FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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EXHIBIT 1 XIII. FRAUD SUBRECIPIENT shall immediately repots to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of hinds under this Agreement. XIV. CONTINGENCY OF FLNDS SUBRECIPIENT acknowledges that approval of and huiding for this Agreement is contingent upon State approval, and £wads received or obligated from the State of California to CITY. If such approval of fiords is not forthcoming, or is otherwise limited, CITY shall immediately notify SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or cease operations its directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either patty at its sole discretion, upon thirty (30) days written notice to the other patty. 'Notice shall be deemed served on the date of mailing. However, SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any participant. H. In the event SUBRECIPIENT defaults by failing to fulfill all or arty of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of tennination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and thncly performed prior to the mailing or service of the notice of termination, irmd except for reimbursement of (1) any payments made for services not subsequently performed in a timely aid satisfactory manner, and (2) costs incurred by CITY in obtaining substihrte performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. The decision of the City shall he final and cortclusive unless within thirty (30) calendar days from the mailing or dclivuy of such copy, CITY receives from SUBRECIPIENT written request to appeal said decision. ProcedureS governing the appeal shall he prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final didjfR; n6)8ijthc appeal, SUBRECIPIENT shall Inf irGOrc anee With -�AActtj unless the disptrte involves a change Order. Page 14 of 17