8948-17 Authorize Agreement to Operate the Small Business Performance Grant Program

Home Browse Search

The Grantee shall submit to the County on a quarterly basis, on the first (V) day and no later than the fifteenth (15th) day following the close of the reporting period, a performance report (the "Performance Report "). The reporting period is defined as the previous quarter (the "Reporting Period "). The Performance Report must include any and all informational requirements outlined in Exhibits A, B, and C and Section 1.04 of this Agreement. Grantee's failure to meet these reporting requirements on an adequate and timely basis shall constitute a material default and may result in the termination of this Agreement by the County. The Grantee shall retain all Performance Reports and financial reports and records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. All records and reports may be scanned and stored electronically. SECTION 3.06 Default, Remedies and Termination (a) If the Grantee defaults in any material manner in the performance of the terms of this Agreement, and fails to cure such default within thirty (30) days after written notice of such default is received by Grantee, then the County shall have the right to exercise concurrently or successively any one or more of the following rights or remedies by further written notice to Grantee: (1) wholly or partially terminate this Agreement and the rights given to the Grantee in it; (2) temporarily or permanently withhold or reduce funds not yet paid to the Grantee; (3) recover funds previously paid to the Grantee; (4) wholly or partially suspend this Agreement; and /or (5) exercise any and all additional rights the County may have in law or equity. Upon the failure of Grantee to cure the material default that was the subject of the written notice the County may implement any one or combination of remedies set forth above, which remedy shall be effective five (5) days after the date Grantee has received written notice from the County of its intent to implement said remedy. (b) Either party may terminate this Agreement at any time, with our without cause, by providing the other party written notice at least sixty (60) days prior to the effective date of the termination. If the Grantee terminates this Agreement under this provision, then upon such termination the Grantee shall repay to the County any unspent Grant funds. This provision shall not prevent the County from requiring repayment of any Grant funds under another provision of this Agreement, except that voluntary termination by the Grantee shall not, by itself, constitute a material breach or default under this Agreement. (c) If the County defaults in any material manner in the performance of the terms of this Agreement, and fails to cure such default within thirty (30) days after written notice of such default is received by the County, then the Grantee shall have the right to exercise concurrently or successively any one or more of the following rights or remedies by further written notice to the County: (1) wholly or partially terminate this Agreement; (2) temporarily or permanently suspend its Program under this Agreement; (3) wholly or partially suspend the Agreement; 5of17