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AG 2001 06 18
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AG 2001 06 18
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Last modified
3/25/2002 4:52:44 PM
Creation date
11/27/2017 11:45:41 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/18/2001
Board
Board of Commissioners
Meeting Type
Regular
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PART II (of :3 Parts) <br /> <br />Terms and Conditions Governing Contracts <br />between a Subgrantee and Subcontractor for <br />Professional or Technical Services <br /> <br />In addition to any conditions specified in Part I, this Contract is subject to all of the conditions listed <br />betow. Waiver of any of these conditions must be upon the express written approval of an <br />authorized representative of the Department of Commerce and such waiver shall be made a part of <br />this Contract. <br /> <br />1. Termination of Contract. If, through any cause, the Subcontractor shall fail to fulfill in a timely <br />.and proper manner his obligation under this contract, or if the Subcontractor shall violate any of the <br />covenants, agreements or stipulations of this Contract, or if the grant under which this Contract is <br />made is terminated by DOE, the Subgrantee shall thereupon have the dght to terminate this <br />contract by giving written notice to the Subcontractor'of such termihation and specifying the <br />effective date thereof. If the Subcontractor is unable or unwilling to ~omply with such additional <br />conditions as may be lawfully imposed by DOE on the grant or contract under which the <br />Subgrantee is performing the program to which these professional sen/ices are being rendered, the <br />Subcontractor shall have the right to terminate the Contract by giving written notice to the <br />Subgrantee, signifying the effective date thereof. In the event of the termination all property and <br />finished or unfinished documents, data, studies, and reports purchased or prepared by the <br />Subcontractor under this Contract shall, at the option of the Subgrantee, become its property and <br />the Subcontractor shall be entitled to compensation for any unreimbursed expenses necessarily <br />incurred in satisfactory performance of the Contract. Notwithstanding the above, the Subcontractor <br />shall not be relieved of liability to the Subgrantee for damages sustained by the Subgrantee by <br />virtue of any breach of Contracts executed under this, cjrant program by the Subcontractor, and <br />the Subgrantee may withhold any reimbursement to the Subcontractor for the purpose of set-off <br />a~ainst this and/or prior contracts executed under this ~rant program until such time as the <br />exact amount of damages due the Subgrantee from the Subcontractor is agreed upon or otherwise <br />determined. <br /> <br />2. Changes. The Subgrantee may, from time to time, request changes in the scope of the services <br />of the Subcontractor to be performed hereunder. Such changes, including any increase or <br />decrease in the amount of the Subcontractor's compensation, which are mutually agreed upon by <br />and between the Subgrantee and the Subcontractor, must be incorporated in written amendments <br />to this Contract. <br /> <br />3. Travel Expenses. If the Subcontractor is to be reimbursed for travel expenses, and (1) if the <br />Subcontractor is a public agency, expenses charged for travel shall not exceed those allowable <br />under the customary practice in the government of which the agency is a part;, or (2) if the <br />Subcontractor is a private agency, expenses charged for travel shall not exceed those which would <br />be allowed under the rules of the United States Govemment governing official travel by its <br />employees. In any event, per diem other than mileage, for activities within a50 mile radius of the <br />Subcontractor is not allowable unless prior written approval is received from the Subgrantee. <br /> <br /> <br />
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