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<br />CDBG Agreement with Rebuilding Together Oakland | East Bay – FY2019-2020
<br />charges under this Agreement for a period of four (4) years after the termination of all activities funded under this
<br />agreement, or after the resolution of all Federal audit findings, whichever occurs later. Records for non-expendable
<br />property acquired with funds under this Agreement shall be retained for four (4) years after final disposition of such
<br />property. Records for any displaced person must be kept for four (4) years after he/she has received final payment.
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<br /> c. Records Created as Part of Consultant’s Performance. All reports, data, maps, models,
<br />charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files or any other
<br />documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this
<br />Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees
<br />to deliver those documents to City upon termination of the Agreement. It is understood and agreed that the documents
<br />and other materials, including but not limited to those described above, prepared pursuant to this Agreement are
<br />prepared specifically for City and are not necessarily suitable for any future or other use. City and Consultant agree
<br />that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will
<br />not be released to third parties without prior written consent of both parties.
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<br /> d. Inspection and Audit of Records. Any records or documents that Section 7.2 of this Agreement
<br />requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular
<br />business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount
<br />of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000), the Agreement shall be
<br />subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a
<br />period of three (3) years after final payment under the Agreement.
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<br />7.3 Client Data. Consultant shall maintain client data demonstrating client eligibility for services provided.
<br />Such data shall include, but not be limited to, client name, address, income level or other basis for determining
<br />eligibility, and description of service provided. Such information shall be made available to City monitors or their
<br />designees for review upon request.
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<br />7.4 Disclosure. Consultant understands that client information collected under this Agreement is private
<br />and the use or disclosure of such information, when not directly connected with the administration of City's or
<br />Consultant's responsibilities with respect to services provided under this Agreement, is prohibited by law unless written
<br />consent is obtained from such person receiving service and, in the case of a minor, that of a responsible
<br />parent/guardian.
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<br />7.5 Property Records. Consultant shall maintain real property inventory records that clearly identify
<br />properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform
<br />with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
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<br />7.6 National Objectives. Consultant agrees to maintain documentation that demonstrates that the
<br />activities carried out with CDBG Funds provided under this Agreement meet one or more of the CDBG program's
<br />national objectives: (a) benefit low/moderate income persons, (b) aid in the prevention or elimination of slums or
<br />blight, (c) meet community development needs having a particular urgency (as defined in 24 CFR Part 570.208).
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<br />7.7 Performance Monitoring. City will monitor the performance of Consultant against goals and
<br />performance standards required herein. Substandard performance as determined by City will constitute non-
<br />compliance with this agreement. If action to correct such substandard performance is not taken by Consultant within
<br />a reasonable period of time after being notified by City, contract suspension or termination procedures will be initiated.
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<br />7.8 Close-Outs. Consultant obligation to City shall not end until all closeout requirements are completed.
<br />Activities during this closeout period shall include, but are not limited to: making final payments, disposing of program
<br />assets (including the return of all unused materials, equipment, unspent cash advances, program income balances,
<br />and receivable accounts to City), and determining the custodianship of records.
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<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 thirty
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