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7.7 Performance Monitoring. The City ofSan Leandro will monitor the performance ofthe Subrecipient <br />against goals and performance standards required herein. Substandard performance asdetermined 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 Subnecipientvvithin a reasonable period of time after being notified by the City of San Leandro, <br />contract suspension o/termination procedures will beinitiated. <br />7.8 Close -Outs. Subrecipientobligation to the City of San Leandro ohmU not end until all closeout <br />requirements are completed. Activities during this closeout period shall indude, but are not limited to: making final <br />payments, disposing of program assets (including the return of all unused mateha|e, equipmnent, unspent cash <br />advanoeo, program income ba|onmae, and receivable accounts to the City ofSan Leondro), and determining the <br />custodianship ofrecords. <br />7.8 Audits and Inspections. All Subrecpient records with respect to any matters covered by this <br />agreement ahoU be made available to the City of San Leandpo, 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, tuaudit, examine, and make excerpts ortranscripts ofall relevant data. Any deficiencies noted inaudit <br />reports must be fully cleared by the Subne:ipient within 30 days after receipt by the SubreoipienL Failure of the <br />Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result <br />inthe withholding offuture payments. The 8ubnecipienthereby agrees tohave onannual agency audit conducted in <br />accordance with current City policy concerning Gubneoipientaudito. <br />81 Applicable Law. This Agreement shall be construed and interpreted both ootovalidity and to <br />performance of thepodieminmouordonoe with the laws ofthe State VfCalifornia and the United States, oeapplicable. <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 A|ennedo County, and Subreoipientuovenante and agrees to <br />submit to the personal jurisdiction of such court in the event of such action. <br />8.2 Disputes. |nthe event ofany dispute arising under this Agreement, the injured pahysha|nodfythe <br />insuring party inwriting ofits contentions bvsubmitting mclaim therefore. The injured padyahaUoonhnuep*donming <br />its obligations hereunder oolong aethe injuring pmrtyonmnnenceotocunosuuhdefauhvvithinten(1O)dayeofeen/ioe <br />of such notice and completes the cure of such default within thirty (30) days after service of the notice, or such longer <br />period as may be permitted by the injured party; provided that if the default is an immediate danger to the hem|th, <br />safety and general welfare, such immediate may be necessary. Notwithstanding the foregoing, the City may <br />suspend any further payment of CDBG funds until Subrecipient is in compliance with this Agreement. Compliance <br />with the provisions of this Section shall be o condition precedent to termination of this Agreement for cause and to <br />any legal ection, and such compliance eho|| not be a waiver pfany party's right totake |oOo| action in the event that <br />the depute ienot cured. <br />8.3 Remedies Upon Default by In addition to any otherrights orren�md�a available at <br />�vvorinequkJ <br />v.8ubreopk*ntfails tofu�U�its obligations underthiaAoreement.Citymay.afterconnp|iancewdhQhe <br />provisions of Section 8.2: <br />a. Temporarily vvUhhokj payment of CDBG funds pending correction of the default by <br />b. Refuse toadvance all orany part of the CDEG funds for the project and reallocate said funds <br />toanother activity; <br />C. Wholly mpartially suspend orterminate the award and this Agreement; and; <br />d. Withhold further awards for the project ond/orthahac|Ux;and <br />e. Require Subrecipient 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 />1O <br />CIDBG Agreement with Child Abuse Listening, Interviewing and Coordination Center (CAucD)rvon10-2o e <br />