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City of La Porte <br />STEP- Single Year - 2013 Comprehensive <br />Preference for funding will be given to those projects for which the Subgrantee has <br />assumed some cost sharing, those which propose to assume the largest percentage <br />of subsequent project costs, and those which have demonstrated performance that <br />is acceptable to the Department. <br />ARTICLE 4. LIMITATION OF LIABILITY <br />Payment of costs incurred under this agreement is contingent upon the availability of <br />funds. If at any time during this Grant Period, the Department determines that there is <br />insufficient funding to continue the project, the Department shall notify the Subgrantee, <br />giving notice of intent to terminate this agreement, as specified in Article 11 of this <br />agreement. If at the end of a federal fiscal year, the Department determines that there is <br />sufficient funding and performance to continue the project, the Department may notify <br />the Subgrantee to continue this agreement. <br />ARTICLE 5. AMENDMENTS <br />This agreement may be amended prior to its expiration by mutual written consent of <br />both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment <br />must be executed by the parties within the Grant Period, as specified in this Grant <br />Agreement. <br />ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK <br />A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of <br />this agreement and constitutes additional work, the Subgrantee shall promptly notify <br />the Department in writing through eGrants. if the Department finds that such work <br />does constitute additional work, the Department shall advise the Subgrantee and a <br />written amendment to this agreement will be executed according to Article 5, <br />Amendments, to provide compensation for doing this work on the same basis as the <br />original work. If performance of the additional work will cause the maximum amount <br />payable to be exceeded, the work will not be performed before a written grant <br />amendment is executed. <br />B. if the Subgrantee has submitted work in accordance with the terms of this <br />agreement but the Department requests changes to the completed work or parts of <br />the work which involve changes to the original scope of services or character of work <br />under this agreement, the Subgrantee shall make those revisions as requested and <br />directed by the Department. This will be considered as additional work and will be <br />paid for as specified in this Article. <br />C. If the Subgrantee submits work that does not comply with the terms of this <br />agreement, the Department shall instruct the Subgrantee to make any revisions that <br />are necessary to bring the work into compliance with this agreement. No additional <br />compensation shall be paid for this work. <br />2013-LaPorte-S-1YG-0019 Printed On: 8I8I2012 Page 7 of 39 <br />