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3A Public Hearing 2009 0406
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3A Public Hearing 2009 0406
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4/3/2009 10:27:41 AM
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4/3/2009 10:27:41 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/6/2009
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_CC Agenda 2009 0406
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0406
Reso 2009-046
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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Payments of eligible expenses shall be made against the Funds and in accordance with terms <br />and conditions of this Agreement, the CDBG Program, and the applicable statutory regulations <br />including but not limited to 24 CFR Part 570. <br />The Lead Entity shall make payments to Subrecipient, and shall not process any request for <br />payment of the Local NSP Funds, until the Subrecipient's financial management system is <br />certified by the Lead Entity in accordance with the standards specified in OMB Circular A-110 <br />and its attachments, as may be modified by HUD. <br />The Local NSP Funds for the Activities are to be administered under the direction of the <br />Subrecipient's City Manager. <br />The Lead Entity shall monitor the Subrecipient's performance against goals and performance <br />standards as outlined in the Subrecipient's application. <br />V. TERM <br />This Agreement shall remain in full force and effect until the grant close out, and in no event <br />shall this Agreement expire prior to receipt and expenditure of the Local NSP funds and <br />program income received, and the completion of all Activities. <br />VI. NOTICES <br />Any notice required or permitted under the terms of this Agreement shall be effective <br />upon receipt in writing either by personal service upon the authorized agent for the party, or by <br />mailing the notice via U.S. Mail to the party at the address set forth in Attachment "A". <br />VII. AUTHORITY <br />Each person executing this Agreement on behalf of a Participating Public Jurisdiction <br />represents that he or she is the City Manager for, and has been duly authorized by the City <br />Council for, that Participating Public Jurisdiction and has full authority to execute the <br />Agreement on its behalf. <br />VIII. INDEMNITY <br />Each Subrecipient agrees to defend, indemnify, and hold the Lead Entity and its elected <br />officials, officers, directors, employees, agents, and designated volunteers harmless from and <br />against any and all loss, liability, damage, including reasonable attorney's fees and/or court <br />costs, arising out of or related to, and to the extent proximately caused by, the negligent acts <br />or omissions of the Subrecipient, or by the willful misconduct of Subrecipient, its elected <br />officials, officers, directors, employees, agents, and designated volunteers related to this <br />Agreement and the Subrecipient's use of any Local NSP Funds awarded by the Lead Entity <br />under this Agreement. <br />Furthermore, each Party agrees to defend, indemnify, and hold all other Participating Public <br />Jurisdictions and their respective elected officials, officers, directors, employees, agents, and <br />designated volunteers harmless from and against any and all loss, liability, damage,. including <br />reasonable attorney's fees and/or court costs, arising out of or related to, and to the extent <br />proximately caused by, the negligent acts or omissions of that Party, or by the willful <br />NSP Joint Agreement Page 6 <br />
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