Res 1996-217 - Laserfiche WebLink

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1-3C 1:EXf\.S 1:RAFFlC Sf\.FETY PROGRAM GRANT AGREEMENT Unless exempted, all federally-funded agreements are considered to be subject to the time limit provision. Funding support for all state-funded projects will be limited to the term of the agreement. AJ.1y extension beyond that time will be negotiated on a case-by-case basis. ARTICLE 3. LThIITATION OF LIÁBILITY Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during the agreement period the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement. Such termination will be conducted in such a manner that will minimize disruption to the Sub grantee and the - Department, and as further specified in General Provision G9, Termination. The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this agreement. The Sub grantee expressly acknowledges that its responsibility includes the payment of all damages, expenses, penalties, filles, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this agreement. The Subgrantee shall defend any suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any obligation hereunder. ARTICLE 4. AGREEMENT AMENDl'rŒNTS . If at any time during the agreement period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Subgrantee determine to continue project funding. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written amendment executed by both parties. ' The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 5. ADDITIONAL WORK If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. In the event that the Department fmds that such work does constitUte additional work, the Department shall so advise the Subgrantee and provide compensation for doing this work on the same basis as the original work. If the compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. AJ.1y amendment so executed must be approved within the agreement period specified on the cover page to this Grant. ARTICLE 6. CHANGES IN WORK When the approved project description requires a. completed work product, the Department will review the work as specified in the approved project description. If the Department fmds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Article 5. Page 4 of 10 6/96