PARKS, RECREATION AND COMMUNITY SERVICES AGENCY (2)

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(c) Familiarity With Services Required. By executing this Agreement, STJBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered :how the services should be performed, and (ill) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict, To the best of SUBRECIPIENT'S knowledge, SUBREC1PIENT'S execution, deliveryand performance of its obi under thin Agreement will not constitute a default or a `breach under any contract, agreement or order to which SUBRECTI'TNNT' ig a party of by which it is bound. (e) No Bankeuptcy. SVBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (fl No Pending Legal Proceediggs, SUBRECIPINNTis not the subject of a current Orr threatened litigation that would or may materially affect SUBRECIPIENT'. perfarrianne under this Agreement: (g) Application Veracity,. All provisions of and information Provided in SUBRFC*MI�TaS application for funning submitted to City including any exhibits are ,true and correct in all material' Tespects.. - _.. (h) No Pending Investigation, SI BILECIPIEN`I' is not aware that it is the subject of any current or threatened critrtinal of civil ac$ion investigation by any public agency, including without limitation a police agency or prosecuting authority, that =would relate to alf•net performance of the Agreement Hof provision of services hereunder, u,�uuTcu cu , lne amount granted to SUBRECIPMM is $350,000 CCDW PUNT IS" ), for fie term'of July ], 2020 through June 3o, 2022 for Madison Park Restroom Repla0ruent I'roj ect, Such Rinds shall be expended by SUBRNCB'IENT on or before June 30 2022. The Term of this Agreementnnay be extended by a writing executed by the City fvlanager, or his ar her designee, and the CityAttomey. The Cibijo FUNDS shall be disbursed byCITY to Si1BRhGPMNT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the oval f 4 c of the condition precedent of submittal .of complete repotting information due on or before July 15 of the applicable funding year, as hereinafter more- fully set forth. SUBRECIPIENr shall be obligated to perform:such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to; indemnification, audits, reporting, data retention/reporting, and accounting, Failure to provide any of the requtred documentation and reporting cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT: C. Use of Funds. SUBRECIPIENT agrees to use all federal fiords provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated heroin. SUlBRECIPIENT"S failure to perfortn as required may, in addition to other remedies set forth in this Agreement, result hi readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder, 2