Agmt23 Rape Trauma Services CDG FY23-24

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REV: 11-20-23 SK have agreed upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. D. In accordance with 2 CFR Section 200.340, Subrecipient may terminate this Agreement upon sending City written notification setting forth the reasons for such termination, the effective date and, in the case of partial termination, the portion to be terminated; provided, however, if City determines in the case of partial termination that the reduced or modified portion of the Subaward provided hereunder will not accomplish the purposes for which the Subaward was made, City may terminate this Agreement and the Subaward in its entirety. 14. REVERSION OF ASSETS. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Sections 200.311 and 313, 24 CFR Sections 570.502, 570.503, 570.504, and 570.505 as applicable, which include but are not limited to the following: A. Upon the expiration or earlier termination of this Agreement, Subrecipient will return to City any CDBG funds on hand at such time and any accounts receivable attributable to the use of CDBG funds. B. Upon the expiration or earlier termination of this Agreement, any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to Subrecipient in the form of a loan) in excess of $25,000 be either: (i) Used to meet one of the national objectives in 24 CFR Section 570.208 (formerly §570.901) until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the recipient; or (ii) When not used in accordance with Subsection 14(B)(i) above, Subrecipient will pay City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the five-year period specified in Subsection 14(B)(i) has expired. 15. CONTRACTOR’S STATUS. In the performance of the obligations set forth in this Agreement, Subrecipient will have the status of an independent contractor and will not be deemed to be an employee, agent or officer of City. 16. SUBCONTRACTING. Subrecipient will not subcontract any portion of the Project without prior written approval of City. If Subrecipient subcontracts any portion of the Project, Subrecipient will be fully responsible to City for the acts and omissions of Subrecipient’s subcontractor and of the persons either directly or indirectly employed by Subrecipient. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Subrecipient and City. Subrecipient will be responsible for payment of subcontractors. Subrecipient will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Subrecipient’s work unless specifically noted to the contrary in the subcontract and approved in writing by City. ATTY/AGR.2023.280/Rape Trauma Services (FY23-24 CDBG Agreement) (Page 6 of 17)