Exhibit B
CITY OF POMONA
Subrecipient AGREEMENT
NATIONAL CORE PRISMA PROJECT
This Subrecipient Agreement (“Agreement”) is between the City of Pomona, a California charter city (“City”), and the National Community Renaissance of California, a California nonprofit public benefit corporation (“Subrecipient”). City and Subrecipient may be individually referred to herein as the “Party” and collectively as the “Parties.”
RECITALS
On March 10, 2021, the United States Congress passed, and on March 11, 2021, President Joseph Biden signed into law, the American Rescue Plan Act (“ARPA”).
ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together known as the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program, which provides a combined $350 billion in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery.
The City received federal funding in the form of the SLFRF under ARPA in response to the coronavirus (“COVID-19”) pandemic. These funds may be used to carry out a wide range of community development activities, including those that benefit local communities.
The Interim Final Rule on SLFRF issued by the Department of the Treasury (“Treasury”) effective May 17, 2021, and the Final Rule issued by the Department of the Treasury effective April 1, 2022, (together the Interim Final Rule and the Final Rule are hereinafter referred to as the “Rule”) provide the rules and guidelines for how the ARPA funds may specifically be spent. Further, the Rule allows for the City to transfer SLFRF funds to a Subrecipient who experienced a negative economic impact due to the COVID-19 public health emergency.
ARPA states the City may grant subawards to subrecipients for the furtherance of an ARPA eligible use. City desires to make a grant of ARPA SLFRF funds to the Subrecipient, in accordance with the terms of this Agreement and all applicable provisions of ARPA, to carry out the services that the Subrecipient described in the Subrecipient Application (“Services” or “Project”), which is described in Exhibit A “Scope of Work” Terms and conditions
Now, therefore, in consideration of the above recitals, which are hereby fully incorporated into this Agreement, and the mutual covenants contained herein, City and Subrecipient agree as follows:
Scope of Services. The scope of the Services is set forth in the attached Scope of Work, which is included as Exhibit “A” to this Agreement.
Term. The term of this Agreement begins on _______, and continues through December 31, 2026, unless modified or terminated in accordance with this Agreement. Subrecipient certifies that the use of funds will be used only to cover expenditures allowed under ARPA and incurred during the Term. Any cost obligated by Subrecipient as of December 31, 2024, must be expended by December 31, 2026, to meet the eligible costs timeframe as defined by the United States Department of the Treasury.
Compensation. City will provide Subrecipient with an amount not-to-exceed $550,000, in accordance with the “Schedule of Compensation” that is attached hereto as Exhibit “B.” Availability of Funds. City’s payment to Subrecipient under this Agreement is contingent on the availability of program funds and continued federal and state authorization for the funded program activities.
Modification and Termination.
City may modify or terminate this Agreement at any time if in good faith City deems it necessary to:
Respond to a reduction or elimination of funds or discontinued authorization; or Comply with changes in City, state, or federal legislation, regulation, or policy.
Any modification of this Agreement must be by written amendment, signed by both Parties. If City modifies the Agreement and Subrecipient refuses to accept the modification by executing a corresponding amendment, City may terminate the Agreement under section 17 below.
Commencement of Performance. Subrecipient may not obligate or request disbursement of funds, incur any cost, or initiate identified Services that are the subject of this Agreement until each of the following provisions has been fully satisfied:
Subrecipient must furnish proof of insurance as required under section 12.2 of this Agreement.
This Agreement is fully executed by the Parties.
City has obtained proof that Subrecipient is registered on SAM.gov and that Subrecipient is not suspended or barred from federally funded programs.
Subrecipient has provided City with a completed Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 2020, as issued by the Internal Revenue Service).
Subrecipient has been issued a “Notice to Proceed” by City.
Representatives of the Parties and Service of Notice. The Parties’ respective representatives who are primarily responsible for the administration of the Agreement, and to whom formal notice, demands and communications must be given, are as follows:
The principal representative of the City is:
Benita DeFrank, Neighborhood Services Director
City of Pomona, Neighborhood Services Department
505 South Garey Avenue
Pomona, CA 91766
Phone: 909-620-2368
The principal representative of Subrecipient is:
Michael Ruane, Executive Vice President
National Community Renaissance of California
9421 Haven Avenue
Rancho Cucamonga, CA 91730
Phone: 909-483-2444
Notices, demands, and communications to be given hereunder by either Party must be made in writing and affected by personal delivery or by mail. When mailed and addressed in accordance with this section 7, notice is deemed given upon deposit in the U.S. mail, postage pre-paid. In all other instances, notice is deemed given at the time of actual delivery.
Each Party will provide the other with the name and current contact information of its principal representative within five business days after designating a new principal representative or after any change to the representative’s contact information.
Federal Terms and Conditions. ARPA funds must be used strictly in accordance with the ARPA Program terms and conditions attached hereto as Exhibit “C,” which are incorporated herein by this reference. To the extent that any provision contained in Exhibit “C” conflicts with any provision of this Agreement, Exhibit “C” governs.
Any funds expended by Subrecipient in any manner that does not adhere to the ARPA program terms and conditions and this Agreement shall be returned or repaid to the City. This includes, but is not limited to, funds paid to Subrecipient: i) in excess of the amount to which Subrecipient is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of ARPA.
Independent Contractor. Subrecipient is an independent contractor. As such, Subrecipient has no power or authority to incur any debt, obligation, or liability on behalf of City. Further, neither Subrecipient nor anyone working on its behalf is not entitled to any benefit typically associated with an employee such as medical, sick-leave, or vacation benefits.
Pers Eligibility Indemnity
In the event that Subrecipient or any employee, agent, or subcontractor of Subrecipient providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Subrecipient will indemnify, defend, and hold harmless City for the payment of any employee or employer contribution for PERS benefits for Subrecipient or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, that would otherwise be the responsibility of City.
Notwithstanding any other state or federal policy, rule, regulation, law, or ordinance to the contrary, Subrecipient and any of its employees, agents, and subcontractors providing Services under this Agreement do not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution or employee contributions for PERS benefits.
Economic Interest Statement. Subrecipient hereby acknowledges that under Government Code Section 87300 and the Conflict of Interest Code adopted by City hereunder, Subrecipient is required to file an Economic Interest Statement (Form 700) with the City Clerk for each employee providing advice under this Agreement prior to the commencement of the Services. The extent of Subrecipient’s disclosure requirements is set forth in the written determination of the City Manager of City, attached hereto as Exhibit “D.” Indemnity and Insurance
Indemnity. Subrecipient will hold City and its employees, officers, and agents free and harmless from all losses, claims, liens, demands, and causes of action of every kind and character, including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees, and all other expenses incurred by City to the maximum extent allowed by law arising in favor of any party, including claims, liens, debts, personal injuries, including employees of City, death or damages to property (including property of City) and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of or as a consequence of the performance of the Services performed hereunder, except only such injury to persons or damage to property due or claimed to be due to the sole negligence of City. This provision is not intended to create any cause of action in favor of any third party against Subrecipient or City or to enlarge in any way Subrecipient’s liability but is intended solely to provide for indemnification of City for liability for damages or injuries to third persons or property arising from Subrecipient’s negligent performance hereunder.
Insurance. Subrecipient will procure and maintain at all times during the term of this Agreement insurance as set forth in Exhibit “E” attached hereto.
Records, Inspections, and Reports. Subrecipient will maintain full and accurate records with respect to all Services and matters covered under this Agreement. City may have free access at all reasonable times to such records, and has the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. A performance report with the supporting documentation that is required by Exhibit “A” must be submitted to City each month.
Prevailing Wage. Subrecipient is aware of the requirements of California Labor Code Section 1720, et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 1600 et seq. (“State Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the funds are used as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Subrecipient agrees to fully comply with such State Prevailing Wage Laws.
Confidentiality. Employees of Subrecipient may, in the course of their duties, have access to financial, accounting, statistical, and personnel data of private individuals and of employees of City. Subrecipient covenants that all data, documents, discussion, or other information developed or received by Subrecipient or provided for performance of this Agreement are deemed confidential and may not be disclosed by Subrecipient without written authorization by City. City will grant such authorization if disclosure is required by law. All City data must be returned to City upon the termination of this Agreement. Subrecipient’s covenant under this section 15 survives termination of this Agreement.
Termination for Convenience. Either City or Subrecipient may terminate this Agreement at any time without cause by giving the other written notice of the date of termination at least 30 calendar days before. If this Agreement is terminated as provided herein, Subrecipient will return all ARPA funds provided to Subrecipient under to this Agreement to City within thirty (30) calendar days.
Termination for Cause. If for any reason, Subrecipient fails to fulfill in a timely and proper manner its obligation under this Agreement, or if Subrecipient violates any of the covenants of this agreement, City has the unilateral right to terminate this agreement by giving Subrecipient written notice at least five calendar days before termination. The notice must refer to this clause, specify the nature of the alleged default, and specify the effective date of the termination. If this Agreement is terminated as provided herein, Subrecipient will return all ARPA funds provided to Subrecipient under to this Agreement to City within thirty (30) calendar days.
Assignment and Subcontracting. Neither Party may assign or subcontract the rights or responsibilities under this agreement without the express, written consent of the other Party, which consent may be withheld for any reason or for no reason.
Permits and Licenses. Subrecipient, at its sole expense, will obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that are required for the performance of the Services.
Standard. All Services to be rendered under this Agreement must be performed in accordance with the standards that are customarily observed by an experienced and competent professional organization rendering the same or similar services. Subrecipient will re-perform any of said Services that are not in conformity with applicable standards, as determined by City. Subrecipient will be relieved of its obligation to re-perform said Services if City does not notify Subrecipient within 180 days after the completion of the non-conforming Services.
Resolution of Disputes
Disputes regarding the interpretation or application of any provision of this Agreement must, to the extent reasonably feasible, be resolved through good-faith negotiations between the parties.
If any action at law or in equity is brought to enforce or to interpret any provision of this Agreement, the prevailing party is entitled to recover reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Force Majeure. The respective duties and obligations of the Parties hereunder are suspended while and so long as performance is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause that is beyond the control of the Party from whom the affected performance is due.
Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Subrecipient may not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age physical or mental handicap, medical condition, or sexual orientation. Subrecipient will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions continue in full force and effect without being impaired or invalidated in any way.
Governing Law and Venue. This Agreement is governed by and must be construed in accordance with laws of the State of California. In the event of litigation between the Parties, venue in state trial courts lies exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue lies exclusively in the Central District of California.
Entire Agreement. This Agreement, together with Exhibits “A” (including Attachment “A-1” thereto), “B,” “C,” “D,” and “E,” supersede all other agreements, whether oral or in writing, between the Parties with respect to its subject matter. Each Party to this Agreement acknowledges that no representation by any Party that is not embodied herein, nor any other agreement; statement, or promise not contained in this Agreement, is valid or binding. [END OF TEXT. SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF this Agreement is entered into by the Parties hereto on the dates set forth below.
ATTEST: THE CITY OF POMONA
By:
Rosalia Butler, City Clerk James Makshanoff, City Manager Date:
APPROVED AS TO FORM: SUBRECIPIENT
By:
City Attorney Michael Ruane
Executive Vice President
Date:
Approved by City Council on: ______________________
EXHIBIT “A”
SCOPE OF SERVICES
NATIONAL CORE PRISMA PROJECT
FY 2022 NATIONAL CORE PRISMA PROJECT
The general purpose of this program is to develop affordable housing on certain real property located at 501-595 East Mission Boulevard in the City of Pomona (APN: 8335-014-907, -910, -915, -916, -919, -920 and -921) (the “Property”).
Audits and Reports
Subrecipient is responsible for conducting an annual audit of its ARPA spending in compliance with the Office of Management and Budget (OMB) 2 CFR Chapter 1, Chapter II, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards; Final Rule, as applicable. A copy of the required audit or financial statement must be forwarded to City upon completion. Any costs associated with the annual audit are the responsibility of Subrecipient.
Scope of Services
SUBRECIPIENT IS RESPONSIBLE FOR:
Developing the Property as a new construction family development consisting of 75 apartment units including 15 live-work ground floor units (the “Project”), with 1 manager’s unit, 8 one-bedroom units to be operated under the Housing Choice Voucher Program using Project-Based Vouchers (PBVs), and the remaining 66 units targeted to families earning between 30% to 60% AMI, as well as a 3,766 square foot leasing and amenity space with a large multi-purpose community room, space for after-school programs, and group and individual conference rooms, in accordance with the terms set forth in the Affordable Housing Disposition and Development Agreement (“DDA”) by and between the City and Subrecipient.
EXHIBIT “B”
SCHEDULE OF COMPENSATION
NATIONAL CORE PRISMA PROJECT
FY 2022 NATIONAL CORE PRISMA PROJECT
1. BILLING. By the 15th of each month, Subrecipient will submit an invoice to City, along with the performance report and supporting documentation that are required by the Agreement. Subrecipient will submit the invoice to City at the following address:
City of Pomona
Neighborhood Services Department
505 South Garey Avenue
Pomona, CA 91769
The invoice must be submitted on the City’s standard billing and reporting form “Consolidated Plan Performance Report” (Attachment “A-1” to Exhibit “A”) and must include the following:
supporting documentation to substantiate charges,
a subtotal sheet enumerating all charges, and
a report on the progress made in implementation of the Project and persons served.
TIME OF PAYMENT. City will make payment to Subrecipient in accordance with City’s regular billing cycle after receipt of Subrecipient’s invoice and City’s approval of the invoice.
MAXIMUM COMPENSATION. Notwithstanding the foregoing, Subrecipient will complete all the work and tasks described in Exhibit “A” for a total amount of compensation that does not exceed $550,000, which includes all outofpocket expenses.
EXHIBIT “C”
ARPA CONTRACT REQUIREMENTS
COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS
Subrecipient agrees that it undertakes hereby the same obligations to City that City has undertaken to Treasury by way of City's acceptance of ARPA funds. The obligations thus undertaken by Subrecipient include, but are not limited to, the obligation to comply with Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, the United States Department of the Treasury Coronavirus State Fiscal Recovery Fund Award Terms and Conditions, the Rule, and the following federal laws and regulations:
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to ARPA and subject to such exceptions as may be otherwise provided by Treasury. ; Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, including Appendix A to 2 C.F.R. Part 25; Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, including Appendix A to 2 C.F.R. Part 170; United States Office of Management and Budget (“OMB”) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19; Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20; New Restrictions on Lobbying, 31 C.F.R. Part 21;
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§4601-4655) and implementing regulations; Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), 4 which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibit discrimination on the basis of disability under any program or activity receiving federal financial assistance; The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
Subrecipient further agrees to comply with all environmental, procurement, construction, and other guidelines provided by City.
Subrecipient will obtain all necessary permits and licenses that are necessary for its performance under this Agreement.
Failure to meet established performance goals and standards or noncompliance with applicable rules and regulations constitutes noncompliance with the terms of this Agreement. City is entitled to avail itself of one or more of the following remedies to address noncompliance:
Temporarily withhold cash payments pending correction of deficiencies by 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 Subrecipient's program; Withhold further awards for the program; or
Take other remedies that may be legally available.
SUBCONTRACTS
Subrecipient will incorporate the same or substantially equivalent requirements as are contained in this Agreement in all subcontracts that utilize any ARPA funds or that support any ARPA funded project covered by this Agreement. When a project utilizes ARPA funds and funds from other sources, all funds are subject to ARPA regulations. Subrecipient, by entering into a subcontract for performance of any portion of its ARPA funded program, is not relieved of its responsibilities to City as set forth in this Agreement.
NONDISCRIMINATION/GRIEVANCE PROCEDURES
No person with responsibilities in the operation of any project under this Agreement may discriminate because of race, creed, color, national origin, age, sex, political affiliation, handicap, beliefs, or marital or familial status.
Subrecipient will ensure that every effort is made to provide equal opportunity to every potential minority and women's business vendor, contractor, and subcontractor.
STANDARD OF CONDUCT/CONFLICT OF INTEREST AND LOBBYING
No member, officer or employee of 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 function or responsibility with respect to the program during that person’s tenure or for one year thereafter, may have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the programs activities assisted under this Agreement.
By entering into this Agreement, Subrecipient certifies that:
No federal appropriated funds have been paid or will be paid, by or on behalf of 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 of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement.
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, Subrecipient must complete and submit Standard Form- LL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and other federal disclosure forms as requested.
Subrecipient will 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 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 is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FISCAL CONTROL
Subrecipient is responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. Subrecipient will establish such fiscal controls and fund accounting procedures as required by federal regulations, or as may be deemed necessary by the City to assure the proper disbursal of, and accounting for, funds paid to Subrecipient under this Agreement. Subrecipient must maintain separate accounts within established bookkeeping systems for ARPA funds.
Subrecipients subject to Title 2 CFR Part 200 must deposit funds in an account requiring two signatures for disbursement and submit to City specimen signatures for all authorized signatories prior to receipt of funds.
City will pay Subrecipient progress payments at the time and in the manner set forth in Exhibit “B.” Payment by City is not to be construed as final in the event that Treasury disallows reimbursement for the Project or any portion thereof. Subrecipient will submit reasonable backup documentation as specified by City with request for payment.
Subrecipient is liable for all amounts that are determined to be due by Treasury including, but not limited to, disallowed costs that are the result of Subrecipient's or its contractor's conduct under this Agreement.
City will notify Subrecipient in writing regarding any controversy or proceeding between City and Treasury arising from this Agreement. Subrecipient will be permitted to respond regarding the controversy or proceeding.
All financial transactions must be supported by complete and verifiable source documents. Records must provide a clear audit trail.
REVERSION OF ASSETS
Upon expiration of this Agreement, Subrecipient will transfer to City any ARPA funds in Subrecipient's control at the time of expiration of this Agreement.
REQUESTS FOR TECHNICAL ASSISTANCE
Subrecipient will refer to the Neighborhood Services Department any regulatory or procedural questions regarding operation of its ARPA-funded Services. All formal requests for technical assistance must be submitted in writing. Requests should specify the problem area, particular assistance being requested and proposed solution if applicable. Informal questions regarding daytoday program operation may be directed to the designated City representative.
RECORDS AND REPORTS
Subrecipient understands and agrees that City may, at any time, request additional information that may be required for the purpose of making necessary reports to Treasury, or for otherwise evaluating Subrecipient's progress and performance under this Agreement. In the event of such requests, Subrecipient will comply by providing the appropriate data within 10 working days from the date of any such request.
Subrecipient further understands and agrees that the records and additional information described in this section 10 must be retained on a continuing basis for a period of five (5) years after this Agreement has expired, as required for compliance with HUD regulations.
CONTRACT RESPONSIBILITY FOR MONITORING AND RECORDS
City, designated representatives of City, and other appropriate officials must have access to all personnel records, management information, and fiscal data of Subrecipient and any agency or contractor with whom Subrecipient executes a subcontract necessary to carry out any ARPA-funded Services for monitoring purposes. Subrecipient will respond in a timely manner to all identified corrective actions Subrecipient will submit to City all required reports and monitoring corrective action plans on a timely basis, as delineated by City. Records must be maintained as follows:
Subrecipient agrees to retain all pertinent records under ARPA, including financial records, until advised by City that further retention is unnecessary. Records must be open and available for inspection by auditors and other staff assigned by City during the normal business hours of Subrecipient.
EXHIBIT “D”
WRITTEN DETERMINATION
I, James Makshanoff, City Manager of the City of Pomona (“City”) have made the following determination with regard to economic interest disclosure requirements for National Community Renaissance of California, in accordance with the Conflict of Interest Code adopted by City:
[ ] Subrecipient must disclose its economic interest under the broadest disclosure category in the Code. (CATEGORY I*) [ ] CATEGORY I: Business interests and Investments
[ ] Subrecipient has been hired to perform a range of duties that are limited in scope and thus Subrecipient/Contractor/Vendor is not required to comply with the broadest disclosure category requirements. Based on the Scope of Services set forth in Exhibit “A,” of the Agreement, Subrecipient/Contractor/Vendor need only provide economic interest disclosure under the following categories*:
[ ] CATEGORY II: Supply Sources
[ ] CATEGORY III: Contractors
[ ] CATEGORY IV: Geographic location
*A full explanation of each of these disclosure categories is found on page 2 of this Exhibit. [X] Subrecipient is not required to comply with Disclosure requirements based on the following:
[X ] Duties of Subrecipient under this Agreement are not applicable to Conflict of Interest Code. [ ] Other: __________________________________________________ Date:______________________ _____________________________ James Makshanoff, City Manager
DESIGNATED EMPLOYEE CATEGORIES
This category applies to individuals that make, or participate in making, decisions that may have a material effect on their financial interest(s) in:
businesses in which the individual holds an investment or business position; sources of income; or
real property.
Individuals subject to this category need not disclose under Category II or III. Individuals subject to this category must disclose any of the following financial interests within City and within two miles of City boundaries:
investments in business entities;
business positions held;
sources of income; and
interests in real property.
This category applies to individuals that make, or participate in making, decisions that involve the purchase of services, supplies, materials, machinery or equipment.
Individuals subject to this category must disclose any of the following financial interests in business entities which provide services, supplies, materials, machinery, equipment, or technology of the type utilized by City:
investments in business entities;
business positions held; and
sources of income.
This category applies to individuals that make, or participate in making, decisions that involve contracting for services including, but not limited to:
professional services;
vendor services;
consulting services; and
contractor services.
Individuals subject to this category must disclose any of the following financial interests in business entities which provide contract services, of the type utilized by City:
investments in business entities;
business positions held; and
sources of income.
This category applies, as applicable, to commissioners. Individuals subject to this category must disclose:
all investments in, interest in, or income from, real property located within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; and all investments in, interest in, or income from, any business entity:
in which the person holds a business position; and
that is either: (A) within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; or (B) conducted business within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto, at any time during the two years prior to the date of filing the Statements of Economic Interest.
EXHIBIT “E”
Subrecipient must maintain throughout the duration of the term of the Agreement, liability insurance covering Subrecipient and designating City, including its elected or appointed officials, directors, officers, agents, employees, volunteers, or subrecipients, as additional insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of Subrecipient's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It must be stated in the Additional Insured Endorsement that Subrecipient's insurance policies are primary with respect to any claim related to or as the result of Subrecipient's work. Any insurance, pooled coverage, or self-insurance maintained by City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or Subrecipients must be non-contributory. The Additional Insured Endorsement must not apply to the Professional Liability Insurance.
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $1,000,000
Subrecipient will provide thirty (30) days advance notice to City before any material change to or any cancellation of coverage. Certificates of insurance and additional insured endorsements must be furnished to City thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates constitutes a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, City has the right but not the duty to obtain replacement insurance and to charge Subrecipient for any premium due for such coverage. City has the option to deduct any such premium from the sums due to Subrecipient.
Insurance must be placed with insurers that are authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by City's Risk Manager. Subrecipient must immediately advise City of any litigation that may affect these insurance policies.
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65318.00300\40098759.1
65318.00300\40098759.1
A-1
65318.00300\40098759.1
65318.00300\40098759.1
B-1
65318.00300\40098759.1
65318.00300\40098759.1
C-5
65318.00300\40098759.1
65318.00300\40098759.1
D-3
65318.00300\40098759.1
65318.00300\40098759.1
E-1
65318.00300\40098759.1
65318.00300\40098759.1
“Business positions” include, but are not limited to, a role as a director, officers, partner, trustee, employee, or any management position. “Business entities” include, but are not limited to, sole proprietorships, partnerships, and corporations.