Agmt 2017 CDBG ECHO Housing Fair Housing 3245

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7.8 National Objectives. The Subreopiontagrees to maintain documentation that demonstrates that the oodviUem carried out with funds provided under this Agreement meet one or more of the COBE) program's national objectives: (a) benefit low/moderate income persons, (b) aid in the prevention or elimination of slums or blight, (c) meet community development needs having a particular urgency(as defined in 24 CFR Part 570.208). 7.7 Performance Monitoring. The City of San Leandro will monitor the performance of the Subrecipient against by the City of San Leandro will constitute non-compliance with this agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City of San Leandro, contract suspension or termination procedures will be initiated. 7.8 Close-Outs. Subnecipientob|iguUon to the City ofSan Leandro ahuU not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final paymenho, disposing of program assets (including the return of all unused materials, equipment' unspent cash advanoeu, program income balances, and receivable accounts to the City of San Leandro), and determining the custodianship of records. 7.9 Audits and Inspections. All Subrenipient records with respect to any matters covered by this agreement shall be made available to the City of San Loandro, grantor agency, their designees or the Federal Gnvernment, utany time during normal business hours, as often as the City of San Leandro orgrantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subneoipient within 30 days eKnr receipt by the SubnaoipiunL Failure of the Subnocipientto comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrmoipieni hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Subrecipient audits. 8.0 ENFORCEMENT OF CONTRACT 8.1 Applicable Law. This Agreement shall be construed and interpreted both an to validity and to performance of the parties in accordance with the |owm of the State of California and the United States, an applicable. Legal actions concerning any dispute, claim or matter arising out ofor in relation to this Agreement shall be instituted in the Superior Court of the County of Alameda, State of California, the United States District Court for the Northern District of California, or any other appropriate court in Alameda County' and Subrecipient covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event ofany dispute arising under this Agreement' the injured party shall notify the insuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ban (10) days of service of such notice and completes the cure of such default within thirty (30) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger (othe health, safety and Aonene| vve|fana' such immediate action may be necessary. Notwithstanding the foregoing, the City may suspend any further payment ofCDBG funds until Subrocipient is in compliance with this Agreement. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for ooumo and to any legal action, and such compliance shall not be awaiver of any party's right totake legal action inthe event that the depute ionot cured. 8.3 Remedies Upon Default by Subnmoip|ent. In addition to any other rights or remedies available at law or in equity, ifSubnooipientfails to fulfill its obligations under this Agreement, City may, mMor compliance with the provisions of Section 8.2: a. Temporarily withhold payment of COBG funds pending correction of the default by Subreoipiont; b. Refuse to advance all or any part of the CDBG funds for the project and reallocate said funds hoanother activity; 1O'