Laserfiche WebLink
The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and are <br />in addition to any other rights and remedies provided by law. <br />After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing, <br />the 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 sub -contracts for materials services, supplies, equipment and/or <br />facilities in relation to this Agreement except as may be necessary for completion of such portion <br />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 />sub -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 sub- <br />contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT <br />may require, which approval or ratification shall be final for all the purposes of 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 protection <br />and preservation of the property related to this Agreement which is in the possession of the <br />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 to <br />assure that minority firms, women's business enterprises, and labor surplus area firms are used when <br />possible and will take all necessary affirmative steps to utilize business firms that are certified as minority - <br />owned and/or women -owned in carrying out the purposes of this Agreement. The following steps are <br />required by the SUBRECIPIENT if any contracts with contractors or sub -contractors are entered into <br />under the original contract award: <br />a. Placing qualified small and minority businesses and women's business enterprises on solicitation <br />lists; <br />b. Assuring that small and minority businesses, and women's business enterprises are solicited <br />whenever they are potential sources; <br />Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit <br />maximum participation by small and minority businesses, and women's business enterprises <br />Establishing delivery schedules, where the requirement permits, which encourage participation <br />by small and minority businesses, and women's business enterprises, and <br />e. Using the services and assistance, as appropriate, of such organizations as the Small Business <br />Administration and the Minority Business Development Agency of the Department of Commerce. <br />The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the <br />State of Washington MWBE goals, as identified in. WAC 326-30-041. <br />A.40 VENUE <br />This Agreement shall be construed and enforced in accordance with and the validity and performance <br />shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising <br />out of this Agreement shall be the Superior Court of Thurston County, Washington. The SUBRECIPIENT, <br />by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. <br />A.41 WAIVERS <br />No conditions or provisions of this Agreement can be waived unless approved in advance by the <br />DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision <br />of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any <br />performance during such breach, shall not constitute a waiver of any right under this Agreement. <br />c. <br />Mitigation Project Grant Agreement — REV 8/8/23 Page 23 of 30 City of Everett, D25-042-Revised <br />