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2009-073-RES-TDHCA Home Program
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2009-073-RES-TDHCA Home Program
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Last modified
8/21/2012 12:38:44 PM
Creation date
8/21/2009 8:24:45 AM
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CITY CLERK
Doc Name
2009-073
Doc Type
Resolution
CITY CLERK - Date
7/13/2009
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this contract. 4n executed faesimile copy will be sufficient to evidence the Parties <br />agreenlent to any amendment, revision or change to this contract. <br />B. It is understood and agreed by the Parties hereto that performance of all activities under <br />this contract must be rendered in accordance with the Act, the state and federal <br />regulations proinulo-ated under the Act, the assurances and certifications made to <br />Department by Administrator, and the assurances and certifications made to the United <br />States Department of Housina and Urban Development by the State of Texas with regard <br />to the operation of the HOME Program. Further, the Department may issue guidance <br />which serves to interpret or clarify the perfonnance requirements under this contract. <br />C. Any changes, additions, or deletions to the terms of this contract which are required by <br />chan-es in federal or state law, or re-ulations, are automatically incorporated into this <br />contract without the requirement of a written amendment hereto, and shall become <br />effective on the date designated by such law or regulation. <br />D. Amendment requests must be submitted in writing by Administrator ninety (90) days <br />prior to this contract's termination date, as specified in Section 1. <br />SECTTON 16. SUSPENSION <br />In the event Administrator fails to comply with any term of this contract, Department may, upon <br />written notification to Administrator, suspend this contract in whole or in part, withhold further <br />disbursements to Administrator, and prohibit Administratar from incumnc, additional obligations <br />for funds under this contract_ Administrator acknowledges that it does not have a right to <br />suspension as a pre-requisite to terrnination. <br />SECTION 17. TERMINATION <br />A. Department may terminate this contract in whole or in part, in accordance with this <br />section. In the event Administrator fails to comply, in Department's sole discretion and <br />judgment, with any term of this contract, or any term stated in a federal statute or <br />regulation, or with any assurance -iven to Department by Administrator, or with any term <br />in a state plan, or with Administrator's application, the notice of award, or elsewhere <br />Department may take any of the following actions: <br />1. Temporarily withhold disbursements pending correction of the deficiency by <br />Administrator; <br />2. disallow all or part of the cost of the activity or action not in compliance; <br />3. suspend this contract upon written notification to Administrator of the deficiency <br />and the period within which Administrator must comply; <br />4. accept Adrninistrator's failure to comply or correct any deficiency within the time <br />penod set forth in any written notice of suspension as evidence of Administrator's <br />inability to perform under the terms of this contract, Administrator's intent to <br />terminate this contract and Administrator's ac-,reement to sunender all rights to <br />remaining funds; <br />5. withhold further HOME awards from Administrator, and/or affiliated Parties; <br />ATTACHMENT .A <br />NOME Contract #1001053 <br />Page 11 of 21 <br />
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