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(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery <br />and performance of its obligations under this Agreement will not constitute a default or a breach under any <br />contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. <br />(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy <br />proceeding. <br />(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened <br />litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. <br />(g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application <br />for funding submitted to CITY including any exhibits are true and correct in all material respects. <br />(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or <br />threatened criminal or eiviI action investigation by any public agency, including without limitation a police <br />agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services <br />hereunder. <br />B. Amount of Grant /Tern and Quarterly Disbursement. The amount granted to SUBRECIPIENT is <br />$200,000 ( "CDBG FUNDS "), for the tern of September 1, 2015 through March 31, 2016. Such funds shall be <br />expended by SUBRECIPIENT on or before March 31, 2016, The Tenn of this Agreement may be extended by a <br />writing executed by the City Manager or his or her designee and the City Attorney. The CDBG FUNDS shall be <br />disbursed by CITY to SUBRECIPIENT upon receipt and approval of a complete activity report from <br />SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of <br />complete reporting information due on or before March 31 of the applicable funding year, as hereinafter more <br />fully set forth. SUBRECIPIENT shall be obligated to perforn such duties as would normally extend beyond the <br />term, including but not limited to obligations with respect to indemnification, audits, reporting; <br />data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will <br />cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement <br />package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. <br />The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that <br />SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments <br />in the grant allocation will be made after consultation with SUBRECIPIENT. <br />C. Use of Funds. SUBRECIPIENT agrees to use all federal Rinds provided by CITY to <br />SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and <br />by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other <br />remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to <br />pay to SUBRECIPIENT hereunder. <br />D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before March 31, 2016 <br />and to use said finds to pay for necessary and reasonable costs allowable under the federal law and regulations to <br />operate said program. Said amounts shall include, but not be limited to, architectural design fees, project management <br />fees, labor compliance fees, construction costs, wages, administrative costs, and employee benefits comparable to <br />other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set <br />forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIGNT shall use all income <br />received from said funds only for the same purposes for which said funds may be expended pursuant to the terns and <br />conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the <br />written approval of the CITY's Executive Director of the Community Development Agency or designee, so long as <br />the total budget amount does not increase. <br />25C -4 <br />