|
DOH CONTRACT #: CLH31015
<br />31. Subrecipient
<br />For those activities designated as "subrecipient" in Exhibit A, Statements of Work, the LHJ must comply with applicablefederal requirements, including but not limited to oMB's tiniform Guidance at i cFR 200, subparts o ltost FederalAward Requirements), E (Cost Principles) and F (Audit Requirements), and program ,p""ifi. federal regulations. Ifthe LHJ expends $500,000 or more in federal awards from all sources, ii is respons-ible foi obtaining upprof,.iut. audits.If the LHJ expends $750,000 or more in federal grants or awards from all .ou.""r, it is responsible for obtaining therequired single audit.
<br />32. Survivability
<br />The terms and conditions contained in this Contract, which by their sense and context are intended to survive theexpiration ofthe Contract, shall survive. Surviving terms include, but are not limited to: Access to Records, ConfidentialInfbrmation, Disputes, Responsibility for Actioni, Maintenance of Records, ownership of Material/Rights in Data,Subcontracts, Termination for Convenience, Termination for Default, and Termination procedure.
<br />33. Term
<br />This Contract will be_in effect following execution by the parties from January 1,2022 through December 3l, ZOZ4,unless terminated earlier as provided herein.
<br />34. Termination for Convenience
<br />Except as otherwise provided in this Contract, either pany may terminate or suspend this Contract, or any programhereunder, for convenience by providing at least thirry t30i days' advance written notice to the other pzrty. '
<br />If DOH elects to suspend the Contract, in whole or in part, LHJ shall stop work as of the effective date ofDoH,s writtennotice of suspensio-n. During suspension, each Party will reasonably notify the other of any conditions that may affectrezumption of performance. Upon DoH's written notice to r"rrrmi performance, LHJ shall resume work unless theLHJ provides notice to DOH that services cannot be resumed. If LilJ cannot resume performance, the Contract oraffected Exhibit A, Statement of Work, will be deemed terminated upon the date the LHJ received notice to suspendperformance.
<br />35. Termination for Default
<br />(a) In the event of a default by either party under this Contract, the nondefaulting party may give written notice to thedefaulting parfy that it intends to terminate this Contract, or any program trer"rinaer, ifthe default is not cured withinthirty (30) days of the date ofthe notice, or such longer period ofii.i as may be reasonable under the circumstances.If the default is not cured within that time, the nondefiulting party may then notiry the defaulting party in writingthat this Conhact is terminated. In the event of such termination, the nondefaulting party shall have all rights andremedies available to it under general law.
<br />(b) A disputed termination for default is expressly subject to the Disputes section of this Contract.
<br />36. Termination Procedure
<br />Upon termination DoH may require the LHJ to deliver to DOH any non-LHJ-owned equipme nt, data,or other propertyspecifically produced or acquired for the performance of such part of this Contract as tras'uee' ie.riti"rrJ.
<br />- -
<br />DoH shall pay to t!.^LHl tle agreed upon price, if separately stated, for completed work and services accepted byDoH' In addition DoH shall pay the amount determinio by DoH's contracting oflicer for (a) completed work andservices for which no separate price is stated, (b)_ partially completed work and sErvices, (c) otirer proierty or servicesyhich are accepted by DoH, and (d) the protection and preservation of the property. Disagreement by ttt. LHJ withthe determination of DOH's Contracting Officer that reiates to the obligationr o.'u111ounts due to the LHJ shall beconsidered a dispute,within the meaning of the "Disputes" clause of this Contract. DOH may withhold from anyamounts due the LHJ for such completed work or lervices such sum as DoH's Contracting Officer reasonablydetermines to be necessary to protect DoH against potential loss or liability. The rights and remed]ies of DoH providedin this section shall not be exclusive and arein addition to any other rights ana rem"edies provided by law or under thisContract.
<br />2022-2024 Consolidated Contract Page 9 of 16
|