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

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3~nK 13 91P 3.12.2. The SDA shall have a complaint and hearing procedure for complaints and grievances arising between the Contractor and the SDA and for appeal of certain complaints and grievances as described in paragraph 3.12.1. The procedures shall be conducted under and governed by the North Carolina Administrative Procedures Act and the North Carolina Administrative Code. As to complaints and appeals governed by this paragraph, the SDA shall have authority to investigate and make findings, determinations and orders, including orders imposing corrective conditions and ordering sanctions, after the opportunity for a hearing. Where permitted under this Contract or by law, sanctions or conditions may be imposed prior to an oral hearing in an emergency situation. Orders of the SDA may be appealed, where permissible, to the United States Department of Labor or to the courts. 3.12.3. The complaints and hearing procedures hereunder will comply with the Act and with State law.r The Contractor acknowledges the jurisdiction of the SDA Administrator of the Hid-Carolina Service Delivery Area. The parties also agree that Cumberland County is presumptively the most convenient location for hearings arising out of this Contract. 3.13. Amendments: Termination by Agreement; Termination by Necessity. 3.13.1. The parties may amend this Contract at any time, including after the Contract period, by written amendment executed by both parties, except that the execution by the Contractor is not required where the SDA is permitted by this Contract or by law to act unilaterally. The parties specifically agree that no course of dealing between them can modify the federal statutory or regulatory requirements incorporated into this Contract for reference. 3.13.2_ The SDA reserves the right to modify any provision of this contract to comply with the requirements of any legislation, regulations, orders or directives that are effective prior to the completion of the Contract. 3.13.3. The parties may terminate this Contract in whole or in part if both parties agree in writing to all termination conditions. 3.13.4. The SDA may unilaterally terminate or modify this Contract if necessitated by unavailability of or reduction in funding. 3.13.5. If this Contract is terminated in whole or in part under paragraph 3.13.3. or paragraph 3.13.4.1 the Contractr shall be entitled to payment for all allowable costa incurred prior to the effective date of termination after submission of required reports and documentation. 3.13.6. The SDA may extend this agreement for a period of an additional year if the performance under the original agreement is satisfactory. A request for proposals will not be required for such an extension. Satisfactory performance will be determined by examining monitoring reports, audit findings, performance against participant goals, expenditure rates and effectiveness of coordination with other programs. 3.14. Governmental Authorization. Contractors that are units of government agree to attach or provide a copy of this statute, ordinance or resolution authorizing the signatory official to execute contracts or this Contract on behalf of the unit of government. -8-