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EXHIBIT 1
<br />rcimbursemalt of (I) any payments made for services not subsequently performed in a tincly and
<br />atisfactory manner, and (2) arsts incurredby CITY in obtaining substimre performance.
<br />D. I he grant of fluids under [Ills Agrcclucnt may be tcnllinatcd for conVcmcncC by either the C11 Y
<br />or SUBRECIPIENT, in whole or in pan, by setting torth the reasons for such termination, the effective date,
<br />and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial
<br />1Crminariun, the CFTY determines that d1e rornaining portion of the ,)Walk] will [lot aceomplkln the purpoqc fur
<br />with the award was madc, the CITY may tcrminatc the award in iU cruircty.
<br />Fi The grant of buds under this Agreement play be terminated due to the non-performance of
<br />SIIRRFCIPIFNT and or failure of SIIRRF.CIPFNT to perform the work dcgcribcd in Fxinhaq A and R or
<br />t;tilllre to meet the performance standards and program goals set forth therein,
<br />F. The grant of funds under this Agreement may be terminated due to the failure of the CITY to
<br />receive sufficient ar anticipated funding fium HUD tit the CDBG program for any year lernl subject to this
<br />Agrcemcnt.
<br />G. In the event this Agreement is terminated aS Set folth in Subparagraphs XLI.A. through
<br />inclusive, SUBRECIPIENT agrees io immediately reuum to CITY upon CITY's demand and prior to any
<br />adiudbearion (if SIIRRFCIPIFNT's rights, any Intl all finals not used, and to comply With Paragraph "XI.
<br />REVERSTON OF ASSETS" of duos A,n-u merit.
<br />XIII. LIMITATION OF FUNDS
<br />The Unilcd Slates of America, iluough HUD, may in the future place progrannitatic or fiscal
<br />limi(inions on the use of CDRG funds which limitations arc not presently anticipated. Accordingly, C1 fY
<br />reserves the right to revise this Agreement in order to take account of actions allectilg HUD program
<br />Bolding. In the event of finding reduction, CITY may, in its sole and absolute discretion, reduce the budget
<br />of this Agreement aq a whole or as to costs category, may limit the rate of SITiRfiC1PTENT'q authority to
<br />conuith and 51)end funds, or nuly rcSlriei SLIBRECIPIENT'S use of both its uneornrcitted and its unspent
<br />tinulS. "'here HUI) has dnectcd or requested Cl fY to implement a reduction in funding, in whole or as to a
<br />cost category, with respect to finding for this Agreement, CI l'Y's City Manager or delegate is authorized to
<br />act for CITY in implementing and effecting quell a reduction and in revising, modifying, or amending the
<br />Aerccmcn[ fire Such purpo5ec. If Such a redaction in fundink OCCln'S, STIRRP:CIPTF.NT ,)hall be permitted to
<br />do -tope ac:curdirgly. Where CTTY ha reasonable goulyds to qucSlion ST_1BRECIPIENT'S flscal
<br />aCCOnmablhty, financial 5oundrncss, or compliance with this AgRccmcnt, C.11 Y may suspend the. operation of
<br />this Agreement for up to sixty (60) days uPon five (5) days written notice to SUBRECIPIENT of its intention
<br />to so act, pending an audit or other resolution of quell questions. In no event, however-, shall any revisions
<br />madc by CITY sffed expoidiruivs anti legally binding eonvmiomealrs madc by SCTiRF.ClPTFNT befurc it
<br />recciacd uoticc of such revision, provided that such amounts have been committed in good faith and arc
<br />otherwise allowable and that such c nuninncnts arc consistent with HUD cash withdrawal guidelines.
<br />XIV, FXCLUSIVITY ANDAMF'NDMP:N'I'OFAC14PH'.NIP:N'I'
<br />'I his Agreement supersedes any and all other agreements, either oral or in writing, between the
<br />parties licreto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the
<br />covenants and agreements between ncc parties with rogpw to such crnploymenr in any manner whallocvcr.
<br />Each party to this Agrecrnent acknowledges that no repr-esenuations, inducement:, promise, or agrectucnts,
<br />orally or othctwisc, have been madc by any putty, or anyone acting on behalf of any party, which are nol
<br />embodied herein, and that no other agreement or amendment hereto shall be ettectke unless executed in
<br />writing and signed by both CITY and SUBRECIPIENT.
<br />City Council 14 14 — 17 7/6/2021
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