(5) Records documenting compliance with the fair housing and equal opportunity
<br />components of the CDBG program;
<br />(6) Financial records as required by 24 CFR Part 570.502, and Part 84; and
<br />(7) Other records necessary to document compliance with Subpart K of 24 CFR 570.
<br />
<br /> 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 />
<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 Government 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 />
<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 />
<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 />
<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 />
<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 />
<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 />
<br />7.8 Close-Outs. Consultant obligation to City shall not end until all closeout requirements are
|