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Res 2003-133
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Res 2003-133
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Last modified
11/14/2003 2:51:53 PM
Creation date
11/10/2003 3:46:49 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-133
Date
8/11/2003
Volume Book
153
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Notwithstanding any other provision of this contract, the total of all payments and other obligations <br />incurred by City under this contract (contract funds) shall not exceed the sum of and <br /> /100 Dollars ($000,000.00). <br /> <br />SECTION 5. <br /> <br />METHOD OF PAYMENT <br /> <br />A. Contractor shall submit to City at its offices in San Marcos, Hays County, Texas, a properly <br />completed Request for Advance or Reimbursement Form 270, as specified by City, as often as actually <br />needed. City will determine the reasonableness of each amount requested and will not make <br />disbursement of any such payment until City has reviewed and approved such Request. Request for <br />Reimbursement must be supported by documentation as referenced in the most recent version of the <br />With Strings Attached Implementation Manual and subsequent policy updates. <br /> <br />B. Contractor's requests for advance shall be limited to the minimum amounts needed for effective <br />operation of programs under this contract, and shall be timed as closely as possible to be in accord with <br />actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between <br />the transfer of funds from City to Contractor 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 <br />by the parties hereto that payments under this contract are contingent upon Contractor's full and <br />satisfactory 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 <br />this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right <br />or remedy under this contract or under any provision of law, nor shall any action taken in the exercise of <br />any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or <br />remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy <br />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, Contractor shall comply with <br />the Regulations and, for matters not addressed therein, with 24 C.F.R. Part 85, "Administrative <br />Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian <br />Tribal Governments" (hereinafter referred to as the "Common Rule") as modified by the rules <br />promulgated by the Office of the Governor under the Uniform Grant and Contract Management Act <br />(TEX. GOV'T. CODE ANN. Chapter 783; hereinafter referred to as "UGCMS"), in performing this <br />contract. The allowability of costs incurred for performances rendered hereunder shall be determined in <br />accordance with OMB Circular A-87, as supplemented by UGCMS and this contract. <br /> <br />B. Contractor 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 <br />this contract. <br /> <br /> 1. Contractor shall maintain records of the receipt, accrual, and disposition of all program income <br /> in the same manner as required for all other funds under this contract, and Contractor shall provide <br /> reports of program income to City with each form submitted by Contractor in accordance with <br /> Section 5 of this contract, and at the termination of this contract. Contractor shall report the amount <br /> of program income recaptured to City with updates concerning the status of outstanding loans, <br /> leases or repayment agreements, including but not limited to payments received and amendments <br /> to the original loan, lease or repayment agreement(s), as required by this contract. <br /> Page 3 of * <br />TCF-PY02 Revised 11/5/02 Con[ract ~ <br /> <br /> <br />
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