Laserfiche WebLink
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. <br /> <br />7.9 Audits and Inspections. All Consultant records with respect to any matters covered by this <br />agreement shall be made available to City (as grantor agency), their designees or the Federal Government, at any <br />time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or <br />transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Consultant within <br />thirty (30) days after receipt by Consultant. Failure of Consultant to comply with the above audit requirements will <br />constitute a violation of this Agreement and may result in the withholding of future payments. Consultant hereby <br />agrees to have an annual agency audit conducted in accordance with current City policy concerning Consultant <br />audits. <br /> <br />8.0 ENFORCEMENT OF AGREEMENT <br /> <br />8.1 Applicable Law. This Agreement shall be construed and interpreted both as to validity and to <br />performance of the parties in accordance with the laws of the State of California and the United States, as <br />applicable. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall <br />be instituted in the Superior Court of the County of Alameda, State of California, the United States District Court for <br />the Northern District of California, or any other appropriate court in Alameda County, and Consultant covenants and <br />agrees to submit to the personal jurisdiction of such court in the event of such action. <br /> <br /> 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the <br />insuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing <br />its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of <br />service of such notice and completes the cure of such default within thirty (30) days after service of the notice, or <br />such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to <br />the health, safety and general welfare, such immediate action may be necessary. Notwithstanding the foregoing, <br />City may suspend any further payment of CDBG Funds until Consultant is in compliance with this Agreement. <br />Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for <br />cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in <br />the event that the depute is not cured. <br /> <br />8.3 Remedies upon Default by Consultant. In addition to any other rights or remedies available at law <br />or in equity, if Consultant fails to fulfill its obligations under this Agreement, City may, after compliance with the <br />provisions of Section 8.2: <br /> <br />a. Temporarily withhold payment of CDBG Funds pending correction of the default by <br />Consultant; <br /> <br />b. Refuse to advance all or any part of the CDBG Funds for the project and reallocate said <br />funds to another activity; <br /> <br />c. Wholly or partially suspend or terminate the award and this Agreement; and; <br /> <br />d. Withhold further awards for the project and/or the facility; and <br /> <br />e. Require Consultant to repay any CDBG Funds that the City determines were not expended <br />in compliance with the requirements of this Agreement, the Act or the regulations. <br /> <br />8.4 Termination for Convenience. This Agreement may be terminated for convenience as provided in <br />24 CFR Section 85.44. <br /> <br />8.5 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on <br />any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any <br />act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary