Laserfiche WebLink
A. Failure to comply with any of the rules, regulations or provisions referred to <br />herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives <br />as may become applicable at any time; <br />B. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper <br />manner its obligations under this Agreement; or <br />C. Ineffective or improper use of funds provided under this Agreement; or <br />D. Submission by the Subrecipient to City reports that are incorrect or incomplete in <br />any material respect; or <br />E. Failure to take satisfactory corrective action as directed by City. <br />In accordance with 24 CFR 85.44, this Agreement may be terminated by City or Subrecipient, in <br />whole or in part, upon the giving of a written "Notice of Termination" at least thirty (30) days <br />prior to the date of termination specified in said Notice. In the event this Agreement is <br />terminated, Subrecipient shall be compensated on a pro rata basis with respect to the percentage <br />of the Program completed as of the date of termination. In no event, however, shall Subrecipient <br />receive more than the maximum specified compensation in this Agreement. Upon expiration or <br />termination of this Agreement, Subrecipient shall transfer to City all CDBG funds on hand at the <br />time of expiration/termination and any accounts receivable attributable to the use of CDBG <br />funds. <br />Section 17. Joint Funding. For programs in which there are sources of funds received by <br />Subrecipient from the private sector in addition to HUD/CDBG funds, Subrecipient shall provide <br />proof of such funding to City upon receipt of such funds. City shall not reimburse for any <br />services provided by Subrecipient which are funded by other sources. All restrictions and/or <br />requirements provided in this Agreement relative to accounting, budgeting, and reporting apply <br />to the total program regardless of funding sources. The United States of America through HUD <br />may in the future place programmatic or fiscal limitations on CDBG funds not presently <br />anticipated. Accordingly, the City reserves the right to amend this Agreement in order to take <br />account of actions affecting HUD program funding. In the event of funding reduction, City may <br />reduce all or part of the budget and compensation payable to Subrecipient under this Agreement, <br />and may, at its sole discretion, limit Subrecipient's authority to commit and spend funds, and <br />may restrict Subrecipient's use of both its uncommitted and its unspent funds. Where HUD has <br />directed or requested City to implement a reduction in funding, with respect to funding for this <br />Agreement, the City Manager, or his designee, may act for City in implementing and effecting <br />such a reduction by amending this Agreement for such purpose. <br />Section 18. Indemnification. Subrecipient shall indemnify, defend and hold harmless the <br />City, and its elected and appointed officials, officers, agents, employees, and consultants, from <br />all liability, from loss, damage or injury to persons or property, including the payment by <br />Subrecipient of any and all legal costs and attorneys' fees, in any manner arising out of or <br />incidental to the performance by Subrecipient, and/or its employees and agents, of this <br />Agreement, including, but not limited to, all consequential damages to the maximum extent <br />permitted by law. <br />Section 19. Independent Contractor. Nothing contained in this Agreement is intended <br />or shall be construed in any manner to create or establish the relationship of employer/employee <br />between City and Subrecipient. Subrecipient shall at all times remain an independent contractor <br />with respect to the Program Activities to be performed under this Agreement. <br />Page 11 of 14 <br />