EP 1130-2-500
27 Dec 96
(2) All work for payments requested by the State must be certified by the Contracting
Officer to have been performed in accordance with this Agreement before the Government shall
approve the request for payment.
c. Upon completion of the
Work Plan and resolution of all relevant contract claims
and appeals, the Government shall compute the total
Work Plan costs and tender to the
State a final accounting of Program costs. In the event that the total reimbursement by the
Government to the State results in the State contributing less than the required share of total
program costs at the time of final accounting, the State shall, within 90 calendar days after receipt
of written notice, make a cash payment to the Government of whatever sum is required to meet
their share of total Program costs. In the event the State is determined at the final accounting to
have provided more than 50 percent of the total Program costs, the Government shall, subject to
the availability of appropriations, refund the excess to the State within 90 calendar days of the
final accounting.
ARTICLE VII - DISPUTES
Before any party to this Agreement may bring suit in any court concerning an issue
relating to this Agreement, such party must first seek in good faith to resolve the issue through
negotiation or other forms of non-binding dispute resolution mutually acceptable to the parties.
ARTICLE VIII - RELEASE OF CLAIMS
The State shall hold and save the Government free from all damages arising from the Total
Annual Operation Program, except for damages due to the fault or negligence of the Government
or its contractors.
ARTICLE IX - MAINTENANCE OF RECORDS
The Government and the State shall maintain books, records, documents, and other
evidence pertaining to hours of equipment operation and costs and expenses as will properly
reflect all net costs, direct and indirect, of labor, materials, equipment, supplies, and services and
other costs and expenses of whatever nature involved therein. The Government and the State
shall maintain such books, records, documents, and other evidence for a minimum of three years
after completion of the control program and resolution of all claims arising therefrom, and shall
make available at their offices at reasonable times, such books, records, documents, and other
evidence for inspection and audit by authorized representatives of the parties to this Agreement.
ARTICLE X - FEDERAL AND STATE LAWS
In acting under its rights and obligations hereunder, the State agrees to comply with all
applicable Federal and state laws and regulations, including section 601 of Title VI of the Civil
Rights Act of 1964 (PL 88-352) and Department of Defense Directive 5500.II issued pursuant
thereto and published in Part 300 of Title 32, Code of Federal Regulations, as well as Army
Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and
Activities Assisted or Conducted by the Department of the Army."
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