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Res 2010-133
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Res 2010-133
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1/25/2011 10:10:40 AM
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9/22/2010 3:09:06 PM
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City Clerk
City Clerk - Document
Resolutions
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9/22/2010
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(i) if any litigation, claim, or audit is started before the expiration of the three -year <br />period, the records shall be retained until all litigation, claims, or audit findings <br />involving the records have been resolved and final actions taken. <br />(ii) Records for real property and equipment acquired with federal funds must be retained <br />for three years after final disposition. <br />(iii) When records are transferred or maintained by EDA, the three -year retention <br />requirement is not applicable to the Recipient. <br />Records relating to indirect cost rate computations or proposals, cost allocation plans, and <br />any similar accounting computations on the rate at which a particular group of costs is <br />chargeable are subject to different retention requirements. See 15 C.F.R. §§ 14.53 or 24.42, <br />as applicable. <br />The Recipient is responsible for monitoring any subrecipients and contractors to ensure <br />their compliance with the records retention requirements. The Recipient must immediately <br />notify the Project Officer in case records are not retained for the general retention periods <br />noted above. See 13 C.F.R. § 302.14 and 15 C.F.R. §§ 14.50 -14.53 or §§ 24.40- 24.42, <br />as applicable. <br />17. Termination Actions. <br />a. Termination for Cause. if the Recipient materially fails to comply with any of the Terms <br />and Conditions of this Award, EDA has the right to terminate for cause all or any part of its <br />obligation hereunder, including if- <br />(i) Any representation made by the Recipient to the Government in connection with the <br />application for Government assistance is incorrect or incomplete in any material <br />respect; <br />(ii) The intent and purpose and /or the economic feasibility of the Project is changed <br />substantially so as to affect significantly the accomplishment of the Project as <br />intended (including an unauthorized use of property as provided in 13 C.F.R § 314.4); <br />(iii) The Recipient has violated commitments it made in its application and supporting <br />documents or has violated any of the Terms and Conditions of this Award; <br />(iv) The conflicts -of- interest rules in 13 C.F.R. § 302.17 are violated; or <br />(v) The Recipient fails to report immediately to the Government any change of <br />authorized representative(s) acting in lieu of or on behalf of the Recipient. <br />In addition, EDA may take one or more of the actions set out in 15 C.F.R. §§ 14.62(a) or <br />24.43(a), as applicable. <br />b. Termination for Convenience. The Recipient may request at any time termination for <br />convenience of this Award upon sending to the Grants Officer written notification in a <br />Form acceptable to EDA setting forth the reasons for requesting the termination and the <br />effective date of such termination. See 15 C.F.R. §§ 14.61 or 24.44, as applicable. <br />18. Project Closeout Procedures. After construction is completed and the Project is closed out <br />financially. the Recipient has an ongoing responsibility to properly administer, operate. and <br />maintain the Project for its estimated useful life (as detennined b) EDA) in accordance with its <br />original purpose. See 13 C.F.R. § 302.12. The Recipient must comply with all Award <br />14 <br />
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