Agmt 2017 CDBG SOS Service Opportunity for Seniors 3236

Home

3.5 Method of Payment- General Funds, if applicable. City shall pay Subrecipientenamount not to exceed the total mum noted in Section 3.2 for services to be performed. The City shall make nlorthk/ payments for services satisfactorily performed. City shall not pay any additional sum for any expense or cost whatsoever incurred bvthe Gubnacipiantinrendering services pursuant tothis Agreement. 3.8 Program Income. Any pnoQrorn inoome, as such hanm is defined in the regu|mtiono, received by Gubnanipientshall beretained bvGubrooipienL The program income received by8ubn*oipientshall solely beused for the project orforthepurpoeeofopermtngthefaoi|itv. All provisions ofthis Agreement shall apply toactivities funded by programincome. All program income shallbe expended by Subrecipient before the City is obligated advance any other CDBGfunds tm8ubrecipiantunder this agreement. 3.7 Separation of Funds. The GubFecipkent aho|| certify that the 8ubroopient'o financial system is in accordance with the standards specified in OMB Circular 110,or 24 CFR Part 84. 3.8 Indirect Costs. |findirect costs are charged,the Subrecpientwill develop mnindirect cost allocation plan for determining the appropriate City of San Leandro share of administrative costs and shall submit such plan to the City ofSan Leandro for approval. |findirect costs are charged, the indirect cost rate shall bm . 4.0 PERFORMANCE SCHEDULE 4.1 Schedule of Performance. Bubrecipigntshall commence, prosecute and complete the project vxithin the time periods established in the "Scope ofWork" attached hereto as Exhibit "A" and incorporated herein by this reference. 4.2 Reversion of Assets. Upon the expiration or sooner termination of this Aonaernent. Subraoipient shall (0 transfer to the City any and all COBG funds and program income on hand (ii) any accounts receivable attributable tothe use ofCD8Gfunds orprogram income; and UiUif any C[JBGfunds orprogram income was used by Subrecipient to improve or acquire real property and said CDBG funds or program income was in excess . Twenty- Five Thousand Dollars ($25,000). Subrmcpien1 shall either (m) use said real property to meet one of the national objectives specified in 24 CFR Section 570.208 for a period of five(5)years after the termination or sooner expiration ofthis Agreement or(b)dispose of the real property and reimburse the City in an amount(together with any amounts previously repaid bmthe City)that ieequal bothe fair market value ofthe real property times afraction, the numerator ofwhich is equal to the amount of CDBG funds and/or other program income used to acquire or improve the property and denominator of which is equal to the fair market value of the real property immediately after the real property was acquired orimproved with said funds. 5.0 COORDINATION OF WORK 5.1 Representative of Submecipimnk. The Executive Director is hmnahy designated as being the representative ufSubnmoipientauthorized hmact in its behalf with respect tothis Agreement and make all decisions in connection therewith. 5.2 Contract Officer. Contract Officer shall be the City's CDBG Manager orsuch person as may be designated bvthe City Manager. |tshall bethe Submecipient'oresponsibility toassure that the Contract[fficeriokept informed of the progress of the performance of the services and the Subrecipient shall refer any decisions that must bemade byCity tothe Contract Officer. Unless otherwise specified herein, any approval ofCity required hereunder shall mean the approval ofthe Contract Officer. The Contract Officer shall have authority tosign all documents on behalf ofthe City required hereunder bocarry out the terms ofthis Agreement. 5.3 Prohibition Against Subcontracting or Assignment. Neither this Agreement nor any interest herein may be transferred, assigned,conveyed, hypothecated or encumbered voluntarily or by operation of law,whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder oho|| include the transfer to any person or group of persons acting in concert of more than twenty-five percent(25%)of the present ownership and/or control of Subrecipient,taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the 8ubnaoipient or any surety of8ubreoipient of any liability hereunder without the express consent ofCity. -5-