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HUMAN OPTIONS (3) -2011
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HUMAN OPTIONS (3) -2011
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Last modified
6/9/2014 3:13:09 PM
Creation date
9/21/2011 12:58:32 PM
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Contracts
Company Name
HUMAN OPTIONS
Contract #
A-2011-078
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
3/21/2011
Destruction Year
0
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6/10 <br />scribed in Exhibits A and B or failure to meet the performance standards and program goals set <br />forth therein. <br />F. In the event this Agreement is terminated as set forth in Section X.A through X.E, in- <br />clusive, SUBRECIPIENT agrees to immediately return to CITY, upon CITY's demand and prior <br />to any adjudication of SUBRECIPIENT's rights, any and all funds not used under this Agree- <br />ment. <br />XII. LIMITATION OF FUNDS <br />The United States of America, through HUD, may, in the future, place programmatic or <br />fiscal limitations on the use of ESG funds which limitations are not presently anticipated. Ac- <br />cordingly, CITY reserves the right to revise this Agreement in order to take account of actions <br />affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and <br />absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may <br />limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUB - <br />RECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or <br />requested CITY to implement a reduction in funding, in whole or as to a cost category, with re- <br />spect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for <br />CITY in implementing and effecting such a reduction and in revising, modifying, or amending <br />the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall <br />be allowed to de -scope accordingly. Where CITY has reasonable grounds to question SUBRE- <br />CIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY <br />may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days' written <br />notice to SUBRECIPIENT of its intention to so act pending an audit or other resolution of such <br />questions. In no event, however, shall any revisions made by CITY affect expenditures and le- <br />gally binding commitments made by SUBRECIPIENT before it received notice of such revision, <br />provided that such amounts have been committed in good faith and are otherwise allowable and <br />that such commitments are consistent with HUD cash withdrawal guidelines. <br />XIII. INSURANCE <br />A. SUBRECIPIENT shall furnish CITY's Clerk of the Council with an insurance certifi- <br />cate from its workers' compensation insurance carrier certifying that it carries such insurance and <br />that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior <br />notice to CITY. <br />B. SUBRECIPIENT shall undertake self - insurance, or shall obtain, at its sole cost, a pol- <br />icy or policies of commercial general liability insurance, or equivalent form, with a combined <br />single limit of not less than $1 Million Dollars per occurrence. <br />Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and <br />volunteers as additional insureds; (2) be primary with respect to insurance or self - insurance pro- <br />grams maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) <br />give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECI- <br />21 <br />
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