Laserfiche WebLink
shall submit such plan to the City of San Leandro for approval. If indirect costs are charged, the indirect <br />cost rate shall be NOT APPLICABLE. <br /> <br />4.0 PERFORMANCE SCHEDULE <br /> <br />4.1 Schedule of Performance. Subrecipient shall commence, prosecute and complete the <br />project within the time periods established in the "Scope of Work" attached hereto as Exhibit "A" and <br />incorporated herein by this reference. <br /> <br />4.2 Reversion of Assets. Upon the expiration or sooner termination of this Agreement, <br />Subrecipient shall (i) transfer to the City any and all CDBG funds and program income on hand (ii) any <br />accounts receivable attributable to the use of CDBG funds or program income; and (iii) if any CDBG funds <br />or program income was used by Subrecipient to improve or acquire real property and said CDBG funds <br />or program income was in excess of Twenty-Five Thousand Dollars ($25,000), Subrecipient shall either <br />(a) use said real property to meet one of the national objectives specified in 24 CFR Section 570.208 for <br />a period of five (5) years after the termination or sooner expiration of this Agreement or (b) dispose of the <br />real property and reimburse the City in an amount (together with any amounts previously repaid to the <br />City) that is equal to the fair market value of the real property times a fraction, the numerator of which is <br />equal to the amount of CDBG funds and/or other program income used to acquire or improve the property <br />and denominator of which is equal to the fair market value of the real property immediately after the real <br />property was acquired or improved with said funds. <br /> <br />5.0 COORDINATION OF WORK <br /> <br />5.1 Representative of Subrecipient. The Executive Director is hereby designated as being <br />the representative of Subrecipient authorized to act in its behalf with respect to this Agreement and make <br />all decisions in connection therewith. <br /> <br />5.2 Contract Officer. Contract Officer shall be the City's CDBG Manager or such person as <br />may be designated by the City Manager. It shall be the Subrecipient's responsibility to assure that the <br />Contract Officer is kept informed of the progress of the performance of the services and the Subrecipient <br />shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified <br />herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The <br />Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to <br />carry out the terms of this Agreement. <br /> <br />5.3 Prohibition Against Subcontracting or Assignment. Neither this Agreement nor any <br />interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by <br />operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of <br />City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting <br />in concert of more than twenty-five percent (25%) of the present ownership and/or control of Subrecipient, <br />taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, <br />including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release <br />the Subrecipient or any surety of Subrecipient of any liability hereunder without the express consent of <br />City. <br /> <br />5.4 Independent Contractor. Neither the City nor any of its employees shall have any <br />control over the manner, mode or means by which Subrecipient, its agents or employees, perform the <br />services required herein, except as otherwise set forth herein. City shall have no voice in the selection, <br />discharge, supervision or control of Subrecipient's employees, servants, representatives or agents, or in <br />fixing their number, compensation or hours of service. Subrecipient shall perform all services required <br />herein as an independent contractor of City and shall remain at all times as to City a wholly independent <br />contractor with only such obligations as are consistent with the role. Subrecipient shall not at any time or <br />in any manner represent that it or any of its agents or employees are agents or employees of City. City <br />161