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Public Assistance Grant Agreement Page 18 of 21 Kittitas County, D20-189
<br />a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR
<br />Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards
<br />until the audit is conducted and submitted; or termination of the federal award.
<br />A.34 SUBRECIPIENT NOT EMPLOYEE
<br />The parties intend that an independent contractor relationship will be created by this Agreement. The
<br />SUBRECIPIENT, and/or employees or agents performing under this Agreement are not employees or
<br />agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented
<br />as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by
<br />reason of this Agreement, nor will the SUBRECIPIENT make any claim, demand, or application to or for
<br />any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of
<br />Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation
<br />coverage, unemployment insurance benefits, social security benefits, retirement membership or credit,
<br />or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW.
<br />It is understood that if the SUBRECIPIENT is another state department, state agency, state university,
<br />state college, state community college, state board, or state commission, that the officers and
<br />employees are employed by the State of Washington in their own right and not by reason of this
<br />Agreement.
<br />A.35 TAXES, FEES AND LICENSES
<br />Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and
<br />maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit
<br />charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or
<br />regulation that are applicable to Agreement performance.
<br />A.36 TERMINATION FOR CONVENIENCE
<br />Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement
<br />by providing written notice of such termination to the DEPARTMENTs Key Personnel identified in the
<br />Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date.
<br />Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the
<br />best interests of the State of Washington, may terminate this Agreement in whole or in part by providing
<br />ten (10) calendar days written notice, beginning on the second day after mailing to the
<br />SUBRECIPIENT. Upon notice of termination for convenience, the DEPARTMENT reserves the right to
<br />suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from
<br />incurring additional obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable
<br />for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in
<br />this section shall not be exclusive and are in addition to any other rights and remedies provided by law.
<br />A.37 TERMINATION OR SUSPENSION FOR CAUSE
<br />In the event the DEPARMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill
<br />in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition
<br />so as to endanger performance hereunder, is in violation of any laws or regulations that render the
<br />SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants,
<br />agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend
<br />or terminate this Agreement in whole or in part.
<br />The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and
<br />provide a period of time in which to cure. The DEPARTMENT is not required to allow the
<br />SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the
<br />DEPARTMENT’s discretion. Any time allowed for cure shall not diminish or eliminate the
<br />SUBRECIPIENT’s liability for damages or otherwise affect any other remedies available to the
<br />DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure, the
<br />DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action. If the
<br />corrective action is not taken within ten (10) calendar days or as otherwise specified by the
<br />DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the
<br />Agreement may be terminated in whole or in part.
<br />The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further
<br />payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds during
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