C859617 Contract

• Contract/PO #: C859617
• Contractor Name: Crook, Town of
• Contract Type: Grant
• Loan Projects - Doc Type: Contract Documents

understands and agrees that all fights, demands and claims to compens n arising under this Contract are
contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received
by the State, the State may immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving
written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days
before the effective date of such termination. In that event, all finished or unfinished documents, data, studies,
surveys,drawings, maps, models, photographs,and reports or other material prepared by the Contractor under this
Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any
payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State
from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract at any time the State determines
that the purposes of the distribution of State CDBG monies under the Contract would no longer be served by
completion of the Project. The State shall effect such termination by giving written notice of termination to the
Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such
termination. In that event, all finished or unfinished documents and other materials as described in subparagraph
b above shall,at the option of the State, become its property. If the Contract is terminated by the State as provided
herein,the Contractor will be paid an amount which bears the same ratio to the total compensation as the services
actually performed bear to the total services of the Contractor covered by this Contract, less payments of
compensation previously made: Provided, however,that if less than sixty percent(60%) of the services covered by
this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed
under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the
Contractor, Paragraph 18b hereof relative to termination shall apply.
19. Modification and Amendment.
a) Modification by Operation of law. This Contract is subject to such modifications as may be required by
changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part
of this Contract as if fully set forth herein. -
b) Programmatic or Budaetary Modifications. Contractor shall follow the revision procedures set forth in the
Financial Management Requirements if programmatic or budgetary modifications are desired:
i) The contractor must submit a written request to the Department and obtain prior written approval
from the Department under the following circumstances:
A. unless otherwise specified in the Scope of Services,when cumulative budgetary changes
exceed five (5) percent of the total contract amount or Five Thousand Dollars ($5,000),
whichever is less;
h. when any budget transfers to or between administration budgetary categories are
proposed;
g. when the scope, objective or completion date of the Project changes;
d. when additional or less State funding is needed;
g. when revisions involve the transfer of amounts budgeted for indirect costs to absorb
increases in direct costs; and
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