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HomeMy WebLinkAbout2016-016 SLO County CDBG AgreementCITY OF ATASCADERO CONTRACT NUMBER: a01(J-01(lo SUBRECIPIENT AGREEMENT FOR 2016 CDBG GRANT FUNDS BETWEEN THE COUNTY OF SAN LUIS OBISPO AND CITY OF ATASCADERO FOR THE YOUTH SCHOLARSHIP FUND THIS AGREEMENT is made and entered into this L= day of A ( i 2016 by and between the County of San Luis Obispo. a political subdivision of the tate of California, hereinafter called "Recipient," and the City of Atascadero-Youth Activity Scholarships, a municipal corporation of the State of California, located in the City of Atascadero, hereinafter called "Subrecipient jointly referred to as "Parties." WITNESSETH WHEREAS, on April 12, 2016 the San Luis Obispo County Board of Supervisors approved the County of San Luis Obispo Program Year 2016 Action Plan of the Consolidated Plan and projected use of funds pursuant to applicable federal regulations (24 C.F.R. Part 570) ( hereinafter referred to as the "2016 Action Plan"); and WHEREAS, on April 12, 2016, the San Luis Obispo County Board of Supervisors approved funding in the amount of $8,068 from the County's 2016 Community Development Block Grant (hereinafter referred to as "CDBG") Program for the Subrecipient to provide public services and fund youth scholarships benefitting low income families to allow children to participate in organized recreation in the City of Atascadero (hereinafter referred to as the "Project"); and WHEREAS. Subrecipient is an eligible entity to act as designated project sponsor and, as such, Subrecipient will carry out the Project from July 1, 2016 to June 30, 2017; 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 2016 Action Plan of the 2015 Consolidated Plan 2016 Action Plan) and any amendments thereto; and WHEREAS, the Subrecipient is a "Subrecipient" as defined in the Code of Federal Regulations at 24 CFR 570.500(c); and WHEREAS, the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") must accept the 2016 Action Plan and approve grant agreement number 2016-B2-PS10 (Hereinafter referred to as the "Grant Agreement") before the County may distribute the 2016 CDBG funds for any purpose; and WHEREAS, the Grant Agreement establishes the rights and responsibilities of HUD and the County. NOW THEREFORE, pursuant to the provisions of Title 24, Chapter V, of the Code of Federal Regulations, the Parties agree as follows: 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 specked 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 A — 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 A and incorporated into this Agreement by this reference. The Subrecipient shall perform the CDBG-eligible activity described in Exhibit A. The Statement of Work provides information for the Recipient to effectively monitor performance of all projects being completed under this Agreement. The 2016 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 2 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 2016 Action Plan, specifically the Appendix entitled "Listing of 2016 Approved Project U.S. Department of Housing & Urban Development Community Planning Development Consolidated Plan." B. National Obiectives 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 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 145 income eligible 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 A. D. Staffing Any changes in key personnel assigned or their general responsibilities under this project as described in Exhibit A must be reported to the Recipient. E. Performance Monitorin 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. 9 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 B. The compensation shall be paid at the time and manner set forth in Exhibit B. Further, the "Schedule of Compensation" shall be based on the Line Item Budget as set forth in Exhibit B. 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. 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 A — 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, 2016 to June 30, 2017, 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). El 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: Matt Leal, Planner Address: County of San Luis Obispo Department of Planning and Building 976 Osos Street, Rm. 300 San Luis Obispo, CA 93408 E-mail Address: mleal@co.slo.ca.us Telephone No.: (805) 781-5600 Fax No.: (805) 781-5113 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: Jennifer Fanning, Recreation Supervisor Address: 6500 Palma Avenue Atascadero, CA 93422 E-mail Address: ifanning0atascadero.om Telephone No.: (805) 470-3426 Fax No.: (805) 470-3427 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; 41 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 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. 2 CFR Part 200 entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards"; 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): 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; 0 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 570.609, and 24 GFR 5.105(c) for procurement activities and 2 CFR for non -procurement activities, 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 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. 7 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" H. 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 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. E The Recipient agrees to pay the Subrecipient progress payments at the time and in the manner set forth in the Schedule of Compensation, Exhibit B. 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 570.500 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 incidental to generation of the income. E. Payment of principal and interest on loans made using CDBG funds except as provided in 24 CFR Part 570.500(a)(3); 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 10 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 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 2 CFR Part 200.313(c). The Subrecipient shall also establish procedures for managing equipment, which meet the requirements of 2 CFR Part 200.313(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 andlor 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 "C") 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 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. 12 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 Title 2 CFR Part 200.500-200.520 issued pursuant to the Single Audit Act of 1984 and the Single Audit Amendments of 1996, P.L. 98-502 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. 97. 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 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 as stated in 2 CFR Part 200.333. 13 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. 14 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 A — 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. 2014), as issued by the Internal Revenue Service. M 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 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.. 16 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, de':ices, 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: L' ✓' r City Attorney DATED: City of Atascadero achelle Rickard, Cit Manager 17 DATED: ATTEST: Marcia McClure Torgerson, City Clerk DATED COUNTY OF SAN LUIS OBISPO BY: _ Trevor Keith Deputy Director, Department of Planning and Building DATED' APPROVED AS TO FORM AND EFFECT: RITA L. NEAL County Counsel BY _ Deputy County Counsel DATED: IE EXHIBIT A STATEMENT OF WORK 2016 Community Development Block Grant Funds for City of Atascadero As part of the Urban County of San Luis Obispo 2016 Action Plan, the following is a list of the approved CDBG funded project(s): Organization Name: City of Atascadero Project Name: Youth Activities Scholarship Fund Project Address. 6500 Palma Ave. Atascadero CA 93422 Amount of County CDBG funding requested: $ 8.068.00 'Project Description: City of Atascadero will use CDBG funds specifically to fund youth scholarships of $150 per child per fiscal year, up to $250 maximum per family per fiscal year, benefitting approximately 145 income eligible families each year. Scholarships cover 50% of the child's activity registration fee for activities such as basketball, t -ball, football, art, swim lessons, dance, karate, volleyball, etc. The City of Atascadero 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 othenvise be unable to afford the required fees to participate in these activities without the scholarship. Priority consideration is given to families of "very low" income in Atascadero. Because this program is limited to low-income families, the benefit criteria will be met. Project completion date City of Atascadero will complete and expend all 2016 CDBG funds no later than June 30, 2017. 04 Financial Information Form Community Development Block Grant for the City of Atascadero for 2016 Community Development Block Grant Funds Organization Name: City of Atascadero Project Name: Youth Activities Scholarship Fund Total Project Budget: $8,068.00 Please specify the total project budget. You must provide information on the common outcome indicator which defines the amount of dollars leveraged by the grant request. Additional project funding sources could include, but are not limited to other government sources, foundations, corporations, individual contributions, events, reimbursements and in-kind contributions. CDBG Budget Use of Funds Approximately 145 Youth Scholarships Total Amount , If you are requesting CDBG funds to pay for staff costs, please list each employee/title and the percentage of their salary and benefits that will be paid with CDBG funds. Include the total monthly and yearly costs to the CDBG program. go % salary & Monthly salary Yearly salary New benefits paid & benefit paid & benefit paid Title YIN _ by grant by grant b r —Position go Exhibit C COUNTY OF SAN LUIS OBISPO PAYMENT REQUEST FORM - CITY OF ATASCADERO: Instructions: Complete this form, have an authorized person sign and date it, and mail it to Soutsida Inpravongviengkham, Accountant, Planning and Building Department, County Government Center, Room 300, San Luis Obispo, CA 93408-2040, (805) 781-4377. If you want the county to expedite processing of a payment, you can fax this form to Soutsida at (805) 781-5624 before mailing the original. Do not send this form directly to the County Auditor -Controller's Office. Contact name and address: Requested by: (payment will be mailed to this address) Signature: Jennifer Fanning Recreation Supervisor Date: City of Atascadero 6500 Palma Avenue Name: Atascadero, CA 93422 Phone: FAX: Funding Source Total funds Amount of this Previous Balance IDIS SAP Budgeted Request Requests after this # I!O Payment Youth Scholarship Fund $8,068 $ $ $ Total $8;068 $ $ $ Comments