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(5) All accounting records, reports, and evidence pertaining to all costs, expenses <br />and the CARES Act Funds of SUBRECIPIENT and all documents related to this Agreement shall <br />be maintained and kept available at SUBRECIPIENT' S office or place of business for the duration <br />of the Agreement and thereafter for five (5) years from the date of final payment under this <br />Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or <br />litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this <br />Agreement to which CITY or any other governmental agency takes exception, shall be retained <br />beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, <br />or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents <br />available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and <br />reasonable expenses incurred by CITY in conducting any audit at the location where said records and <br />books of account are maintained. <br />H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or <br />products in any form, including electronic, created by SUBRECIPIENT for which <br />SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of <br />the CITY. The material, reports, or products may be used by the CITY for any purpose that the <br />CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within <br />the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part <br />such materials, reports, or products without prior written authorization of the CITY. <br />I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures <br />detailed in 2 CFR §200.343, including the following: <br />(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the <br />end date of the period of performance, all financial, performance, and other reports as required by <br />the terms and conditions of this Agreement; <br />(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that <br />the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for <br />use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and, <br />(3) CITY should complete all closeout actions for the Federal award no later than <br />one year after receipt and acceptance of all required final reports. <br />II. SUBRECIPIENT'S OBLIGATIONS <br />A. Representations and Warranties. <br />(1) Authority. SUBRECIPIENT is a duly organized and existing nonprofit <br />corporation in good standing and authorized to do business under the laws of the State of <br />California. SUBRECIPIENT has full right, power and lawful authority to accept the funding <br />hereunder and to undertake all obligations as provided herein and the execution, performance and <br />delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions <br />on the part of SUBRECIPIENT. <br />