FULL AGENDA PACKET_2021-05-04 - Laserfiche WebLink

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EXHIBIT 1 with respect to the use of tlne CITY's FSG Funds by the SUBRECIPIENT and contains all the covenanu and agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each patty to this AGREEMENT aclmowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and the SIJBRI VIPIENT. XIV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program flutds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1 ) The SUBRFCIPIFNT has received explicit written approval from the CITY to undertake sueh actions, or (2) Budget change may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the touil grant amount, and the chatngc� to the budget are docurriented_ Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party unless in writing and signed by both parties. In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute am official amendment. The CITY may, at itg discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives_ Such amendments shall be incorporated by written amendment as a part of this AGRti EMENT- XV. VIOLATION OT TL<'RMS AND CONDITIONS A. Termination If, due to any cause, the SIIBRECIPIEW fails to comply with the terms, conditions or requirements of this AGRLI::MIiNT', or any prior AGRI FMFNT whereby ESG hutcl, were: received by the SUBRICIPIENT, whether- stated in a Federal statntc or regulation, an assurance, a State plan or application, a notice of awat d, or elsewheic, the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance with 2 CFR 200.140 by giving written notice, and the CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT leas expended the funds. If the SUBRECIPIENT reports inaccurately, or if on audit ttnerc is a disallowance of certain expenditures, the SUBRE.CIPIENf agrees to remedy the acts or omissions causing the disallowance and repay the CfTY all amounts spent in violation thereof If the SUBRECIPIENf engaged in fraudulent activity to obtain and/or,justify expenditure of the ESG timds granted hereunder, the SUBRCCIPIEN1 shall be required to reimburse the CITY of all such fluids that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other- re-itnedies that may be legally available. City Council 14 — 24 5/4/2021 60A-22