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25A - AGMT WIOA FORMULA
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25A - AGMT WIOA FORMULA
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Last modified
6/27/2019 5:16:41 PM
Creation date
6/27/2019 5:05:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25A
Date
7/2/2019
Destruction Year
2024
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EXHIBIT 1 <br />XUL <br />FRAUD <br />SUBR2CIPIENT shall immediately report to CITY all instances and facts concerning <br />possible fraud, abuse or criminal activity relating to expenditure or receipt of finds tinder this <br />Agreement. <br />X111. <br />CONTINGENCY OF FUNDS <br />SUBRECIPIENT acknowledges that approval of and -liaxding for this Agreement is <br />contingent upon Stale approval, and funds received or obligated from the State of Califomia to CITY, <br />if such approval of finds is not fertheoming, or is otherwise limited, CITY' shall immediately notify <br />SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIYIENI' shall modify or <br />cease operations as directed by CITY and negotiate necessary modification to this Ag<eetnent andlor <br />reimbursement of costs incurred hereunder. <br />XV. <br />TER AINATION <br />A. This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) <br />days written notice to the other party. Notice shall be deemed served on the date of mailing, However, <br />SUBRECIPIENT may not terminate this Agreement if undue hardship \01 result to any participant. <br />B. In the event SUBRECRIIEN1 defaults by failing to fulfill all. or any of its obligations <br />hereunder, CTT'Y may declare a default upd terznination of this Agreement by written notice to <br />SUBRECIPIIENT, which default and termination shall be effective on a date stated in the notice which is <br />to be not less than ten (10) days after eortifred mailing or personal service of such notice, unless such <br />default is cured before the effective date of termination stated in such notice. U terminated for cause, <br />CITY shall be relieved of further liability or reslmnsibility under this Agreement, or as a result of the <br />termination thereof, including the payment of money, except for payment for approved expenses incurred <br />for services satisfactorily and timely performed prior to the smiling or service of the notice of termination, <br />and except for reimbunsernent of (1) any payments made for services not subsequently performed in a <br />timely and satisfactory manner, and (2) costs incurred by CTTY in obtaining substitute performance. <br />XVi. <br />DISPUTES <br />Except as otherwise provided in this Agreement, any dispute concerning any question <br />uriging under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision <br />to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. The decision of the City <br />shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of <br />such copy, CITY receives from SUBRECIPIENT written request to appeal said decision. <br />Procedures governing the appeal shall be prescribed by CITY andlor the State of <br />California in accordance with the Act and all corresponding regulations and OMB circulars. Pending <br />final disposition of the appeal, SUBRECIPIENT shall act in accordance with CrTY's decision unless <br />the dispute involves a change order. <br />25A-19 Page 14 of 7 <br />
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