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<br />S!':CTION 7. <br /> <br />RETENTION AND ACCESSIBILITY OF RECORDS <br /> <br />fJ, Company shall maintain fiscal records and supporting documentation for all expenditures of funds <br />Ii ,~Je under this contract in a manner which conforms to OMB Circular A-87, Section 570.490 of the <br />Regulations, and this contract. Such records shall include data on the racial, ethnic, and gender <br />characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided <br />under this contract. Company shall retain such records, and any supporting documentation, for the greater <br />of five years from close-out of this contract or the period required by other applicable laws and regulations <br />as described in the Regulations. <br /> <br />B. Company shall give the United States Department of Housing and Urban Development (HUD), the <br />Inspector General, the General Accounting Office, the Auditor of the State of Texas, Office of Rural <br />Community Affairs (ORCA) and the City of San Marcos, or any of their duly authorized representatives, <br />access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or <br />property belonging to or in use by Company pertaining to this contract including records concerning the <br />past use of RLF funds. Such rights to access shall continue as long as the records are retained by <br />Company. Company agrees to maintain such records in an accessible location and to provide citizens <br />reasonable access to such records consistent with the Texas Public Information Act. <br /> <br />C. Company shall include the substance of this Section 7 in all subcontracts. <br /> <br />SECTION 8. <br /> <br />REPORTING REQUIREMENTS <br /> <br />A. Company shall submit to City such reports on the operation and performance of this contract as may <br />required by City, including but not limited to the reports specified in this Section 8. <br /> <br />Company shall submit to City no later than the tenth day of the second month following the end of <br />each calendar quarter of the contract period (i.e., May 10; August 10; November 10, February 10), a <br />Quarterly Progress Report, a Minority Business Enterprise Report (MBE), an Employee Certification Report <br />(ECR) and a Quarterly Connection Report, if applicable. The Quarterly Progress Report shall identify the <br />progress, in narrative form, of all construction and non-construction activities by budget categories <br />performed pursuant to Exhibit A, Performance Statement, and of the expenditures and obligations of funds <br />by budget category made pursuant to Exhibit B, Budget. The Quarterly Progress Report shall be in a <br />format prescribed by City and shall include all such activities, expenditures, and obligations made or <br />performed under this contract during the previous quarter. <br /> <br />C. Company shall submit a Certificate of Completion to City no later than 60 days after the contract <br />termination date or at the conclusion of all contract activities as determined by City. The Certificate of <br />Completion shall be in a format prescribed by City and shall include a final Project Completion Report of all <br />activities performed under this contract. <br /> <br />D. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood <br />and agreed by the parties hereto that if Company fails to submit to City in a timely and satisfactory manner <br />any report required by this contract, City may, at its sole option and in its sole discretion, withhold any or all <br />payments otherwise due or requested by Company hereunder. If City withholds such payments, it will <br />notify Company in writing of its decision and the reasons therefor. Payments withheld pursuant to this <br />paragraph may be held by City until such time as the delinquent obligations for which funds are withheld <br />e fulfilled by Company. <br /> <br />~ECTION 9. <br /> <br />MONITORING <br /> <br />City reserves the right to perform periodic on-site monitoring of Company's compliance with the terms and <br />conditions of this contract, and of the adequacy and timeliness of Company's performances under this <br /> <br />RLF Contract Page 4 <br />