2007/11/14 Council Agenda Packet

2007 STOP Violence Against Women Formula Grant Intergovernmental Agreement 7 Reimbursement for Contractor work performed and not otherwise paid for by the Department prior to the effective date of such termination shall be as the Departnient reasonably determines. 21. SUSPENSION OR TERMINATION FOR LACK OF PERFORMANCE In the event the Department determines the Contractor has failed to comply with the conditions of this Agreement in a timely manner, the Depar tnrent has the right to suspend or terminate this Agreement. The Department shall notify the Contractor within 10 days of its discovery of any deficiency, and of the need to take corrective action. If corrective action is not taken within 30 days, this Agreement may be terminated. The Department reserves the right to suspend all, or part of,the Agreement, and to withhold further payments, or to prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by the Department to terminate this Agreement. The rights and remedies of the Depar tment provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 22. SUSPENSION TO INVESTIGATE FRAUD,ABUSE, VIOLATION OF LAW The Department reserves the right to suspend all, or part of,this Agreement, and to withhold further payments, or to prohibit the Contractor from incurring additional obligations of funds if the Department has reason to believe that fraud, abuse, or violation of the law has occurred on the part of the Contractor in the performance of this Agreement. 23. SUSPENSION OR TERMINATION PROCEDURE Upon receipt of the notice of suspension or termination,unless otherwise directed by the Department in writing,the Contractor shall: • Stop work under the Agreement on the date, and to the extent specified, in the notice; • Place no further orders or subcontracts for materials, services, or facilities under that portion of the Agreement which has been suspended or terminated; • Complete the performance of that part of the Agreement, if any, that has not been suspended or terminated; • Take such action as may be necessary in the judgment of the Department for the protection and preservation of the property related to this Agreement which is in possession of the Contractor and in which the Department has or may acquire an interest; • Transfer title to the Department of any property with an acquisition cost of$500 or more per unit, which was purchased with funds awarded under this Agreement or any prior Agreement involving the same funding source and program purpose; • Assign to the Department, all the rights,titles, and interests of the Contractor under the orders and subcontracts, which have been terminated. The Department reserves the 3 right to settle or pay any or all claims arising out of the termination of the orders or subcontracts; and Page 9 of 18