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25G - AGMT - ESG FUNDING
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25G - AGMT - ESG FUNDING
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4/16/2015 5:13:08 PM
Creation date
4/16/2015 5:07:45 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25G
Date
4/21/2015
Destruction Year
2020
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In the event Chat 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, n State plan or application, a notice of award, or elsewhere, <br />the CITY may terminate or suspend this AGREEMENT in accordance with 24 CPR 85.43 and in accordance with <br />24 CFR 85.44 by giving written notice, and the CITY may request in writing that all or some of the grant funds be <br />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 SUBRECINENT shall be required to reimburse the CITY of all such funds <br />that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other <br />remedies that may 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 />Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and <br />mailed to the CITY pursuant to the above NOTICES section. <br />XVI. CLOSE -OUT <br />The SUBRECIPIENT's obligation to the CITY shall not end until all close -out requirements are completed. <br />Activities during this close -out period shall include, but are not limited to: making final payments; submitting <br />final invoice(s), report(s), in accordance with this AGREEMENT, and documentation; disposing of program <br />assets (including the return to the CITY of all unused materials and equipment); remitting any receivable accounts <br />to the CITY and determining the custodianship of records. The SUBRECIPIENT shall be obligated to perform <br />such duties as would normally extend beyond the tens, including but not limited to obligations with respect to <br />indemnification, audits, reporting, data retention/reporting, and accounting. <br />XVII. VALIDITY AND SEVERABILITY <br />The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of <br />any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be <br />interpreted in such manner as to be effective and valid under applicable law, but if any provision of this <br />AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective <br />11M <br />25G -22 <br />
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