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b. Retention. The Subrecipient shall retain all records pertinent to expenditures incurred under <br />this Agreement for a period of four (4) years after the termination of all activities funded under this Agreement, or after <br />the resolution of all Federal audit findings, whichever occurs later. Records for non -expendable property acquired <br />with funds under this Agreement shall be retained for four (4) years after final disposition of such property. Records <br />for any displaced person must be kept for four years after he/she has received final payment. <br />7.3 Client Data. The Subrecipient 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 of San <br />Leandro monitors or their designees for review upon request. <br />7.4 Disclosure. The Subrecipient 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 the City <br />of San Leandro's or Subrecipient's responsibilities with respect to services provided under this Agreement, is <br />prohibited by law unless written consent is obtained from such person receiving service and, in the case of a minor, <br />that of a responsible parent/guardian. <br />7.5 Property Records. The Subrecipient shall maintain real property inventory records that clearly <br />identify 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. The Subrecipient agrees to maintain documentation that demonstrates that the <br />activities carried out with funds provided under this Agreement meet one or more of the CDBG program's national <br />objectives: (a) benefit low/moderate income persons, (b) aid in the prevention or elimination of slums or blight, (c) <br />meet community development needs having a particular urgency (as defined in 24 CFR Part 570.208). <br />7.7 Performance Monitoring. The City of San Leandro will monitor the performance of the Subrecipient <br />against goals and performance standards required herein. Substandard performance as determined by the City of <br />San Leandro will constitute non-compliance with this agreement. If action to correct such substandard performance <br />is not taken by the Subrecipient within a reasonable period of time after being notified by the City of San Leandro, <br />contract suspension or termination procedures will be initiated. <br />7.8 Close -Outs. Subrecipient obligation to the City of San Leandro shall not end until all closeout <br />requirements are completed. Activities during this closeout period shall include, but are not limited to: making final <br />payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash <br />advances, program income balances, and receivable accounts to the City of San Leandro), and determining the <br />custodianship of records. <br />7.9 Audits and Inspections. All Subrecipient records with respect to any matters covered by this <br />agreement shall be made available to the City of San Leandro, grantor agency, their designees or the Federal <br />Government, at any time during normal business hours, as often as the City of San Leandro or grantor agency deems <br />necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit <br />reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the <br />Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result <br />in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in <br />accordance with current City policy concerning Subrecipient audits. <br />8.0 ENFORCEMENT OF CONTRACT <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 applicable. <br />Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted <br />in the Superior Court of the County of Alameda, State of California, the United States District Court for the Northern <br />District of California, or any other appropriate court in Alameda County, and Subrecipient covenants and agrees to <br />submit to the personal jurisdiction of such court in the event of such action. <br />-10- <br />CDBG Agreement with CALICO FY16-17 <br />