Laserfiche WebLink
The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly <br />detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of <br />Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to <br />the SUBRECIPIENT under this section. <br />XII. ASSIGNABILITY <br />None of the duties of, or work to be performed by, the SUBRECIPIENT under this MEMORANDUM <br />shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent <br />of the CITY. The SUBRECIPIENT must submit all subcontracts and other AGREEMENTS that relate to <br />this MEMORANDUM to the CITY. No subcontract or assignment shall terminate or alter the legal <br />obligations of the SUBRECIPIENT pursuant to this MEMORANDUM. <br />XIII. EXCLUSIVITY OF MEMORANDUM <br />This MEMORANDUM supersedes any and all other MEMORANDUMS, either oral or in writing, <br />between the parties hereto with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and <br />contains all the covenants and AGREEMENTS between the parties with respect to such ESG Funds in <br />any manner whatsoever. Each party to this MEMORANDUM acknowledges that no representations, <br />inducements, promises or AGREEMENTS, orally or otherwise, have been made by any party, or anyone <br />acting on behalf of any party, which are not embodied herein, and that no other AGREEMENT or <br />amendment hereto shall be effective unless executed in writing and signed by both the CITY and the <br />SUBRECIPIENT. <br />XIV. AMENDMENTS OR MODIFICATIONS <br />The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any <br />activity or purpose not included or not in conformance with the budget as apportioned and as submitted to <br />the CITY unless: <br />(1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such <br />actions, or <br />(2) Budget changes may be made among approved program activities and among approved budget <br />categories so long as the specific project activity has been approved, there is no change to the <br />total grant amount, and the changes to the budget are documented. <br />Any program modification request by the SUBRECIPIENT must be requested at least forty -five (45) days <br />prior to the end of the term of this MEMORANDUM. No modification to this MEMORANDUM shall be <br />binding by either party unless in writing and signed by both parties. <br />In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall <br />be notified in writing and such notification shall constitute an official amendment. <br />The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this <br />MEMORANDUM to conform with changes in Federal, State, and/or the CITY laws, regulations, <br />guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a <br />part of this MEMORANDUM. <br />XV. VIOLATION OF TERMS AND CONDITIONS <br />A. Termination <br />If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of <br />this MEMORANDUM, or any prior MEMORANDUM whereby ESG funds were received by the <br />SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or <br />16 <br />