AG 2008 02 18 - Laserfiche WebLink

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•:• '$500,000+inState funds AND $500,000+ in Federal pass through funds (i.e. at least $1 million in funding) S• Less than $500,000+ in State funds AND $500,000 in Federal pass through funds Audited Financial Statements in compliance with GAO/GAS (i.e. Yellow Book) Audited Financial Statements incompliance with GAO/GAS (i.e. Yellow Book) Page 6 of 7 May use State AND Federal Funds May use Federal funds but NOT: State funds It is further .understood thaf the County is responsible to the- Council for clarifying any audit exceptions that may arise from any assessment, Agency single or financial audit, or audits conducted by the State or Federal Governments. In the event the Council or the North Carolina Department of Health and Human Services disallows any expenditure of grant funds-made by the County for any reason, the County shall promptly reimburse such funds to the Council .The Council may also withhold future payments under this or any other contract with the County until the audit exceptions are cleared. 25. Audit/Assessment Resolutions and Disallowed Costs. It is further understood that the Agency is responsible to the Council for clarifying any audit exceptions that may arise from any assessment, Agency single or financial audit, or audits conducted by the State or Federal Governments. Jn the event the Council or the North Carolina Department of Health and Human Services disallows any expenditure of grant funds made by the Agency for any reason, the Agency shall promptly repay such funds to the, Council once any final appeal is exhausted in accordance with paragraph Z3. 26. Indemnity. The Agency agrees to the extent allowable by law to indemnify and save harmless the Council, its agents and employees from and against any and all loss, cost, damages, expense and liability arising-out of the County's and the community service providers` performance under this Agreement. 27. Changes. The Council may require changes in the work and services, which the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation, which are mutually agreed upon by and between the Council and the Agency, shalt be incorporated in written amendments to this contract. 28. 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 Council 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 Council, 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 shall not be relieved of liability to the Council for damages sustained by the Council by virtue of any breach of this contract by the Agency and the Couhcil 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. r-- ~