|
AOC
<br />A-71! INITIALS Revised O8/2017
<br />20. Performance. All grants provided by the Governor's Highway Safety Program are performance-based
<br />and, as such, require that continual progress be made toward the reduction of the number and severity of
<br />traffic crashes. Any agency, whose performance is deemed unsatisfactory by the GHSP, shall be subject
<br />to the sanctions as provided for in this contract. Additionally, unsatisfactory performance shall be cause
<br />for the Department to reduce or deny future funding.
<br />21. Resolution of Disputes. Any dispute concerning a question of fact in connection with the work not
<br />disposed of by contract by and between the Agency and the Department, or otherwise arising between
<br />the parties to this contract, shall be referred to the Secretary of the North Carolina Department of
<br />Transportation and the authorized official of the Agency for a negotiated settlement. In any dispute
<br />concerning a question of fact in connection with the project where such negotiated settlement cannot be
<br />resolved in a timely fashion, the final decision regarding such dispute shall be made by the Secretary of
<br />the North Carolina Department of Transportation, with the concurrence of the Federal funding agency,
<br />and shall be final and conclusive for all parties.
<br />22. Department Held Harmless.
<br />(a) For State Agencies. Subject to the limitations of the North Carolina Tort Claims Act, the Agency shall
<br />be responsible for its own negligence and holds harmless the Department, its officers, employees, or
<br />agents, from all claims and liability due to its negligent acts, or the negligent acts of its
<br />subcontractors, agents, or employees in connection with their services under this contract.
<br />(b) For Agencies Other Than State Agencies. The Agency shall be responsible for its own negligence
<br />and holds harmless the Department, its officers, employees, or agents, from all claims and liability
<br />due to its negligent acts, or the negligent acts of its subcontractors, agents, or employees in
<br />connection with their services under this contract.
<br />23. Records Access and Retention. The Agency shall provide all information and reports required by the
<br />regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
<br />other sources of information, and its facilities as may be determined by the Department, the State,
<br />NHTSA, or FHWA, as appropriate, to be pertinent to ascertain compliance with such regulations, orders
<br />and instructions. Furthermore, the Agency shall maintain such materials during the contract period, and
<br />for five (5) years from the date of final payment from the Department or until all audit exceptions have
<br />been resolved, for such inspection and audit. Where any information required of the Agency is in the
<br />exclusive possession of another who fails or refuses to furnish this information, the Agency shall so certify
<br />to the Department, State, NHTSA, or FHWA, as appropriate, and shall set forth what efforts it has made
<br />to obtain the information. Pursuant to N.C.G.S. §147-64.7, the Department, the State Auditor, appropriate
<br />federal officials, and their respective authorized employees or agents are authorized to examine all
<br />books, records, and accounts of the Agency insofar as they relate to transactions with any department,
<br />board, officer, commission, institution, or other agency of the State of North Carolina pursuant to the
<br />performance of this Agreement or to costs charged to this Agreement.
<br />24. Sanctions for Non -Compliance. The applicant Agency agrees that if it fails or refuses to comply with
<br />any provisions and assurances in this contract, the Department may take any or all of the following
<br />actions
<br />(a) Cancel, terminate, or suspend this contract in whole or in part;
<br />(b) Withhold reimbursement to the Agency until satisfactory compliance has been attained by the
<br />Agency;
<br />(c) Refrain from extending any further funding to the Agency under this contract with respect to which the
<br />faiture or refusal occurred until satisfactory assurance of future compliance has been received from
<br />the Agency;
<br />(d) Refer the case to the United States Department of Justice for appropriate legal proceedings.
<br />25. Cancellation, Termination, or Suspension of Contract.
<br />(a) By the Department. For noncompliance with any of the said rules, regulations, orders or conditions,
<br />due to management deficiencies or criminal activity this contract may be immediately canceled,
<br />terminated, or suspended in whole or in part by the Department. For noncompliance not indicative of
<br />management deficiencies or criminal activity the Department shall give sixty (60) days written notice
<br />to take corrective action. If the Agency has not taken the appropriate corrective action after sixty (60)
<br />days the Department may cancel, terminate, or suspend this contract in whole or in part.
<br />(b) By mutual consent. The Agency or the Department may terminate this contract by providing sixty
<br />(60) days advanced written notice to the other party.
<br />(c) Unexpended funds. Any unexpended funds remaining after cancelation or termination will revert to
<br />the Department.
<br />Page 7
<br />Page 223
<br />
|