Orange County NC Website
In the case of the Contractor not being in compliance as to over or under expenditure of cost <br />categories, participant ineligibility, and when adjustments to the WIOA Plan can be made to <br />correct noncompliance (i.e., cost category expenditures, participant ineligibility, plan versus <br />performance) the LA will adhere to corrective actions and follow up according to OMB <br />Super Circular 2 CFR Part 200 according to WIOA. The Contractor will be allowed <br />fourteen (14) days to enforce corrective actions and submit said copy of corrective action to <br />the LA. <br />The Contractor shall repay the LA from nonfederal funds any amounts expended under this <br />Contract by it or by its subcontracts; by Contractors that are determined to be unallowable <br />by the LA, the State or the USDOL. This liability exists without regard to the fault of the <br />Contractor in incurring disallowed costs. The Contractor shall be responsible for <br />establishing that expenditures were made for allowable costs. <br />Endorsements on negotiable instruments repaying a portion of questioned costs will not <br />constitute release from repayment of additional disallowed costs. <br />If permitted by the USDOL or the State, the LA may also, in its discretion, effect recovery <br />of disallowed costs or wrongful retained funds by withholding payments and/or <br />reimbursement due, under this Contract or under any contract between the Contractor and <br />the LA, by requiring the Contractor to conduct allowable activities under the Act without <br />federal funding, by a combination of the sanctions listed above or by such other methods of <br />recoupment that may serve the purposes of the Act. <br />28. WAIVER OF CLAIMS /AGREEMENTS: <br />The Contractor waives any and all claims arising out of this Contract against the State and <br />the LA and/or the RPWDB. The Contractor acknowledges that the State, the LA and/or the <br />RPWDB has no, and accepts no, liability with respect to any activity conducted under this <br />Contract for bodily injury, illness or other damages or losses to employees, participants, <br />third parties or property. The Contractor agrees to protect, defend, indemnify and hold the <br />foregoing parties harmless, from any claims for liability arising out of the performance of <br />this Agreement; and the Contractor waives all claims against the State and /or the LA and <br />agrees to hold the State and/or LA harmless on any claims against the State and/or LA based <br />on ownership by the State or LA of property that is in the control of the Contractor or its <br />subcontractor(s). <br />This Agreement shall not affect the enforceability of any other written agreement between <br />the parties. <br />29. ASSURANCE AND CERTIFICATIONS: <br />A. General Assurances: <br />The Contractor assures that it will fully comply with the requirements of the WIOA, <br />Public Law 113 -128 and all Federal Regulations issued pursuant to the Act, with the <br />Governor's Coordination and the WIOA Plan approved by the RPWDB, the Chief <br />Elected Official and Division of Workforce Solutions (DWS). <br />Regional Partnership Workforce Development Board <br />(Rev. 6/7/17) Page 13 <br />