HomeMy WebLinkAbout124926 RESPITE CARE INC - CONTRACT - CONTRACT - RESPITE CARE (2)RECIPIENT CONTRACT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP FUNDING
THIS AGREEMENT is entered into by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation (hereinafter referred to as "the City')
and RESPITE CARE, INC. (hereinafter referred to as "the Subrecipient") for sliding
scale tuition assistance.
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 under Title II of the Cranston -Gonzales National Affordable
Housing Act; 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.
II. 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") and/or HOME funds, including income generated from the funds. The Citys
obligation to provide funding under this Contract shall be from October 1, 2003 to
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/HOME 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/HOME 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/HOME funds for the acquisition of, or improvement to, the
asset or property. The Subrecipient shall transfer to the City any
CDBG/HOME funds on hand at the time of expiration of this Contract and
any accounts receivable of CDBG/HOME funds.
5. No Liens on Items or Property.
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. Subrecipient
further agrees that in addition to, or in lieu of the above, the City may
require the execution and recordation of Deed Restrictions on real
property purchased in connection herewith, in order to protect the City's
interest in the funds provided hereunder.
VIII. 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
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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 1. In regard to the sale,
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.
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B. Affirmative Action.
1. Approved Plan.
The Subrecipient agrees that it shall be committed to carry out pursuant
to the Citys 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 furnish 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.
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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.
F GNU 41 q
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.
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
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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) units, 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,
and/or with respect to the rehabilitation or construction of
residential property where there are more than 12 HOME -assisted
units, the Subrecipient 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.
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
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 further 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
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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
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.
D. Conduct.
1. 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
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other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the City.
2. 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 HOME and/or CDBG
Entitlement program.
3. 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.
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
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open competition basis. Executed copies of all subcontracts shall
be forwarded to the City, along with documentation concerning the
selection process.
4. 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.
5. 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.
When applicable, no funds shall be obligated or expended until an
Environmental Review is completed and accepted by HUD and the City of Fort
Collins.
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.;
• 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. Compliance measures may include, but
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are not limited to, maintaining flood insurance, structural adaptation or other
mitigation as required.
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, and shall be inspected for lead hazards prior to
purchase or rehabilitation.
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 -IX, 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 of
the most recent signatory.
Date: q - - 0 3
ATTEST:
r ff
O�
n If
; ,C}ty Clerk
'y
tPPbVE AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: ("�0- �aldL 1/
John F. Fi Bach, City Manager
RESP CARE, INC.
Date: 3 By:
0
r President, Board of Directors
ATTEST:
Board Secretary
(Corporate Seal)
By: , �-�
Execu ' irector
Federal I.D. #: ` F ( G , S_j
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September 30, 2004 and shall be contingent upon full compliance by Subrecipient with
all terms and conditions set forth herein.
III. 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 and HOME funds, and
provided that the Contract and Scope of Services are eligible expenditures of CDBG and
HOME funds, the City agrees to pay the Subrecipient CDBG funding of NINE
THOUSAND THREE HUNDRED SEVENTY-TWO DOLLARS ($9,372). 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 City's obligation to make payment to the Subrecipient hereunder
exceed NINE THOUSAND THREE HUNDRED SEVENTY-TWO DOLLARS ($9,372).
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 Title 24, CFR, Part
85.
IV. Notices.
Communications and details concerning this Contract shall be directed to the following
Contract representatives:
City of Fort Collins:
CDBG/HOME Administrator
Advance Planning Department
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
(970) 221-6758
V. Special Conditions.
Subrecipient:
Sherry Pelton, Executive Director
Respite Care, Inc.
400 Wood Street
Fort Collins CO 80521
(970) 484-1511
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, Title II of the Cranston -Gonzales
National Affordable Housing Act 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.
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EXMBIT A
SCOPE OF SERVICES
Respite Care, Inc. will provide sliding scale tuition assistance to very -low, low, and
moderate income families in accordance with Childcare Collaborative's Spring 2003
Competitive Process proposal and as approved by City Council on May 20, 2003•
It is anticipated that Respite Care, Inc. will serve approximately 11 clients over the
course of this 12-month contract.
EXHIBIT B
INCOME LIMITS
2003 Income Limits (as of 2/24/03)
2003 Median Income for a Family of 4: $64,800
Household members
Income
(% AMI*)
1
2
3
4
5
6
7
8
100%
45,375
51,812
58,312
64,800
70,000
75,187
80,175
85,562
80%
36,300
41,450
46,650
51,850
56,000
60,150
64,300
68,450
50%
22,700
25,900
29,150
32,400
35,000
37,600
40,200
42,750
30%
13,600
15,550
17,500
19,450
21,000
22,550
24,100
25,650
* AMI = Area Median Income
EXHIBIT C
PROJECT BUDGET
Respite Care, Inc.
Sliding scale tuition assistance serving approximately 11 children from very -low, low,
and moderate income families: $9,372
Total: $9,372
EX)FIIBIT D
No item or property will be liened under this agreement.
VI. General Conditions.
A. General Compliance.
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.
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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
partially supported by a Community Development Block Grant and/or a HOME
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.
1. 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/HOME 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
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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.
4. This Contract, and the City's obligations under it, will automatically
terminate in the event of suspension or non -receipt of CDBG/HOME
funds by the City.
VII. Administrative Requirements.
A. Financial Management.
1. Accounting Standards.
The Subrecipient agrees to comply with 24 CFR Part 85 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;
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b. When applicable, 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/HOME assistance;
C. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG/HOME program;
f. Financial records as required by 24 CFR Part 570.502, and 24 CFR
Part 85; 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 five (5) 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 five (5) years after final disposition of such property.
Records for any displaced person must be kept for five (5) 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).
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5. National Objectives.
When CDBG funding is used, the Subrecipient agrees to maintain
documentation that demonstrates that the activities carried out with funds
provided under this Contract meet one or more of the CDBG program's
national objectives: (1) benefit low/moderate income persons, (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, specific documentation of which shall be maintained in the
project file.
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
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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 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 C, and the specific use of the funds provided to
Subrecipient under this and other City grant programs, is included as
Exhibit A, 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 and/or
HOME 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
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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 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. Applicable Standards.
The Subrecipient shall procure materials in accordance with the
requirements of 24 CFR Part 85.36, covering procurement, and shall
subsequently follow 24 CFR Parts 85.31 and 85.32, covering utilization
and disposal of property.
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