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b. Retention. Consultant shall retain all records, including any and all ledges, books of account,
<br /> invoices, vouchers,. cancelled checks, pertinent to charges for services or expenditures incurred and disbursements
<br /> charges under this Agreement for a period of four (4) years after the termination of all activities funded under this
<br /> agreement, or after the resolution of all Federal audit findings, whichever occurs later. Records for non - expendable
<br /> property acquired with funds under this Agreement shall be retained for four (4) years after final disposition of such
<br /> • property. Records for any displaced person must be kept for four (4) years after he/she has received final payment.
<br /> c. Records Created as Part of Consultant's Performance. All reports, data, maps, models,
<br /> charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files or any other
<br /> documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this
<br /> Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees
<br /> to deliver those documents to City upon termination of the Agreement. It is understood and agreed that the
<br /> documents and other materials, including but not limited to those' described above, prepared pursuant to this
<br /> Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. City and
<br /> Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are
<br /> confidential and will not be released to third parties without prior written consent of both parties.
<br /> •
<br /> d. Inspection and Audit of Records. Any records or documents that Section 7.2 of this
<br /> Agreement requires Consultant to maintain shall be made available for inspection, audit, and /or copying at any time
<br /> during regular business hours, upon oral or written request of. City. Under California Govemment Code Section
<br /> 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000), the
<br /> Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any
<br /> audit of City, for a period of three (3) years after final payment under the Agreement.
<br /> 7.3 Client Data. Consultant shall maintain client data demonstrating client eligibility for services
<br /> provided. Such data shall include, but not be limited to, client name, address, income level or other basis for
<br /> determining eligibility, and description of service provided. Such information shall be made available to City
<br /> monitors or their designees for review upon request.
<br /> 7.4 Disclosure. Consultant understands that client information collected under this Agreement is
<br /> private and the use or disclosure of such information, when not directly connected with the administration of City's or
<br /> Consultant's responsibilities with respect to services provided under this Agreement, is prohibited by law unless
<br /> written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible
<br /> parent/guardian.
<br /> 7.5 Property Records. Consultant shall maintain real property inventory records that clearly identify
<br /> properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall
<br /> conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
<br /> 7.6 National Objectives. Consultant agrees to maintain documentation that demonstrates that the
<br /> activities carried out with CDBG Funds provided under this Agreement meet one or more of the CDBG program's
<br /> national objectives: (a) benefit low /moderate income persons, (b) aid in the prevention or elimination of slums or
<br /> blight, (c) meet community development needs having a particular urgency (as defined in 24 CFR Part 570.208).
<br /> 7.7 Performance Monitoring. City will monitor the performance of Consultant against goals and
<br /> performance standards required herein. Substandard performance as determined by City will constitute non-
<br /> compliance with this agreement. If action to correct such substandard performance is not taken by Consultant
<br /> within a reasonable period of time after being notified by City, contract suspension or termination procedures will be
<br /> initiated.
<br /> 7.8 Close -Outs. Consultant obligation to City shall not end until all closeout requirements are
<br /> completed. Activities during this closeout period shall include, but are not limited to: making final payments,
<br /> disposing of program assets (including the return of all unused materials, equipment, unspent cash advances,
<br /> program income balances, and receivable accounts to City), and determining the custodianship of records.
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<br /> CDBG Consulting Services Agreement
<br /> for Neighborhood Solutions FY12 -13
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