Orange County NC Website
CONTRACT NO. H2O0075 ~ <br />CONTRACTOR covered by this agreement; for costs of work performed by subcontractors far <br />the CONTRACTOR provided that such subcontracts have been approved as provided herein; or <br />for each full day of services performed where compensation is based on each full day of <br />services performed, less payment of compensation previously made. The CONTRACTOR shall <br />repay to the DEPARTMENT any compensation he has received which is in excess of the <br />payment to which he is entitled herein.; <br />12. The parties to this contract agree and understand that the payment of the <br />sums specified in this contract is dependent and contingent upon and subject to the <br />appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT. <br />13. The CONTRACTOR agrees to indemnify and save harmless the State of <br />North Catalina, Department of Environment and Natural Resources, its officers. and employees <br />from claims, suits, actions, damages and cost of every name and description arising out of or <br />resulting from the performance of this contract. <br />14. Any CONTRACTOR receiving at least $15,000 but less than $100,000 in <br />state funds from the DEPARTMENT within any fiscal year is required to file with each.funding <br />state agency a sworn accounting of receipts and expenditures of state funds in the format <br />approved by the State Auditor. This accounting must be attested to by the CONTRACTOR fiscal <br />officer and ane other authorizing officer of the CONTRACTOR. This accounting must be filed <br />with each funding state agency within six months after the end of the CONTRACTOR'S <br />operating year. If the CONTRACTOR receives STATE funds of $100,000 or mare during its <br />fiscal year, it must file with the State Auditor and each funding agency its audited financial <br />statements in accordance with the standards and formats prescribed by the State Auditor in <br />Memorandum NGO-2 "Grantee Audit Reports." If the CONTRACTOR receives $300,000 or <br />more in FEDERAL awards during its fiscal year from any source, including federal funds passed <br />through the State or other grantors, it must attain a single audit or program-specific audit <br />conducted in accordance with the Federal Office of Management and Budget's Circular A-133 <br />"Audits of States, local Government and Non-Profit Organizations." If the above amounts are <br />not met by ane single funding agency, but rather any combination of funding agencies, then the <br />appropriate reports shall be sent to the Office of the State Auditor. Also, a corrective action plan <br />for any audit findings and recommendations must be submitted along with the audit report or <br />within the period specified by the applicable OMB Circular ar Memorandum. <br />15. The DEPARTMENT may, from time to time, request changes in the scope <br />of the services of the CONTRACTOR to be performed under this agreement. Such changes, <br />including any increase or decrease in the amount of the CONTRACTOR'S compensation, which <br />are mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT, shall be <br />incorporated in written amendments to this contract. <br />16. Any information, data, instruments, documents studies or reports given to <br />or prepared or assembled by the CONTRACTOR under this agreement may ~be published by the <br />CONTRACTOR or its employees, or distributed by the CONTRACTOR to any other individual ar <br />organization: Prior to entering into an agreement to publish, or prior to publishing, the k <br />CONTRACTOR or its employees shall give the DEPARTMENT a reasonable opportunity to <br />review any such proposed publication solely for the purpose ~of determining if the DEPARTMENT <br />wishes to be given~credit for its funding role in the preparation of any such information, data, <br />instruments, documents, studies, or reports. If the DEPARTMENT determines that it wishes to <br />be given credit, then CONTRACTOR, shall take all necessary steps to assure that credit is given <br />by the publisher. Otherwise, the CONTRACTOR may proceed to enter into any agreement to <br />publish, ar may publish, but shall not acknowledge any participation by the DEPARTMENT. <br />3of5 <br />