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8G Consent
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Packet 01042022
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8G Consent
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6/9/2022 12:55:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/4/2022
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PERM
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3.3 Termination of Fund Obligation. The services to be provided under this Agreement may <br />be terminated without cause at any point in time in the sole and exclusive discretion of City. In this event, <br />City shall compensate the Subrecipient for all outstanding costs incurred for work satisfactorily completed <br />as of the date of written notice thereof. Subrecipient shall maintain adequate logs and timesheets in order <br />to verify costs incurred to date. <br />3.4 Method of Payment- CDBG Funds. Unless otherwise specified in Exhibit "A", not more <br />frequently than monthly and at least quarterly, Subrecipient may submit to the Agreement Officer an <br />invoice, in a form acceptable to the City, setting forth the amounts actually expended by Subrecipient for <br />the project; provided that said expenses are included in the budget (Exhibit "B") and performance standards <br />have been met. Said invoice shall, at a minimum, set forth each budget category for which reimbursement <br />is sought, a description of the expense, the total budgeted amount for the category, the amount requested <br />to be reimbursed for each budget category, and the total amount expended for each budget category to <br />date. Said invoice shall be accompanied with such additional supporting information as requested by the <br />City, including, but not limited to, paid receipts for each expense. To the extent the CDBG funds actually <br />have been received from HUD, the City shall pay Subrecipient for all expenses stated on the invoice that <br />are approved by City pursuant to this Agreement no later than the thirtieth day after the invoice is received. <br />3.5 Method of Payment - General Funds, if applicable. City shall pay Subrecipient an <br />amount not to exceed the total sum noted in Section 3.2 for services to be performed. The City shall make <br />monthly payments for services satisfactorily performed. City shall not pay any additional sum for any <br />expense or cost whatsoever incurred by the Subrecipient in rendering services pursuant to this Agreement. <br />3.6 Program Income. Any program income, as such term is defined in the regulations, <br />received by Subrecipient shall be retained by Subrecipient. The program income received by Subrecipient <br />shall solely be used for the project or for the purpose of operating the facility. All provisions of this <br />Agreement shall apply to activities funded by program income. All program income shall be expended by <br />Subrecipient before the City is obligated to advance any other CDBG funds to Subrecipient under this <br />agreement. <br />3.7 Separation of Funds. The Subrecipient shall certify that the Subrecipient's financial <br />system is in accordance with the standards specified in OMB Circular 110, or 24 CFR Part 84. <br />3.8 Indirect Costs. If indirect costs are charged, the Subrecipient will develop an indirect cost <br />allocation plan for determining the appropriate City of San Leandro share of administrative costs and shall <br />submit such plan to the City of San Leandro for approval. If indirect costs are charged, the indirect cost <br />rate shall be 10%. <br />4.0 PERFORMANCE SCHEDULE <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 />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 or <br />program income was in excess of Twenty-Five Thousand Dollars ($25,000), Subrecipient shall either (a) <br />use said real property to meet one of the national objectives specified in 24 CFR Section 570.208 for a <br />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 City) <br />that is equal to the fair market value of the real property times a fraction, the numerator of which is equal <br />to the amount of CDBG funds and/or other program income used to acquire or improve the property and <br />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 />5.0 COORDINATION OF WORK <br />347
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