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Agmt 2007 Davis Street Family Resource Center DSFRC
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Agmt 2007 Davis Street Family Resource Center DSFRC
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Last modified
6/5/2019 9:42:43 AM
Creation date
6/26/2007 9:54:31 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2007
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PERM
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Reso 2007-082
(Approved by)
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\City Clerk\City Council\Resolutions\2007
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the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may <br />result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit <br />conducted in accordance with current City policy concerning Subrecipient audits. <br />8.0 ENFORCEMENT OF CONTRACT <br />8.1 Applicable Law. This contract shall be construed and interpreted both as to validity and to <br />performance of the parties in accordance with the laws of the State of California and the United States, as <br />applicable. Legal actions concerning any dispute, claim or matter arising out of or in relation to this contract shall be <br />instituted in the Superior Court of the County of Alameda, State of California, the United States District Court for the <br />Northern District of California, or any other appropriate court in Alameda County, and Subrecipient covenants and <br />agrees to submit to the personal jurisdiction of such court in the event of such action. <br />8.2 Disputes. In the event of any dispute arising under this contract, the injured party shall notify the <br />insuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue <br />performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) <br />days of service of such notice and completes the cure of such default within thirty (30) days after service of the <br />notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate <br />danger to the health, safety and general welfare, such immediate action may be necessary. Notwithstanding the <br />foregoing, the City may suspend any further payment of CDBG funds until Subrecipient is in compliance with this <br />contract. Compliance with the provisions of this Section shall be a condition precedent to termination of this contract <br />for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action <br />in the event that the depute is not cured. <br />8.3 Remedies Upon Default by Subrecipient. In addition to any other rights or remedies available at <br />law or in equity, if Subrecipient fails to fulfill its obligations under this contract, City may, after compliance with the <br />provisions of Section 8.2, <br />a. Temporarily withhold payment of CDBG funds pending correction of the default by <br />Subrecipient; <br />b. Refuse to advance all or any part of the CDBG funds for the project and reallocate said funds <br />to another activity; <br />C. Wholly or partially suspend or terminate the award and this contract; and; <br />d. Withhold further awards for the project and/or the facility; and <br />e. Require Subrecipient to repay any CDBG funds that the City determines were not expended <br />in compliance with the requirements of this contract, the Act or the regulations. <br />8.4 Termination for Convenience. This contract may be terminated for convenience as provided in 24 <br />CFR Section 85.44. <br />8.5 Waiver. No delay or omission in the exercise of any right or remedy by a non -defaulting party on <br />any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any <br />act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary <br />the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in <br />writing and shall not be a waiver of any other default concerning the same or any other provision of this contract. <br />8.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly <br />declared to be exclusive in this contract, the rights and remedies of the parties are cumulative and the exercise by <br />10 <br />CDBG Agreement with Davis St. FY07-08 <br />H.My DocumentstFunding ReportinglCity of San Leandro-CDBG12007-2008 CDBG contractlFY07-08 Davis St CDBG Subrecipient Agreement finaLdoc <br />
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