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HomeMy WebLinkAbout2014-013 SLO County CDBG AgreementCITY OF ATASCADERO CONTRACT NUMBER: anly -Oil SUBRECIPIENT AGREEMENT FOR 2014 CDBG GRANT FUNDS BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO THIS AGREEMENT is made and entered into this i i " day of P ,11L 2015 by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "Recipient," and the City of Atascadero, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "Subrecipient"; jointly referred to as "Parties." WITNESSETH WHEREAS, on June 21, 2011, the Recipient and the Subrecipient entered into a Cooperative Agreement (herein the "Cooperative Agreement") to implement the Housing and Community Development Act of 1974, herein called the "Act". Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and is administered by the federal Department of Housing and Urban Development (herein "HUD"); and WHEREAS, the Parties' participation in the programs funded by the Act complies with ail applicable federal laws, regulations and executive orders; and WHEREAS, according to federal regulations 24 CFR - 570.503, before disbursing any Community Development Block Grant (CDBG) funds to a subrecipient, a written agreement shall be signed by the Recipient and subrecipient; and WHEREAS, the agreement shall remain in effect throughout the implementation of projects specified in the Urban County of San Luis Obispo's Program Year 2014 Action Plan of the 2010 Consolidated Plan (2014 Action Plan) and any amendments thereto; and WHEREAS, the attached letter dated October 7, 2014, hereinafter referred to as "Exhibit A" signed by the City of Atascadero's City Manager, authorizes the Recipient to administer the 2014 CDBG funded public service activity for the operation of the Project by the EI Camino Homeless Organization on behalf of the City of Atascadero; and WHEREAS, the Subrecipient is a "Subrecipient" as defined in the Code of Federal Regulations at 24 CFR 570.500(c). NOW THEREFORE, pursuant to the provisions of Title 24, Chapter V, of the Code of Federal Regulations, the Parties agree as follows: 1 This Agreement sets forth the responsibilities of the Recipient and the Subrecipient in accomplishing the objectives of the CDBG program as set forth in the Housing and Community Development Act of 1974, as amended. Pursuant to 24 CFR 200, 24 CFR 570.500(c) and 24 CFR 570.501(b), the Recipient may provide CDBG funds to public or private nonprofit agencies, authorities or organizations, or for-profit entities authorized under 570.201(0) (referred to collectively and individually as "sub -recipients") to be used by the sub -recipients to provide certain eligible services in connection with the Recipient's desire to develop viable urban communities, through community development activities, as specified in 24 CFR 570.200 ("CDBG Program"); and Recipient agrees to fund the services of the Subrecipient, and the Subrecipient agrees to perform the services for Recipient hereinafter described in Exhibit B — Statement of Work, during the term, and otherwise subject to the covenants and conditions hereinafter set forth. 1. Statement of Work A. Activity Description The Subrecipient agrees to perform during the term of this Agreement, all tasks, obligations, and services set forth in the Statement of Work attached to this Agreement as Exhibit B and incorporated into this Agreement by this reference. The Subrecipient shall perform the CDBG-eligible activity described in Exhibit B. The Statement of Work provides information for the Recipient to effectively monitor performance of all projects being completed under this Agreement. The 2014 Action Plan includes a project description and a budget for each project funded wholly, or in part, by CDBG funds. The Subrecipient may request modification of the tasks, schedule or budget in writing to the Recipient. The Recipient shall review each request to modify tasks, schedule or budget on a case-by-case basis and will respond to the Subrecipient within 30 days of the request. The projects listed in the Statement of Work shall be implemented by the Subrecipient. The Statement of Work includes a concise description of each project (i.e., project location, project scale, and clientele to be served) as referred to the 2014 Action Plan, specifically the Appendix entitled "Listing of 2014 Approved Project U.S. Department of Housing & Urban Development Community Planning Development Consolidated Plan." B. NationalObiectives All activities funded with CDBG funds must meet one of the CDBG programs' National Objectives: (1) to primarily benefit low- and moderate -income persons; (2) to aid in the prevention or elimination of slums or blight; or (3) to meet 2 community development needs having a particular urgency, as defined in 24 CFR 570.208. C. Level of Accomplishment — Goals and Performance Measures The Subrecipient certifies that the activities carried out under this Agreement will meet the CDBG program national objective of primarily benefitting low - and moderate -income persons. The grant is anticipated to serve up to 1,181 (estimated) City of Atascadero residents. Program effectiveness is measured through an on-going evaluation of the CDBG program. The Subrecipient agrees to provide the levels of program services according to the goals in Exhibit B. D. Staffing Any changes in key personnel assigned or their general responsibilities under this project as described in Exhibit B must be reported to the Recipient E. Performance Monitoring The Recipient will monitor the Subrecipient's performance against goals and performance standards, as stated above. Substandard performance, as determined by the Recipient, will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Recipient, Agreement suspension and/or termination procedures will be initiated by the Recipient. The Recipient will use the Subrecipient's performance reports to monitor the delivery of public services under this Agreement. In addition, the Recipient's representative may visit the Subrecipient's offices to inspect the records required by HUD to be maintained to document expenditures funded by this grant. These records include copies of the original source documentation demonstrating that the program clients are eligible to receive HUD -funded services, and that funds were expended to deliver the services described in item 1.A., "Activity Description," above. 2. Payment for Services The Recipient shall reimburse the Subrecipient for the services performed by the Subrecipient pursuant to the terms of this Agreement and in accordance with the terms set forth in the "Schedule of Compensation" attached hereto as Exhibit "C." The compensation shall be paid at the time and manner set forth in Exhibit "C." Further, the "Schedule of Compensation" shall be based on the Line Item Budget as set forth in Exhibit "C." The Reimbursement Amount shall constitute reimbursement only for allowable costs incurred as a result of the Project Services/Program Expenses. The Parties understand and agree that such reimbursement, if any, shall be conditioned upon the Recipient's receipt of CDBG Program funds from the federal government or accumulation of CDBG Program Income, as set forth in Section 13 and as a result of this Agreement, and shall not be a charge on any other funds of the Recipient. 3 All requests for reimbursement shall be submitted as per Section 16 for costs incurred under this Agreement, along with one (1) set of copies of original source documentation supporting the expenditures by the Subrecipient for the projects identified in Exhibit B — Statement of Work, which shall be submitted to the Recipient in such form acceptable to the Recipient in its sole and absolute discretion. Such documentation shall be submitted prior to any payment, in whole or in part, by the Recipient of the Reimbursement Amount. 3. Availability of Funds/Modifications The Recipient's provision of funding to the Subrecipient pursuant to this Agreement is contingent on the availability of CDBG funds and continued federal authorization for CDBG program activities, and is subject to amendment or termination due to lack of funds or authorization. This Agreement is subject to written modification and termination as necessary by Recipient in accordance with requirements contained in any future Federal legislation, regulations or Recipient policy. All other modifications must be in written form and approved by both Parties. 4. Obligation of Funds The Subrecipient shall not obligate any funds, incur any costs, or initiate identified project(s), which are the subject of the Agreement, until all environmental review has been completed and certified by Recipient's Department of Planning and Building and Recipient has issued a written "Authorization to Obligate Funds and Incur Costs." 5. Term of Agreement The term of this Agreement shall commence on July 1, 2014 to June 30, 2015, unless said work is completed prior to the date or unless sooner terminated as herein provided. . The Director of the County Department of Planning and Building may extend the term 180 days upon receiving and approving in writing, a written request from the Subrecipient prior to the termination of this Agreement. The written request must include an explanation for the extension and remediation plan to resume the program- activity(ies). 6. Time for Performance The Subrecipient shall not perform any work under this Agreement until Recipient gives the Subrecipient a written approval (which shall serve as an Authorization to obligate funds and incur costs). All services required of the Subrecipient under this Agreement shall be completed on or before the end of the term of the Agreement. 7. Designated Representative A. The Recipient's representative is as follows: Name and Title: Tony Navarro, Planner III Address: County of San Luis Obispo Department of Planning and Building 976 Osos Street, Rm. 300 San Luis Obispo, CA 93408 0 E-mail Address: tnavarro@co.slo.ca.us Telephone No.: (805) 781-5787 Fax No.: (805) 781-5624 B. The Subrecipient's representative, who shall be responsible for job performance, negotiations, contractual matters, and coordination with the Recipient Representative is as follows: Name and Title: Dawn Patterson, Administrative Assistant Address: 6500 Palma Street Atascadero, CA 93422 E-mail Address: dpatterson@atascadero.org Telephone No.: (805) 470-3180 Fax No.: (805) 470-3181 The Subrecipient's professional services shall be actually performed by, or shall be immediately supervised by, the Subrecipient's representative. 8. Compliance The Subrecipient agrees that it undertakes hereby the same obligations to Recipient that Recipient has undertaken to HUD pursuant to Recipient's CDBG application and certifications. The obligations undertaken by the Subrecipient include, but are not limited to, the obligation to comply with all federal laws and regulations described in 24 CFR Part 570, Subpart K and specifically with each of the following: A. The Housing and Community Development Act of 1974 (Public Law 93- 383) as amended, and legislative changes contained in the Housing and Urban -Rural Recovery Act of 1983; and the Housing and Community Development Act of 1987; B. Final regulations of the Department of Housing and Urban Development relating to Community Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.1) dated September 6, 1988; and revisions to 24 CFR Part 570 at Subpart J entitled "Grant Administration" and dated March 11, 1988; C. Regulations of the Department of Housing and Urban Development relating to environmental review procedures for the Community Block Grant program (Title 24, Subtitle A, Part 58 of the Code of Federal Regulations, commencing at Section 58.1) except that the Subrecipient does not assume Recipient's environmental responsibilities as described in 24 CFR Part 570.604; D. Title VI of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Public Law 90-284); Section 109 of the Housing and Community Development Act of 1974; Section 3 of the Housing and Urban Development Act of 1968; Executive Order 11246 as amended by Executive Order 12086; Executive Order 11063 as amended by Executive Order 12259; and HUD 5 regulations heretofore issued or to be issued to implement these authorities relating to civil rights; E. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and regulations adopted to implement the Act in the Code of Federal Regulations, Title 24, Part 42; F. Equal Employment Opportunity and Affirmative Action (EEO/AA); The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer; G. Administrative regulations, including, but not limited to, applicable Sections of Department of Housing and Urban Development regulations located at: 1. 24 CFR Part 85 entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments' and 24CFR Part 84 entitled "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations and referred to as the "Common Rule'; 2. OMB Circular A-87 entitled "Cost Principles Applicable to Grants and Contracts with State and Local Governments'; 3. OMB Circular No. A-128 entitled "Audits of State and Local Governments' (implemented at 24 CFR part 44); 4. OMB Circular A-110 entitled "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations'; 5. OMB Circular A-122 entitled "Cost Principles for Non -Profit Organizations," as amended and superseded by 45 CFR 230; 6. OMB Circular A-133 entitled "Audits of States, Local Governments, and Non -Profits"; H. The following laws and regulations relating to preservation of historic places: Public Law 89-665 the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and Executive Order 11593 including the procedures prescribed by Advisory Council on Historic Preservations in 36 Code of Federal Regulations, Part 800; I. The Labor Standards Regulations set forth in Section 570.603 of 24 CFR Part 570; and HUD Handbook 1344.1; J. The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 and the Americans with Disabilities Act of 1990 (ADA); 9 K. The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); L. The Flood Disaster Protection Act of 1973 (Public Law 93-234 and the regulations adopted pursuant thereto) Section 202(a) and the regulations in 44 CFR parts 59 through 79; M. The Clean Air Act (42 U.S.C. Chapter 85) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant thereto; N. Executive Order 12372, which requires State Clearinghouse review and comment of any CDBG project for the planning, construction, reconstruction, and/or installation of water or sewer facilities; O. Section 401(b) of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831 (b)); and P. Provision of 24 CFR Part 24 regarding use of debarred, suspended, or ineligible contractors or subcontractors. The Subrecipient further agrees to comply with any environmental, procurement, construction, and other guidelines provided by Recipient. All local code regulations must be recognized and services provided must conform to the said standards. The Subrecipient also agrees to submit an annual performance and evaluation report no later than 30 days after the completion of the most recent program year showing the status of all activities as of the end of the program year. The purpose of the performance and evaluation report is to assist the Recipient in complying with its reporting obligations under 24 Code of Federal Regulations section 570.507(a) and under 24 Code of Federal Regulations Part 91. The -Recipient shall specify the content and format of this report. In the event that the Subrecipient violates any such regulations, laws and/or executive orders, and such violation(s) result in the Recipient incurring expenses and/or making payments to HUD attributable to some or all of the CDBG funds received by the Subrecipient, then the Subrecipient shall pay to Recipient, on the demand of Recipient, all of the said expenses incurred by Recipient and all of the payments made by Recipient as a result of the Subrecipient's said violation(s). As required by Section 27, the Subrecipient shall obtain any necessary permits, licenses and certificates that may be necessary for its performance under this Agreement. Failure to meet established performance goals and standards and/or non- compliance with applicable rules and regulations shall constitute non-compliance with the terms of this Agreement. The Recipient is entitled to use one or more of the 7 following remedies for non-compliance, temporarily withhold cash payments pending correction of deficiencies by the Subrecipient; disallow all or part of the cost of the activity or action not in compliance; wholly or partly suspend or terminate the current award for the Subrecipient's program; withhold further awards for the program; and/or take other remedies that may be legally available. 9. Subcontracts The Subrecipient shall incorporate the same or substantially equivalent requirements as are contained in this Agreement in all subcontracts which utilize any CDBG funds and/or support any CDBG program(s) covered by this Agreement; when program(s) utilize(s) from CDBG funds and other funding sources, all funds shall be subject to CDBG regulations. The Subrecipient, by entering into any such subcontract for performance of any portion of its CDBG program, is not relieved of its responsibilities to Recipient as set forth in this Agreement. 10. Non-Discrimination/Religious Activities No person with responsibilities in the operation of any project under this Agreement will discriminate because of race, creed, color, national origin, age, sex, political affiliation, sexual orientation, gender identity, handicap, beliefs, or marital or familial status. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. The Subrecipient will ensure that every effort is made to provide equal opportunity to every potential minority and women's business vendor, contractor and subcontractor. 11. Standard of Conduct/Conflict of Interest and Lobbying No member, officer or employee of the Subrecipient or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program activities assisted under this Agreement. No member, officer or agent of the Subrecipient shall participate in the selection of the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this Section, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Recipient, the Subrecipient, or any designated public agency. By entering into this Agreement, the Subrecipient certifies: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant loan, or cooperative agreement in accordance with the Department of Interior and Related Agencies Appropriations Act, known as the Byrd Amendments, and HUD'S 24 Code of Federal Regulations (CFR) 87. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form LL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and other federal disclosure forms as requested. C. The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 12. Fiscal Control The Subrecipient shall be responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. The Subrecipient shall establish such fiscal controls and fund accounting procedures as required by Federal regulations, or as may be deemed necessary by HUD and Recipient to ensure the 9 proper disbursal of, and accounting for, funds paid to the Subrecipient under the CDBG programs. Disbursement of Funds: CDBG funds shall generally be disbursed by Recipient to the Subrecipient on a reimbursement for actual expenses basis. The Recipient agrees to pay the Subrecipient progress payments at the time and in the manner set forth in the Schedule of Compensation, Exhibit C. Payment by the Recipient is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. Source documentation, as specified by the Recipient, supporting the invoice(s) shall be submitted by the Subrecipient with request for payment. The Subrecipient shall be liable for all amounts which are determined to be due by HUD including, but not limited to, disallowed costs which are the result of the Subrecipient's or its contractor's conduct under this Agreement. The Subrecipient shall be notified in writing and shall be permitted to respond regarding any controversy or proceeding between the Recipient and HUD arising from this Agreement. All financial transactions must be supported by complete and verifiable source documents. Records shall provide a clear audit trail and shall be maintained as specified in Section 17 of this Agreement. 13. Program Income Program Income is defined in Subpart J of 24 CFR Part 570.504 and is described as gross income received by the Subrecipient and directly generated from the use of CDBG funds. Program income includes, but is not limited to, the following: A. Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; B. Proceeds from the disposition of equipment purchased with CDBG FUNDS; C. Gross income from the use or rental of real or personal property acquired by the Subrecipient with CDBG funds, less costs incidental to generation of the income; D. Gross income from the use or rental of real property owned by the Subrecipient that was constructed or improved with CDBG funds , less costs of the non- CDBG portion. E. Payment of principal and interest on loans made using CDBG funds except as provided in 24 CFR Part 570.500(a)(3); 10 F. Proceeds from the sale of loans or obligations secured by loans made with CDBG funds; G. Interest earned on program income pending its disposition; and H. Funds collected through special assessments made against properties owned and occupied by households not of low or moderate income where the assessments are used to recover all or part of the CDBG programs portion of a public improvement. During the effective term of this Agreement, the Subrecipient shall report all program income as defined in 24 CFR 570.500(a), generated by activities carried out with CDBG funds under this Agreement. Program Income may be retained by the Subrecipient subject to the provisions of the Cooperative Agreement, the Act, and its regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements. It shall be the Subrecipient's responsibility to manage and use the program income in compliance with the standards and requirements set forth in section 570.504(a) & (b) (1) through (b)(3). The transfer of CDBG funds from the Recipient to the Subrecipient shall be adjusted to reflect any program income in accordance with the principles set forth in section 570.504(b) (2) (i) and (ii). In addition, all of the provisions of this Agreement shall apply to the management and use of the program income. Recipient shall monitor the use of any program income, requiring appropriate record keeping and reporting by the Subrecipient as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close-out as defined in section 570.509 of the federal regulations or change of status of the Subrecipient, (i.e., from Subrecipient to entitlement), all program income on hand or received by the Subrecipient subsequent to the close-out or change of status shall be paid to the Recipient. Program income attributable to projects funded under this Agreement and on hand with the Subrecipient when Agreement expires, is terminated with or without cause, or received after the Agreement expiration, shall be paid to the Recipient as required by 24 CFR Part 570.503(b)(8) when the Subrecipient ceases to be under continuous Agreement with the Recipient for the operation of CDBG programs. As long as there is no break in the Agreement period, program income shall be governed by the provisions of this Section. 14. Reversion of Assets Upon expiration of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subrecipient's control that was acquired and/or improved in whole or in part with CDBG 11 funds (including CDBG funds provided to the Subrecipient in the form of a loan) in excess of $25,000 shall be either: A. Used to meet one of the national objectives in 24 CFR Part 570.208 until five (5) years after expiration of this Agreement, the length of time to be further prescribed by mutual agreement of the Parties and delineated in Section 13, of this Agreement. B. Disposed of in such manner that the Recipient is reimbursed in the amount of the fair market value of the property at the time of disposition of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition and/or improvement of such property. The payment is Program Income to the recipient. 15. Procurement/Equipment Equipment, which shall be defined as tangible, nonexpendable, personal property having a useful life of more than one (1) year and an acquisition cost of $1,000 or more per unit, is eligible for purchase using CDBG funds only upon prior approval of the Recipient and subject to 24 CFR Part 570.207(b)(1). Such equipment shall be used by the Subrecipient in the project for which it was acquired as long as needed, regardless of whether such project continues to be supported by Federal funds; at the time, equipment may be used in other activities currently or previously supported by a Federal agency. Use of such equipment is also subject to provisions of 24 CFR Part 85.32(c)(2)(3) and (4). The Subrecipient shall also establish procedures for managing equipment, which meet the requirements of 24 CFR Part 85.32(d). Further, proceeds from disposition of such equipment shall be treated as program income as specified in Section 13 and 14 of this Agreement. 16. Records and Reports The Subrecipient agrees to supply to the Recipient; on a minimum quarterly basis, any progress reports and/or other documentation as may be required by the Recipient to audit performance of this Agreement and/or to enable the Recipient to analyze and evaluate utilization of the Subrecipient's program. The Subrecipient shall maintain separate accounting and financial records for each funding (revenue) source in support of the project(s). A. Payment Request Form: the Subrecipient shall submit a Payment Request Form (Exhibit "D") and copies of the original supporting documents for payment to the Recipient. B. Progress Reports: Progress reports shall be made using the Quarterly Report Form and shall address project status and, if applicable, explanation of any problems/delays encountered and/or anticipated and measures to be taken to correct such problems; revised milestones including anticipated schedule for project 12 completion; direct benefit statistics; and a summary of expenditures, obligations, program income, and drawdown to date. In addition, the Subrecipient shall provide as part of the progress report any citizen comments received during the reporting period relative to the project(s), and responses to such comments, and additional project information, as needed. The Subrecipient shall submit such report quarterly within thirty (30) days of the close of report period including in the event that no expenditures occurred, which shall be documented in the quarterly report. C. Completion Report: The Subrecipient shall prepare and submit to the Recipient a Completion Report within thirty (30) days of project completion. Said report shall consist of an overview and evaluation of the project, a comparison of milestones' progress, total costs incurred, listing of files, listing of personnel, and other reasonable information requested by the Recipient. The Completion Report shall be made as part of the Quarterly Report Form. D. HUD/Recipient Reports: The Subrecipient shall submit to the Recipient in a timely manner other reports as requested/required by the Recipient for HUD compliance including, but not limited to the Contractor/Subcontractor, EEO -4, and Minority Financial Institution Reports (if applicable), and provide, as requested by HUD and/or Recipient, information necessary to prepare the Consolidated Plan, Final Statement of Community Development Objectives, Grantee Performance Report (GPR), and other such reports and/or plans. E. Audit: The Subrecipient shall be responsible for conducting an annual audit of its CDBG program in compliance with the Office of Management and Budget (OMB) Circular No. A-133 issued pursuant to the Single Audit Act of 1984 and the Single Audit Amendments of 1996, P.L. 98-502, OMB Circular A-110, and 24 CFR Part 85, as applicable. A copy of said audit shall be forwarded to the Recipient upon completion. Any costs associated with the annual audit shall be the responsibility of and paid for by the Subrecipient. 17. Agreement Responsibility for Monitoring and Records HUD, the Office of the Inspector General (OIG), and the designated representatives of the Recipient, and other appropriate officials shall have access to all personnel records, management information, and fiscal data of the Subrecipient and any agency or contractor with whom the Subrecipient executes a subcontract necessary to carry out any CDBG program(s) for monitoring purposes (24 CFR 85.40(a) and 84.51-84.53). The Subrecipient shall respond in a timely manner to all identified corrective action needs as a result of HUD, Recipient, or other monitoring. The Subrecipient shall submit to Recipient all required reports and monitoring corrective action plans on a timely basis, as delineated by the Recipient. Records shall be maintained as follows: A. The Subrecipient agrees to retain all pertinent records under CDBG program, including financial records, until advised by the Recipient that further retention 13 is unnecessary. Generally, records shall be retained for a period for five (5) years from the end of the fiscal year in which the last project covered by the Recipient's annual agreement with HUD is completed. Records shall be open and available for inspection by auditors and/or other staff assigned by HUD and/or the Recipient during the normal business hours of the Subrecipient. If at the end of such five-year period, there is ongoing litigation, claims, negotiations, audit or other action involving the Subrecipient's or the Recipient's records, which has started before expiration of the five (5) year period, the Subrecipient will retain the records until the completion of the action and resolution of all issues which arise from it (24 CFR 85.42 as modified by 570.502(a)(16), or 24 CFR 84.53(b) as modified by 570.502(b)(3)(ix)(A) and (B), as appropriate). B. Consistent with applicable state and local laws regarding privacy and obligations of confidentiality, the Subrecipient also must provide citizens with reasonable access to records on the past use of CDBG funds (24 CFR 570.508). C. Records for nonexpendable property shall be retained for a period of five (5) years after final disposition of the property, if applicable. 18. Inspection Rights The Subrecipient agrees to allow the Recipient to inspect physical premises of any project(s) upon 24-hour advance notice. 19. Request for Technical Assistance The Subrecipient shall refer to the Recipient any regulatory or procedural questions regarding operation of its CDBG program. All formal requests for technical assistance shall be submitted in writing. Requests should specify the problem area, particular assistance being requested and proposed solution if applicable. Informal questions regarding day-to-day program operation may be directed to the designated Recipient representative. 20. Hold Harmless and Indemnification The Subrecipient shall hold the Recipient and the Recipient's officers, employees, agents and volunteers harmless and free from any and all claims, liabilities or expenses, including attorney's fees, arising out of or relating to any negligent act, negligent omission, or other wrongful conduct related in any way to the Subrecipient's performance of its services pursuant to this Agreement. In the event the Recipient and/or any of the Recipient's officers, employees, agents or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission or other wrongful conduct, the Subrecipient shall indemnify them for any judgment rendered against them, any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including, but not limited to attorney's fees. The Subrecipient also understands and agrees that it is being employed to perform the services provided for by this Agreement because of the Subrecipient's professed expertise and experience in performing the services provided for under this Agreement. In addition the Subrecipient understands and agrees that while the Recipient and the Recipient's officers or agents may elect to do so, they have no duty to review, inspect, or supervise the work performed by the Subrecipient pursuant to this Agreement, except as otherwise expressly provided for by this Agreement. As a consequence, the Subrecipient waives any right of contribution against the Recipient or any of the Recipient's officers, employees, agents and volunteers arising out of such failure to inspect, review, monitor or supervise the work performed by the Subrecipient pursuant to this Agreement. 21. Covenants and Conditions Each term and each provision of this Agreement to be performed by the Subrecipient shall be construed to be both a covenant and a condition. 22. Effect of Termination A. Termination of Agreement for Convenience: In accordance with 24 CFR Part 85.44, the Agreement may be terminated by either party after thirty (30) days written notice of intention to terminate, setting forth the reasons and the effective date of such termination, has been given to the other party, provided, however, that no notice of termination given by the Subrecipient shall be effective unless HUD has agreed to release Recipient from its obligations pursuant to the program activity(ies) in Exhibit B — Statement of Work. Alternatively, the Agreement will automatically terminate in the event that the United States Government terminates the CDBG programs or terminates the program activity(ies) which is the subject of the Agreement. B. Termination of Agreement for Cause: In accordance with 24 CFR Part 85.43, the Parties hereto understand that pursuant to the Recipient's execution of the HUD application, the Recipient assumed responsibility as to the performance of the projects. If through any cause the Subrecipient fails to fulfill in a timely and proper manner its obligations under this Agreement to undertake, conduct or perform the project(s) identified in this Agreement, or if the Subrecipient violates any of the covenants, agreements, or stipulations of this Agreement, the Recipient shall thereupon have the right to terminate this Agreement by giving written notice of such termination and specifying the effective date thereof at least (5) days before the effective date of such termination. Notwithstanding the above, the Subrecipient shall not be relieved of liability to the Recipient for damages sustained by the Recipient by virtue of any payments to the Subrecipient for the purpose of set-off until such time as the exact amount of damages due the Recipient from the Subrecipient is determined. C. Upon termination, as stated in subsections (a) or (b) above of this Agreement, the Recipient shall be liable to the Subrecipient only for work done by the Subrecipient up to and including the date of termination of this Agreement, unless the termination is for cause, in which event the Subrecipient need be compensated only to the extent required by law. The Subrecipient hereby expressly waives any and all claims for damages for compensation arising under this Agreement except as set forth in this Section in the event of such termination. 23. Taxpayer Identification Number The Subrecipient shall provide the Recipient with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 2007), as issued by the Internal Revenue Service. 24. Modification of Agreement Except as provided in Section 3, the tasks described in this Agreement and all other terms of this Agreement may be modified only upon mutual written consent of the Recipient and the Subrecipient. 25. Use of the term "Recipient" Reference to 'Recipient" in this Agreement includes the designated Recipient representative, or any authorized representative acting on behalf of the Recipient. 26. Notices All notices given, or required to be given, pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed to each party's designated representative as set forth above. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section. 27. Permits and Licenses The Subrecipient, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 28. Waiver A waiver by the Recipient of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 29. Governing Law The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the County of San Luis Obispo. 30. Integrated Agreement ilei This Agreement represents the entire Agreement between the Recipient and the Subrecipient and all preliminary negotiations and agreements are deemed a part of this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns. 31. Patents & Royalties A. The Subrecipient shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the Project. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Subrecipient and delivered to the Recipient upon completion of the Project, if required. B. The Subrecipient shall assume all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the Project and agrees to indemnify and hold harmless the Recipient and its duly authorized representatives, from all suits of law, or actions of every nature for or on account of the use of any patented materials, equipment, devices, or processes. 32. Copyright Any reports, maps, documents or other materials produced in whole or part by the Subrecipient, its contractor or any subcontractor or person responsible to the Subrecipient under this Agreement shall be the property of the Recipient and none shall be subject to an application for copyright by or on behalf of the Subrecipient, contractor, subcontractors or any person responsible to the Subrecipient during performance of this Agreement. NOW, THEREFORE, the Parties hereto have caused this Subrecipient Agreement to be executed and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. APPROVED AS TO FORM AND CONTENT: CITY OF ATASCADERO, BRIAN PIERIK CITY ATTORNEY BY: 6 Brian Pierikk,,�J City (Attorney 1 / DATED: n t I � �/ d {5 17 CITY OF ATASCADERO -'ABY:'Rrwill ac— Nelle 'ckard, City Manager DATED: s— -� % -- ) ATTEST: Marcia M. Torgerson, City Cleric DATED: �� 5 iu. COUNTY OF SAN LUIS OBISPO BY: Jame Oman Director, DLTartment of Planning and Building DATED: j . 14.7c(5 APPROVED AS TO FORM AND EFFECT: RITA L. NEAL County Counsel BY: 4--f (�5-- Deputy County Counsel DATED: 40 3/ Z o [ S 19 October?. 2014 EXHIBIT A Clix OF ATASC.t DER(O font' Navarro. Plunncr III San Luis Obispo County Department of Plunning and limlding Count)' Clocenuncto Center San Luis Obispo, CA 934108 Snym County rVdminWtan of 2014 CDBG Public Service Fm& 17110 Dear Pdr. Navano, Thu Cite desires to uldVc C'um, sluff to administer its 301 q Progrmn Year punlic sen ice panty to the 171 Camino Homeless Oraani/ation in the amount of Per your 2013 proposal. the County W11 be responsible for dr. full admini>trntion of tie Id Camino I forneless Orgtnrivadon's Or 1101 CDIN mcarl for compliance Win CDHW regulations. 'Poe County )'rill inquae the neces.sm), agreement: collect beneliciarr dala for the necessary reporting to I IUll and the requimd subrecipienl monitoring. As agreed to in 2013, the We Or miumrinwrin_ Me pwH "ill be nascu on a Llunty staff tine rate of!i,56 per (tour. ifa smWitnec Am shunld arise the cmllar will inforul the City it additional time above the cstinure is requiral to assure amyAnee, csplain the circrunmances and resolution to the problem. Thank you for your assistance. Sincerety, Rochelle Rickard Coy Manager raou PALMA AVENC: ATASCADER0, CA vg327 104011 18151 361-5060 FAN 0u.+1461-7(12 STATEMENT OF WORK Community Development Block Grant Subrecipient Agreement Between the County of San Luis Obispo and the City of Atascadero for 2014 Community Development Block Grant funds As part of the Urban County of San Luis Obispo 2014 Action Plan, the Subrecipient allocated the following CDBG funded projects as follows: Summary of Citv of Atascadero CDBG funded oroiects City of Atascadero CDBG funded Projects Budget Operation of the Homeless Shelter— EI Camino Homeless Organization $9,615 Youth Activities Scholarship Fund — Atascadero Community Services Foundation $5,064 Operation Food Pantry—Atascadero Loaves and Fishes $5,064 Barrier Removal Projects $75,393 Atascadero Domestic Violence Shelter— HVAC Improvements by RISE $10,488 CDBG Program Administration — City of Atascadero $26,000 Total $131,624 EI Camino Homeless Organization Homeless Shelter & Meal Program and Use of Homeless Management Information System by the EI Camino Homeless Organization (ECHO) Project Description The project consists of continuing operation of the Atascadero homeless shelter program, which consists of 50 -bed ECHO Homeless Shelter. 1. Services offered. Contractor shall provide the following services to homeless persons: a. Overnight shelter; b. Dinner and breakfast; C. Bathrooms and showers; d. Client mail and phone services; and e. Information and referrals to a wide range of community services. 2. Expected service levels. The program is expected to achieve the following service levels over the 9 -month period (July 1, 2014 to March 30, 2015): a. CDBG funds shall be used to fund 0.56 full time equivalent (FTE) employee(s), not to exceed $17,188.50 per FTE, to serve an annual total of approximately 101 unduplicated homeless persons. b. At least 25 percent of adults leaving the program shall have more income at exit. 21 C. At least 20 percent of adults leaving the program shall have obtained non - case (mainstream) benefits, as that term is used in the Homeless Management Information System (HMIS) Data Standards Revised Notice (March 2010). d. All eligible clients shall receive breakfast and dinner. 3. Quarterly progress report. During the term of this Contract, Contractor shall submit quarterly progress reports, using the form attached as Exhibit D hereto, to the Department of Planning and Building. a. A description of services rendered. b. Problems encountered and corrective actions taken. G. Number of clients served. d. Number of unduplicated persons served. e. A profile of the clients served (e.g. income level, race, ethnicity). f. A description of how funds have been leveraged (i.e. how funds from the County have been used to attract other funding sources or how they were used in conjunction with other funds). g. Quarterly reports shall be submitted to the County within 30 days after the end of each quarter. Contractor shall also submit a project completion report by July 31, 2015; or by a date thereafter as agreed upon by the parties. 4. Collection and reporting of data. The project shall also consist of reporting in the Homeless Management Information System (hereinafter referred to as "HMIS"). Contractor shall maintain a list of all persons receiving benefits from the program and collect all other required HMIS data elements per HMIS Data Standards effective October 1, 2014 and as revised thereafter ("Data"), and report this information in the Homeless Management Information System. a. Aggregate data and reports. Aggregate HMIS Data received from Subrecipient and other agencies providing Homeless Services affiliated with the County and included in the HMIS database shall be utilized by the County to (a) produce reports regarding utilization of housing and homelessness services; (b) track program outcomes; (c) provide accountability for entities that receive funds for use in providing housing and homelessness services in the San Luis Obispo County area; and (d) identify unfilled service needs and plan for the provision of new services. From time to time, the County may publish and distribute community reports containing aggregate data from all agencies providing Homeless Services entering data into the HMIS database (the "Community Reports"). The Community Reports shall not identify specific individuals. Subrecipient hereby authorizes the County to include Subrecipient's Data in the Community Reports. b. Data entry and use. The Subrecipient shall designate two users to enter HMIS Data. Each HMIS user must sign a HMIS User Agreement, as provided by the County. The Subrecipient shall collect and enter Data as required by the HMIS Data Standards, March 2010, and as revised thereafter. 22 The Subrecipient shall only enter or upload individuals in the HMIS database that exist as clients under the Subrecipient's jurisdiction. The Subrecipient shall not misrepresent its client base in the HMIS database by entering known, inaccurate information. All users must sign the HMIS User Agreement as provided by the County. The Subrecipient shall enter data into HMIS within 10 days of client intake and services. C. Confidentiality (HMIS). The County shall provide and maintain Subrecipient's HMIS Data in such a way as to protect against revealing the identity of Subrecipient's clients to unauthorized agencies, individuals, or entities. The County shall take all reasonable action that it deems necessary and appropriate to prevent unauthorized use or disclosure of the Data. The Subrecipient shall uphold relevant federal and state confidentiality regulations and laws that protect client records and the Subrecipient shall only release client records with written consent by the client, unless otherwise provided by law. d. Consent to release information. Subrecipient shall solicit consent from all of its clients by executing a "Client Notice and Consent for Release" form as provided by the County and as modified from time to time by the County, for purposes of authorizing Subrecipient to release the Data to the County and other County affiliated agencies and to include the Data in the HMIS database. The County shall promptly notify Subrecipient of any modification to the "Client Notice and Consent for Release" form. The Subrecipient agrees not to release any confidential information received from the HMIS database to any organization or individual without proper client consent. The Subrecipient shall maintain appropriate documentation of client consent to participate in the HMIS database for a period of seven years. e. Validation studies. The County may periodically conduct formal validation studies of HMIS Data (hereinafter referred to as "Validation Studies"). In order to conduct the Validation Studies, staff selected by the County may review Subrecipient's records for purposes of verifying the validity of the information reported to the County and included in the HMIS database. Individuals involved in the conducting of any such Validation Studies shall sign a confidentiality agreement requiring them to maintain the confidentiality of the Data pertaining to a particular Subrecipient client. Subrecipient hereby authorizes the County to review Subrecipient's records for purposes of verifying the validity of the information reported to the County. f. Inter -agency data sharing. The HMIS program is designed to permit sharing of Data between the County affiliated agencies. Subrecipient may share Data with other County affiliated agencies provided such sharing of Data is in accordance with the County standards and policies, the San 23 Luis Obispo HMIS Policies and Procedures Manual, and this Contract. Subrecipient shall identify those County affiliated agencies with which it desires to share Data and specify the Data to be shared with each County affiliated agency on Exhibit D attached hereto prior to sharing any HMIS data. Subrecipient shall promptly notify the County of any change in the information provided in Exhibit D. Notwithstanding the foregoing, Subrecipient shall not share Data with any agency that has not entered into an HMIS Agency Agreement with the County. CDBG Budget ECHO Homeless Shelter CDBG budget Budget 0.56 of one full time -equivalent (FTE) employee for services at shelter $9,615 Total $9,615 $9,615 in CDBG funds for continued operation of the EI Camino Homeless Organization homeless shelter program. These funds may be applied towards the payment of salaries and fringe benefits of ECHO employees who provide services to homeless persons at the homeless shelter. Project completion date ECHO will complete and expend all 2014 CDBG funds allocated to the homeless shelter and use of the Homeless Management Information System by ECHO no later than March 30, 2015. Youth Activities Scholarship Fund — City of Atascadero Project Description The City of Atascadero has established a youth scholarship fund designed to assist low- income families to allow children to participate in organized recreation, social and cultural activities. The population served would otherwise be unable to afford the required fees to participate in these activities without the scholarship. Priority consideration will be given to families of "very low" income in Atascadero. Because this program is limited to low-income families, the benefit criteria will be met. $5,064 will fund youth scholarships of $150 per child per fiscal year, up to a $250 maximum per family per fiscal year, benefitting approximately 35 income eligible families. Scholarships will cover 50% of the child's registration fee for sports such as basketball, T -ball, baseball, soccer, football, and volleyball. Scholarships may also be used for classes such as swimming, dance or other activities. CDBG Budget Youth Activities Scholarship Fund CDBG budget Budget Youth Scholarship Fund $5,064 Total $5,064 24 Project completion date The City of Atascadero will complete and expend all 2014 CDBG funds allocated to the Atascadero Community Services Foundation no later than June 15, 2015. Operation Food Pantry — Atascadero Loaves and Fishes Project Description Loaves and Fishes operate an emergency food pantry for very low and low-income residents. CDBG funds go directly toward purchasing food such as milk and eggs to supply the Food Pantry. The program will benefit approximately 100 income eligible families. No alcohol will be purchase with CDBG funds. Line Item Budget: CDBG Budget Operation Food Pantry - Atascadero Loaves and Fishes Budget Producers Dairy $2,705 Food 4 Less $519 Food Bank Coalition $1,840 Total $5,064 Project completion date The City of Atascadero will complete and expend all 2014 CDBG funds allocated to the Atascadero Loaves and Fishes no later than June 15, 2015. Barrier Removal Projects Project Description CDBG funds will be used for the removal of architecture barriers along the east side of EI Camino Real (ECR) between San Rafael and Jornada Lane. The project will include sidewalk installation and pedestrian ramp replacement where none currently exist. City infrastructure improvements to install wheelchair ramps and sidewalks to aid in the mobility of approximately 890 disabled adults. Line Item Budget: CDBG Budget Barrier Removal Project by the City of Atascadero Budget Environmental $4,893 Design $7,500 Inspection $3,000 Construction $60,000 Total $75,393 Project completion date In Design July 2015 Bid Project December 2015 Construction March -April 2016 25 The City of Atascadero will complete and expend all 2014 CDBG funds allocated to the Removal of Architectural Barriers no later than June 30, 2016. Atascadero Domestic Violence Shelter — HVAC Improvements by RISE Project Description The project will provide for the completion of the replacement of the HVAC system at the Atascadero shelter partially funded in the 2013 CDBG Cycle. The current system is inefficient and expensive to operate resulting in significantly higher electric costs than other facilities of similar size. The installation of the HVAC system will benefit approximately 50 to 60 clients, including their children. CDBG Budget Installation of Honeywell zoning system, including electronic dampers, bypass damper and thermostat with a cost of $9,963.60: Line Item Budget: CDBG Budaet HVAC Improvements by RISE Budget Install HVAC System $9,963.60 Contingency (5%) $524.40 Total $10,488 Project completion date The City of Atascadero will complete and expend all 2014 CDBG funds allocated to RISE no later than June 30, 2015. The City of Atascadero will use $26,000 in 2014 CDBG funds to administer its CDBG program. Final invoices and copies of the original source documentation for administrative expenses by the City of Atascadero must be submitted to the County of San Luis Obispo no later than June 15, 2015 to assure the drawdown of funds prior to the end of the 2014-2015 Fiscal Year. Line Item Budaet: CDBG Program Administration by the City of Atascadero Budget Administrative costs $26,000 Total $26,000 26 EXHIBIT C City of Atascadero for Community Development Block Grant funds SCHEDULE OF COMPENSATION 1. AMOUNT OF COMPENSATION. For performing and completing all work and services described in Exhibit B, and for providing all materials required therefore, Recipient shall pay Subrecipient the total amount of: Summary of City of Atascadero CDBG funded projects City of Atascadero CDBG funded Projects Budget Operation of the Homeless Shelter — EI Camino Homeless Organization $9,615 Youth Activities Scholarship Fund — Atascadero Community Services Foundation $5,064 Operation Food Pantry — Atascadero Loaves and Fishes $5,064 Barrier Removal Projects $75,393 Atascadero Domestic Violence Shelter— HVAC Improvements by RISE $10,488 CDBG Program Administration — City of Atascadero $26,000 Total $131,624 Operation of the Homeless Shelter — EI Camino Homeless Organization (ECHO) CDBG funds will fund a portion of one full time -equivalent employee for services at the ECHO homeless shelter. Line Item Budget: CDBG Budget ECHO Homeless Shelter CDBG budget Budget 0.56 of one full time -equivalent (FTE) employee for services at shelter $9,615 Total $9,615'' Youth Activities Scholarship Fund — Atascadero Community Services Foundation $5,064 to fund youth scholarships designed to assist low-income families to allow children to participate in organized recreation, social and cultural activities. Line Item Budqet: CDBG Budqet Youth Activities Scholarship Fund CDBG budget Budget Youth Scholarship Fund $5,064 Total $5,064 27 Operation Food Pantry — Atascadero Loaves and Fishes CDBG funds to be used for the purchase of food for the pantry as follows: Line Item Budget: CDBG Budget Operation Food Pantry - Atascadero Loaves and Fishes Budget Producers Dairy $2,705 Food 4 Less $519 Food Bank Coalition $1,840 Total $5,064 Barrier Removal Project — City of Atascadero The City of Atascadero will use CDBG funds to remove architectural barriers on EI Camino Real, between San Rafael and Jornada Lane to comply with the Americans with Disabilities Act. Line Item Budqet: CDBG Budget Barrier Removal Project by the City of Atascadero Budget Environmental $4,893 Design $7,500 Inspection $3,000 Construction $60,000 Total $75,393 Atascadero Domestic Violence Shelter — HVAC Improvements by RISE Installation of Honeywell zoning system, including electronic dampers, bypass damper and thermostat. Line Item Budaet: CDBG Budaet HVAC Improvements by RISE Budget Install HVAC System $9,963.60 Contingency (5%) $524.40 Total $10,488 CDBG Program Administration bV the City of Atascadero Line Item Budqet: CDBG Program Administration by the City of Atascadero Budget Administrative costs $8,657 Total "$8,657 9.1 The above total amount listed shall include all out-of-pocket expenses incurred by Subrecipient in the performance of such services. 2. BILLING. At the end of each quarter in which the services are performed or expenses are incurred under this Agreement. Subrecipient shall submit an invoice and copies of all original supporting documentation to the Recipient at the following address: County of San Luis Obispo Department of Planning and Building Attn: Soutsida Inpravongviengkham, Accountant 976 Osos Street, Room 300 San Luis Obispo, California 93408 In the event a quarterly report is not submitted on a timely basis, the reimbursement a submitted invoice may be upheld until the Subrecipient complies with the terms stated in Section 16 of this Agreement. 3. METHOD OF PAYMENT. Payment to Subrecipient of the compensation specified in Section 1 of this Exhibit shall be made as follows: A. 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