1 MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CITY OF SAN BERNARDINO
AND
UNIVERSITY ENTERPRISES CORPORATION AT CSUSB
FOR
ENTREPRENEURIAL DEVELOPMENT SERVICES
This Memorandum of Understanding (“MOU”) is made and entered into as of August 2, 2023, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and University Enterprises Corporation at CSUSB (“Subrecipient”) on behalf of Inland Empire Center for Entrepreneurship ( “IECE”) at California State University San Bernardino. City and Subrecipient are sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. WHEREAS, the City has identified Economic Growth and Development as part of its 2020-2025 Key Strategic Targets and Goals with a focus on creating a “21st Century urban core”; and
B. WHEREAS, the City was one of six cities participating in the Aspen City Action Lab, an initiative of the Aspen Institute Latinos and Society Program (“Aspen Institute”); and
C. WHEREAS, through the Aspen City Action Lab, the City of San Bernardino, the Aspen Institute, California State University San Bernardino, New Localism Associates, James Irvine Foundation, and community stakeholders developed the San Bernardino Investment Playbook (“Playbook”) which highlights “actionable investments that advance climate readiness, boost equitable economic growth, and improve daily life for all residents”; and
D. WHEREAS, the Playbook identified the Entrepreneurial Resource Center Project (“the ERC Project”) as an actionable investment to “provide a centrally located and easily accessible downtown hub for small business training and technical assistance” to promote “job growth, wealth creation and economic resilience”; and
E. WHEREAS, 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”); and
F. WHEREAS, ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 2 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; and
G. 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; and
H. 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 provides services to those who have experienced a negative economic impact due to the COVID-19 public health emergency; and
I. 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 MOU and all applicable provisions of ARPA, to carry out the ERC Project; and
J. WHEREAS, the proposed work for the ERC Project is more particularly described in Exhibit “A”, attached hereto to this MOU and incorporated herein by this reference and
K. WHEREAS, the Parties wish to enter into this MOU to delineate roles, and responsibilities relative to the ERC Project.
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually understood and agreed by the Parties as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Term. This MOU shall commence on the Effective Date and continue through June 7, 2026, unless the MOU is previously terminated as provided for herein (“Term”).
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 DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 3 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.
3. Commencement of Performance. Subrecipient may not obligate or request disbursement of funds, incur any cost, or initiate the ERC Project that are the subject of this MOU until each of the following provisions has been fully satisfied:
3.1 Subrecipient must furnish proof of insurance as required under Section 6 of this MOU.
3.2 City has obtained proof that Subrecipient is registered on SAM.gov and that Subrecipient is not suspended or barred from federally funded programs.
3.3 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).
3.4 Subrecipient has obtained a business license from the City.
3.5 This MOU is fully executed by the Parties.
3.6 Subrecipient has been issued a “Notice to Proceed” by City.
4. Commitments.
4.1 City Commitments. The City agrees to do the following:
4.1.1 Funding. City shall provide funding to Subrecipient in a total amount not-to-exceed One Million Eight Hundred Seventy-Three Thousand Seven Hundred Dollars and No Cents ($1,873,700.00). Subrecipient will receive 100% of grant funds from City within thirty (30) days of execution of this MOU and submittal of requests for reimbursement is not required unless additional funds are distributed to and/or are sought by Subrecipient. Except as expressly provided in Section 4.1.1 of this MOU, Subrecipient shall not be entitled to, nor receive from City any additional funding or other type of remuneration for services rendered under this MOU. City’s payment to Subrecipient under this MOU is contingent on the availability of program funds and continued federal and state authorization for the funded program activities.
4.1.2 Advise Subrecipient of any changes in its personnel, operation, or policies which may impact the ERC Project;
4.1.3 Provide feedback to Subrecipient on performance of the ERC Project;
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 4 4.1.4 Meet with Subrecipient as necessary to conduct strategy, discuss and promote the ERC Project; and
4.2 Subrecipient Commitments. Subrecipient agrees to do the following:
4.2.1 Carry out the ERC Project in accordance with Exhibit “A” of this MOU. This shall include, but not be limited to, the marketing and promotion of the ERC Project to appropriate businesses and entrepreneurs;
4.2.2 Appoint a Program Manager as the liaison between the City and the Subrecipient, who will serve as the point of contact for the ERC Project;
4.2.3 Meet with City officials when needed to conduct strategy, discuss, and promote the ERC Project;
4.2.4 Use ARPA funds strictly in accordance with the ARPA Contract Requirements attached hereto as Exhibit “B,” which are incorporated herein by this reference. To the extent that any provision contained in Exhibit “B” conflicts with any provision of this MOU, Exhibit “B” governs. Any funds expended by Subrecipient in any manner that does not adhere to the ARPA program terms and conditions and this MOU 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; and ii) that are determined to have been misused. Notwithstanding the foregoing, the Project as described in Exhibit “A”, has been determined to be a proper use of ARPA funds .
4.2.5 Provide long-term small business support for eligible businesses that ensures sustainable success;
4.2.6 Ensure that all eligible current and aspiring small business owners have consistent access to the resources they need to start and grow their businesses;
4.2.7 Address disparities in small business ownership and entrepreneurship through a deliberate focus on underrepresented groups in the city, and as appropriate, surrounding communities;
4.2.8 Increase coordination and collaboration among entrepreneurial support organizations working within the region in order to establish a clear and easy-to- access continuum of support for entrepreneurs and small business owners;
4.2.9 Report to the City the following key program metrics on a quarterly basis:
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 5 (1) Clients counseled
(2) Clients trained
(3) Jobs supported
(4) Investment capital received
(5) Government contracts and certifications received
(6) Aggregate demographic data of clients served, including gender, ethnicity, veteran status (as reported by clients) (7) Aggregate business demographic data – industry type (as reported by clients)
(8) Client success stories
(9) Additional data, as agreed upon by the IECE and the City of San Bernardino
4.2.10 Record Inspection. Subrecipient agrees that it shall maintain and make available for inspection all books, records, papers, accounting records, or other documents pertaining to the performance of the ERC Project, including but not limited to, the costs associated with the ERC Project. Subrecipient shall make all such items available at their respective offices at reasonable times during the MOU term and for five years after the termination or expiration of this MOU. Subrecipient agrees that all duly authorized representatives shall have access to the documents during normal business hours.
4.3. Mutual Responsibilities.
4.3.1 Collaborate and develop strategies for the mutual promotion of the ERC Project;
4.3.2 Cooperate and work in good faith in order to accomplish the stated goals of the ERC Project;
4.3.3 After the execution of this MOU, participate in a kick-off meeting to coordinate the initial implementation of the ERC Project; and
4.3.4 Laws and Regulations. Each Party shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of this MOU or any work related to the ERC Project, including all Cal/OSHA requirements, and shall give all notices required by law. Each Party shall be liable for all violations of such laws and regulations in connection with this MOU or any work related to the ERC Project. If either Party performs any of its obligations hereunder knowing that its actions are contrary to such laws, rules and regulations and without giving written notice to the other, the violating Party shall be solely responsible for all costs arising therefrom. The violating Party shall defend, indemnify and hold the other, its officials, directors, officers, employees and agents free and harmless, pursuant to the DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 6 indemnification provisions of this MOU, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
5. Indemnification. To the fullest extent permitted by law, Subrecipient shall defend, indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner directly arising out of any alleged acts, errors or omissions, or willful misconduct of Subrecipient, its officials, officers, employees, subcontractors, consultants or agents in connection with this MOU, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the negligence or willful misconduct of the City, its elected and appointed officials, officers, employees, subcontractors, consultants or agents. Notwithstanding the foregoing, Subrecipient’s indemnification obligations shall still apply if Claims arise out of the negligence or fault of both Subrecipient and City. In instances of comparative fault, the apportionment of damages shall be shared between the Subrecipient and the City based upon the comparative degree of each other’s fault. Subrecipient’s contractual obligations shall not exceed the percentage of the damages attributable to Subrecipient’s fault. Subrecipient's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.
Subrecipient’s indemnification obligation shall survive for a period of four (4) years after the expiration or earlier termination of this MOU.
To the fullest extent permitted by law, City shall defend, indemnify and hold the Subrecipient, its officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner directly arising out of any alleged acts, errors or omissions, or willful misconduct of City, its elected and appointed officials, officers, employees, subcontractors, consultants or agents in connection with: (1) potential misrepresentations made by the City under this MOU and (2) Claims arising out of the City’s interpretation of the rules and regulations related to ARPA funding under this MOU, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the negligence or willful misconduct of the Subrecipients officials, officers, employees, subcontractors, consultants or agents. Notwithstanding the foregoing, City’s indemnification obligations shall still apply if Claims arise out of the negligence or fault of both City and Subrecipient. In instances of comparative fault, the apportionment of damages shall be shared between the City and the Subrecipient DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 7 based upon the comparative degree of each other’s fault. City’s contractual obligations shall not exceed the percentage of the damages attributable to City’s fault. City’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Subrecipient, its employees, or authorized volunteers. City’s indemnification obligation shall survive for a period of four (4) years after the expiration or earlier termination of this MOU.
6. Insurance. Subrecipient shall not commence work under this MOU until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Subrecipient shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
6.1 Additional Insured
The City of San Bernardino shall be named as additional insureds on Subrecipient’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
6.2 Commercial General Liability
6.2.1 The Subrecipient shall take out and maintain, during the performance of all work under this MOU, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
6.2.2 Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
6.2.3 Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 8 (8) Broad Form Property Damage
(9) Independent Consultants Coverage
6.2.4 The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the MOU.
6.2.5 The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
6.2.6 The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
6.3 Automobile Liability
6.3.1 At all times during the performance of the work under this MOU, the Subrecipient shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
6.3.2 Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
6.3.3 The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
6.3.4 Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
6.4 Workers’ Compensation/Employer’s Liability
6.4.1 Subrecipient certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this MOU.
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 9 6.4.2 To the extent Subrecipient has employees at any time during the term of this MOU, at all times during the performance of the work under this MOU, the Subrecipient shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this MOU, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Subrecipient shall require all subcontractors to obtain and maintain, for the period required by this MOU, workers’ compensation coverage of the same type and limits as specified in this section.
6.5. Minimum Policy Limits Required.
6.5.1 The following insurance limits are required for the MOU:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and
property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
6.5.2 Defense costs shall be payable in addition to the limits.
6.5.3 Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this MOU.
6.6 Evidence Required
Prior to execution of the MOU, the Subrecipient shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 10 insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
6.7 Policy Provisions Required
6.7.1 Subrecipient shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this MOU, except that the Subrecipient shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this MOU, the Subrecipient shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
6.7.2 The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Subrecipient’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
6.7.3 The retroactive date (if any) of each policy is to be no later than the effective date of this MOU. Subrecipient shall maintain such coverage continuously for a period of at least three years after the completion of the work under this MOU.
Subrecipient shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this MOU; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this MOU.
6.7.4 All required insurance coverages shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Subrecipient or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Subrecipient hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
6.7.5 The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Subrecipient from liability in excess of such coverage, nor shall it limit the Subrecipient’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the MOU or law.
6.8 Qualifying Insurers
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 11 6.8.1 All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
6.9. Additional Insurance Provisions
6.9.1 The foregoing requirements as to the types and limits of insurance coverage to be maintained by Subrecipient, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Subrecipient pursuant to this MOU, including, but not limited to, the provisions concerning indemnification.
6.9.2 If at any time during the life of the MOU, any policy of insurance required under this MOU does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Subrecipient or City will withhold amounts sufficient to pay premium from Subrecipient payments. In the alternative, City may cancel this MOU.
6.9.3 The City may require the Subrecipient to provide complete copies of all insurance policies in effect for the duration of the ERC Project.
6.9.4 Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this MOU.
6.10 Subcontractor Insurance Requirements. Subrecipient shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Subrecipient, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
7. Force Majeure. In addition to specific provisions of this MOU, performance by either Party hereunder shall not be deemed to be in default, or considered to be a DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 12 default, where delays or defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity. Delays encountered by either Party in obtaining governmental actions, reviews, approvals and permits shall not be deemed to be an enforced delay or a force majeure event pursuant to this Section. An extension of time for any such force majeure event shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided, however, that the Party that claims the existence of the delay has first provided the other Party with written notice of the occurrence of the delay within seven (7) calendar days after the commencement of such occurrence or delay. A Party’s failure to timely submit such notice of the occurrence of the delay pursuant to this Section shall be precluded from asserting the occurrence of an enforced delay or force majeure event.
8. Termination.
8.1 Termination for Convenience. Either City or Subrecipient may terminate this MOU at any time without cause by giving the other written notice of the date of termination at least 30 calendar days before. If this MOU is terminated as provided herein, Subrecipient will return unexpended and unobligated balance of ARPA funds provided to Subrecipient under to this MOU to City within thirty (30) calendar days.
8.2 Termination for Cause. If for any reason, Subrecipient fails to fulfill in a timely and proper manner its obligation under this MOU, or if Subrecipient violates any of the covenants of this MOU, City has the unilateral right to terminate this MOU 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 MOU is terminated as provided herein, Subrecipient will return unexpended and unobligated balance of ARPA funds provided to Subrecipient under to this MOU to City within thirty (30) calendar days.
9. Miscellaneous Provisions.
9.1. Captions. Any captions to, or headings of, the sections or subsections of this MOU are solely for the convenience of the parties, are not a part of this MOU, and shall not be used for the interpretation or determination of the validity of this MOU or any provision hereof.
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 13 9.2. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this MOU shall not be deemed to confer any rights upon, or obligate the parties, to any person or entity other than the parties hereto.
9.3. Notice. Any notice or instrument required to be given or delivered by this MOU may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Nathan Freeman, Agency Director of
Community, Housing, and Economic
Development
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUBRECIPIENT:
Inland Empire Center for Entrepreneurship
at California State University, San
Bernardino
Jack H. Brown Hall, 5500 University Pkwy,
San Bernardino, CA 92407
Attn: Dr. Michael Stull
With Copy to:
University Enterprise Corporation
California State University, San
Bernardino
5500 University Parkway
San Bernardino, CA 92407
Attn: Diane Trujillo
9.4. Laws and Venue . This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
9.5. Entire MOU. This MOU, including exhibits, represents the entire understanding of City and Subrecipient as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated MOU.
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 14 9.6. Resolution of Disputes.
9.6.1 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.
9.6.2 In the event that litigation is brought by any Party in connection with this MOU, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
9.7. Severability. If any provision of this MOU is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this MOU shall remain in full force and effect.
9.8. Successors and Assigns. This MOU shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this MOU. However, Subrecipient shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
9.9. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this MOU shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
9.10. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this MOU.
9.11. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single MOU.
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 15 9.12. 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.
9.13. Authority. The persons executing this MOU on behalf of the Parties hereto warrant that they are duly authorized to execute this MOU on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this MOU.
9.14. Electronic Signature. Each Party acknowledges and agrees that this MOU may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 16 SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO
AND UNIVERSITY ENTERPRISES CORPORATION AT CSUSB
IN WITNESS WHEREOF, the Parties have executed this MOU as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E. McNeely
Interim City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
SUBRECIPIENT
University Enterprises Corporation at
CSUSB
Signature
Name
Title
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA Diane Trujillo
Director Sponsored Programs Administration
17 EXHIBIT “A”
ENTREPRENEURIAL DEVELOPMENT SERVICES
The following programs and activities from the Inland Empire Center for Entrepreneurship (IECE) at California State University San Bernardino will provide resources and support for entrepreneurs and small business owners located in the City of San Bernardino. The goal is to aid aspiring and existing small business owners through business counseling and specialized business assistance programs to help them recover from the ongoing and residual effects of the pandemic and build sustainable resilience to navigate and survive future economic challenges.
The proposed activities and services will be delivered by our premier programs – the Inland Empire Small Business Development Center (SBDC) and Women’s Business Center (WBC) – and in addition to providing new services and programs, will leverage our existing infrastructure, staff, faculty and funding support. Thus, the City is investing in a well-established program and leveraging a wide range of State and Federal funds currently invested in the IECE.
Total Project Cost: $ $3,843,138.77 (average annual cost - $1.28 million) Funding Requested: $1,873,699.97
Funding period: 3 years
1. Entrepreneurial Resource Center (ERC)
Project Overview
Historically there has been a lack of coordination among the roughly two dozen organizations working to support entrepreneurship in the Inland Empire. While some of the smaller entities leverage the programs and resources of larger, better-established organizations, most work in relative isolation and lack the capacity to meet the changing needs of entrepreneurs as they move from initial idea to business launch. These coordination deficits result in duplicative efforts and disjointed programming that can be difficult to access and navigate.
The Entrepreneurial Resource Center (ERC) will provide a centrally located and easily accessible hub for small business training and technical assistance. The ERC will bring together a wide range of entrepreneurial support organizations to provide a complete set of training, technical assistance, and access to resources for small business owners and entrepreneurs in the general service area of the location. It will improve access to resources for all aspiring and existing entrepreneurs, increase the DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 18 rate of business creation, and foster greater success and long-term sustainability for local small businesses.
The ERC will be anchored by the IECE—one of the largest university-based Centers for Entrepreneurship in the world and the most experienced and comprehensive entrepreneurial technical assistance provider in the Inland Empire —and the globally recognized School of Entrepreneurship (SoE), which remains the first and only school of its kind in the state. The extensive array of entrepreneurial support programs offered by the IECE and SoE encompasses every stage of company formation and growth. Together the IECE and SoE will work with partner entrepreneurial support organizations to set clear objectives, develop programming, and deliver services with tangible results.
Historically entrepreneurial support organizations in the region have worked largely in isolation, though a small number have focused on leveraging the programming and resources of larger, more established organizations. The ERC will convene these actors in order to create a well-defined and well- coordinated continuum of services capable of supporting businesses across their entire lifecycle. It will also work with the potential Supply SB supplier (part of the San Bernardino Investment Playbook) diversity initiative to connect local Latino and Black vendors to contract-readiness programming and procurement-focused sales opportunities.
Key Objectives of the ERC
Ensure that all current and aspiring small business owners have consistent access to the resources they need to start and grow their businesses.
Provide long-term small business support that ensures sustainable success.
Address disparities in small business ownership and entrepreneurship through a deliberate focus underrepresented groups in the city, and as appropriate, surrounding communities (e.g., Rialto, Highland, Colton, Redlands).
Increase coordination and collaboration among entrepreneurial support organizations working within the region in order to establish a clear and easy-to-access continuum of support for entrepreneurs and small business owners.
Location, Size, and Scope
The target location for the ERC is the Chase Building in downtown San Bernardino.
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 19 Facility size: approximately 5,000 square feet, to include: Private office space:
9 offices for IECE and partner organizations
Number of people working in the facility (including administrative staff): 10-15 Cohort-focused programs: 50 per cohort, offered quarterly in English and Spanish
Foot traffic (drop-in public events, use of meeting space, etc.): 2,500 served each year, 10 percent of which will be drop-in traffic.
Program Components
The ERC, at its core, will provide both short and long-term business counseling and training services from programs such as the Inland Empire Small Business Development Center (IESBDC), Inland Empire Women’s Business Center (IEWBC) that will assist business owners at every stage of development, from startup to growth. In addition, we plan to provide a range of specialized programs and services (based on need and demand) such as:
Marketplace Program – Assists entrepreneurs as they move from initial idea to microbusiness launch with tracks for farmers market / craft fair sales (IE Made), e-commerce (California Shop Small-Amazon), wholesale (procurement network), and exports.
SBDC Eats Program – Six-week program that prepares participants to start and run a food-based business (includes follow-on counseling). Catapult Business Growth Network – 50-hour intensive for small business owners focused on key concepts and tools proven to drive and manage business growth (includes peer mentoring network). Financial Fitness Boot Camp – Four-day workshop for small business owners focused on financial literacy and financial management basics. Main Street Digital Program – Assists brick-and-mortar businesses interested in having an online presence.
SBDC Center for Contracting – Helps small businesses with contract readiness and securing contracts.
UpStarters Discovery Program – Introduces middle and high school students to entrepreneurship fundamentals.
Startup programs and workshops delivered in Spanish – like ones delivered by Association de Emprendedor@s.
Other entrepreneurial support programs and services based on need/demand.
IECE estimates that more than 2,500 small businesses will be served annually through the ERC, with small business owners receiving access to free business counseling, training and mentoring programs.
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 20 Cost
To create the ERC and ensure a minimum operating period of 3 years will require an investment of approximately $3.84 million (approximately $1.28 million per year). This will leverage the IECE and SoE current annual investment of over $600,000 in small business technical assistance resources (staff and programs) in addition to the City contribution as provided for in this MOU, and allow for establishment of the location, performing necessary facility improvements, and ongoing space costs, deploying additional staff resources necessary, and support for partner organizations. A sustainability plan is in place that will allow the ERC to operate indefinitely. In addition to seeking ongoing funding through various grants, the intent is to have the planned farmers market; co-working space, incubator and commercial food kitchen/food lab (if applicable) generate sufficient revenue at maturity to cover the annual operating costs.
Reporting
The IECE will report to the City the following key program metrics on a quarterly basis:
Clients counseled
Clients trained
Jobs supported
Investment capital received
Government contracts and certifications received
Aggregate demographic data of clients served, including gender, ethnicity, veteran status (as reported by clients)
Aggregate business demographic data – industry type (as reported by clients)
Client success stories
Additional data, as agreed upon by the IECE and the City of San Bernardino
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 21 DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 22 EXHIBIT B
ARPA CONTRACT REQUIREMENTS
1. COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS
1.1 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:
(A) 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. This includes ensuring that any procurements using ARPA funds are consistent with the procurement standards in the Uniform Guidance at 2 CFR 200.317 through CFR 200.327, as applicable;
(B) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, including Appendix A to 2 C.F.R. Part 25; (C) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, including Appendix A to 2 C.F.R. Part 170; (D) 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;
(E) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.
Part 20;
(F) New Restrictions on Lobbying, 31 C.F.R. Part 21;
(G) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§4601-4655) and implementing regulations; DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 23 (H) 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; (I) 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;
(J) 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; (K) 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
(L) 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 p rograms, activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
1.2 Subrecipient further agrees to comply with all environmental, procurement, construction, and other guidelines provided by City.
1.3 Subrecipient will obtain all necessary permits and licenses that are necessary for its performance under this MOU.
1.4 Failure to meet established performance goals and standards or non-compliance with applicable rules and regulations constitute s non-compliance with the terms of this MOU. City is entitled to avail itself of one or more of the following remedies to address noncompliance:
(A) Temporarily withhold cash payments pending correction of deficiencies by Subrecipient;
(B) Disallow all or part of the cost of the activity or action not in compliance
(C) Wholly or partly suspend or terminate the current award for Subrecipient's program;
(D) Withhold further awards for the program; or
(E) Take other remedies that may be legally available.
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 24 2. SUBCONTRACTS
Subrecipient will incorporate the same or substantially equivalent requirements as are contained in this MOU (with exception for Commercial General Liability coverage which may be satisfied with $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage) in many subcontracts that utilize any ARPA funds or that support any ARPA funded project covered by this MOU. Notwithstanding the requirements of this Agreement, some subcontractors may be small, disadvantaged businesses and unable to meet the insurance requirements as defined above. In the event a potential subcontractor cannot meet the insurance requirements contained in this MOU, Subrecipient shall seek City’s consent to allow deviation from the standard insurance requirements. All subcontractors will meet the minimum statutory requirements necessary to conduct business in the state of California. 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 MOU.
3. NON-DISCRIMINATION/GRIEVANCE PROCEDURES
3.1 No person with responsibilit ies in the operation of any project under this MOU may discriminate because of race, creed, color, national origin, age, sex, political affiliation, handicap, beliefs, or marital or familial status.
3.2 Subrecipient will ensure that every effort is made to provide equal opportunity to every potential minority and women's business vendor, contractor, and subcontractor.
4. STANDARD OF CONDUCT/CONFLICT OF INTEREST AND LOBBYING
4.1 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 locali ties who exercises any function or responsibility with respect to the program during that p erson’s tenure, may have any direct interest, in any contract or subcontract, or the process thereof which conflicts with the work to be performed in connection with the programs activities assigned under this MOU.
4.2 By entering into this MOU, Subrecipient certifies that:
(A) 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 DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 25 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. (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, Subrecipient must complete and submit Standard Form -LLL, "Disclos ure Form to Report Lobbying," in accordance with its instructions, and other federal disclosure forms as requested.
(C) 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.
4.3 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.
5. FISCAL CONTROL
5.1 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 MOU. Subrecipient must maintain separat e accounts within established bookkeeping systems for ARPA funds.
5.2 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.
5.3 City will pay Subrecipient progress payments at the time and in the manner set forth in the MOU. 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 back -up documentation as specified by City with request for payment.
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 26 5.4 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 MOU.
5.5 City will notify Subrecipient in writing regarding any controversy or proceeding between City and Treasury arising from this MOU. Subrecipient will be permitted to respond regarding the controversy or proceeding.
5.6 All financial transactions must be supported by complete and verifiable source documents. Records must provide a clear audit trail.
6. REVERSION OF ASSETS
6.1 Funds. Upon expiration of this MOU, Subrecipient will transfer to City any remaining ARPA funds in Subrecipient's control at the time of expiration of this MOU.
6.2 Equipment. If Subrecipient has used ARPA funds to purchase t angible, nonexpendable, personal property having a useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit, Subrecipient may use such equipment for the purpose for which it was acquired as long as needed for the program or project described in this MOU. When no longer needed for the original program or project, the equipment must be returned to the City.
6.3 Real Property . If Subrecipient has used ARPA funds to purchase real property, and Subrecipient sells or otherwise disposes of such real property, Subrecipient shall return the ARPA -share of the purchase to City. The ARPA-share shall be computed by applying the percentage of ARPA funds that went toward the cost of the original purchase (and costs of any improvements) multiplied by the fair market value of the property at the time of sale by the Subrecipient.
7. REQUESTS FOR TECHNICAL ASSISTANCE
Subrecipient will refer to the City 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 day-to-day program operation may be directed to the designated City representative.
8. RECORDS AND REPORTS
8.1 Subrecipient understands and agr ees that City may, at any time, request additional information that may be required for the purpose of making DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA 27 necessary reports to Treasury, or for otherwise evaluating Subrecipient's progress and performance under this MOU. 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.
8.2 Subrecipient further understands and agrees that the records and additional information described in this section must be retained on a continuing basis for a period of five (5) years after this MOU has expired.
9. CONTRACT RESPONSIBILITY FOR MONITORING AND RECORDS
9.1 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 action s 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:
9.2 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.
DocuSign Envelope ID: 54589CED-2603-401F-8186-25B389AF2751 DocuSign Envelope ID: 324E2873-6854-4C1C-BE7D-B737DEC524DA