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Res 1986-109
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Res 1986-109
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8/28/2007 8:11:59 AM
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8/28/2007 8:11:59 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1986-109
Date
9/22/1986
Volume Book
82
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<br /> Page 5 of 6 Pages <br /> III <br /> For and in consideration of the mutual benefits accruing to both parties of <br /> this Agreement, it is further agreed and understood that: <br /> A. State and/or USDA shall have the right through their representatives <br /> to inspect, examine, investigate, and evaluate the program described <br /> in Section I above and the facilities provided by Project under this <br /> Agreement at any time during normal business hours, and at other <br /> times by mutual agreement made in advance. <br /> B. It is further agreed and understood that in the event State and <br /> Federal laws affecting either Project or State are amended so as to <br /> render fulfillment of this Agreement on the part of either Project or <br /> State infeasible or impossible, then in that event both Project and <br /> State shall be discharged from further obligation claimed under the <br /> terms of the Agreement except for equitable settlement of the <br /> respective accrued interests up to the date of termination. It is <br /> further agreed and understood that if the total amount of funds made <br /> available by USDA are inadequate to fulfill the obligations incurred <br /> by reason of this Agreement, then this Agreement shall be void as to <br /> both parties. <br /> C. The terms of this Agreement shall not be modified or changed in any <br /> way other than by the consent in writing of both parties hereto, in <br /> the manner authorized by law. <br /> D. This Agreement shall become effective on October 1, 1986, and shall <br /> continue until September 30,1987, unless terminated earlier as <br /> provided herein. State may renew this Agreement for each fiscal year <br /> thereafter, by notice in writing given to Project. <br /> E. This Agreement may be terminated upon 30 days written notice on the <br /> part of either party hereto and State may terminate this Agreement <br /> immediately upon receipt of evidence that the terms and conditions of <br /> this Agreement and/or USDA and/or State regulations and/or policies <br /> have not been fully complied with by Project. Allowable and approved <br /> program expenditures by Project up to the date of termination shall <br /> be reimbursed. Unilateral termination of this contract by State for <br /> cause shall be subject to review on appeal by Project in accordance <br /> with established program fair hearing procedures. <br /> F. Notwithstanding any termination of this Agreement, the obligations of <br /> Project with respect to retention and audit of records and submission <br /> of reports shall continue until the requirements of the regulations <br /> have been fully performed. <br /> G. "The program applicant (project) hereby agrees that he/she will comply <br /> with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), <br /> Ti tIe IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) , <br /> Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Age <br /> Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); all provisions <br /> required by the implementing regulations of the Department of <br /> Agriculture; Department of Justice Enforcement Guidelines, 28 CFR 50.3 <br />
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