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City of La Porte Police Department <br />STEP Comprehensive 2020 <br />B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to <br />protect, indemnify, and save harmless the Department from and against all claims, demands, and <br />causes of action of every kind and character brought by any employee of the Subgrantee against the <br />Department due to personal injuries to or death of any employee resulting from any alleged negligent <br />act, by either commission or omission on the part of the Subgrantee. <br />C_ If the Subgrantee is a government entity, both parties to this agreement agree that no party is an <br />agent, servant, or employee of the other party and each party agrees it is responsible for its individual <br />acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and <br />agents. <br />ARTICLE 10. DISPUTES AND REMEDIES <br />This agreement supersedes any prior oral or written agreements. If a conflict arises between this <br />agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee <br />shall be responsible for the settlement of ail contractual and administrative issues arising out of <br />procurement made by the Subgrantee in support of work under this agreement. Disputes concerning <br />performance or payment shall be submitted to the Department for settlement, with the Executive <br />Director or his or her designee acting as final referee. <br />ARTICLE 11. TERMINATION <br />A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all <br />services and obligations described in this agreement and these have been accepted by the <br />Department, unless_ <br />1. This agreement is terminated in writing with the mutual consent of both parties; or <br />2. There is a written thirty (30) day notice by either party, or <br />3_ The Department determines that the performance of the project is not in the best interest of the <br />Department and informs the Subgrantee that the project is terminated immediately. <br />B. The Department shall compensate the Subgrantee for only those eligible expenses incurred <br />during the Grant Period specified in this Grant Agreement that are directly attributable to the <br />completed portion of the work covered by this agreement, provided that the work has been <br />completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not <br />incur nor be reimbursed for any new obligations after the effective date of termination. <br />ARTICLE 12. INSPECTION OF WORK <br />A. The Department and, when federal funds are involved, the USDOT, or any of their authorized <br />representatives, have the right at all reasonable times to inspect or otherwise evaluate the work <br />performed or being performed under this agreement and the premises in which it is being performed. <br />B_ If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the <br />Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and <br />assistance for the safety and convenience of the inspectors in the performance of their duties_ All <br />inspections and evaluations shall be performed in a manner that will not unduly delay the work. <br />2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 8 of 30 <br />