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<br />ARTICLE 12. <br /> <br />TERMINATION <br /> <br />A. This Grant Agreement may be terminated at any time by the Board, at its option, <br />where it appears that there will be lack of grant funds available to fulfill this Grant <br />Agreement, provided that after such termination, the Grantee shall be entitled to an <br />amount which equals the eligible project costs which have been incurred by the <br />Grantee prior to such termination. <br /> <br />B. This Grant Agreement may be terminated after the award of the Grant Agreement but <br />prior to completion of the project, by the Board, upon action or inaction by the Grantee <br />which constitutes a material and substantial breach of this Grant Agreement. Such <br />action or inaction by the Grantee includes but is not limited to: <br /> <br />1. Substantial alteration of the scope of the grant project without the prior written <br />approval of the Board; <br /> <br />2. Refusal or inability to complete the grant project in a manner consistent with the <br />grant application or approved modifications; <br /> <br />3. Failure to provide the required local match share of the total project costs; <br /> <br />4. Failure to meet prescribed assurances, commitments, Grant Agreement, record <br />accounting and auditing, and reporting requirements. <br /> <br />In the event of termination, Grantee shall, upon notification, refund to the Board an <br />amount up to all grant funds previously disbursed to the Grantee. <br /> <br />C. Prior to terminating any Grant Agreement under this provision, the Board shall provide <br />the Grantee at least 30 days written notice, stating the reason(s) for termination and <br />effective date thereof. The Grantee may appeal the termination decision in <br />accordance with Article 13. <br /> <br />D. Nothing in this Article in any way alters or limits the authority of the Board to withhold <br />grant funds in accordance with Article 10. <br /> <br />ARTICLE 13. <br /> <br />DISPUTES <br /> <br />A Grantee may appeal a Board staff decision on the basis of alleged misapplication, capricious <br />interpretation of the regulations, policies and procedures, or substantial differences of opinion <br />that may occur concerning the proper application of regulations, policies or procedures. <br /> <br />If a Grantee is dissatisfied with an action of the Board Field Representative, the Grantee may <br />appeal the cause of the dissatisfaction to the Deputy Director in. charge of the Corrections <br />Planning and Programs Division of the Board. Such appeals shall be filed within 30 calendar <br />days of the notification of action with which the Grantee is dissatisfied. <br /> <br />The appeal shall be in writing, and: <br /> <br />Grantee: City of Santa Ana <br /> <br />10 of 11 <br /> <br />Exhibit A, Grant Agreement BDG #333-04 <br />