CONTRACT FOR GENERATOR MAINTENANCE AND EMERGENCY REPAIR

SERVICES
This contract is dated, made, and entered into as of the _____ day of ___________________, 2014, by the
City of Durham (“City”), a N. C. municipal corporation, and National Power Corp. (“Contractor”), a corporation
organized and existing under the laws of North Carolina.

Sec. 1. Background and Purpose. The City of Durham Department of Water Management (“DWM”)
operates approximately 62 lift stations to convey wastewater to reclamation facilities. Backup power generation is
required to maintain permit compliance and protect nearby waterways from pollution. The City of Durham is not
able to effectively maintain the 62 generators and has pursued outside contracting to ensure proper preventative
maintenance and emergency repairs.

Sec. 2. Services and Scope to be Performed. Presumption that Duty is Contractor’s. The Contractor shall
perform the following work:

SCOPE OF WORK
A. General
This work shall involve the maintenance and emergency repair of approximately 62 generators of various
manufactures and size. Generator maintenance shall ensure proper operation of each generator while also
completing the required monthly and annual generator load testing.
B. Generator Maintenance
MINIMUM GENERATOR MAINTENANCE REQUIREMENTS FOR PMS
At a minimum, the results of each inspection and maintenance item listed in Exhibit A, (“Preventative
Maintenance Checklist”), shall be documented on a maintenance log for each site. Items that are not
applicable to a particular site should be noted as such.

a. Preventative Maintenance Schedule

Contractor shall prepare and submit a Preventative Maintenance Schedule (PMS) for review by
the City. The PMS shall include the minimum requirements shown in Exhibit A and any other
maintenance tasks recommended by the Contractor based on their experience/expertise.
Deviations from the schedule will only be allowed by verbal approval with the City and will
result in a reduction of payment if deemed appropriate by the DWM staff. . If any major repairs
are warranted, the contractor shall notify DWM- Plant Equipment & Maintenance (PEM)
division personnel within one working day. Payment for emergencies and non-routine
maintenance or repairs, which is not specified within the City minimum requirements or
approved PMS documentation, will be paid for through issuance of a written work authorization
(“Change Order”) separate from this Agreement and according to the hour rates reflected on line
items 62 and 63, respectively, of Exhibit B (“Unit Price List”). All Change Orders for
emergencies and non-routine maintenance or repairs must be approved by City of Durham
project manager prior to work commencing.
b. Plant Engineering Maintenance Required Testing
 Annual load test conducted for a minimum of four hours at 100%.
 Monthly transfer switch test as required by PEM. Monthly Transfer Switch Test shall be
conducted for a minimum of 20 minutes.
c. Oil Change, Coolant Change and Air Filter Replacement
 Oil changes shall be conducted as recommended by oil analysis not to exceed 2 years.
The Contractor shall include 50% of the 62 generators (30) requiring oil change in the
lump sum yearly price. If more oil changes are warranted the cost shall be paid as a
 Contract for Generator Maintenance and Emergency Repair Services

separate Change Order according to the per hour rate from line item 63 in Exhibit B. All
invoicing against line item 63 in Exhibit B shall be approved prior to work commencing.
 Coolant changes shall be conducted as recommended by coolant analysis not to exceed 5
years. The Contractor shall include 20% of the 62 generators (12) requiring coolant
change in the lump sum yearly price. If more coolant changes are warranted the cost
shall be paid as a separate Change Order according to the per hour rate from line item 63
in Exhibit B. All invoicing against line item 63 in Exhibit B shall be approved prior to
work commencing.
 All oil changes shall include the replacement of the air filters. Additional air filter
replacement shall be completed as recommended by the Contractor and approved by the
City.
C. Emergency Repair Services
The Contractor shall be available 24 hrs per day, 7 days a week. A 2 hour response time is required from
the time the Contractor is contacted by phone to the Contractor arriving onsite of the generator in question.
If the Contractor fails to meet the 2 hour response time a financial penalty equal to double the contractor’s
line item 62 emergency services unit price per hour (Exhibit B) will be credited to the City in the following
billing cycle for each hour over two hours. The Contractor will be clearly notified by City of Durham that
the request for repair service is an “Emergency Repair Service”. The Emergency Repair Service line item
62 (Exhibit B) will include the repair service and mileage within the unit price. The Contractor shall be
paid for Emergency Repair Services for through issuance of a Change Order separate from this Agreement,
after approval by City of Durham project manager.

In this contract, “Work” means the services that the Contractor is required to perform pursuant to this
contract and all of the Contractor’s duties to the City that arise out of this contract. Unless the context requires
otherwise, if this contract states that a task is to be performed or that a duty is owed, it shall be presumed that the
task or duty is the obligation of the Contractor.

Sec. 3. Complete Work without Extra Cost. Except to the extent otherwise specifically stated in this
contract, the Contractor shall obtain and provide, without additional cost to the City, all labor, materials, equipment,
transportation, facilities, services, permits, and licenses necessary to perform the Work.

Sec. 4. Contractor’s Billings to City. Compensation.

The City shall pay the Contractor for the Work as a unit price fee upon completion of the Work up to
$134,810.00. if deemed necessary and appropriate by the City of Durham, Emergency Maintenance and Non-
Routine Repair Services charges and payment shall be made by Change Order to this Agreement and will be added
to the Contractor’s compensation. Exhibit B shows the agreed upon unit price list.

The Contractor shall send monthly invoices to the City equal to 1/12 of the total annual fee for each
generator item identified in Exhibit B for which routine maintenance work has been performed for that month. Each
invoice shall document, to the reasonable satisfaction of the City: such information as may be reasonably requested
by the City. Invoices shall contain: a cover letter explaining the list of work performed during invoice time period
and the anticipated list of work to be done in next 30 days and a list of any work items that will cause noise during
the next 30 days. Invoices must contain itemized, proportionate charges that correspond to the Unit Price List in
Exhibit B. Invoice must have date, billing period, and vendor invoice number.

The Contractors shall send as a separate invoice all work related to Emergency Maintenance or Non-
Routine Repair Services. Each invoice shall document, to the reasonable satisfaction of the City: such information
as may be reasonably requested by the City. Invoices must contain itemized charges that correspond to the Unit
Price List in Exhibit B. Invoice must have date, billing period, and vendor invoice number.

Payment will be made by the City within thirty (30) days of receipt of an accurate invoice. The City shall

2
 Contract for Generator Maintenance and Emergency Repair Services

not be obligated to pay the Contractor any payments, fees, expenses, or compensation other than those authorized by
this section.

Sec. 5. Prompt Payment to Subcontractors.

(a) Within 7 days of receipt by the Contractor of each payment from the City under this contract, the
Contractor shall pay all Subcontractors (which term includes subconsultants and suppliers) based on work
completed or service provided under the subcontract. Should any payment to the Subcontractor be delayed by more
than 7 days after receipt of payment by the Contractor from the City under this contract, the Contractor shall pay the
Subcontractor interest, beginning on the 8th day, at the rate of 1% per month or fraction thereof on such unpaid
balance as may be due. By appropriate litigation, Subcontractors shall have the right to enforce this subsection (a)
directly against the Contractor, but not against the City of Durham.

(b) If the individual assigned to administer this contract for the City (in this section, titled “Prompt Payment
to Subcontractors,” he or she will be referred to as the “Project Manager”) determines that it is appropriate to
enforce subsection (a) in this manner, the City may withhold from progress or final payments to the Contractor the
sums estimated by the Project Manager to be
(i) the amount of interest due to the Subcontractor under subsection (a), and/or
(ii) the amounts past-due under subsection (a) to the Subcontractor but not exceeding 5% of the
payment(s) due from the City to the Contractor.
This subsection (b) does not limit any other rights to withhold payments that the City may have.

(c) Nothing in this section (titled “Prompt Payment to Subcontractors”) shall prevent the Contractor at the
time of invoicing, application, and certification to the City from withholding invoicing, application, and certification
to the City for payment to the Subcontractor for unsatisfactory job progress; defective goods, services, or
construction not remedied; disputed work; third-party claims filed or reasonable evidence that such a claim will be
filed; failure of the subcontractor to make timely payments for labor, equipment, and materials; damage to the
Contractor or another subcontractor; reasonable evidence that the subcontract cannot be completed for the unpaid
balance of the subcontract sum; or a reasonable amount for retainage not to exceed 10%.

(d) The Project Manager may require, as a prerequisite to making progress or final payments, that the
Contractor provide statements from any Subcontractors designated by the Project Manager regarding the status of
their accounts with the Contractor. The statements shall be in such format as the Project Manager reasonably
requires, including notarization if so specified.

Sec. 6. Insurance.

Contractor shall maintain insurance not less than the following:

Commercial General Liability, covering:

 Premises/operations
 Products/completed operations
 Explosion, collapse, and underground hazards if the hazards exist in the performance of this
contract.
 Contractual liability
 Independent contractors, if any are used in the performance of this contract
 City of Durham must be named additional insured, and an original of the endorsement to effect the
coverage must be attached to the certificate if by blanket endorsement, then agent may also
indicate in the GL section of the certificate, in lieu of an original endorsement)
 Combined single limit not less than $1,000,000 per claim; aggregate limit not less than $2,000,000
per year

Professional Liability, covering:

 Engineers (employed or engaged by Contractor)
 Covering claims arising out of professional acts and omissions

3
 Contract for Generator Maintenance and Emergency Repair Services

 Coverage may be provided either by specific policy or as part of the Commercial General Liability
Policy
 Self-insured retentions/deductibles in excess of $25,000 must be approved by the City Finance
Director.
 Combined single limit not less than $1,000,000 per claim; aggregate limit not less than $1,000,000
per year. If coverage is only available on claims made basis, then additional coverage
requirements may apply subject to review of City Finance Director.

Automobile Liability Insurance, covering:

 Owned, hired, or borrowed vehicles
 Employee vehicles, if used in performance of this contract
 Combined single limit not less than $1,000,000 per claim; aggregate limit not less than $2,000,000
per year

Workers’ Compensation Insurance, covering:

 Statutory benefits;
 Covering employees; covering owning partners, officers, and relatives (who work on this
contract); certificate must specifically state who is covered by the policy)
 Employers’ liability, $1,000,000
 Waiver of subrogation in favor of the City of Durham

Insurance shall be provided by:

 Companies authorized to do business in the State of North Carolina
 Companies with Best rating of A-VIII or better.

Insurance shall be evidenced by a certificate:

 Providing notice to the City of not less than 30 days prior to cancellation or reduction of coverage
 Certificates shall be addressed to:
City of Durham, North Carolina
Attention: Finance Director
101 City Hall Plaza
Durham, NC 27701

Both the insurance certificate and the additional insured endorsement must be originals and must be approved by the
City’s Finance Director before Contractor can begin any work under this contract.

Sec. 7. Performance of Work by City. If the Contractor fails to perform the Work in accordance with the
schedule referred to in Section 2 above, the City may, in its discretion, in order to bring the project closer to the
schedule, perform or cause to be performed some or all of the Work, and doing so shall not waive any of the City’s
rights and remedies. Before doing so, the City shall give the Contractor notice of its intention. The Contractor shall
reimburse the City for additional costs incurred by the City in exercising its right to perform or cause to be
performed some or all of the Work pursuant to this section.

Sec. 8. Exhibits. The following exhibits are made a part of this contract:

Exhibit A – Preventive Maintenance Checklist, containing four (4) page(s).

Exhibit B – Unit Price List, containing ______ page(s).

In case of conflict between an exhibit and the text of this contract excluding the exhibit, the text of this
contract shall control.

Sec. 9. Notice.

(a) All notices and other communications required or permitted by this contract shall be in writing and shall

4
 Contract for Generator Maintenance and Emergency Repair Services

be given either by personal delivery, fax, UPS, Federal Express, or certified United States mail, return receipt
requested, addressed as follows. The parties are requested to send a copy by email.

To the City:
Robert Gasper, PE - Department of Water Management
City of Durham
101 City Hall Plaza
Durham, NC 27701-3329
The fax number is (919) 560-4479
Email: Robert.Gasper@DurhamNC.gov

To the Contractor:
Jamie Dalton
National Power Corp.
4541 Preslyn Drive
Raleigh, NC 27616
The fax number is (919) 790-9714
Email: jamie.dalton@natpow.com

(b) Change of Address. Date Notice Deemed Given. A change of address, fax number, or person to
receive notice may be made by either party by notice given to the other party. Any notice or other communication
under this contract shall be deemed given and sent at the time of actual delivery, if it is personally delivered or sent
by fax. If the notice or other communication is sent by United States mail, it shall be deemed given upon the third
calendar day following the day on which such notice or other communication is deposited with the United States
Postal Service or upon actual delivery, whichever first occurs.

Sec. 10. Indemnification.

(a) To the maximum extent allowed by law, the Contractor shall defend, indemnify, and save harmless
Indemnitees from and against all Charges that arise in any manner from, in connection with, or out of this contract
as a result of acts or omissions of the Contractor or subcontractors or anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable. In performing its duties under this subsection “a,” the
Contractor shall at its sole expense defend Indemnitees with legal counsel reasonably acceptable to City. (b)
Definitions. As used in subsections “a” above and “c” below -- “Charges” means claims, judgments, costs,
damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, and expenses
(included without limitation within “Charges” are (1) interest and reasonable attorneys' fees assessed as part of any
such item, and (2) amounts for alleged violations of sedimentation pollution, erosion control, pollution, or other
environmental laws, regulations, ordinances, rules, or orders -- including but not limited to any such alleged
violation that arises out of the handling, transportation, deposit, or delivery of the items that are the subject of this
contract). “Indemnitees” means City and its officers, officials, independent contractors, agents, and employees,
excluding the Contractor. (c) Other Provisions Separate. Nothing in this section shall affect any warranties in favor
of the City that are otherwise provided in or arise out of this contract. This section is in addition to and shall be
construed separately from any other indemnification provisions that may be in this contract. (d) Survival. This
section shall remain in force despite termination of this contract (whether by expiration of the term or otherwise) and
termination of the services of the Contractor under this contract. (e) Limitations of the Contractor's Obligation. If
this section is in, or is in connection with, a contract relative to the design, planning, construction, alteration, repair
or maintenance of a building, structure, highway, road, appurtenance or appliance, including moving, demolition
and excavating connected therewith, then subsection “a” above shall not require the Contractor to indemnify or hold
harmless Indemnitees against liability for damages arising out of bodily injury to persons or damage to property
proximately caused by or resulting from the negligence, in whole or in part, of Indemnitees.

Sec. 11. E-Verify Compliance. The contractor represents and covenants that the contractor and its
subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes
(NCGS). In this E-Verify Compliance section, "contractor," "its subcontractors," and "comply" shall have the
meanings intended by NCGS 160A-20.1(b). The City is relying on this section in entering into this contract. The

5
 Contract for Generator Maintenance and Emergency Repair Services

parties agree to this section only to the extent authorized by law. If this section is held to be unenforceable or
invalid in whole or in part, it shall be deemed amended to the extent necessary to make this contract comply with
NCGS 160A-20.1(b).

Sec. 12. Miscellaneous

(a) Choice of Law and Forum; Service of Process. (i) This contract shall be deemed made in Durham
County, North Carolina. This contract shall be governed by and construed in accordance with the law of North
Carolina. The exclusive forum and venue for all actions arising out of this contract shall be the North Carolina
General Court of Justice, in Durham County. Such actions shall neither be commenced in nor removed to federal
court. This subsection (a) shall not apply to subsequent actions to enforce a judgment entered in actions heard
pursuant to this subsection. (ii) If the Contractor is not a natural person (for instance, the Contractor is a corporation
or limited liability company), this subsection (ii) applies. “Agent for Service of Process” means every person now
or hereafter appointed by the Contractor to be served or to accept service of process in any State of the United
States. Without excluding any other method of service authorized by law, the Contractor agrees that every Agent
for Service of Process is designated as its non-exclusive agent for service of process, summons, and complaint. The
Contractor will instruct each Agent for Service of Process that after such agent receives the process, summons, or
complaint, such agent shall promptly send it to the Contractor. This subsection (ii) does not apply while the
Contractor maintains a registered agent in North Carolina with the office of the N. C. Secretary of State and such
registered agent can be found with due diligence at the registered office.

(b) Waiver. No action or failure to act by the City shall constitute a waiver of any of its rights or remedies
that arise out of this contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach
thereunder, except as may be specifically agreed in writing.

(c) Performance of Government Functions. Nothing contained in this contract shall be deemed or
construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing,
legislative, governmental, or other powers or functions.

(d) Severability. If any provision of this contract shall be unenforceable, the remainder of this contract
shall be enforceable to the extent permitted by law.

(e) Assignment. Successors and Assigns. Without the City's written consent, the Contractor shall not
assign (which includes to delegate) any of its rights (including the right to payment) or duties that arise out of this
contract. The City Manager may consent to an assignment without action by the City Council. Unless the City
otherwise agrees in writing, the Contractor and all assignees shall be subject to all of the City’s defenses and shall be
liable for all of the Contractor’s duties that arise out of this contract and all of the City’s claims that arise out of this
contract. Without granting the Contractor the right to assign, it is agreed that the duties of the Contractor that arise
out of this contract shall be binding upon it and its heirs, personal representatives, successors, and assigns.

(f) Compliance with Law. In performing all of the Work, the Contractor shall comply with all applicable
law.

(g) Notice of City Policy. THE CITY OPPOSES DISCRIMINATION ON THE BASIS OF RACE AND
SEX AND URGES ALL OF ITS CONTRACTORS TO PROVIDE A FAIR OPPORTUNITY FOR MINORITIES
AND WOMEN TO PARTICIPATE IN THEIR WORK FORCE AND AS SUBCONTRACTORS AND VENDORS
UNDER CITY CONTRACTS.

(h) EEO Provisions. During the performance of this Contract the Contractor agrees as follows: (1) The
Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex,
national origin, political affiliation or belief, age, or handicap. The Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated equally during employment, without regard to race, color,
religion, sex, national origin, political affiliation or belief, age, or handicap. Such action shall include but not be limited
to the following: employment, upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall post in

6
 Contract for Generator Maintenance and Emergency Repair Services

conspicuous places, available to employees and applicants for employment, notices setting forth these EEO provisions.
(2) The Contractor shall in all solicitations or advertisement for employees placed by or on behalf of the Contractor, state
that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,
national origin, political affiliation or belief, age, or handicap. (3) The Contractor shall send a copy of the EEO
provisions to each labor union or representative of workers with which it has a collective bargaining agreement or other
contract or understanding. (4) In the event of the Contractor's noncompliance with these EEO provisions, the City may
cancel, terminate, or suspend this contract, in whole or in part, and the City may declare the Contractor ineligible for
further City contracts. (5) Unless exempted by the City Council of the City of Durham, the Contractor shall include
these EEO provisions in every purchase order for goods to be used in performing this contract and in every subcontract
related to this contract so that these EEO provisions will be binding upon such subcontractors and vendors.

(i) SDBE. The Contractor shall comply with all applicable provisions of Article III of Chapter 18 of the
Durham City Code (Equal Business Opportunities Ordinance), as amended from time to time. The failure of the
Contractor to comply with that article shall be a material breach of contract which may result in the rescission or
termination of this contract and/or other appropriate remedies in accordance with the provisions of that article, this
contract, and State law. The Participation Plan submitted in accordance with that article is binding on the
Contractor. Section 18-59(f) of that article provides, in part, “If the City Manager determines that the Contractor
has failed to comply with the provisions of the Contract, the City Manager shall notify the Contractor in writing of
the deficiencies. The Contractor shall have 14 days, or such time as specified in the Contract, to cure the
deficiencies or establish that there are no deficiencies.” It is stipulated and agreed that those two quoted sentences
apply only to the Contractor’s alleged violations of its obligations under Article III of Chapter 18 and not to the
Contractor’s alleged violations of other obligations.

(j) No Third Party Rights Created. This contract is intended for the benefit of the City and the Contractor
and not any other person.

(k) Principles of Interpretation and Definitions. (1) The singular includes the plural and the plural the
singular. The pronouns “it” and “its” include the masculine and feminine. References to statutes or regulations
include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation.
References to contracts and agreements shall be deemed to include all amendments to them. The words “include,”
“including,” etc. mean include, including, etc. without limitation. (2) References to a “Section” or “section” shall
mean a section of this contract. (3) “Contract” and “Agreement,” whether or not capitalized, refer to this instrument.
(4) “Duties” includes obligations. (5) The word “person” includes natural persons, firms, companies, associations,
partnerships, trusts, corporations, governmental agencies and units, and other legal entities. (6) The word “shall” is
mandatory. (7) The word “day” means calendar day. (8) The word “Work” is defined in Section 2. (9) A
definition in this contract will not apply to the extent the context requires otherwise.

(l) Modifications. Entire Agreement. A modification of this contract is not valid unless signed by both
parties and otherwise in accordance with requirements of law. Further, a modification is not enforceable against the
City unless it is signed by the City Manager, a deputy or assistant City Manager, or, in limited circumstances, a City
department director. This contract contains the entire agreement between the parties pertaining to the subject matter
of this contract. With respect to that subject matter, there are no promises, agreements, conditions, inducements,
warranties, or understandings, written or oral, expressed or implied, between the parties, other than as set forth or
referenced in this contract.

(m) City’s Manager’s Authority. To the extent, if any, the City has the power to suspend or terminate this
contract or the Contractor’s services under this contract, that power may be exercised by City Manager or a deputy
or assistant City Manager without City Council action.

Sec. 13. Termination for Convenience (“TFC”). (a) Procedure. Without limiting any party’s right to
terminate for breach, the parties agree that the City may, without cause, and in its discretion, terminate this contract
for convenience by giving the Contractor written notice that refers to this section. TFC shall be effective at the time
indicated in the notice. (b) Obligations. Upon TFC, all obligations that are still executory on both sides are
discharged except that any right based on prior breach or performance survives, and the indemnification provisions
and the section of this contract titled Trade Secrets and Confidentiality, if any, shall remain in force. At the time of

7
 Contract for Generator Maintenance and Emergency Repair Services

TFC or as soon afterwards as is practical, the Contractor shall give the City all Work, including partly completed
Work. In case of TFC, the Contractor shall follow the City’s instructions as to which subcontracts to terminate. (c)
Payment. The City shall pay the Contractor an equitable amount for the costs and charges that accrue because of the
City’s decisions with respect to the subcontracts, but excluding profit for the Contractor. Within 20 days after TFC,
the City shall pay the Contractor one hundred dollars as a TFC fee and shall pay the Contractor for all Work
performed except to the extent previously paid for. Work shall be paid for in accordance with the method (unit
prices, hourly fees, etc.) to be used for payment had the Work been completed except to the extent it would be
inequitable to either party, and if Work was to be paid for on a lump-sum basis, the City shall pay the part of the
lump sum that reflects the percentage of completion attained for that Work. The Contractor shall not be entitled to
any payment because of TFC except as stated in this section, whether on the basis of overhead, profit, damages,
other economic loss, or otherwise.

Sec. 14. Term of Agreement. Renewable at City Option. This Agreement, unless terminated sooner in
accordance with Section 13, shall remain in effect for one (1) year from the effective date and be renewable for 2
additional one-year options at the discretion of the City Manager according to the same terms, except that the Unit
Price List of Exhibit B may be increased no more than 3% for each additional year.

IN WITNESS WHEREOF, the City and the Contractor have caused this contract to be executed under seal
themselves or by their respective duly authorized agents or officers.

ATTEST: CITY OF DURHAM

______________________________ By:________________________________

Preaudit Certificate:

8
 Contract for Generator Maintenance and Emergency Repair Services

National Power Corp.

By:_________________________________ (SEAL)

Title of officer: _______________________

[The following officers may sign for the corporation: chairperson; president; chief executive officer; vice-
president; assistant vice-president; treasurer; or chief financial officer.]

State of ____________________________ ACKNOWLEDGMENT BY

NATIONAL POWER CORP.

County of ________________________

I, a notary public in and for the aforesaid county and state, certify that
_______________________________________________________ personally appeared before me this day and
stated that he or she is

(strike through the inapplicable:) chairperson/ president/ chief executive officer/ vice-president/ assistant vice-
president/ treasurer/ chief financial officer of

National Power Corp., a corporation, and that by authority duly given and as the act of the corporation, he or she
signed, under seal, the foregoing contract or agreement with the City of Durham. This the ______ day of
___________________, 20______.

My commission expires: ________________________________________

________________________ Notary Public

9
Contract for Generator Maintenance and Emergency Repair Services

EXHIBIT A

10
Contract for Generator Maintenance and Emergency Repair Services

EXHIBIT B

11