Agmt 2018 CDBG Subrecipient Davis Street Family Resource Center #3465

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7.0 National Objectives. The Subrecipient agrees to maintain documentation that demonstrates that the activities uunied out with funds provided under this Agreement nnaot one or more of the CDBG 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). 77 Performance Monitoring. The City ofSan Leandro will monitor the performance ofthe Subveoipient against goals and performance standards required herein. Substandard performance asdetermined bvthe City of San Leandro will constitute non-compliance with this agreement. If action to correct such substandard performance is not taken by the Gubrecipient within a reasonable period of time after being notified by the City of San Leandro. contract suspension ortermination procedures will beinitiated. 7.8 Close -Outs. SubnanipientobUgation to the City of San Leandro ehmU not end until all closeout requirements are completed. Activities during this closeout period shall ino|ude, but are not limited to: making final peymento, disposing of program aaomta (including the return of all unused moterio|o, equipment, unspent cash advmncea, program income ba|ancen, and receivable accounts to the City ofSan Laandro), and determining the custodianship of records. 7.9 Audits and Inspections. All Gubneoipient nacon]e with respect to any medene covered by this agreement shall be made available to the City of San Leandro, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the City of San Leandro or grantor agency deems naceaaory, to audit' exmmine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Gubrenipient within 30 days after receipt by the Subneoipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result inthe withholding offuture payments. The 8ubnecipienthereby agrees tohave anannual agency audit conducted in accordance with current City policy concerning 8ubrncipiontoudibs. 81 Applicable Law. This Agreement shall be construed and interpreted both as to validity and to performance ofthe parties inaccordance with the laws ofthe State ofCalifornia and the United States, asapplicable. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County ofAlameda, State of California, the United States District Court for the Northern District of California, or any other appropriate court in Alameda County, and Subnaoipient covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the insuring party inwriting ofits contentions bvsubmitting oclaim therefore. The injured padyshaUoontnueperfonning its obligations hereunder oolong amthe injuring podycomnnenoestoounasuohdefaultwithinhen(1O)daysofgervioa of such notice and completes1he 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 to the health, safety and general welfare, such immediate action may benecessary. Notwithstanding the foregoing, the City may suspend any further payment of CDBG funds until Subrecipient is in compliance with this Agreement. (}onnp|ianma with the provisions of this Section mhm|| be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the depute ienot cured. 8.3 Remedies Upon Default by Subrecipient. In addition toany other rights orremedies available at law or in equity, if Subrecipient fails to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2: m. Temporarily withhold payment of CDBG funds pending correction of the default by b. Refuse toadvance all orany part ofthe CDBGfunds for the project and reallocate said funds to another activity; 1O CDBG Agreement with Davis Street Family Resource Center (Basic Needs Services) - pv2018-201e