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40 <br /> <br /> 5. Method of Payment. The Consultant shall be entitled to payment <br />in accordance with the provisions of this paragraph. The Consultant agrees <br />to undertake this engagement with the following advantages to the County. <br />First, the Consultant will not require any compensation for services until <br />a cost allocation plan has been prepared and is acceptable as a basis for <br />filing claims. Second, Consultant's fees are to be paid from recoveries <br />paid by Federal programs to the County as well as recoveries from Enter- <br />prise Funds. Recoveries due solely from the plan will be shared equally <br />by the County and the Consultant until Consultant's fees are paid in full. <br />Then all additional funds are paid to the County. Payment to Consultant <br />will be made within four weeks of receipt by the County of funds realized <br />from the plan. <br /> 6. Changes. The County may, from time to time, require changes in <br />the scope of the services of the Consultant to be performed hereunder. <br />Such changes, which are mutually agreed upon by and between the County <br />and the Consultant, shall be incorporated in written amendment to this <br />agreement. <br /> 7. Services and Materials to be Furnished by C~u~y. The County <br />shall locally furnish the Consultant with all available necessary <br />information, data, and material pertinent to the execution of this agreement. <br />The County shall cooperate with the Consultant in carrying out the work <br />herein and shall provide adequate staff for liaison with the Consultant <br />and other agencies of County government. <br /> 8. Termination of Agreement for Cause. If, through any cause, the <br />Consultant shall fail to fulfill in timely and proper manner his obligations <br />under this agreement, the County shall thereupon have the right to terminate <br />this agreement by giving written notice to the Consultant of such termination <br />and specifying the effective date thereof, at least five (5) days before <br />the effective date of such termination. <br /> 9. Information and Reports. The Consultant shall, at such time and <br />in such form as the County may require, furnish such periodic reports con- <br />cerning the status of the project, such statements, certificates, approvals, <br />and copies of proposed and executed plans and claims and other information <br />relative to the project as may be requested by the County. The Consultant <br />shall furnish the County, upon request, with copies of all documents and <br />other materials prepared or developed in relation with or as part of the <br />project. Copies of working papers prepared in conjunction with the cost <br />allocation plan may be turned over to the County for safekeeping if <br />requested. <br /> 10. Consultant Liability If Audited. The Consultant will assume all <br /> financial and statistical information provided to the Consultant by County <br /> employees or representatives is accurate and complete. Any subsequent <br /> disallowance of funds paid to the County under the plan is the sole <br /> responsibility of the County. However, where a disallowance had an impact <br /> on the fee computation, the computation will be recalculated and any unearned <br /> portion of the fee will be returned to the client. Additionally, the <br /> Consultant will provide assistance to the County should an audit be under- <br /> taken of County indirect costs. <br /> 11. Notices. Any notices, bills, invoices, or reports required by <br /> this agreement shall be sufficient if sent by the parties in the United <br /> States mail, postage paid, to the address noted below: <br /> <br />County of Cabarrus <br />Post Office Box 707 <br />Concord, NC 28026-0707 <br /> <br />David M. Griffith & Associates <br />1100 Logger Court, Suite D-100 <br />Raleigh, North Carolina 27609 <br /> <br /> IN WITNESS WHEREOF, the County and the Consultant have executed this <br />agreement as of the date first written above. <br /> <br />ATTEST: <br />/s/ Frankie F. Small <br /> <br />Cabarrus County, N.C. <br />By: /s/ James W. Lentz <br /> <br /> (County Official) <br />David M. Griffith & Associates <br />By: /s/ David R. Mazo <br /> <br />David R. Mazo <br />Vice President <br /> <br /> <br />