|
termination,the C11 Y 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 /> SUBRECIPMNT 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 XU,A. through XII.E.,
<br /> inclusive, SUBRECIPIENT agrees to-immediately return to CITY-upon CITY's demand and prior to any
<br /> adjudication of SUBRECIPII?NT's rights, any and all fuxids not used, and to comply with paragraph "'XI.
<br /> REVERSION OF ASSETS of this Agreement.
<br /> )UM LDMAUON OF I+UNI>;S
<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 fthis 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 ors as to.casts category, may limit the rate of SUBRECIPIENT's authority to
<br /> commit and spend funds, or may restrict SUBRBCIPIENT'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 implemwting and effecting such-a reduction and in xevising, 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 SUBRECIPIENT's•.. fiscal
<br /> accountability,fintaneial soundness, or compliance with this Agreement,CITY may suspend the operation of
<br /> this Agreement'forup to sixty(60)days upon five(S)days written notice to SUBRECIPIENT of it$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 MD.AMENDMENT OF AGRE EME,NT
<br /> This Agreement supersedes any and all other agreements, either oaral 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 /> representations, inducements, promises or agreements
<br /> Each party to this Agreement•acknowledges that no ,
<br /> orally or otherwise, have been made by any party, or anyone actin; on behalf of any party, which.are.not
<br /> embodied herein, and that rio other agreement or amendment hereto shall be effective unless executed in
<br /> writing and signed by both CITY and SUBRECIPIENT.
<br /> XV., LAWS GOVE,RNING THIS AGRE EMENT
<br /> This Agreement shall-be-governed by and construed.in ac ordance with the laws of the State of
<br /> California,and all applicable federal laws and-reta`lations,
<br /> .XVL CLOSE-OUT
<br /> The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR.§200.343,
<br /> including the following:
<br /> 14
<br />
|