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9. Proiect Completion. For Projects involving construction, Project Completion is evidenced by the <br /> issuance of the Certificate of Occupancy, the Certificate of Completion, or some other <br /> document as designated by DOH. For Projects involving acquisition only, Project Completion is <br /> the date of recordation of acquisition documents. <br /> 10. Compliance Period. The Compliance Period is defined as the time frame beginning the day <br /> after the Project Completion and ending no earlier than Five years affer Project Completion. <br /> Thereafter on an annual basis during the Compliance Period, or more often if required by the <br /> County, Contractor shall provide the County with information necessary to monitor the Project <br /> relating to program compliance matters. Annual information required include but is not limited <br /> to: evidence of continuing fire and liability insurance; annual certified financial audit; <br /> certification of continuing use, and any other compliance information as may be required by <br /> the County. <br /> 11. Aareement Term Extension. The parties to this Agreement hereby acknowledge and affirm that <br /> notwithstanding Section 4 (Term and Termination) of this Agreement, upon Project Completion, <br /> the term of this Agreement shall automatically and without further action on the part of the <br /> parties, extend the Term to coincide with the expiration of the Compliance Period. <br /> 12. Use Compliance. Project funded in this Agreement is/will be used for the following eligible CDBG <br /> purpose: Athletic field ("Approved Use"). On an annual basis <br /> during the Compliance Period, Contractor shall provide County with a certification that the <br /> premises are being used continuously for the Approved Use. Should the Approved Use be <br /> discontinued, Contractor shall notify the County in writing within 30 days of cessation of use of <br /> intention to change operations. County will evaluate the proposed new use to determine <br /> compliance with CDBG requirements. If County determines the new use is not in compliance <br /> with CDBG program requirements, this determination may, at County's sole discretion, constitute <br /> a material breach of this Agreement triggering repayment described herein. <br /> 13. Monitorina. In accordance with Section 13 herein, Retention of Records, during the Project <br /> Performance and Compliance Periods, County may undertake monitoring of Contractor's <br /> records and premises for program compliance. Contractor shall be given notice of any <br /> monitoring. Contractor shall maintain all required records for a period of five (5) years after the <br /> end of the Compliance Period. From time to time, DOH will perform on-site monitoring to <br /> determine if use of the Property is in compliance CDBG program requirements. <br /> 14. Quarterlv Performance Reportinq. During the Performance Period, Contractor shall submit to <br /> DOH a Quarterly Performance Report within 30 days of the end of each quarter. The report <br /> should be in the form of a narrative description of all activities performed in relation to the project <br /> including all pre-development activities. The report should include a project time-line and <br /> indicate the status of the project in relationship to this time-line. Contractor must document any <br /> changes from the time-line submitted with the original application. Quarterly performance <br /> reporfs will be provided to DOH during the course of the Project until after Project completion, <br /> even if all of the funds provided under this Agreement have been expended. <br /> 15. Project Completion Reporting. Upon completion of the Project but no later than the end of the <br /> fiscal year in which Project was completed, Contractor shall provide the following reports <br /> depending on the Project type and in a format provide by DOH: Public Facilities Beneficiary <br /> Summary which summarizes the number of clients served by their ethnicity and income; and final <br /> Project funding sources and uses, which show the total of all funds expended for the Project. <br /> The aforementioned forms are accessible on the DOH website, accessible on DOH website, <br /> www.smchousina.orq. <br /> ATTY/AGR/2013.016/FAIR OAKS SCHOOL RE-TURFING PROJECT II <br /> REV:01-29-13 MLG <br /> Page 11 of 21 <br />