Orange County NC Website
DocuSign Envelope ID:477C45AE-B489-46C6-84F5-C1CB6A598105 <br /> 36 <br /> ARTICLE 30: SEVERABILITY <br /> H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or <br /> unenforceable, such determination shall not affect any other term of this Master Agreement,which shall continue <br /> in full force and effect. <br /> ARTICLE 31: FORCE MAJEURE <br /> To the extent that either party to this Master Agreement shall be wholly or partially prevented from the <br /> performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor,riot, <br /> fire, flood, acts of war, insurrection, accident, order of any court,act of God, or specific cause reasonably beyond <br /> the party's control and not attributable to its neglect or nonfeasance,in such event,the time for the performance of <br /> such obligation or duty shall be suspended until such disability to perform is removed. Determination of force <br /> majeure shall rest solely with H-GAC. <br /> ARTICLE 32: CONFLICT OF INTEREST <br /> No officer,member or employee of the Contractor or Contractors subcontractor,no member of the governing body <br /> of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in <br /> the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this <br /> Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest,direct <br /> or indirect, in this Master Agreement. <br /> A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors <br /> contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire(CIQ)if they have <br /> an employment or other business relationship with an H-GAC officer or an officer's close family member. <br /> The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics <br /> Commission website https://www.ethics.state.tx.us/forms/CIOpdf. H-GAC officers include its Board of <br /> Directors and Executive Director,who are listed on this website. Respondent must complete and file a CIQ <br /> with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an <br /> officer's close family member as defined in the law exists. <br /> B. Certificate of Interested Parties Form—Form 1295: As required by Section 2252.908 of the Texas <br /> Government Code. H-GAC will not enter a Contract with Contractor unless(i)the Contractor submits a <br /> disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or <br /> (ii)the Contractor is exempt from such requirement. The required form and instructions are located at the <br /> Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. <br /> Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC. <br /> ARTICLE 33: FEDERAL COMPLIANCE <br /> Contractor agrees to comply with all federal statutes relating to nondiscrimination,labor standards, and <br /> environmental compliance.With regards to"Rights to Inventions Made Under a Contract or Master Agreement," <br /> If the Federal award meets the definition of"funding Master Agreement"under 37 CFR§ 401.2(a) and the <br /> recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization <br /> regarding the substitution of parties, assignment or performance of experimental, developmental,or research work <br /> under that"funding Master Agreement,"the recipient or subrecipient must comply with the requirements of 37 <br /> CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under <br /> Government Grants, Contracts and Cooperative Master Agreements,"and any implementing regulations issued by <br /> the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200,Appendix II. <br /> Additionally, for work to be performed under the Master Agreement or subcontract thereof,including procurement <br /> of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the <br /> Contractor's federal compliance obligations. These may include,but are not limited to: (a)Title VI of the Civil <br /> Rights Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) <br /> Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§ 1681-1683, and 1685-1686),which <br /> prohibits discrimination on the basis of sex; (c)the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.),(d) <br /> Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. § 794),which prohibits discrimination on <br /> the basis of handicaps and the Americans with Disabilities Act of 1990; (e)the Age Discrimination in Employment <br /> Act of 1967 (29 USC 621 et. seq.)and the Age Discrimination Act of 1974, as amended(42 U.S.C. §§ 6101-6107), <br /> Page 8 of 13 <br />