AG 2005 01 24 - Laserfiche WebLink

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12. 13. 14. 15. 16. 17, 18. · $300,000+ in State funds, Audited Financial State- May use State and Federal funds includes Federal pass ment in compliance with through funds where ex- OMB Circular A-133 penditures exceed $500,000 Audit/Assessment Resolutions and Disallowed Cost It is further understood that the community service providers are responsible to the Council for clarifying any audit exceptions that may arise from any assessment, county or community service provider single or financial audit, or audits conducted by the State or Federal Governments. In th~ event that the Councilor the North Carolina Department of Health and Human Services disallows any expenditure made by the community service provider for any reason, the County shall promptly repay such funds to the Council once any final appeal is exhausted in accordance with paragraph ten (10). The County or the Council can recoup any required payback from the community service provider in the event that payback is due to a community service provider's failure to meet OMB Circular A-122 requirements, requirements of A- 110, requirements of 45CFR, Part 1321, and 45CFR, Part 92, or state eligibility requirements as specified in policy. Indemnity The County agrees to the extent allowable by applicable law to indemnify and save harmless the Council, its agents, and employees from and against any and all loss, cost, damages, expenses, and liability arising out of the County's and the community service providers' performance under this Agreement. Equal Employment Opportunity and Americans With Disabilities Act Compliance The county shall comply with all federal and state laws relative to equal employment opportunities. Data to be Furnished to the County All information which is existing, readily available to the Council without cost and reasonably necessary, as determined by Area Agency on Aging staff, for the performance of this Agreement by the County shall be furnished to the County and community service providers without charge by the Council. The Council, its agents and employees, shall fully cooperate, with the County in the performance of the County's duties under this Agreement. Rights in Documents, Materials and Data Produced The County and community service providers agree that at the discretion of the Council, all reports and other data prepared by or for it under the terms of this Agreement shall be delivered to, become and remain, the property of the Council upon termination or completion of the work. Both the Council and the County shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this Agreement, "data" includes writings, sound recordings, or other graphic representations, and works of similar nature. No reports or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the County. Interest of the Board of Commissioners The County covenants that neither the Board of Commissioners nor their agents or employees presently have ah interest, nor shall acquire an interest, direct or indirect, which conflicts in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the service hereunder in an impartial and unbiased manner. Interest of Members of the Council and Others No officer, member or employ~ of the Council, and no public official of any local government which is affected in any way by the pr~ram, who exercises any function or responsibilities in the review or approval of the program or-'any component part thereof, shall participate in any decisions relating to this Agreement which affects his personal interest F-6