Laserfiche WebLink
process, mailing, advertising and other associated staff time. The rights and remedies of the County <br /> provided for in this section shall not be exclusive and are in addition to any other rights and remedies <br /> provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) <br /> failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be <br /> deemed to be a "Termination for Convenience". <br /> A.33 TERMINATION PROCEDURES <br /> In addition to the procedures set forth below, if the County terminates this Agreement, the Subrecipient <br /> shall follow any procedures specified in the termination notice. Upon termination of this Agreement and <br /> in addition to any other rights provided in this Agreement, the County may require the Subrecipient to <br /> deliver to the County any property specifically produced or acquired for the performance of such part of <br /> this Agreement as has been terminated. <br /> If the termination is for convenience, the County shall pay to the Subrecipient as an agreed upon price, <br /> if separately stated, for properly authorized and completed work and services rendered or goods <br /> delivered to and accepted by the County prior to the effective date of Grant Agreement termination, the <br /> amount agreed upon by the Subrecipient and the County for (i) completed work and services and/or <br /> equipment or supplies provided for which no separate price is stated, (ii) partially completed work and <br /> services and/or equipment or supplies provided which are accepted by the County, (iii) other work, <br /> services and/or equipment or supplies which are accepted by the County, and (iv) the protection and <br /> preservation of property. <br /> Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this <br /> Agreement. If the termination is for cause, the County shall determine the extent of the liability of the <br /> County. The County shall have no other obligation to the Subrecipient for termination. The County may <br /> withhold from any amounts due the Subrecipient such sum as the County determines to be necessary to <br /> protect the County against potential loss or liability. The rights and remedies of the County provided in <br /> this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by <br /> law. <br /> After receipt of a notice of termination, and except as otherwise directed by the County in writing, the <br /> 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 facilities <br /> in relation to this Agreement except as may be necessary for completion of such portion of the work <br /> under the Agreement as is not terminated; <br /> c. Assign to the County, in the manner, at the times, and to the extent directed by the County, all of the <br /> rights, title, and interest of the Subrecipient under the orders and sub-contracts so terminated, in <br /> which case the County has the right, at its discretion, to settle or pay any or all claims arising out of <br /> the termination of such orders and contracts; <br /> d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, <br /> with the approval or ratification of the County to the extent the County may require, which approval <br /> or ratification shall be final for all the purposes of this clause; <br /> e. Transfer title to the County and deliver in the manner, at the times, and to the extent directed by the <br /> County any property which, if the Agreement had been completed, would have been required to be <br /> furnished to the County; <br /> f. Complete performance of such part of the work as shall not have been terminated by the County in <br /> compliance with all contractual requirements; and <br /> g. Take such action as may be necessary, or as the County may require, for the protection and <br /> preservation of the property related to this Agreement which is in the possession of the Subrecipient <br /> and in which the County has or may acquire an interest. <br /> A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) <br /> The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or <br /> women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization <br /> standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified <br /> in WAC 326-30-041. <br /> - 19- <br />