25A - AGMT WIOA FORMULA - Laserfiche WebLink

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EXHIBIT 2 XiII. FRAUD SUBRECIPiENT shall immediately report to CITY all instances and facts concerning possible rraLld, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIS'. CONTINGENCY OF FIENDS STMEC'1PIENT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from die State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify SUBRECIPIIM'. Within twenty (20) days of receipt of such notice, SUBRECIPiENT shall modify or cease operations as directed by CPPY and negotiate necessary modification to this Agreement and.%or reimbursement of costs incurred hcretutder. XV. TERMTKATION A. 'Phis Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, SUBRECIPIENT may not terminate this Agreerent if undue hardsbip will result to anyparticipatrt. B. In the event Si;BRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CiTY may declare a default and termination of this Agreement by written notice tb SUBRECIPM-NT, which default and tcmtination 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 befbre the effective date of termination 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 tennination thereof, including the payment of money, except for payment for approved expenses incurred for services satisflactorily and timely performed prior to the mailing or service of the notice of termination.. and except -for reimbursement of (I) any payments made for services not subsequently perPnnned in a finely and satisfactory manner; and (2) oosts incurred by Cfl'Y in obtaining substitute performance. XI%I. 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 be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from SUBRECIPILNT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and.. -'or the State of California in accordance with the Act and all corresponding regulations and 0V413 circulars. Pending final disposition of the appeal, SiBRECIPIENT shall act in accoMance with CITY's dcxisiorr unless the dispute involves a change order. 25A-121 Pago 14 of 17