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Res 2003-032
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Res 2003-032
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Last modified
10/25/2004 3:26:29 PM
Creation date
9/11/2003 2:05:55 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2003-32
Date
2/10/2003
Volume Book
151
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<br />B. Notwithstanding Subsection A of this Section 19, if Company expends less than $300,000 in Federal <br />fi,M'lcial assistance, Company may arrange for the performance of an annual financial statement audit. <br />S 1 audit should include verification as requested on Subsection A.4 of this Section 19. <br /> <br />C. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an annual financial <br />and compliance audit of funds received and performances rendered under this contract. Company agrees <br />to permit City or its authorized representative to audit Company's records and to obtain any documents, <br />materials, or information necessary to facilitate such audit. <br /> <br />D. Company understands and agrees that it shall be liable to City for any costs disallowed pursuant to <br />financial and compliance audit(s) of funds received under this contract. Company further understands and <br />agrees that reimbursement to City of such disallowed costs shall be paid by Company from funds which <br />were not provided or otherwise made available to Company under this contract. <br /> <br />E. Company shall take such action to facilitate the performance of such audit or audits conducted pursuant <br />to this Section 19 as City may require of Company. <br /> <br />SECTION 20. <br /> <br />ENVIRONMENTAL CLEARANCE REQUIREMENTS <br /> <br />A. Company understands and agrees that by the execution of this contract, City shall assume the <br />responsibilities for environmental review, decision making, and other action that apply to City under Section <br />5304(f) of the Act, in accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance with <br />Section 58.77(b) of such regulations, Company further understands and agrees that City shall handle <br />inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews <br />Gnl/ered by approved certifications. <br /> <br />Funds for budgeted line items provided under this contract may be obligated and expended before the <br />aCTions specified in this Section occur only for the following eligible activities and only for costs incurred <br />after the Date of Execution: <br /> <br />1. The payment of reasonable planning costs related to the project; <br /> <br />2. Environmental studies, including environmental clearance activities required by this Section; and <br /> <br />3. The payment or reimbursement of reasonable project engineering and design costs incurred for <br />this project. <br /> <br />C. City shall prepare a written Environmental Assessment of its activities in accordance with 24 C.F.R. <br />Part 58, Subpart E, and the most recent version of the TCF Implementation Manual. City must then follow <br />the steps specified in this subsection to ensure compliance with the National Environmental Policy Act <br />(NEPA). When the Environmental Assessment is completed, City must follow one of the following two <br />procedures. The first is a Finding of Significant Impact, in which the Request for Release of Funds for the <br />project is an action which may significantly affect the quality of the human environment. If this is the case, <br />City must then prepare an Environmental Impact Statement in accordance with Subpart F or Subpart G of <br />24 C.F.R. Part 58. The second and more common procedure must be followed for all projects not requiring <br />an Environmental Impact Statement. City in this instance must publish, in the manner prescribed in 24 <br />C.F.R. Sections 58.43 and 58.45, a combined legal notice in a single publication: A Finding of No <br />""'lnificant Impact (FONSI) and a Notice of Intent to Request Release of Funds. In the first part of this <br />tice, City certifies that, as a result of the Environmental Assessment, the project is not an action which <br />,y or will significantly affect the quality of the human environment. City shall then provide the public with <br />at least 15 calendar days to comment on this combined notice following its publication date, unless <br />exceptional circumstances exist as specified in 24 C.F.R. Section 58.46. If no unresolved problems occur, <br />City must then concurrently submit to ORCA the following documents: <br /> <br />RLF Contract <br /> <br />Page 9 <br />
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