SANTA ANA WORK CENTER/ ADULT EMPLOYMENT TRAINING PROGRAM

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B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to SUBRECIPIENT for said program, Adult Employment Training Program, is One -Hundred Fifty Thousand Dollars ($150.000.00) ("CDBG-CV FUNDS"), for the term commencing on the date first written above and continuing for (12) months. This Memorandum of Understanding shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the CDBG-CV funds were awarded to the CITY. The Term of this Memorandum of Understanding may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. The CDBG-CV FUNDS shall be disbursed by CITY to SUBRECIPIENT on a bi-monthly basis subject to and upon receipt and approval of a complete bi-monthly activity report from SUBRECIPH NT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the amount of CDBG-CV FUNDS to SUBRECIPIENT, or to completely terminate this Memorandum of Understanding , in the CITY's sole discretion, if there is a reduction in CDBG-CV FUNDS provided to the CITY. The CITY reserves the right to reduce the grant application if the CPI'Y's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program years. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Memorandum of Understanding to operate said program, as set forth in Exhibit A, attached hereto and by this reference incorporated herein. SUBRECIPIFI WS failure to perform as required may, in addition to other remedies set forth in this Memorandum of Understanding , result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPM NT hereunder, D. Allowable Costs. SUBRECIPIENT agrees to complete said program within the tern of this Memorandum of Understanding, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in Exhibit B, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Memorandum of Understanding. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as the total budget amount does not increase. Pursuant to 2 CFR §200.33 1 (a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPM'NT and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. For this Memorandum of Understanding , the de minimis indirect cost rate of 10% will apply.