Large Projects; Impact on Trust Funds Sample Clauses

Large Projects; Impact on Trust Funds. In consideration of the potential large financial impact major floor covering projects can have on the stability and income or loss to the various trust funds, in the event any Employer signatory to this Agreement obtains an agreement for the installation of floor covering that is in excess of $500,000 inclusive of materials and/or labor covered by this Agreement, the Employer shall report this project to the Trust Fund Administrative Office who shall refer the matter to the Administrative Committee for review. The Administrative Committee may refer the matter to the full Board of Trustees who may require a project payroll audit at approximately midway through the project and sixty (60) days after completion of the project. The Employer has the burden of notifying the Trust Fund Administrative Office within ten (10) days of the successful award of such contracts, including the approximate number of anticipated hours to be worked on the project, as well as advanced notice of the likely start, midway and completion dates of the project. The Employer must also notify the Trust Fund Administrative Office of the actual start date of the project within thirty (30) days of such date and the completion date of the project within sixty (60) days of such date. For the purposes of this Section, “completion” shall be defined as the performance of all or substantially all of the scope of work on the project, including punch list items but not including warranty work, regardless of whether final payment was received for all such work performed. Non-compliance with such notice requirements shall be determined by the Joint Industry Committee as constituted under Article 30 of this Agreement. If the Board of Trustees determines a project payroll audit is warranted, it shall have the option of authorizing the Trust Fund Administrative Office to conduct such audit, or engaging a third party CPA firm to conduct such audit. In either case, the Trust Fund Administrative Office shall be privy to the full details of such audit and shall provide the Board of Trustees with a general summary of the results of such audit upon completion. In the event discrepancies in excess of 10% of the total contributions paid or to be paid to any one fund for that project are discovered by the audit then the Employer shall be liable for all costs of the audit. If discoverable amounts are less than those specified above then the costs of the audit shall be borne by the Fund.
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