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Res 2003-032
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Res 2003-032
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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 />must be supported by documentation as referenced in the most recent version of the With Strings Attached <br />Implementation Manual and subsequent policy updates. <br /> <br />B Company's Requests for Advance shall be limited to the minimum amounts needed for effective <br />01-"" ation of programs under this contract, and shall be timed as closely as possible to be in accord with <br />actual cash requirements. Company shall establish procedures to minimize the time elapsing between the <br />transfer of funds from City to Company and shall ensure that such funds are disbursed as soon as <br />administratively possible. <br /> <br />C. Notwithstanding the provisions of Section 5.A of this contract, it is expressly understood and agreed by <br />the parties hereto that payments under this contract are contingent upon Company's full and satisfactory <br />performance of its obligations under this contract. <br /> <br />D. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this <br />Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or <br />remedy under this contract or under any provision of law, nor shall any action taken in the exercise of any <br />right or remedy be deemed a waiver of any other right or remedy. Failure to exercise any right or remedy <br />hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. <br /> <br />SECTION 6. <br /> <br />UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, <br />AND PROGRAM INCOME <br /> <br />A. Except as specifically modified by law or the provisions of this contract, Company shall comply with the <br />HUD Implementing Regulations, 24 CFR Part 570 (the "Regulations"), and, for matters not addressed <br />therein, with 24 CFR Part 85, "Administrative Requirements for Grants and Cooperative Agreements to <br />i te, Local and Federally Recognized Indian Tribal Governments" (hereinafter referred to as the "Common <br />L' e") as modified by the rules promulgated by the Office of the Governor under the Uniform Grant and <br />_.ltract Management Act (TEX. GOV'T. CODE ANN. Chapter 783; hereinafter referred to as "UGCMS"), <br />in performing this contract. The allowability of costs incurred for performances rendered hereunder shall be <br />determined in accordance with OMB Circular A-87, as supplemented by UGCMS and this contract. <br /> <br />B. Company shall comply with the requirements set forth in Section 570.489(e) of the Regulations to <br />account for program income related to activities financed in whole or in part with funds provided under this <br />contract. <br /> <br />1. Company shall maintain records of the receipt, accrual, and disposition of all program income in <br />the same manner as required for all other funds under this contract, and Company shall provide <br />reports of program income to City with each form submitted by Company in accordance with <br />Section 5 of this contract, and at the termination of this contract. Company shall report the <br />amount of program income recaptured to City with updates concerning the status of outstanding <br />loans, leases or repayment agreements, including but not limited to payments received and <br />amendments to the original loan, lease or repayment agreement(s), as required by this contract. <br /> <br />2. Program income earned by the Company must be returned to City within ten days after receipt by <br />Company. <br /> <br />3. Companies receiving program income are required to monitor and report to City program income <br />account balances reflecting amounts received and disbursed and the status of outstanding loans <br />or leases on a quarterly basis at a minimum. <br /> <br />4. Company agrees to forward any program income payment(s) received to City until a minimum of <br />all contract funds, identified in Section 22 for repayment, have been repaid. This provision <br />survives the term of this contract and remains in full force and effect until the repayment <br />obligation is fulfilled. <br /> <br />RLF Contract Page 3 <br />
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