Laserfiche WebLink
If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of <br />this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the <br />SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or <br />application, a notice of award, or elsewhere. the CITY may terminate or suspend this AGREEMENT in <br />accordance with 24 CFR 85.43 and in accordance with 24 CFR 85.44 by giving written notice, and the <br />CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT <br />has expended the funds. <br />If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the <br />SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all <br />amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or <br />justify expenditure of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse <br />the CITY of all such funds that were obtained and/or spent under fraudulent circumstances, and the CITY <br />reserves the right to take other remedies that may be legally available. <br />The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty <br />(30) days of receipt of the written request. <br />Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing <br />and mailed to the CITY pursuant to the above NOTICES section. <br />XVI. CLOSE -OUT <br />The SUBRECIPIENT's obligation to the CITY shall not end until all close -out requirements are <br />completed. Activities during this close -out period shall include, but are not limited to: making final <br />payments; submitting final invoice(s), report(s), in accordance with this AGREEMENT, and <br />documentation; disposing of program assets (including the return to the CITY of all unused materials and <br />equipment); remitting any receivable accounts to the CITY and determining the custodianship of records. <br />The SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the <br />term, including but not limited to obligations with respect to indemnification, audits, reporting, data <br />retention /reporting, and accounting. <br />XVII. VALIDITY AND SEVERABILITY <br />The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the <br />validity of any other provision of this AGREEMENT. Whenever possible, each provision of this <br />AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but <br />if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such <br />provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the <br />remainder of such provisions of this AGREEMENT. <br />XVII1. LAWS GOVERNING THIS AGREEMENT <br />This AGREEMENT shall be governed by and construed in accordance with the laws of the State of <br />California, and all applicable federal laws and regulations. <br />None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall <br />be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the <br />CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT <br />pursuant to this AGREEMENT. <br />XIX. WAIVER <br />No delay or omission by the CITY hereto to exercise any right or power accruing upon any <br />noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT <br />shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the <br />17 <br />