Agenda Package - 01-05-09 - Laserfiche WebLink

Home Browse Search

E 032 28. Disputes and Appeals. Any dispute concerning a question of fact arising under this agreement shall be identified to the designated grants administrator for the Area Agency. In accordance with Lead Regional Organization (LRO) policy, a written decision shall be promptly furnished to the designated grants administrator for the Agency. The decision of the LRO is final unless within twenty (20) days of receipt of such decision the Agency furnishes a written request for appeal to the Director of the North Carolina Division of Aging and Adult Services, with a copy sent to the Area Agency. The request for appeal shall state the exact nature of the complaint. The Division of Aging and Adult Services will inform the Agency of its appeals procedures and will inform the Area Agency that an appeal has been filed. Procedures thereafter will be determined by the appeals process of the Division of Aging and Adult Services. The state agency address is as follows- Director North Carolina Division of Aging and Adult Services 2101 Mail Service Center 693 Palmer Drive Raleigh, North Carolina 2 7 699-2 1 0 1 29. Termination of Contract for Cause. If through any cause, the Agency shall fail to fulfill in a ® timely and proper manner its obligations under this contract, or if the Agency has or shall violate any of the covenants, agreements, representations or stipulations of this contract, the Area Agency shall therefore have the right to terminate this contract by giving written notice to the Agency of such termination and specifying the effective date thereof. In such event, all finished documents and other materials collected or produced under this contract shall at the option of the Area Agency, become its property. The Agency shall be entitled to receive just and equitable compensation for any work satisfactorily performed under this contract, except to the extent such work must be duplicated in order to complete the contract- Notwithstanding the foregoing, the Agency shalt not be relieved of liability to the Area Agency for damages sustained by the Area Agency by virtue of any breach of this contract by the Agency and the Area Agency may withhold payment of any additional sums as security for payment of damages caused by the Agency's breach, until such time as the exact amount of the damages resulting from such breach is determined. 30. Termination for Convenience. The Area Agency may terminate this contract for the convenience of the Area Agency at any time by giving written notice to the Agency of such termination and specifying the date thereof, no fewer than fifteen (15) days prior to the effective date of such termination. in that event, alt finished or unfinished documents and other materials produced or collected shall, at the option of the Area Agency, become the property of the Area Agency. If this contract is terminated by the Area Agency as provided in this paragraph, the Agency will be paid the grant reimbursement percentage, described in paragraph 5, of the actual allowable expenses that have been incurred by the Agency prior to the effective date of such termination, less payments of compensation previously made by the Area Agency. Provided, ant however, if this contract is terminated because of default by the Agency the provisions of paragraph 29 hereof shall prevail. 7of8