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(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end <br />date of the period of performance, all financial, performance, and other reports as required by the terms <br />and conditions of this Agreement; <br />(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that the <br />CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in <br />other projects (See OMB Circular A-129 and 2 CFR §200.345); and, <br />(3) CITY should complete all closeout actions for the Federal award no later than one <br />year after receipt and acceptance of all required final reports. <br />II. SUBRECIPIENT'S OBLIGATIONS <br />A. Representations and Warranties. <br />(1) Authority. SUBRECIPIENT is a duly organized and existing 501(c)(3) non-profit <br />corporation in good standing and authorized to do business under the laws of the State of California. <br />SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to <br />undertake all obligations as provided herein and the execution, performance and delivery of this <br />Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of <br />SUBRECIPIENT. <br />(2) Experience. SUBRECIPIENT is qualified to provide the administrator services for <br />said program detailed herein. <br />(3) Familiarity With Services Required. By executing this Agreement, <br />SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator <br />services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully <br />considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties <br />and restrictions attending performance of the services under this Agreement. <br />(4) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S <br />execution, delivery and performance of its obligations under this Agreement will not constitute a default <br />or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is <br />bound. <br />(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened <br />bankruptcy proceeding. <br />(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or <br />threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this <br />Agreement. <br />(7) Proposal Veracity. All provisions of and information provided in <br />SUBRECIPIENT's management proposal submitted to CITY, including any exhibits, are hue and correct <br />in all material respects. <br />(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject <br />of any current or threatened criminal or civil action investigation by any public agency, including without <br />