HomeMy WebLinkAbout111723 DISABLED RESOURCE SERVICES - CONTRACT - CONTRACT - 10/01/02 THE WOMENS CENTER OF LARIMER COUNTYRECIPIENT CONTRACT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
THIS AGREEMENT is entered into this 1st day of October, 2002 by and between
THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter
referred to as "the City") and THE WOMEN'S CENTER OF LARIMER COUNTY
(hereinafter referred to as "the Subrecipient").
WITNESSETH:
WHEREAS, the City has applied for and received funds from the United States
Government under Title 1 of the Housing and Community Development Act of 1974,
Public Law 93-383; and
WHEREAS, the City wishes to engage the Subrecipient to assist the City in
utilizing such funds.
NOW, THEREFORE, in consideration of the mutual promises of the parties, it is
agreed as follows:
I. Scope of Services/Performance Monitoring.
A. The Scope of Services to be rendered by the Subrecipient is attached as
Exhibit "A" hereto and made a part of this Contract. Subrecipient agrees
to perform the work described in Exhibit "A," Scope of Services, in
compliance with all provisions of this Contract. Subrecipient warrants and
represents that it has the requisite authority and capacity to perform all
terms and conditions on Subrecipient's part to be performed hereunder.
B. The City will monitor the performance of the Subrecipient against goals
and performance standards required herein. Substandard performance as
determined by the City will constitute non-compliance with this Contract.
If action to correct such substandard performance is not taken by the
Subrecipient within a reasonable period of time after being notified by the
City, contract suspension or termination procedures will be initiated.
H. Term of Contract.
Except as provided in Section VI, H, below, this Contract shall be in effect as long
as the Subrecipient retains control over Community Development Block Grant ("CDBG")
funds, including income generated from the funds. If Subrecipient retains control over
property purchased in whole or in part with CDBG funds, any income generated from the
property, including, but not limited to, rental income or income derived from the sale of
the property, shall be deemed program income and promptly remitted to the City. The
City's obligation to provide funding under this Contract shall be from October i, 2002, to
Subrecipient shall transfer to the City any CDBG funds on hand at the time
of expiration of this Contract and any accounts receivable of CDBG funds.
5. At the time of obtaining title or possession of any personal or real
property listed in Exhibit D, attached hereto and incorporated herein by this
reference, Subrecipient agrees to provide to the City, through an
appropriate lien, deed of trust, or other security instrument, such evidence
of the security interest in said property under this Agreement as the City
may deem appropriate, based upon the nature of the property, the Scope of
Services, the potential term of the security interest, and such other
reasonable considerations as the City may deem appropriate in protecting
its interest in the funds provided hereunder.
VIU. Personnel and Participant Conditions.
A. Civil Rights.
1. Compliance.
The Subrecipient agrees to comply with Chapter 13, Article II, of the City
Code and Title 24, Article 34, Parts 3 through 7, C.R.S., and with Title VI
of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights
Act of 1968, as amended, Section 109 of Title 1 of the Housing and
Community Development Act of 1974, Section 504 of the Rehabilitation
Act of 1973, the Americans With Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246, as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination.
The Subrecipient will not discriminate against any employee or applicant
for employment because of race, color, creed, religion, ancestry, national
origin, sex, disability or other handicap, age, marital status, or status with
regard to public assistance. The Subrecipient will take affirmative action to
ensure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rates of pay or other forms of
compensation and selection for training, including apprenticeship. The
Subrecipient agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the City setting
forth the provisions of this nondiscrimination clause.
3. Land Covenants.
This contract is subject to the requirements of Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) and 24 CFR 570 Part I. In regard to the sale,
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lease or other transfer of land acquired, cleared or improved with
assistance provided under this Contract, the Subrecipient shall cause or
require a covenant running with the land to be inserted in the deed or lease
for such transfer, prohibiting discrimination as herein defined, in the sale,
lease or rental, or in the use or occupancy of such land, or in any
improvements erected or to be erected thereon, providing that the
Subrecipient and the United States are beneficiaries of and entitled to
enforce such covenants. The Subrecipient, in undertaking its obligation to
carry the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant and will not itself so discriminate.
4. Section 504.
The Subrecipient agrees to comply with any federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 706), which prohibits discrimination against the handicapped in
any federally -assisted program. The contracting agency shall provide the
Subrecipient with any guidelines necessary for compliance with that portion
of the regulations in force during the term of this Contract.
B. Affirmative Action.
1. Approved Plan.
The Subrecipient agrees that it shall be committed to carry out pursuant to
the City's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September
24, 1965. The City shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The
Subrecipient shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds.
2. W/MBE.
The Subrecipient will use its best efforts to afford minority and women -
owned business enterprises the maximum practicable opportunity to
participate in the performance of this Contract. As used in this Contract,
the term "minority and female business enterprise" means a business at least
fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are
Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage
Americans, Asian -Americans and American Indians. The Subrecipient may
rely on written representations by Subrecipients regarding their status as
minority and female business enterprises in lieu of an independent
investigation.
3. Access to Records.
The Subrecipient shall fiunish and cause each of its subSubrecipients to
furnish all information and reports required hereunder and will permit
access to its books, records and accounts by the City, HUD, or its agent, or
other authorized federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and provisions stated herein.
4. Notifications.
The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or workers' representative of the Subrecipient's
commitments hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
5. EEO/AA Statement.
The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions.
The Subrecipient will include the provisions of Paragraphs VIII A, Civil
Rights, and B, Affirmative Action, in every subcontract or purchase order,
specifically or by reference, so that such provisions will be binding upon
each subSubrecipient or vendor.
C. Employment Restrictions.
1. Prohibited Activity.
The Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for political
activities; sectarian or religious activities; lobbying, political patronage and
nepotism activities.
2. OSHA.
Where employees are engaged in activities not covered under the
Occupational Safety and Health Act of 1970, they shall not be required or
permitted to work, be trained or receive services in buildings or
surroundings or under working conditions which are unsanitary, hazardous
or dangerous to the participants' health or safety.
3. Right to Know.
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Participants employed or trained for inherently dangerous occupations,
e.g., fire or police jobs, shall be assigned to work in accordance with
reasonable safety practices. The Subrecipient will comply with all
applicable 'Right to Know" Acts.
4. Labor Standards.
a. The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as
amended, the provisions of Contract Work Hours, the Safety
Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276,
327-333) and all other applicable federal, state and local laws and
regulations pertaining to labor standards insofar as those acts apply
to the performance of this Contract. The Subrecipient shall
maintain documentation which demonstrates compliance with hour
and wage requirements of this part. Such documentation shall be
made available to the City for review upon request.
b. The Subrecipient agrees that, except with respect to the
rehabilitation or construction of residential property designed for
residential use for less than eight (8) households, all contractors
engaged under contracts in excess of Two Thousand Dollars
($2,000) for construction, renovation or repair of any building or
work financed in whole or in part with assistance provided under
this Contract, shall comply with federal requirements adopted by
the City pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under
29 CFR Parts 3, 1, 5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journeymen; provided, that if
wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to
relieve the Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be
inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of this paragraph, for such
contracts in excess of Ten Thousand Dollars ($10,000).
5. "Section 3" Clause.
a. Compliance.
Compliance with the provisions of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701, the
regulations set forth in 24 CFR 135, and all applicable rules and
orders issued hereunder prior to the execution of this Contract,
shall be a condition of the federal financial assistance provided
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under this Contract and binding upon the City, the Subrecipient and
any subSubrecipients. Failure to fulfill these requirements shall
subject the City, the Subrecipient and any subSubrecipients, their
successors and assigns, to those sanctions specified by the Contract
through which federal assistance is provided. The Subrecipient
certifies and agrees that no contractual or other disability exists
which would prevent complaint with these requirements.
The Subrecipient finther agrees to comply with these "Section 3"
requirements and to include the following language in all
subcontracts executed under this Contract:
The work to be performed under this contract is a
project assisted under a program providing direct
federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12
U.S.C. 1701. Section 3 requires that to the greatest
extent feasible opportunities for training and
employment be given to lower income residents of
the project area and contracts for work in
connection with the project be awarded to business
concerns which are located in, or owned in
substantial part by persons residing in the areas of
the project.
The Subrecipient certifies and agrees that no contractual or other
disability exists which would prevent compliance with the
requirements.
b. Notifications.
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice
advising said labor organization or workers' representative of its
commitments under this Section 3 clause and shall post copies of
the notice in conspicuous places available to employees and
applicants for employment or training-
C
. Subcontracts.
The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the
subcontract upon a finding that the Subrecipient is in violation of
regulations issued by the City. The Subrecipient will not
subcontract with any subSubrecipient where it has notice or
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D. Conduct.
knowledge that the latter has been found in violation of regulations
under 24 CFR 135 and will not let any subcontract unless the
subSubrecipient has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
Assignability.
The Subrecipient shall not assign or transfer any interest in this Contract or
any property obtained using the funds provided under this Contract without
the prior written consent of the City thereto; provided, however, that
claims for money due or to become due to the Subrecipient from the City
under this Contract may be assigned to a bank, trust company or other
financial institution without such approval. Notice of any such assignment
or transfer shall be furnished promptly to the City.
2. Hatch Act.
The Subrecipient agrees that no funds provided, or personnel employed
under this Contract, shall be in any way or to any extent engaged in the
conduct of political activities in violation of Chapter 15 of Title V, United
States Code.
3. Conflict of Interest.
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflict of interest, and covenants that it presently has no
financial interest and shall not acquire any financial interest, direct or
indirect, which would conflict in any manner or degree with the
performance of services required under this Contract. The Subrecipient
further covenants that in the performance of this Contract, no person
having such a financial interest shall be employed or retained by the
Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer or elected official or
appointed official of the City, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement
program.
4. Subcontracts.
a. Approvals.
The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this Contract without the
written consent of the City prior to the execution of such contract.
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b. Monitoring.
The Subrecipient will monitor all subcontracted services on a
regular basis to assure compliance with both this Contract and the
applicable subcontract. Results of monitoring efforts shall be
summarized in written reports and supported with documented
evidence of follow-up actions taken to correct areas of
noncompliance.
C. Content.
The Subrecipient shall cause all of the provisions of this Contract in
its entirety to be included in and made a part of any subcontract
executed in the performance of this Contract.
d. Selection Process.
The Subrecipient shall undertake to ensure that all subcontracts let
in the performance of this Contract shall be awarded in a fair and
open competition basis. Executed copies of all subcontracts shall
be forwarded to the City, along with documentation concerning the
selection process.
5. Copyright.
If this Contract results in any copyrightable material, the City reserves the
right to royalty -free, non-exclusive and irrevocable license to reproduce,
publish or otherwise use and to authorize others to use, the work for
government purposes.
6. Religious Organization.
The Subrecipient agrees that funds provided under this Contract will not be
utilized for religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the federal
regulations specified in 24 CFR 570.2006).
IX. Environmental Conditions.
A. Air and Water.
The Subrecipient agrees to comply with the following laws and regulations, along
with any other environmental or public health related laws or regulations, insofar
as they apply to the performance of this Contract:
Clear Air Act, 42 U.S.C., 1857, et seq.;
E
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251,
et seq., as amended 1318 relating to inspection, monitoring, entry, reports
and information, as well as other requirements specified in said Section 114
and Section 308, and all regulations and guidelines issued thereunder;
Environmental Protection Agency (EPA) regulations pursuant to 40
CFR, Part 50, as amended;
National Environmental Policy Act of 1969; and
HUD Environmental Review Procedures (24 CFR Part 58).
B. Flood Disaster Protection.
The Subrecipient agrees to comply with the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of
land acquired, cleared or improved under the terms of this Contract, as it may
apply to the provisions of this Contract.
C. Lead -based Paint.
The Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Contract shall be subject to HUD
Lead -based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, and in
particular Subpart B thereof. Such regulations pertain to all HUD -assisted housing
and require that all owners, prospective owners, and tenants or properties
constructed prior to 1978 be properly notified that such properties may include
lead -based paint. Such notification shall point out the hazards of lead -based paint
and explain the symptoms, treatment and precautions that should be taken when
dealing with lead -based paint poisoning.
D. Historic Preservation.
The Subrecipient agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C.
470) and the procedures set forth in 36 CFR Part 800, Advisory Council on
Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this Contract.
In general, this requires concurrence from the State Historic Preservation Officer
for all rehabilitation and demolition of historic properties that are fifty (50) years or
older or that are included on a federal, state or local historic property list.
X. Entire Agreement/Governing Law.
The provisions set forth in Items I-XVIII, and all attachments of this Contract
constitute the entire agreement between the parties hereto and no statement, promise,
conditions, understanding, inducement or representation, oral or written, express or
implied, which is not contained herein shall be binding or valid. This Contract shall be
governed under the laws of the State of Colorado.
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date
first written above.
jAPPROV AS TO FORM:
Assistant City Attorney
A EST:
ecretary
(Seal, if appr riate)
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
The Women's Center of Latimer County
By:
Title: Board Presid t
By:
i
Title: Executive Director
Fed. I.D. # Sj y/- 0? 32 C3 I
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EXHIBIT "A"
SCOPE OF SERVICES
Provide a Health Care and Dental Program for 640 persons in accordance with the CDBG
Project Proposal submitted to the City on February 27, 2002 and as amended on May 7,
2002.
E
September 30, 2003, and shall be contingent upon full compliance by Subrecipient with all
terms and conditions set forth herein.
M. Payment.
If the Subrecipient is not in default hereunder, and subject to the City's receipt of
the Department of Housing and Urban Development CDBG funds, and provided that the
Contract and Scope of Services are eligible expenditures of CDBG funds, the City agrees
to pay the Subrecipient NINE THOUSAND SEVEN HUNDRED TWENTY FIVE AND
NO/100 ($9,725.00). Payment shall be made upon presentation of invoices which
Subrecipient certified are true and correct copies of payments due on behalf of the
Subrecipient, for an activity covered by this Contract and made in accordance and
compliance with the Scope of Services. In no event shall the Citys obligation to make
payment to the Subrecipient hereunder exceed NINE THOUSAND SEVEN HUNDRED
TWENTY FIVE AND NO/100 ($9725.00). Payments may be made during the term of
this Contract once a month in cases covering reimbursement for operation costs,
otherwise upon presentation of vouchers. Payment may be suspended by the City in the
event of nonperformance of Subrecipient. Payments may also be contingent upon
certification of the Subrecipient's financial management system in accordance with the
standards specified in OMB Circular A-110, Attachment F.
IV. Notices.
Communications and details concerning this Contract shall be directed to the
following Contract representatives:
City
CDBG Administrator
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
(970) 221-6758
V. Special Conditions.
Subrecipient
Executive Director
Women's Center of Latimer Co.
424 Pine Street #201
Fort Collins CO 80524
(970)484-1902
The Subrecipient agrees to comply with the requirements of Title 24 Code of
Federal Regulations, Part 570, of the Housing and Urban Development regulations
concerning Community Development Block Grants and all federal regulations and policies
issued pursuant to these regulations. The Subrecipient further agrees to utilize funds
available under this Contract to supplement rather than supplant funds otherwise available.
VI. General Conditions.
A. General Compliance.
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EXFIIBIT"C"
PROJECT BUDGET
Program Salaries $6,000
Direct Program $1,000
Facilities $1,072
Support Services $1,653
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EXH BIT "D"
No item or property will be liened under this Agreement.
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The Subrecipient agrees to comply with all applicable federal, state and local laws
and regulations governing the funds provided under this Contract.
B. Independent Contractor.
Nothing contained in this Contract is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all times remain an independent contractor
with respect to the services to be performed under this Contract. The City shall be
exempt from payment of all Unemployment Compensation, FICA, retirement, life
and/or medical insurance and Workers' Compensation insurance as the
Subrecipient is an independent Subrecipient.
C. Liability.
As to the City, Subrecipient agrees to assume the risk of all personal injuries,
including death resulting therefrom, to persons, and damage to and destruction of
property, including loss of use therefrom, caused by or sustained, in whole or in
part, in connection with or arising out of the performance or nonperformance of
this Contract by Subrecipient or by the conditions created thereby. Subrecipient
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against any and all claims, liabilities, costs, expenses,
penalties and attorney fees arising from such injuries to persons or damages to
property or based upon or arising out of the performance or nonperformance of
this Contract or out of any violation by Subrecipient of any statute, ordinance,
rule or regulation.
D. Workers' Compensation.
The Subrecipient shall provide Workers' Compensation insurance coverage for all
employees involved in the performance of this Contract.
E. Insurance and Bonding.
The Subrecipient shall carry sufficient insurance coverage to protect Contract
assets from loss due to theft, fraud and/or undue physical damage, and as a
minimum, shall purchase blanket fidelity bond covering all employees in an amount
equal to cash advances from the City.
F. Grantor Recognition.
The Subrecipient shall ensure recognition of the role of the City in providing
services through this Contract. All activities, facilities and items utilized pursuant
to this Contract shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein in all
publications made possible with funds made available under this Contract. Such
labeling and/or reference shall include the following credit line: "This project is
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partially supported by a Community Development Block Grant from the City of
Fort Collins."
G. Amendments.
The City or Subrecipient may amend this Contract at any time, provided that such
amendments make specific reference to this Contract and are executed in writing,
signed by a duly authorized representative of both organizations. Such
amendments shall not invalidate this Contract, nor relieve or release the City or
Subrecipient from its obligations under this Contract, except as expressly provided
therein.
The City may, in its discretion, amend this Contract to conform with federal, state
or local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result in a change in the funding, the Scope of
Services, or schedule of the activities to be undertaken as part of this Contract,
such modifications will be incorporated only by written amendment signed by both
the City and Subrecipient.
H. Suspension or Termination.
Either party may terminate this Contract at any time by giving written
notice to the other party of such termination and specifying the effective
date thereof at least thirty (30) days before the effective date of such
termination. Partial terminations of the Scope of Service in Paragraph I
above may only be undertaken with the prior approval of City.
2. The City may also suspend or terminate this Contract, in whole or in part,
if Subrecipient materially fails to comply with any term of this Contract, or
with any of the rules, regulations or provisions referred to herein; and the
City may declare the Subrecipient ineligible for any further participation in
City CDBG contracts, in addition to other remedies as provided by law. In
the event there is probable cause to believe the Subrecipient is in
noncompliance with any applicable laws, rules, or regulations, the City may
withhold up to one hundred (100) percent of said Contract funds until
such time as the Subrecipient is found to be in compliance by the City or is
otherwise adjudicated to be in compliance, or to exercise the City's rights
under any security interest of the City arising hereunder.
3. In the event of any termination, all finished or unfinished documents, data,
studies, surveys, maps, models, photographs, reports or other materials
prepared by Subrecipient under this Contract shall, at the option of the
City, become the property of the City, and Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work
completed on such documents or materials prior to the termination.
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4. This Contract, and the City's obligations under it, will automatically
terminate in the event of suspension or non -receipt of CDBG funds by the
City.
VU. Administrative Requirements.
A. Financial Management.
Accounting Standards.
The Subrecipient agrees to comply with OMB Circular A-110 and agrees
to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls and maintain necessary source
documentation for all costs incurred.
2. Cost Principles.
The Subrecipient shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non -Profit Organizations", or A-21,
"Cost Principles for Educational Institutions", or A-87, "Cost Principles for
State, Local, and Indian Tribal Governments", as applicable; for all costs
incurred whether charged on a direct or indirect basis.
B. Documentation and Record -keeping.
1. Records to be Maintained.
The Subrecipient shall maintain all records required by the federal
regulations specified in 24 CFR Part 570.506 and that are pertinent to the
activities to be funded under this Contract. Such records shall include but
not be limited to:
a. Records providing a full description of each activity
undertaken;
b. Records demonstrating that each activity undertaken
meets one of the National Objectives of the CDBG program;
C. Records required to determine the eligibility of
activities;
d. Records required to document the acquisition,
improvement, use or disposition of real property acquired or
improved with CDBG assistance;
e. Records documenting compliance with the fair
housing and equal opportunity components of the CDBG program;
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f. Financial records as required by 24 CFR Part
570.502, and OMB Circular A-110; and
g. Other records necessary to document compliance
with Subpart K of 24 CFR 570.
2. Retention.
The Subrecipient shall retain all records pertinent to expenditures incurred
under this Contract for a period of three (3) years after the termination of
all activities funded under this Contract, or after the resolution of all
Federal audit findings, which ever occurs later. Records for non -
expendable property acquired with funds under this Contract shall be
retained for three (3) years after final disposition of such property.
Records for any displaced person must be kept for three (3) years after
he/she has received final payment.
3. Client Data.
The Subrecipient shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to: client
name, address, income level or other basis for determining eligibility, and
description of service provided. Such information shall be made available
to City monitors or their designees for review upon request.
4. Property Records.
The Subrecipient shall maintain real property inventory records which
clearly identify properties purchased, improved or sold. Properties retained
shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Objectives.
The Subrecipient agrees to maintain documentation that demonstrates that
the activities carried out with fiords provided under this Contract meet one
or more of the CDBG program's national objectives: (1) benefit
low/moderate income persons as Exhibit B attached hereto and
incorporated herein by this reference (2) aid in the prevention or
elimination of slums or blight, or (3) meet community development needs
having a particular urgency, as defined in 24 CFR Part 570.208.
6. Close-outs.
Subrecipient obligation to the City shall not end until all close-out
requirements are completed. Activities during this close-out period shall
include, but are not limited to: making final payments, disposing of
program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts
to the City), and determining the custodianship of records.
7. Audits and Inspections.
a. All Subrecipient records with respect to any matters covered by this
Contract shall be made available to the Subrecipient, the City, their
designee or the Federal Government, at any time during normal
business hours, as often as the Subrecipient or City deems
necessary, to audit, examine and make excerpts or transcripts of all
relevant data Any deficiencies noted in audit reports must be fully
cleared by the City within thirty (30) days after receipt by the City.
Failure of the Subrecipient to comply with the above requirements
will constitute a violation of this contract and may result in the
withholding of future payments.
b. Subrecipient acknowledges that the federal funds subgranted to it
are subject to the Single Audit of the City. The City, the U.S.
Department of Housing and Urban Development, the Comptroller
General of the U.S. or any of their duly authorized representatives
or auditors, shall have access to any books, documents, papers and
records of the Subrecipient or its auditors which are directly
pertinent to the Contract for the purpose of the City's Single Audit.
All financial records pertaining to this Contract upon completion
shall remain the property of the City.
C. If Subrecipient expends $300,000 or more of federal awards
(including, but not limited to funds received from the City pursuant
to this Agreement), within any of its fiscal years during which this
Agreement is in force, Subrecipient agrees to have a Single Audit
performed, at no cost to the City, in accordance with the Single
Audit Act Amendments of 1996 and OMB Circular A-133. In the
event that the expenditures of $300,000 or more indicated above
are all pursuant to this Agreement, Subrecipient may elect to have a
program -specific audit conducted in accordance with said Act and
Circular. Said audit shall be submitted to the Office of the
Controller of the City within nine (9) months after the end of
Subrecipient's fiscal year for which the audit is performed.
C. Monitoring and Evaluation.
The City reserves the right to monitor and evaluate the progress and performance
of the Subrecipient to assure that the terms of this Contract are being satisfactorily
met in accordance with City and other applicable monitoring and evaluating
criteria and standards. Subrecipient shall cooperate with City relating to such
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monitoring and evaluation, and make available to the City any documents or other
information requested by the City or relevant to the City's monitoring and
evaluation.
D. Reporting and Payment Procedures.
1. Budgets.
A detailed contract budget for Subrecipient's proposed project, as
described in Exhibit A, and the specific use of the funds provided to
Subrecipient under this and other City grant programs, is included as
Exhibit C, attached hereto and incorporated herein by this reference. The
City and the Subrecipient may revise the budget from time to time in
accordance with existing City policies, by amendment of this Agreement.
2. Program Income.
The Subrecipient shall report yearly all program income, as defined at 24
CFR 570.500(a) generated by activities carried out with CDBG funds made
available under this Contract, including, but not limited to, any rental
income or income derived from the sale of the property. The use of
program income by the Subrecipient shall comply with the requirements set
forth at 24 CFR 570.504. By way of further limitations, the Subrecipient
may use such income during the Contract period for activities described in
the attached Scope of Services and shall report any such income received
and allocated to the Work to the City and reduce requests for additional
funds by the amount of any such program income balances on hand. All
program income not used in accordance with this Section shall be returned
to the City at the end of the Contract period. Any interest earned on cash
advances from the U.S. Treasury is not program income and shall be
remitted promptly to the City.
3. Indirect Costs.
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate City share of administrative
costs and shall submit such plan to the City for approval prior to
submission of requests for any payments for the same.
4. Payment Procedures.
The City will pay to the Subrecipient funds available under this Contract
based upon information submitted by the Subrecipient and consistent with
any approved budget and City policy concerning payments. With the
exception of certain advances, payments will be made for eligible expenses
actually incurred by the Subrecipient, and not to exceed actual cash
requirements. Payments will be adjusted by the City in accordance with
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advance fund and program income balances available in Subrecipient
accounts. In addition, the City reserves the right to liquidate funds
available under this Contract for costs incurred by the City on behalf of the
Subrecipient.
5. Progress Reports.
The Subrecipient shall submit regular Progress Reports to the City in the
form, content and frequency as required by the City.
E. Procurement.
1. Compliance.
The Subrecipient shall comply with current City policy concerning the
purchase of equipment and shall maintain an inventory record of all non -
expendable personal property as defined by such policy as may be procured
with funds provided herein. All program assets (unexpended program
income, property, equipment, etc.) shall revert to the City upon termination
of this Contract, except as otherwise specifically provided.
2. OMB Standards.
The Subrecipient shall procure materials in accordance with the
requirements of Attachment O of OMB Circular A-I10, Procurement
Standards, and shall subsequently follow Attachment N, Property
Management Standards, covering utilization and disposal of property.
3. Relocation, Acquisition and Displacement.
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds and to
the displacement of persons, businesses, non-profit organizations and farms
occurring as a direct result of any acquisition of real property utilizing
grant funds.
4. Property Acquired With Program Funds.
Subrecipient agrees to use all personal assets and all real property, acquired
or improved, in whole or in part, with CDBG funds, as set forth in Exhibit
"A." In the event Subrecipient ceases to use a personal asset or real
property acquired or improved, with CDBG funds, in accordance with
Exhibit "A," the Subrecipient shall return the personal asset or real
property to the City, or pay to the City a sum equal to its fair market value,
less any portion of the value attributable to expenditures of non-CDBG
funds for the acquisition of, or improvement to, the asset or property. The
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