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AG 2012 08 20
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AG 2012 08 20
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8/21/2012 1:00:56 PM
Creation date
11/27/2017 11:10:58 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/20/2012
Board
Board of Commissioners
Meeting Type
Regular
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environmental reviews described above and in 24 CFR 58.5 and 58.6. The Agency shall not be liable <br />for damage or injury caused solely by the negligence of the City its agents, officers, or employees. <br />In performing its duties under this section, the Agency shall at its sole expense defend the City of <br />Concord, its agents, officers, and employees with legal counsel reasonably acceptable to City. As <br />used in this subsection, "Charges" means claims, judgments, costs, damages, losses, demands, <br />liabilities, duties, obligations, fines, penalties, royalties, settlements, expenses, interest, reasonable <br />attorney's fees, and amounts for alleged violations of sedimentation pollution, erosion control, <br />pollution, or other environmental laws, regulations, ordinances, rules, or orders. Nothing in this <br />section shall affect any warranties in favor of the City that are otherwise provided in or arise out of <br />this contract. This section shall remain in force for a period of one year from the completion date <br />of Work despite termination of this Agreement (whether by expiration of the term or otherwise) <br />and termination of the services of the Agency under this Agreement. <br />19. The Agency shall ensure that the City has sufficient time to review and comment on all <br />environmental reviews as defined in paragraph 18, environmental assessments and environmental <br />impact statements that may have an impact on Agency's program(s). The Agency and City <br />depending on the length and complexity of the assessment or impact statement shall determine <br />"sufficient time ". <br />20. The Agency shall hold the City harmless for not certifying a project for the release of funds, or for <br />failing to approve an environmental assessment, or not make a "finding of no significant impact" if <br />the City did not certify a project because the City did not complete an environmental review (as <br />defined in paragraph 18 above) or because the City was unable to make the certification in good <br />faith. <br />D. FUNDING AND PAYMENT <br />1. The City will provide the Agency with funds received from HUD for the Project in accordance with <br />the approved budget for the Project (hereinafter "Project Budget ") or the actual cost of the Project, <br />whichever is less. The payment procedure under this Agreement shall be in accordance with the <br />following method: Payment shall be on a reimbursement basis, and upon receipt by the City of a <br />Requisition Form, (which shall be provided by the City) which shall reflect expenditures and <br />incurred expenses by budget line item. The Agency shall also provide support documentation such <br />as invoices for all expenditures included on the Requisition Form. <br />2. Requests for funds shall be made on a reimbursement basis and shall be received by the City within <br />thirty (30) days of the date the expenditure was made. Checks will be distributed by mail on <br />Fridays. Requests for checks must be received by 5:00 PM the preceding Friday so as to be <br />processed for the next check run. <br />3. Payments under this Agreement are limited to those HOME funds specified in the Project Budget, <br />but in no event will the total compensation and reimbursement, if any, to be paid hereunder <br />exceed the maximum sum of the agency's total allocation. <br />4. The Agency may contribute all or a portion of their annual allocation to a Community Housing <br />Development Organization (CHDO) participating in the Consortium's HOME program. A letter of <br />endorsement from the City /County Manager or Board Chairman must accompany the annual <br />application in which the contribution and resulting allocation reduction is addressed. In doing so, <br />the Agency will forfeit a percentage of their administration allocation. The amount allocated to the <br />Agency for administration costs will be six percent (6%) of the HOME funds retained for use by the <br />Attachment number 2 <br />F -7 Page 125 <br />
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