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Last modified
8/1/2018 1:01:45 PM
Creation date
8/1/2018 12:08:46 PM
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Contracts
Company Name
ILLUMINATION FOUNDATION
Contract #
A-2018-133-02
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
5/15/2018
Expiration Date
6/30/2019
Insurance Exp Date
9/15/2018
Destruction Year
2024
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have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no <br />other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY <br />and the SUBRECIPIENT. <br />XIV. AMENDMENTS OR MODIFICATIONS <br />The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or <br />purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: <br />(1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or <br />(2) Budget changes may be made among approved program activities and among approved budget categories <br />so long as the specific project activity has been approved, there is no change to the total grant amount, <br />and the changes to the budget are documented. <br />Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to <br />the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party <br />unless in writing and signed by both parties. <br />In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be <br />notified in writing and such notification shall constitute an official amendment. <br />The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this <br />AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, <br />directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this <br />AGREEMENT. <br />XV. VIOLATION OF TERMS AND CONDITIONS <br />A. Termination <br />If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this <br />AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether <br />stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere, <br />the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance <br />with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant <br />funds be returned even if the SUBRECIPIENT has expended the funds. <br />If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the <br />SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts <br />spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure <br />of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such ,funds <br />that were obtained and/or spent wider fraudulent circumstances, and the CITY reserves the right to take other <br />remedies that may be legally available. <br />The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty (30) <br />days of receipt of the written request. <br />EM <br />
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