Res-2021-094 - Laserfiche WebLink

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11. REC_APTURE ln the event that the Grantee fails to perform this Grant ln accordance with state laws, federal laws, and/or the prcvisions of this Grant, COMMERCE reserues the right to recapture funds in an amount to compensate COMMERCE for the noncompliance ln addition to any other remedies available et law or in equily. Repayment by the Grantee of funds under this recapture provision shall occur wilhin lhe time period specified by COMMERGE. ln the alternative, COMMERCE may recapture such funds from payments due under this Grantee. 12.R_Ege!RO-s__UAtN_rEN-A!!e-E The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirec.t costs of any nature expended in lhe performance of this Grantee. The Grantee shall retain such records for a period of six (6) years following the date ol final payment. At no additional cosl, these records, including materials generated under the Grant, shall be du6lect at all reasonable times-to lnspeclion, review or audit by COMMERCE, personnel duly authorizlO ny COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by lav'a regulalion or agreement. If any litigation, claim or audlt is started before the expiration of lhe six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the recordi have been resolved. {3.gA-vlXG-S ln lhe event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the "Termination for Convenience" clause, without the ten tabnbar day nolice requirement, ln lieu of terminatlon, the Grant may be amended to reflect the new fundin! limitations and condiiions. 14- SEVEBABILIIY The provisions of this Grant are intended to be severable. lf any term or provislon is lllegal or invalid for any reason whatsoever, such illegality or lnvalidity shall not affect the validity of tho remainder of the Grant. I 5. S ljgg BAN fl N G/S_u BQ-o, NT RA9T! N q The Grantee may only subcontract work contemplated under this Grant if lt obtains the prlor written approvalof COMMERCE. lf COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to s_qcolqqding, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may; (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontraoting wilh a particutar person or entity; oi (c) require the Grantee to rescind or amend a subcontract Every subcontract shall bind the Subgrantee lo follow all applicable terms of this Grant. The Grantee is responslble to COMMERCE if lhe Subgrantee fails to comply with any applicable term or condition of this Grant. The Gnanlee shall appropriatoly monltor the activities of ine bubgrantee to assure fiscat conditions of this grant. ln no event shall lhe exlstence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the pedormance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the Strate of Washington are not liable for claims or damages arislng fom a subgrantee's perlormance of the subcontract. GENERAL TERMS AND GONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS Stale of Waehlngton Deparlmenl of Commoroe Contract Page 028 lnteragency Grant Agr€ement Page I