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Res 2003-191
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Res 2003-191
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Last modified
5/12/2004 1:12:33 PM
Creation date
5/4/2004 8:52:50 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-191
Date
10/27/2003
Volume Book
154
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<br />necessary or convenient to effectuate and carry out the terms of this Agreement. <br /> <br />5.14 In performing this Agreement, Subrecipient will comply with all local, state and <br />federal laws. <br /> <br />ARTICLE 6 <br />OWNERSHIP AND USE OF DOCUMENTS <br /> <br />6.1 The Subrecipient will ensure that all documents and other information generated by <br />it in accordance with this Agreement will become its property. <br /> <br />ARTICLE 7 <br />SUSPENSION AND TERMINATION <br /> <br />7.1 If Subrecipient fails to fulfill in a timely and proper manner its obligations under this <br />Agreement, or violates any of the terms or conditions of this Agreement, then the <br />Subrecipient will have thirty (30) days from the date it receives written notice from the City <br />directing it to cure or correct the defects or failures to comply. Should Sub-recipient fail to <br />make corrections as directed by the City, and such breach of contract results in a violation <br />of federal law or regulation for which the City receives a demand of reimbursement of grant <br />funds from HUD or its successor, the City may terminate this contract immediately, and <br />may recover from the Subrecipient the amount sought by HUD for reimbursement, up to <br />the full amount of funds the Subrecipient has received from the City. <br /> <br />7.2 Subrecipient will not be relieved of the liability to the City for damages sustained by <br />the City by virtue of any breach of this contract by Subrecipient and City may withhold any <br />payments to Subrecipient until the exact amount of monetary damages due the City from <br />Subrecipient is determined. <br /> <br />7.3 If the City becomes aware of any Subrecipient activity which could jeopardize the <br />City's position with HUD and cause the City to return CDBG funds or other federal funds <br />received by the City, the City may take appropriate action, including injunctive relief against <br />the Subrecipient, to terminate or prevent the activity. Failure of the .city to exercise this <br />right will not constitute a waiver by the City of its right to demand payment or to seek any <br />other relief in law or in equity to which it may be entitled. <br /> <br />ARTICLE 8 <br />ASSETS AND REVERSION OF ASSETS <br /> <br />8.1 Subrecipient will not purchase any assets unless specifically permitted by City and <br />such procurement will be done in the form and manner so prescribed by the City. Any <br />asset acquired or improved in part or in whole with CDBG funds in excess of $25,000.00 <br />must be an for activity that meets one of the national objectives listed in 24 CFR 570.201 <br />for a period of five years after the expiration of this agreement or a longer period if so <br />determined by the recipient. For the purposes of this Agreement, an asset is as defined <br />in 24 C.F.R. 570.503 (b)(8). <br /> <br />7 <br />
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