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Res 1983-048
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Res 1983-048
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Last modified
9/10/2007 2:41:12 PM
Creation date
9/10/2007 2:41:12 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1983-48
Date
9/12/1983
Volume Book
62
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<br /> LH <br /> Page 4 of 5 <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, 1983, and shall <br /> continue until September 30, 1984, unless terminated earlier as pro- <br /> vided herein. State may renew this agreement for each fiscal year <br /> thereafter. by notice in wrIting given to Pro;ect: <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 uponre~~ipt of evidence that the terms and conditions of <br /> lhJ.'J agreemeni. and/or USDA and/or State regulations and/or policies <br /> ha n notbeer~ fully colili-'li:~d w:~th by Project. Allowable and ap~rcv~d progr3IU <br /> expenditures by Project up to the date of termination shall be re.. <br /> :.mbursed. 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 /> !'~oject with lespect 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 Project hereby agrees that it will comply with Title VI of the Civil <br /> Rights Acts of 1964 (P.L. 88-352) and all requirements imposed by the <br /> regulations of the USDA (7 CFR Part 15), Department of Justice (28 CFR <br /> Parts 42 and 50) and FNS directives or regulations issued pursuant to <br /> that Act and the regulations, to the effect that, no person in the United <br /> 3tates shall, on the ground of race, color, or national origin, be <br /> excluded from participation in, be denied the benefits of, or be other- <br /> wise subject to discrimination under any program or activity for which <br /> the program applicant received federal financial assistance from th~ <br /> USDA; and hereby gives assurance that it will immediately take any <br /> measures necessary to effectuate this agreement. <br /> This assurance is given in consideration of and for the purpose of <br /> obtaining any and all Federal financial assistance, grants and loans <br /> of Federal funds, reimbursable expenditures, grant or donation of <br /> F~deral property and.interest in property, the detail of Federal per- <br /> sonnel, the sale and lease of, and the permission to use, Federal <br /> property or interest in such property, or the furnishing of services <br /> without consideration or at a nominal consideration, or at a con- <br /> sideration which is reduced for the purpose of assisting the re- <br /> cipient, or in recognition of the public interest to be served. by <br /> such sale, lease, or furnishing of services to the recipient, or any <br /> improvements made with Federal financial assistance extended to the <br /> program applicant by the Department. This includes any Federal agree- <br /> ment, arrangement, or other contract which has as one of its purposes <br /> the provision of assistance such as food, and cash assistance for pur- <br /> chase or rental of food service equipment or any other financial <br /> assistance extended in reliance on the representations and agreements <br /> made in this assurance. <br /> By accepting this assurance, the Project agrees to compile data, main- <br /> tain records and submit reports as required, to permit effective en- <br /> forcement of Title VI and to permit authorized USDA personnel during <br /> normal working hours to review such records, books and accounts as <br /> needed to ascertain compliance with Title VI. If there are any vi01q- <br /> tions of this assurance, the State shall have the right to seek judicial <br /> enforcement of this assurance. This assurance is binding on the Project, <br /> its sucessors, transferees, and assignees as long as it receives <br /> assistance or retains possession of any assistance from the Department. <br /> The person or persons whose signatures appear below are authorized to <br /> sign this assurance on the behalf of the program applicant. <br /> H. No qualified handicapped person shall, on the basis of handicap, be <br /> excluded from participation in, be denied the benefits of, or otherwise <br /> be subjected to discrimination under the program as outlived in section <br /> 504 of the Rehabilitation Act of 1973, 29 U.S.C. 706. <br />
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