1997 S DSS - Cost Containment Inc for Direct Mailing of Food Stamps

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NC SERIYICE AGREE'.'YIE`7 V. DEFAULT AND TERMINATION: A. Upon default by County,Contractor shall determine and receive from County the sum due for services rendered. In the event Contractor shall be required to institute a suit to collect any unpaid service payments due under this service agreement,Contractor shall be entitled to reasonable attorney's fees set by the Court which shall not be more than 15 percent of the service payments so recovered by the Contractor from County. B. Upon default by Contractor,County shall be entitled to immediate termination of this agreement and,fiuther,to liquidated damages in an amount equal to the sum of service payments made by County to Contractor for the first month of service rendered under this agreement. The County,however,is not limited to the amount of liquidated damages if the County suffers damages in excess of the amount of liquidated damages determined as herein set forth.In the event County shall be required to institute a suit to collect any damages for any amounts due under this agreement, County shall be entitled to reasonable attorney's fees set by the Court which shall not be more than 15 percent of any amount recovered by County from Contractor. C. Either party may terminate this agreement by giving to the other party hereto a written notice of its intention to terminate this agreement. This agreement shall be considered terminated upon the date set forth for termination of the agreement which shall be not less than 90 days from the service and delivery of the notice. The parties hereto may agree to an earlier date of termination of the agreement. Contract may be terminated because of circumstances beyond control of Contractor;such as war,strike,riot and/or natural disaster. VI. SPECIAL PROVISIONS: A.It is understood and agreed between the Contractor and the County that the payment of compensation specified in this agreement,its continuation or any renewal or extension thereof,is dependent upon and subject to the allocation or appropriation of necessary funds to the County by the Federal Government and the State of_North Carolina_ for the purposes set forth in this agreement. Contract is valid only upon receipt of approval from the appropriate District Office of North Carolina Department of Social Services and the North Carolina Department of Social Services. B. Changes in the scope of the services of the Contractor to be performed under this agreement including but not limited to renewal or extensions shall be incorporated in written amendments to this agreement. C. Neither this agreement nor any part hereof which involves the specialized skill or expertise of the Contractor shall be assigned,subcontracted,or in any way transferred without the prior approval of the Contract Administrator (project coordinator)and the State of North Carolina D.The authorized County official,David Cannell,is designated as the Contract Administrator(project coordinator)for the County with responsibility for all matters relating to this agreement including but not limited xr invoice approval. However,any CHANGES in the scope of the agreement which will increase or decrease the Contractor's compensation shall not be effective until they have been approved by the Contract Administrator and documented through a written amendment to this agreement. E. Contractor shall comply with all provisions of Executive Order 11246,entitled"Equal Employment Opportunity", as amended by Executive Order 11375,and as supplemented in Department of Labor regulations(41 CFR Part 60). F. County Officials,State Officials,Contract Coordinator,the Federal Grantor Agency,the Comptroller General of the United States,or any of their duly authorized representatives shall have access to any books,documents, papers and records which are in any way pertinent to this agreement for the purpose of making audit explanation, excerpts,and transcriptions. Contractor shall maintain all required records for three years after the County makes final payments and all pending matters are closed. Contractor assures the County that the County,with other officials and agencies mentioned in this item(F),Section VI,of this agreement,shall have access to any and all books,documents,papers,and records of the Contractor for the purpose of audit,examination,excerpts,and transcriptions.