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<br />FFY18 Fire Management Assistance Grant Agreement Page 19 of 22 Kittitas, County of, D19-1004 <br />completed work and services and/or equipment or supplies provided for which no separate price is <br />stated, (ii) partially completed work and services and/or equipment or supplies provided which are <br />accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are <br />accepted by the DEPARTMENT, and (iv) the protection and preservation of property. <br />Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of <br />this Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the <br />liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the <br />SUBRECIPIENT for termination. The DEPARTMENT may withhold from any amounts due the <br />SUBRECIPIENT such sum as the DEPARTMENT determines to be necessary to protect the <br />DEPARTMENT against potential loss or liability. <br />The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and <br />are in addition to any other rights and remedies provided by law. After receipt of a notice of <br />termination, and except as otherwise directed by the DEPARTMENT in writing, the <br />SUBRECIPIENT shall: <br />a. Stop work under the Agreement on the date, and to the extent specified, in the notice; <br />b. Place no further orders or contracts for materials, services, supplies, equipment and/or <br />facilities in relation to this Agreement except as may be necessary for completion of such <br />portion of the work under the Agreement as is not terminated; <br />c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the <br />DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and <br />contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to <br />settle or pay any or all claims arising out of the termination of such orders and contracts; <br />d. Settle all outstanding liabilities and all claims arising out of such termination of orders and <br />contracts, with the approval or ratification of the DEPARTMENT to the extent the <br />DEPARTMENT may require, which approval or ratification shall be final for all the purposes of <br />this clause; <br />e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent <br />directed by the DEPATMENT any property which, if the Agreement had been completed, would <br />have been required to be furnished to the DEPARTMENT; <br />f. Complete performance of such part of the work as shall not have been terminated by the <br />DEPARTMENT in compliance with all contractual requirements; and <br />g. Take such action as may be necessary, or as the DEPARTMENT may require, for the <br />protection and preservation of the property related to this Agreement which is in the possession <br />of the SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest. <br />A.39. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) <br />The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps <br />to assure that minority firms, women's business enterprises, and labor surplus area firms are used <br />when possible will take all necessary affirmative steps to utilize business firms that are certified as <br />minority-owned and/or women-owned in carrying out the purposes of this Agreement. The following <br />steps are required by the Subrecipient if any contracts with contractors or sub-contractors are entered <br />into under the original contract award: <br />a. Placing qualified small and minority businesses and women’s business enterprises on <br />solicitation lists; <br />b. Assuring that small and minority businesses, and women’s business enterprises are solicited <br />whenever they are potential sources; <br />c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to <br />permit maximum participation by small and minority businesses, and women’s business <br />enterprises; <br />d. Establishing delivery schedules, where the requirement permits, which encourage participation <br />by small and minority businesses, and women’s business enterprises; <br />e. Using the services and assistance, as appropriate, of such organizations as the Small <br />Business Administration and the Minority Business Development Agency of the Department of <br />Commerce; and <br />