Agmt 2018 CDBG Subrecipient ECHO Housing #3436

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3.5 Method ofPayment - General Funds, ifapplicable. City shall pay Subrecpientenamount not to exceed the total sum noted in Section 3.2for services bo be performed. The City shall make monthly payments for services satisfactorily performed. City shall not pay any additional sum for any expense or cost whatsoever incurred bvthe Gubnacipientinrendering services pursuant tothis Agreement. 3.6 Program Income. Any program inoomo, aesuch term is defined in the regu|odons, received by Subneoipimn( shall be retained by Subrecipient. The program income received by Subreoipient shall solely be used for the project or for the purpose of operating the facility. All provisions of this Agreement shall apply to activities funded by program income. All program income shall be expended bySubnooipientbefore the City isobligated to advance any other CD8Sfunds toSubnecipientunder this agreement. 3.7 Separation of Funds. The Subneuipient shall certify that the Subrecipient's financial system is in accordance with the standards specified in OMB Circular 110, or 24 CFR Part 84. 3.8 Indirect Costs. If indirect costs are charged, the Subrecipient will develop an indirect 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 be NOT APPLICABLE. 4.0 PERFORMANCE SCHEDULE 4.1 Schedule ofPerformance. Subreupientshall commence, prosecute and complete the project within the time periods established in the "Scope ofWork" attached hereto as Exhibit 'YY'and incorporated herein by this 4.2 Reversion of Assets. Upon the expiration or sooner b*nninaUnn of this Agreement, Subrecpient shall (i) transfer tothe City any and all CDBG funds and program income on hand (ii) any accounts receivable attributable to the use of CDBG funds or program income; and (iii) if any CDBG funds or program income was used by Subrecipient to improve or acquire real property and said CDBG funds or program income was in excess of Twenty - Five Thousand Dollars ($25.000). Subnaoipient ahn|| either (a) use said naa| 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 of this Agreement or (b) dispose of the real property and reimburse the City in an amount (together with any amounts previously repaid to the City) that is equal to the fair market value of the real property times a fnaction, the numerator of which 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 nrimproved with said funds. 5.1 Representative of Subrmnipient The Executive Director is hereby designated as being the representative of Subrecipient authorized to act in its behalf with respect to this Agreement and make all decisions in connection therewith. 5.2 Contract Officer. Contract Officer shall be the Qb/s CDB8 Manager orsuch person as may be designated bythe City Manager. It shall be the Subrecipient's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Subrecipient shall refer any decisions that must bemade byCity (othe Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall moan the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 53 Prohibition Against Subcontracting orAssignment. 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 Qty. Transfers nnsJriobad hereunder shall 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 ofSubneoipieni. taking all transfers into account on acumu|ative basis. In the event of any such unapproved transfer, including any bankruptcy prooeediny, this Agreement shall be void. No approved -5- c000Agreement with EDEN COUNCIL FOR HOPE AND OPPORTUNITY (ECHO HOUSING) -pYzo/u-2o1p