Res 1981-061 - Laserfiche WebLink

Home Browse Search

Page 3 of 4 I. State reserves the right to grant exceptions to the above funding formula as described in Section II, paragraphs B and C above. III. For and in consideration of the mutual benefits accruing to both parties of this agreement, it is further agreed and understood that: A. State and/or USDA shall have the right through their representatives to inspect, examine, investigate, and evaluate the program described in Section I above and the facilities provided by Project under this agreement at any time during normal business hours, and at other times by mutual agreement made in advance; B. Performance of Section II of this agreement shall be contingent upon funds being made available by USDA; C. It is further agreed and understood that in the event state and federal laws affecting either Project or State are amended so as to render fulfillment of this agreement on the part of either Project or State unfeasible or impossible, then in that event both Project and State shall be discharged from further obligation claimed under the terms of the agreement except for equitable settlement of the respective accrued interests up to the date of termination. It is further agreed and understood that if the total amount of funds made available by USDA are inadequate to fulfill the obligations incurred by reason of this agreement, then this agreement shall be void as to both parties; D. The terms of this agreement shall not be modified or changed in any way other than by the consent in writing of both parties hereto, in the manner authorized by law; E. This agreement shall become effective on October 1, 1981, and shall continue until September 30, 1982, unless terminated earlier as pro- vided herein. State may renew this agreement for each fiscal year thereafter, by notice in writing given to Project; F. This agreement may be terminated upon 30 days written notice on the part of either party hereto and State may terminate this agreement immediately upon receipt of evidence that the terms and conditions of this agreement and/or USDA and/or State directive have not been fully complied with by Project. Allowable and approved program expenditures by Project up to the date of termination shall be re- imbursed. Unilateral termination of this contract by State for cause shall be subject to review on appeal by Project in accordance with established program Fair Hearing procedures; G. Notwithstanding any termination of this agreement, the obligations of Project with respect to retention and audit of records and submission of reports shall continue until the requirements of the regulations have been fully performed; H. The Project hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by the regulations of the USDA (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that Act and the regulations, to the effect that, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be other- wise subjecr: to discrimination under any program or activity for which the program applicant received federal financial assistance from the USDA; and hereby gives assurance that itwill immediately take any measures necessary to effectuate this agreement. This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants and loans of Federal funds, reimbursable expenditures, grant or donation of Federal property and interest in property, the detail of Federal per- sonnel, the sale and lease of, and the.permission to use, Federal property or interest in such property or the furnishing of services