|
BK -00027 PG- 0851
<br />'3. ACCESS TO PERSONS AND RECORDS: The State Auditor and the using agency's internal auditors shall have access to
<br />persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance
<br />with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the
<br />records of the contractor during the term of the contract to verify accounts and data affecting fees or performance).
<br />14. ASSIGNMENT: No assignment of the Contractor's obligations nor the Contractor's right to receive payment hereunder shall be
<br />permitted. However, upon written request approved by the issuing purchasing authority, the State may:
<br />a. Forward the contractor's payment check(s) directly to any person or entity designated by the Contractor, or
<br />b. Include any person or entity designated by Contractor as a joint payee on the Contractor's payment check(s).
<br />In no event shall such approval and action obligate the State to anyone other than the Contractor and the Contractor shall remain
<br />responsible for fulfillment of all contract obligations.
<br />15. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing
<br />requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having
<br />jurisdiction and/or authority.
<br />16. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and State requirements
<br />concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without
<br />regard to discrimination by reason of race, color, religion, sex, national origin, or disability.
<br />17. INSURANCE: During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of
<br />such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall
<br />provide and maintain the following coverage and limits:
<br />a. Worker's Compensation - The contractor shall provide and maintain Worker's Compensation Insurance, as
<br />required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of
<br />$150,000.00, covering all of Contractor's employees who are engaged in any work under the contract.
<br />If any work is subcontracted, the contractor shall require the subcontractor to provide the same coverage
<br />for any of its employees engaged in any work under the contract.
<br />b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence
<br />basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the
<br />limit of liability.
<br />c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and
<br />non -owned vehicles, used in connection with the contract. The minimum combined single limit shall be
<br />$150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and
<br />$1,000.00 medical payment.
<br />Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this
<br />contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from
<br />companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do
<br />business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all
<br />requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or
<br />this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting
<br />the contractor's liability and obligations under the contract.
<br />18. ADVERTISING: The offeror shall not use the award of a contract as part of any news release or commercial advertising.
<br />19. ENTIRE AGREEMENT: This contract and any documents incorporated specifically by reference represent the entire agreement
<br />between the parties and supersede all prior oral or written statements or agreements.
<br />All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall
<br />survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by
<br />applicable Federal or State statutes of limitation.
<br />20. AMENDMENTS: This contract may be amended only by written amendments duly executed by the Agency and the Contractor.
<br />The NC Division of Purchase and Contract shall give prior approval to any amendment to a contract awarded through that office.
<br />21. TAXES: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates
<br />meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to
<br />purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office,
<br />(2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic
<br />exploitation of the market by media -assisted, media -facilitated, or media -solicited means. By execution of the proposal document
<br />the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.
<br />
|