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PO Planning 2009-2017
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PO Planning 2009-2017
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B. Open Records Requests. SUBRECIPIENT agrees to assist COUNTY in promptly <br />fulfilling or answering any open records request, in the manner determined by <br />COUNTY, of a record not protected by a law requiring confidentiality, that <br />SUBRECIPIENT keeps or maintains on behalf of COUNTY. <br />C. Records Retention. SUBRECIPIENTs that are governmental entities (including <br />public agencies) must comply with the following section of 24 CFR Part 85 'Uniform <br />Administrative Requirements for Grant and Cooperative Agreements to State and <br />Local Governments', Section 85.42, 'Retention and access requirements for records' <br />except that the period shall be four years. <br />SUBRECIPIENTs, except those that are governmental entities, shall comply with the <br />following provision of the Uniform Administrative requirements of OMB Circular A-110 <br />(implemented at 24 CFR Part 84, 'Uniform Administrative Requirements for Grants <br />and Agreements With Institutions of Higher Education, Hospitals and Other Non - <br />Profits Organizations,' Section 84.53 (b), 'Retention and access requirements for <br />records.' Section 84.53 (b) applies with the following exceptions: (A) The retention <br />period referenced in Sec. 84.53 (b) pertaining to individual CDBG activities shall be <br />four years; and (B) The retention period starts from the date of submission of the <br />annual performance and evaluation report (CAPER), as prescribed in 24 CFR <br />91.520, in which the specific activity is reported on for the final time rather than from <br />the date of submission of the final expenditure report for the award. <br />XXX. RENEGOTIATION <br />A. This Agreement or any part thereof, may be renegotiated at the option of the <br />COUNTY in the case of: 1) increased or decreased volume of services; 2) changes <br />required by Federal or State law or regulations or court action; 3) cancellation, <br />increase, or decrease in funding; 4) changes in service needs identified by COUNTY; <br />5) SUBRECIPIENT's failure to provide services purchased in specified timeframes; or <br />6) upon any mutual agreement. SUBRECIPIENT agrees to renegotiate in good faith <br />if COUNTY exercises this option. <br />B. Any agreement reached pursuant to renegotiation shall be acknowledged through a <br />written Agreement addendum signed by COUNTY and SUBRECIPIENT. <br />C. Changes to the units of service purchased under this Agreement pursuant to <br />renegotiation shall be reflected by amendment to the Program Summary. <br />D. If SUBRECIPIENT refuses to renegotiate in good faith as required by this section, <br />COUNTY may terminate the contract. <br />XXXI. REVERSION OF ASSETS <br />The use and disposition of real property and equipment under this Agreement shall be in <br />compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and <br />570.505, as applicable, which include but are not limited to the following: <br />A. Upon the expiration of this Agreement, the SUBRECIPIENT shall transfer to the <br />COUNTY any CDBG funds on hand at the time of expiration and any accounts <br />receivable attributable to the use of CDBG funds. <br />B. Any real property under the SUBRECIPIENT's control that was acquired or improved <br />in whole or in part with CDBG funds in excess of $25,000 must be either: <br />Page 16 <br />
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