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8I Consent 2020 0706
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8I Consent 2020 0706
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7/10/2020 11:14:25 AM
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6/30/2020 10:56:39 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
7/6/2020
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PERM
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Reso 2020-075 CSA CDBG FY2021 Rebuilding Together Oak EB
(Approved)
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\City Clerk\City Council\Resolutions\2020
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acquired with funds under this Agreement shall be retained for four (4) years after final disposition of such property. <br />Records for any displaced person must be kept for four years after he/she has received final payment. <br /> <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 /> <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 /> <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 <br />shall conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8). <br /> <br />7.6 National Objectives. The Subrecipient agrees to maintain documentation that demonstrates that <br />the activities carried out with 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). <br /> <br />7.7 Performance Monitoring. The City of San Leandro will monitor the performance of the <br />Subrecipient against goals and performance standards required herein. Substandard performance as determined <br />by the City of San Leandro will constitute non-compliance with this agreement. If action to correct such substandard <br />performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City of <br />San Leandro, contract suspension or termination procedures will be initiated. <br /> <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 /> <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 <br />deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in <br />audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of <br />the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may <br />result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit <br />conducted in accordance with current City policy concerning Subrecipient audits. <br /> <br />8.0 ENFORCEMENT OF CONTRACT <br /> <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 <br />applicable. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall <br />be instituted in the Superior Court of the County of Alameda, State of California, the United States District Court for <br />the Northern District of California, or any other appropriate court in Alameda County, and Subrecipient covenants <br />and agrees to submit to the personal jurisdiction of such court in the event of such action. <br /> <br />8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the <br />insuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue <br />performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) <br />days of service of such notice and completes the cure of such default within thirty (30) days after service of the <br />notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate <br />danger to the health, safety and general welfare, such immediate action may be necessary. Notwithstanding the <br />315
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