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75A - PH CDBG PROGRAM
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05/15/2018
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75A - PH CDBG PROGRAM
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Last modified
5/10/2018 7:58:29 PM
Creation date
5/10/2018 7:50:42 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
75A
Date
5/15/2018
Destruction Year
2023
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and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial <br />termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for <br />with the award was made, the CITY may terminate the award in its entirety. <br />E. The grant of funds under this Agreement may be terminated due to the non-performance of <br />SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or <br />failure to meet the performance standards and program goals set forth therein. <br />F. In the event this Agreement is terminated as set forth in subparagraphs XILA. through XII.E, <br />inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY'S demand and prior to any <br />adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. <br />REVERSION OF ASSETS" of this Agreement. <br />001M0161InIfCORK13940 -IR <br />The United States of America, through HUD, may in the future place programmatic or fiscal <br />limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY <br />reserves the right to revise this Agreement in order to take account of actions affecting HUD program <br />funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget <br />of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to <br />commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent <br />funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a <br />cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to <br />act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the <br />Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to <br />de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIP='s fiscal <br />accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of <br />this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention <br />to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions <br />made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it <br />received notice of such revision, provided that such amounts have been committed in good faith and are <br />otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. <br />XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT <br />This Agreement supersedes any and all other agreements, either oral or in writing, between the <br />parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the <br />covenants and agreements between the parties with respect to such employment in any manner whatsoever. <br />Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, <br />orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not <br />embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in <br />writing and signed by both CITY and SUBRECIPIENT. <br />XV. LAWS GOVERNING THIS AGREEMENT <br />This Agreement shall be governed by and construed in accordance with the laws of the State of <br />California, and all applicable federal laws and regulations. <br />14 <br />75A-68 EXHIBIT 5 <br />
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