1991 - 07-08-91 Regular Meeting - Laserfiche WebLink

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EnoK D FMH 912 and the SDA, by requiring the Contractor to conduct allowable activities under the Act without federal funding, by a combination of the sanctions listed above or by such other methods of recoupment that may, in the opinion of the SDA, serve the purposes of the Act. 3.10.5. If, for any reason, the Contractor fails to fulfill its obligations in a timely and proper manner or violates any provision of this Contract or fails to take necessary corrective actions, or if the performance standards of the Governor are not met, or if the SDA has reason to believe that the integrity of funds hereunder may be jeopardised, or if the Contractor fails to repay or cooperate in audit resolution for any previous contract with the SDA or the State, the SDA may impose conditions on continued funding (including repayment), may designate an alternate Contractor for this Contract or may terminate this Contract in whole or in part, unilaterally, by giving written notice to the Contractor specifying the effective date of conditional funding or termination. A statement of reasons need not be given if the matter is referred to an investigatory or prosecutorial agency, unless required in oral hearing. The Contractor shall have a right to an oral hearing, if requested, on any sanction in this paragraph, but the oral hearing need not be conducted prior to imposition of conditions or termination if, in the discretion of the SDA, the situation is an emergency. 3.10.6. If the Contract is terminated in whole or in part as provided in paragraph 3.10., the Contractor shall be entitled to payment for allowable costs for satisfactory work completed on a quantum merit basis, after submission of required reports and documentation. Payment may be withheld or placed in escrow by the SDA if there is a question regarding the Contractor's ability to or willingness to repay disallowed costs or to return retained funds. 3.10.7. In the event that the United States Department of Labor assesses interest charges against the SDA for any costa attributable to this Contract, the Contractor shall be liable for those interests costs from the date of assessment or thirty days after the SDA first makes demand on the contractor for repayment, whichever is later. 3.11. Waiver of Claims. The Contractor waives any and all claims arising out of this Contract against the SDA's Hid-Carolina Private Industry Council. The Contractor acknowledges that the SDA/PIC have no and accept no liability with respect to any activity conducted under this Contract for bodily injury, illness or other damages or losses to employees, participants, third parties or property. The Contractor waives all claims against the SDA/PIC and agrees to hold the SDA/PIC harmless on any claim against the SDA/PIC based on ownership by the SDA/PIC of property that is in the control of the Contractor or its subcontractor(s). NOTE: Hold harmless provision does not apply to an agency of the State of North Carolina, because it is contrary to the North Carolina Constitution based on review by the Attorney General. 3.12. Comolainta and Hearings. 3.12.1. The Contractor shall have a complaint and hearing procedure for complaints and grievances by its employees, participants and third parties, including disappointed prospective subcontractors. The procedure may involve investigations by the Contractor and shall result in a written determination by the Contractor. -7-