HomeMy Public PortalAboutLOS ANGELES UNIFIED SCHOOL DISTRICTSUBRECIPIENT AGREEMENT
This SUBRECIPIENT AGREEMENT (the "Agreement"), is made and entered into
on this 1st day of July, 2013, by and between the CITY OF CARSON, a general law city
and municipal corporation (the "City"), and the LOS ANGELES UNIFIED SCHOOL
DISTRICT, ("Subrecipient")(collectively, the "Parties") regarding Subrecipient's operation
of the Carson Coordinating Council's Carson Child Guidance Program.
R E C I T A L S
WHEREAS, the City has entered into various funding agreements with the United
States Department of Housing and Urban Development ("HUD"), which funding
agreements provide Community Development Block Grant funds ("CDBG Funds") to the
City pursuant to the Federal Housing and Community Development Act of 1974, codified
at 42 U.S.C. Section 5301 et seq., as amended from time to time (the "Act"), and the
regulations promulgated thereunder, codified at 24 Code of Federal Regulations Section
570 et seq. (the "Regulations"); and
WHEREAS, the Act provides that the City may grant CDBG Funds to nonprofit
organizations for certain purposes allowed under the Act; and
WHEREAS, the Subrecipient is a nonprofit organization which operates a
program which is eligible for a grant of CDBG Funds; and
WHEREAS, the City desires to assist in the operation of the Subrecipient's
program by granting CDBG Funds to the Subrecipient in order to pay for all or a portion
of the costs incurred in operating the program, subject to the terms and conditions more
particularly set forth in this Agreement; and
WHEREAS, this Agreement is not intended to create, nor shall it be construed as
creating, any rights in any third parties not a party to the same, but rather this Agreement
is intended to assist Subrecipient in providing cost effective services to the community it
serves, as described in this Agreement; and
NOW, THEREFORE, the Parties hereto agree as follows:
1.0 SERVICES OF SUBRECIPIENT.
1.1 Scope of Services. Subrecipient agrees to provide to City all of
the services specified and detailed in both its application for CBDG Funds (the
"Application") and in the "Scope of Services" attached hereto and incorporated herein as
Exhibit "A" to this Agreement. Subrecipient represents and warrants to City that it is
able to and will use the CDBG Funds granted by the City for the purpose of providing the
services set forth in its Application and Exhibit "A", and only for that purpose.
Subrecipient further represents and warrants that it will adhere to the terms of the
Application and this Agreement in providing said services.
1.2 National Ob*ective. Subrecipient certifies that the services
provided with the CDBG Funds will meet the CDBG program's national objective of
benefitting low and moderate income persons, as defined in 24 CFR Part 570.208.
1.3 Special Requirements. Additional terms and conditions of this
Agreement, if any, are set forth in the "Special Requirements" attached hereto and
incorporated herein as Exhibit "B" to this Agreement.
1.4 Standard of Care. Subrecipient hereby represents and warrants
to City that all services rendered pursuant to this Agreement will be performed in a
competent, professional, and satisfactory manner. As a material inducement to City to
enter into this Agreement, Subrecipient hereby further represents and warrants that it
has the experience and skills necessary to undertake the services to be provided herein.
1.5 Compliance with Laws. All services rendered by Subrecipient
pursuant to this Agreement shall be performed in accordance with all ordinances,
resolutions, statutes, rules, and regulations of City and/or any federal, state or local
governmental agency having jurisdiction at the time such services are rendered.
1.6 Reports. No later than fifteen (115) days prior to any payment date
specified in Section 2.1 of this Agreement, within fifteen (15) days following the
termination of this Agreement, and at such other times as the Contract Officer shall
request, Subrecipient shall provide the Contract Officer with a written report describing
the services provided during the period of time since the last report and accounting for
the specific expenditures of any portion of the Contract Sum, if applicable. At the times
and in the manner required by law, the Subrecipient shall provide to the City, HUD, the
Comptroller General of the United States, and any other individual or entity, or their duly
authorized representatives, any and all reports and information required for compliance
with the Act and/or the Regulations.
1.7 Financial Reporting. Any Subrecipient receiving or due to receive
$20,000.00 or more from the City during the current fiscal year (July 1, 2013 through
June 30, 2014) (the "Fiscal Year") shall provide the City with a financial statement which
has been completed within the most recent twelve (12) months and which shows that the
Subrecipient's financial records have been kept in accordance with generally accepted
accounting standards ("Financial Statement"). This Financial Statement shall be
prepared by a recognized accounting firm that is approved by or satisfactory to City's
Chief Financial Officer, and shall include a general ledger balance sheet which identifies
revenue sources and expenses in sufficient detail to demonstrate compliance with this
Agreement and which is balanced with Subrecipient's bank statements. Any
organization receiving or due to receive less than $20,000.00 from the City in the Fiscal
Year shall provide the City with a copy of the organization's most recent charitable trust
report to the Attorney General, or other financial information satisfactory to the City's
Chief Financial Officer. The financial information that must be provided pursuant to this
paragraph shall be furnished to the City's Chief Financial Officer not later than January
31s' of the current Fiscal Year.
1.8 Audits and Inspections. All Subrecipient records concerning any
matter covered by this Agreement shall be made available to the City, HUD, and the
Comptroller General of the United States, or any of their authorized representatives, at
any time during normal business hours, as often as is deemed necessary by those
entities in order to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within
thirty (30) days after receipt of such reports by the Subrecipient. Failure by the
Subrecipient to comply with these audit requirements will constitute a breach of this
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Agreement and may result in the withholding of future payments thereunder. The
Subrecipient hereby agrees to have an annual agency audit conducted in accordance
with current City policy concerning Subrecipient audits and OMB Circular A-1 33.
2.0 COMPENSATION.
2.1 Contract Sum. The City shall pay to Subrecipient for the services
to be provided hereunder, on a reimbursable basis, a sum not to exceed TEN
THOUSAND DOLLARS NINE HUNDRED THIRTY-SIX DOLLARS AND NO CENTS
($10,000.00) (the "Contract Sum"), in accordance with the "Schedule of Compensation"
attached hereto and incorporated herein as Exhibit "C" to this Agreement, which sum
shall constitute full and complete reimbursement for the implementation of this
Agreement for the entire Term thereof. Subrecipient shall submit to the City monthly
statements of reimbursable expenditures pursuant to the attached "Schedule of
Compensation", along with pertinent supporting documentation. The City shall promptly
review the monthly expenditure statements and, upon approval, reimburse Subrecipient
for its authorized operating costs.
2.2 Payroll Records. In cases where the Contract Sum will reimburse
payroll expenses as part of operations, Subrecipient shall establish a system for
maintaining accurate payroll records which will track daily hours charged to the project
by Subrecipient's employees, as set forth in OMB Circular A-122 Attachment B.6.
2.3 Draw Downs. Failure by Subrecipient to request reimbursement
or encumbrance of at least 25% of the Contract Sum by the end of each Fiscal Year
quarter (i.e. by September 30, December 30, March 31, and June 30, respectively) shall
result in the immediate forfeiture of 25% of the Contract Sum, unless th is requirement is
waived by the Contract Officer. The Contract Officer reserves the sole and unfettered
right to determine whether the circumstances warrant such a waiver. Any such waiver
by the Contract Officer shall not be deemed to waive or render unnecessary
Subrecipient's compliance with this provision for the remainder of the Term of this
Agreement.
2.4 Default. In the event that Subrecipient defaults under any of the
terms and conditions of this Agreement, City shall have no obligation to continue
compensating Subrecipient for any work performed after the date of such default. The
City's consent to or approval of any default by the Subrecipient shall not be deemed to
waive the City's rights under this provision with respect to any subsequent default.
2.5 Completion of Work. City reserves the right to withhold 10% of
the Contract Sum until a Certificate of Completion is issued by the City.
3.0 COORDINATION OF THE WORK.
3.1 Representative of Subrecipien . The following principal(s) and/or
representative(s) of Subrecipient are hereby designated as the person(s) authorized to
act on Subrecipient's behalf with respect to the services specified herein and to make all
decisions in connection therewith:
Cyndy Lum, Program Director
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3.2 Contract Officer. The "Contract Officer" shall be such person as
may be designated by the City's City Manager.
3.3 Prohibition Against Subcontractinq or Assignment. Subrecipient
shall not contract with any other entity to perform, in whole or in part, the services to be
provided pursuant to this Agreement without the express written approval of the City.
Neither this Agreement, nor any interest created by it, may be assigned or transferred by
Subrecipient, voluntarily or by operation of law, without the prior written approval of the
City.
3.4 Independent Contractor. Except as otherwise set forth herein,
neither the City, nor any of its agents or employees, shall have any control over the
manner, mode, or means by which Subrecipient, or its agents or employees, perform the
services to be provided pursuant to this Agreement. Subrecipient shall perform all such
services as an independent contractor of the City, and shall remain at all times as to the
City a wholly independent contractor with only such obligations as are consistent with
that role. Subrecipient shall not at any time or in any manner represent that it, or any of
its agents or employees, are agents or employees of the City.
4.0 INSURANCE AND INDEMNIFICATION.
4.1 Insurance. Subrecipient shall procure and maintain, at its sole
cost and expense, public liability and property damage insurance against claims for
injuries against persons or damages to property resulting from Subrecipient's acts or
omissions arising out of or related to Subrecipient's performance under this Agreement.
Subrecipient shall also carry Workers' Compensation Insurance in accordance with
State Workers' Compensation laws. The amount of insurance required hereunder shall
be as required by the Contract Officer, but shall not be less than One Million Dollars
($1,000,000). Such insurance shall be kept in effect during the term of this Agreement
and shall not be cancelable or materially changed without thirty (30) days prior written
notice to City, and shall be issued by an insurer rated "A" or better in the most recent
edition of Best's Insurance Guide. A certificate evidencing the foregoing and naming the
City as an additional insured shall be delivered to and approved by the City prior to
Subrecipient's commencement of the services to be provided hereunder. The
procurement of such insurance shall not be construed as a limitation on Subrecipient's
obligation to indemnify the City, its officers and/or employees pursuant to section 4.2 of
this Agreement.
4.2. Indemnification. Subrecipient shall defend, indemnify and hold
harmless the City, its officers and/or employees, from and against any and all actions,
suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs
and attorneys' fees, for injury to or death of person(s), for damage to property (including
property owned by the City) arising out of or related to Subrecipient's performance under
this Agreement, except for such loss as may be caused by City's own negligence or that
of its officers and/or employees.
5.0 DISCRIMINATION, TERMINATION, AND ENFORCEMENT.
5.1 Covenant Against Discrimination. Subrecipient covenants that, by
and for itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of any person or group
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of persons on account of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, pregnancy, marital status, age, sexual
orientation, or any other basis pertaining to a Protected Characteristic under applicable
federal, state, or local law.
5.2 Term. Unless earlier terminated in accordance with Section 6.3 of
this Agreement, this Agreement shall continue in full force and effect until such time as
Subrecipient has completed the services set forth in Exhibit "A", but for a term not to
exceed one (1) year from the date on which this Agreement was executed by the Parties
("Term").
5.3 Termination Prior to Expiration of Term. Either party may
terminate this Agreement at any time, with or without cause, upon thirty (30) days'
written notice to the other party. Upon receipt of such notice of termination, Subrecipient
shall immediately cease all services hereunder except as may be specifically approved
by the Contract Officer. Subrecipient shall be entitled to compensation for all services
rendered prior to receipt of the notice of termination, and City shall be entitled to
reimbursement for any services that have been paid for but not rendered.
6.0 MISCELLANEOUS PROVISIONS.
6.1 Conflicts of Interest. Subrecipient, its agents and employees shall
comply with applicable federal, state, and local laws and regulations governing conflict of
interest. Subrecipient covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, that may be affected by the services to be performed by it
under this Agreement, or that would conflict in any manner with the performance of its
services hereunder. Subrecipient further covenants that, in performing this Agreement,
no person having any such interest shall be employed by it. Furthermore, Subrecipient
shall avoid the appearance of having any interest that would conflict in any manner with
the performance of its services pursuant to this agreement. Subrecipient agrees not to
accept any employment or representation during the term of this Agreement that is or
may likely make Subrecipient "financially interested" (as provided in California
Government Code Sections 1090 and 87100) in any decision made by City on any
manner in connection with which Subrecipient has been retained pursuant to this
Agreement.
6.2 Warranty and Representation of Non -Collusion. City hereby
warrants and represents that no official, officer, or employee of the City has any financial
interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of
the City participate in any decision relating to this Agreement which may affect his/her
financial interest or the financial interest of any corporation, partnership, or association in
which (s)he is directly interested, or in violation of any state or municipal statute or
regulation. The determination of "financial interest" shall be consistent with State law
and shall not include interest found to be "remote" or "non interest" pursuant to California
Government Code Sections 1091 and 1091.5. Subrecipient hereby warrants and
represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of
value to any third party including, but not limited to, any City official, officer, or employee,
as a result or consequence of obtaining or being awarded any agreement. Subrecipient
is aware of and understands that any such act(s), omission(s), or other conduct resulting
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in the payment of money, consideration, or other thing of value will render this
Agreement void and of no force and effect.
Subrecipient Representative Initials
6.3 Prohibited Activity. Subrecipient is prohibited from using CDBG
Funds provided herein, or personnel employed in the administration of the program for
which those funds have been granted, for any of the following activities: political
activities, activities of an inherently religious nature, lobbying, political patronage, and
nepotism activities. Religious entities may use CDBG funds for secular activities only in
accordance with the federal regulations specified in 24 CFR 570.200 0), regarding such
activities as worship, religious instruction, or proselytization.
6.4 Non -Waiver of Terms, Rights and Remedies. Waiver by either
party of any of the conditions of performance under this Agreement shall not be a waiver
of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Subrecipient constitute or be construed as a waiver by
City of any breach of covenant, or any default that may then exist on the part of
Subrecipient, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
Failure on the part of City to act with respect to a breach by Subrecipient shall not
constitute a waiver of City's right to act with respect to subsequent or similar breaches.
The failure of City to enforce any right or provision shall not constitute a waiver of such
right or provision.
6.5 Attorney's Fees. In the event that either party to this Agreement
shall commence any legal action or proceeding to enforce or interpret the provisions of
this Agreement, the prevailing party in such action or proceeding shall be entitled to
recover its costs of suit, including reasonable attorney's fees. The venue for any such
litigation shall be Los Angeles County.
6.6 Notice. Any notice, demand, request, document, consent,
approval, or communication either party desires or is required to give to the other party
shall be in writing and either served personally or sent by prepaid, first class mail to the
address set forth below, or such other addressed as may from time to time be
designated by mail.
City: Keith Bennett
Community Development Department
City of Carson
701 East Carson Street
Carson, California 90745
With a Copy to: Aleshire & Wynder, LLP
Continental Park Terrace
2361 Rosecrans Avenue, Suite 475
El Segundo, California 90245
Attention: William W. Wynder, Esq.
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Subrecipient: Cyndy Lum
Program Director
Carson Child Guidance Program
340 West 224 th Street
Carson, California 90745
6.7 Exhibits. All documents referenced as exhibits in this Agreement
are hereby incorporated into this Agreement as if set forth fully herein.
6.8 Entire Agreemen . This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between City and Subrecipient. This Agreement supersedes all prior oral or
written negotiations, representations, or agreements. This Agreement may not be
amended, nor any provision outreach hereof waived, except in a writing signed by the
parties that expressly refers to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
first above written.
Dated: 0 C? 15-/// 3
ATTEST:
Donesia Ga -use, CMC, City Clerk
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
City Attorn*
CITY OF CARSON, CALIFORNIA
By: aa�
Jim Dear, Mayor
(SIGNATURES CONTINUED ON NEXT PAGE)
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SUBRECIPIENT:
LOS ANGELES UNIFIED SCHOOL
DISTRICT
By: Lv'tu't1jj1
Name: I
Title:/_�
By:
Name:
Title:
Corporations require two NOTARIZED signatures by attaching a California All -Purpose
Acknowledgement; one from each of the following categories:
A. Chairman of Board, President or any Vice President; AND
B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer.)
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SCOPE OF SERVICES
EXHIBIT "A"
Subrecipient shall utilize the CDBG Funds provided by the City pursuant to
this Agreement to provide school-based individual and group mental health
services at no cost to residents of the City of Carson.
2. Services rendered by Subrecipient shall consist of the following:
• Identification of children appropriate for counseling intervention and
provision of counseling in individual, group, and family environments;
• Consultation with school and administrative staff regarding the social and
emotional needs of youth;
• Promotion of joint planning efforts within and outside of the school
community responsible for the optimal growth and development of
children and youth;
• Establishment of parental involvement in the helping process for the child.
The primary goal is to increase effective parenting skills, and support the
communication between parent and school staff. This is accomplished
primarily through the MegaSkills@ Parenting Program and counseling;
and
• Maintaining contact with and assisting in the development of resources
within existing community services.
3. Costs for which Subrecipient shall be reimbursed from the CDBG Funds shall
be limited to the costs, including salaries, wages, and benefits, of
professional, paraprofessional, and administrative personnel associated with
the provision of the services described in (2) above (specifically the
Psychiatric Social Worker, Licensed Clinical Social Workers, and Bi -Lingual
Social Service Aides); educational and instructional materials, office supplies
and printing charges associated with the aforementioned services.
4. The primary location for services provided in accordance with this Agreement
shall be Subrecipient's facility located at 340 West 224 th Street, Carson,
California (Carson Family Center at Caroldale Learning Community), but shall
also include facilities operated by Subrecipient at the following locations:
Bonita Street Elementary School, 21929 Bonita Street, Carson, California
Carson Street Elementary School, 161 East Carson Street, Carson,
California; and
Dominguez Elementary School, 21250 South Santa Fe Avenue, Carson,
California;
5. Subrecipient anticipates providing services to approximately 500 Carson
residents.
6. Recognizing Subrecipient's acknowledgement in Section 1.2 of this
Agreement that the activities carried out with the CDBG Funds shall meet the
CDBG program's national objective of benefitting low and moderate income
individuals, Subrecipient shall ensure that at least fifty-one per cent (51 %) of
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clients meet the standard of low and moderate income, as determined by the
City. Subrecipient shall verify participants' total household income by
requesting to see documentation that shows income information for all
household members, and shall keep records reflecting the verification of such
income on file and available for inspection by representatives of City and/or
HUD. Subrecipient shall also, to the extent practicable, obtain information
regarding the racial, ethnic, and female -headed household status of
participants. Subrecipient shall report the income, race, ethnicity, and
female -headed household status of participants to City in accordance with
Section 3, Program Evaluation and Review, and Section 4, Reporting
Requirements, of the attached Exhibit "B", "Special Requirements".
7. City will monitor the performance of Subrecipient against goals and
performance standards including, but not limited to, those stated above.
Substandard performance as determined by City will constitute
noncompliance with this Agreement. If action to correct such substandard
performance is not taken by Subrecipient within a reasonable period of time
after being notified by City, procedures to suspend or terminate this
Agreement will be initiated.
[END OF EXHIBIT "A"]
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EXHIBIT "B"
SPECIAL REQUIREMENTS
1. Compliance with Laws. All services rendered hereunder by
Subrecipient shall be provided in accordance with all ordinances, resolutions,
statutes, rules and regulations of City and any federal, state, or local governmental
agency having jurisdiction at the time service is rendered. This Agreement is subject
to and incorporates the terms of the Housing and Community Development Act of
1974, as amended; 24 Code of Federal Regulations ("CFR") Chapter V, Part 570;
City's CDBG Program Guidelines; and all amendments or successor regulations or
guidelines thereto.
2. Federal Contracting Provisions. Subrecipient agrees to comply with
the following federal requirements in the performance of this Agreement:
A. Subrecipient shall comply with Executive Order 11246, as
amended by Executive Orders 11375 and 12086, and implementing regulations at 41
CFR Chapter 60, which requires that during the performance of this Agreement,
Subrecipient agrees not to discriminate against any employee or applicant for
employment because of race, religion, sex, color, or national origin. Subrecipient
shall consider all applicants without respect to their race, religion, sex, or national
origin with respect to the following without limitation: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Subrecipient agrees to post in conspicuous places, available to
employees and employment applicants, notices setting forth the provisions of this
nondiscrimination clause.
B. In its solicitations or advertisements for employees, Subrecipient
shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
C. Subrecipient shall comply with all restrictions against
discrimination, as required by Executive Order 11063, as amended by Executive
Order 12259 and implementing regulations at 24 CFR Part 107.
D. Subrecipient shall comply with Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., which
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 that are located
in, or owned in substantial part by, persons residing in the project area.
E. Subrecipient shall comply with Title VI of the Civil Rights Act of
1964, and Section 109 of the Housing and Community Development Act of 1974,
which provides that no person shall, on the grounds of race, color, national origin, or
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
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F. Subrecipient shall comply with Section 504 of the Rehabilitation
Act of 1973 (P.L. 93-112), as amended, and implementing regulations.
G. Subrecipient shall comply with the Age Discrimination Act of 1975
(P.L. 94-135), as amended, and implementing regulations.
H. Subrecipient shall comply with the relocation requirements of Title
11 and the acquisition requirements of Title III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act at 24 CFR Part 42.
1. Subrecipient shall comply with the restrictions prohibiting the use
of funds for the benefit of a religious organization or activity as set forth in 24 CFR
570.2000).
J. Subrecipient shall comply with the labor standard requirements as
set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement
said requirements.
K. Subrecipient shall comply with the Program Income requirements
as set forth in 24 CFR 570.504(c) and 570.503(b)(8).
L. Subrecipient shall comply with all federal laws and regulations
described in 24 CFR 570, Subpart K, except that the Subrecipient does not assume
the City's environmental responsibilities as described at 24 CFR 570.604, nor does
the Subrecipient assume the City's responsibility for initiating the review process
under the provisions of 24 CFR Part 52.
M. Subrecipient shall comply with Executive Order 11988 relating to
the evaluation of flood hazards and Executive Order 11988 relating to the prevention,
control, and abatement of water pollution.
N. Subrecipient shall comply with the flood insurance purchase
requirement of Section 102(a) of the Flood Disaster Protection Act of 1978 (P.L. 93-
234).
0. Subrecipient shall comply with the regulations, policies, guidelines
and requirements of 24 CFR 570; the "Common Rule," 24 CFR Part 85 and Subpart
J; OMB Circular Nos. A-1 02, Revised, A-87, A-1 10 and A-1 22 as they relate to the
acceptance and use of federal funds under the federally assisted program.
P. Subrecipient shall comply with Title VII of the Civil Rights Act of
1968 (P. L. 90-284), as amended.
Q. Subrecipient shall comply with the lead-based paint requirements
of 24 CFR Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention
Act (42 U.S.C. 4801 et seq.).
R. Subrecipient shall comply with current City policy concerning the
purchase of equipment and shall maintain inventory records of all non -expendable
personal property as defined by such policy as may be procured with funds provided
herein. Unless specified otherwise within this Agreement, Subrecipient shall procure
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all materials, property, or services in accordance with the provisions and
requirements of 24 CFR 84.40-48.
S. Subrecipient shall maintain a property inventory system to
numerically identify HUD purchased property and document its acquisition date, as
set forth in OMB Circular A-1 10 Attachment N Property Management Standard 6d.
T. The use and disposition of real property and equipment by
Subrecipient under this Agreement shall be in accordance with the provisions and
requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504. Upon
expiration of the Agreement, the Subrecipient shall transfer to the City any CDBG
Funds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG Funds. Additionally, any real property under the Subrecipient's
control that was acquired or improved in whole or in part with CDBG Funds
(including CDBG Funds provided to the Subrecipient in the form of a loan) in excess
of $25,000 is either:
i) Used to meet one of the national objectives
in Section 570.208 (formerly Section 570.901) until five years after
expiration of the agreement, or for such longer period of time as
determined to be appropriate by the City; or
ii) Not used in accordance with paragraph
(s)(i) above, in which event the Subrecipient shall pay to the City an
amount equal to the current market value of the property less any portion
of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property. The payment is program
income to the City. (No payment is required after the period of time
specified in paragraph (s) of this section.)
U. Subrecipient shall comply with such other City, County, State, or
Federal laws, rules and regulations, executive orders or similar requirements which
might be applicable.
V. As City will use federal funds to pay Subrecipient for the services
to be performed under this Agreement, Subrecipient shall comply with 31 U.S.C. Section
1352, which prohibits any recipient or subrecipient of federal funds from: using such
funds to influence or attempt to influence an officer or employee of any federal agency, a
Member of Congress or an officer or employee of Congress, or any employee of a
Member of Congress in connection with the awarding of any federal contract; making
any federal grant; making any federal loan; entering into any cooperative agreement;
and/or the extending, continuing, renewing, amending or modifying any federal contract,
grant, loan or cooperative agreement.
W. Every person who requests or receives a federal contract, grant,
loan or cooperative agreement from a federal agency or receives or requests from a
federal agency a commitment that would provide for the United States to insure or
guarantee a loan must file with that agency a written declaration and certify that he or
she has not made and will not make any prohibited expenditure. Further, any person
who requests or receives from a person referred to above, a subcontract under a federal
contract, a subgrant or contract under a federal grant, a contract or subcontract to carry
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out any purpose for which a particular federal loan is made, or contract under a federal
cooperative agreement, is required to file a written declaration with the person who
received the federal contract, grant, loan or commitment to insure or guarantee a loan.
X. Subrecipient shall not receive any program income as defined in
24 CFR Section 570.500(a).
3. Program Evaluation and Review. Subrecipient shall make
performance, financial, and all other records pertaining to this Agreement available to all
City and HUD personnel. City and HUD personnel may inspect and monitor
Subrecipient's facilities and program operations, including the interview of Subrecipient's
staff and program participants. Subrecipient agrees to submit to City or HUD all data
necessary to complete the Annual Grantee Performance Report in accordance with HUD
requirements and in the format and at the time designated by City or HUD Project
Directors or their designees.
4. Reportina Requirement. Subrecipient shall submit to City a monthly
statistical status report, using the forms shown in Exhibit "D" ("CDBG Monthly Activity
Reports") attached hereto, setting forth its activities for each reportable month. Such
reports shall be filed with City not later than the 1 5th day of the month following the
reportable month. The monthly activity reports shall contain without limitation ethnic
group, income level, female -headed household status and any other data as may be
requested by City, of each person assisted and the result of such assistance. In addition
to the monthly statistical status report, Subrecipient shall, on or before July 15, 2014,
furnish City with a summary of Subrecipient's activities for the fiscal year commencing
July 1, 2013. Such summary shall include an annual statistical report.
5. Documentation and Record Keeping. Subrecipient shall maintain all
records required by the Federal regulations specified in 24 CFR 570.506, that are
pertinent to the activities to be funded under this Agreement. 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 documenting all CDBG funds received from the City;
E. Records documenting expenses as identified in the monthly
activity reports and reimbursement requests submitted to the City, as well as the
relationship of these expenses to the CDBG-funded program;
F. Records required to document the acquisition, improvement, use,
or disposition of real property acquired or improved with CDBG assistance;
G. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
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H. Financial records as required by 24 CIFIR 570.502 and 24 CFR
84.21-28, and as otherwise stated within this Agreement; and
1. Other records necessary to document compliance with Subpart K
of 24 CFR Part 570.
Subrecipient shall maintain separate accounting records for the CDBG
Funds provided by the City. The City, HUD, Comptroller General of the United States, or
any of their duly authorized representatives shall have access to all books, documents,
papers, and records maintained by Subrecipient, as well as any of its own subrecipients
or subcontractors, which directly relate to the project that is the subject of this
Agreement for the purpose of audit, examination, excerpts, and transcriptions.
Subrecipient shall also 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 available to City or HUD monitors or their designees for review upon
request.
6. Disclosure Requiremen . Subrecipient shall make available all books
and records pertaining to each project or business activity that is funded by CDBG funds
under this Agreement for inspection and audit by HUD's representatives, upon request,
at any time during the term of this Agreement and for a period of five (5) years
thereafter. All such books and records shall be maintained by Subrecipient at a location
in Los Angeles County. Failure by Subrecipient to comply with the requirements of this
section shall constitute a material breach for which City may terminate or suspend this
Agreement.
Subrecipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not directly
connected with the administration of City's or Subrecipient's responsibilities with respect
to services provided under this Agreement, is prohibited by applicable State and Federal
law, unless written consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parent/guardian.
7. Proiect Close -Out. The Subrecipient's 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: submission of final requests for payment, making
final payments, disposing of program assets in accordance with other provisions of this
Agreement, and determining the custodianship of records. Notwithstanding the
foregoing, the terms and conditions of this Agreement shall remain in full force and effect
during any period that the Subrecipient has control over the CDBG Funds, including
program income.
8. Suspension, Recovery of Funds.
A. In accordance with 24 CFR Section 85-43, suspension or
termination may occur if Subrecipient materially fails to comply with any term of the
award.
B. If the funding source demands reimbursement for prior payments
to Subrecipient due to Subrecipient's failure to comply with any applicable term of this
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Agreement, regulation or statute, Subrecipient shall reimburse City in the amount of
such disallowed payments.
C. The award may be terminated for convenience in accordance with
24 CFR Section 85.44.
D. Upon expiration of this Agreement, Subrecipient shall transfer to
City any funds paid pursuant to this Agreement that are on hand at the time of expiration
and any accounts receivable attributable to the use of such funds.
[END OF EXHIBIT "B"]
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BUDGET
(SCHEDULE OF COMPENSATION)
EXHIBIT "C"
For the services rendered pursuant to this Agreement, Subrecipient shall be reimbursed
in an amount not to exceed the Contract Sum of TEN THOUSAND NINE HUNDRED
THIRTY-SIX DOLLARS AND NO CENTS ($10,936.00) during the term of this
Agreement.
City shall reimburse Subrecipient for expenses that are documented to the satisfaction of
the City and are incurred by Subrecipient in the expense categories as detailed in Exhibit
"A" to this Agreement. City shall have the right to disapprove reimbursement for specific
expenditures and expense categories that the City finds to be ineligible under the CDBG
guidelines. There shall be no changes to the Scope of Services set forth in Exhibit "A" to
this Agreement unless the same is requested in writing by Subrecipient, and approved in
writing by the City.
Provided that Subrecipient is not in default hereunder, the Subrecipient shall be
reimbursed in accordance with the terms of this Agreement within thirty (30) days after
the City's receipt of an invoice from Subrecipient.
[END OF EXHIBIT "C"]
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