Ammendment to FFY21 EMPG-ARPA Emergency Management Grant Agreement

Home Browse Search

4.32 4.33 4.34 TFR$|NAT|ON OR SUS The Deparlment may.unilaterally terminCte oiiuspeno alt or parl of this Grant Agreement, or may reduce its scope of work and budget,_if there is a reduc{ion in fundl by the source otinose funds, anil if suchfunds are the basis_ for this Grant Agreement. The Departn6nt will email the Subrecipibnt ten tfiilbusiness days prior to tsrmination. ln the event the Deparlment, ln its sole discretion, determines the Subrecipient has failed to fulfill in atimely and proper manner fis obligations under this Agreement, is in an unbund financial condition soas.to endanger performance hereunder, is in violation of any laws or regulailons that render thiSubrecipient unable.to perfo_rm-any asped of the_Agreement, or has violat6d any of ttre covenanis, agreements.or-stipulations of this Agreement, the Department has the right to immbdiatety suspenO oiterminate this Agreement in whole or in parl. The Deparlment may. notify the S_ubrecipient in writing of the need to take conec{ive aclion and prwide a period of time in whidr to cure. The Depaflment Q ryt required to alloriv the Subrecipient an oppbnunit' to cure if it is not feasible as determined solely within the Department's discretion. Any ftme aifiweO fcircurc shall not diminish or eliminate the Subre<;ipient's liabililyfor damages or othenrisL attect ani oifrerremedies available to.the Departqent. lf the Deparhent allows the SuSreciplent an opportunity t6 cure,the Department shall notfi the Subrecipient in writing of the need to tdfe cogec.tive ac{i6n. lf theconedive action is not taken_within ten (10) calendar days or as otherwise specifled by the Oepirfment,or if such conective adion is deemed by lhe Deparlnient to be insufficieht, the Rjreemeni may beterminaled in whole or in pad. The Depailment reserv.es the_right to suspend all or part of the Agreement, withhotd further payments,or prohibit lhe $ubrecipient from.incurring additional obligationJof tunds during investigaion ;i thdqllEed compliance b,reach, pending conective adion ty ltre Subraclpient, if a)iowed, 5i pinOtng adecision by the Department to terminate the Agreement ln wtrole or in pirt ln thE event of termination, the.subrecipient shall be liable for alt damages as authorized by law, including,but not limited to, any cost difference between the original Agreem6nt and the repa-ment or coverAgreement and all administrative costs directly ralalq b the replacement Agredment, e,g., ost ofadministering the competitive solicitation proceis, mailing, advertiiing and ohe-r associateOliaff time.Tle_lghts and remedies of the Department provided for ii ilris seaioi shall not be exclusive and are inaddition to any other rights and remedies provided by law- lf it is determined that the lu.brecipient: (1) was not in default or matedal breach, or (2) failure to perform was outside of he Subrecipient's control, fault or negfigene, the terminalion sha1'be deemed'to be aTerminatbn for Gonvenience'. TERM INATION PROCEDURES ln.addition to tlp procedures set forlh betow, if the Department terminates this Agreement, theSubrecipient shall follolv any procedures specified in the lermination notice. Upon termlnation of thisAgrqment and in addition t9 aly other dghts provided in thls Agrcement, the Department may requirethe_Subrecipielt to deliver-lo.the Departmeni.any property sp6cifically producei or acguirei f;ith;performance of such part of this Agreement as has uaen terinln'ated lf the termination ls for oonvenience, the Departnent shall pay to the Subreclpient as an agreed uponprice, if separatgly stated, for properly authorized and mmpl*eo work and ssrvices renderjd or gobaj delivered to and accepted by the Department prior to ttre ifectiva date of egreement termlnatio-n, theamount agreed upon by the Subrecipient and the Deparlment for (i) completed-wo* and services and/orequipment or supplies provldad for which ng sepgrdte pdce is stdted, (ii) partiaily completed work andservices and/or equipment or supplies plgvided i'vtrich ire accepted Uy itiri Departmentl tiiil om"i wo*,seMces and/orequipment or supplieswhicfr are accepted bythd Depaitment, ind (iv) the pioteaion andpreeervation of properly. Failure to agr_ee with sucfr amounts shall be a dispute within the meaning of the "CXsputes,'clause of lhisAgreement. lf the termination is for caus€, the Departnent shallOaermii'e the exteni of ttre tiiOitity of itri lepartment. The Department shall have no oth-er obligation to the Subreciplent for iermination. TheDepartment may wilhhold fom any amounts due the Subrecipient such'sum as the Deparfnentdetermlnes to be necessary to protect lhe Departmenl against potintial loss or liability, DHS-FEUA.EMPG-ARPAFYz 1 Page 20of34 Kittihs Gounty Sheriffs Offce EM. EZ2-2€!,