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said program. CITY and the United States Government and their representatives or auditors shall also <br />schedule on -site monitoring at their discretion, Monitoring activities may also include, but are not limited <br />to, questioning employees and participants in said program and entering any promises or any site in which <br />any of the services or activities funded hereunder is conducted or in which any of the records of <br />SUBRECIPIENT are Dept, Nothing herein shall be construed to require access to any privileged or <br />confidential information as set forth in federal or state law. <br />K. Location of RecordsMeauired Length of Record Kee in¢. All accounting records, reports, <br />and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all <br />documents related to this Agreement shall be maintained and kept available at SUBR ECIPIENT'S office <br />or place of business for the duration of the Agreement and thereafter for five (5) years from the date of <br />final payment under this Agreement, Records which relate to (a) complaints, claims, administrative <br />proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of <br />this Agreement to which CITY or any other governmental ageney takes exception, shall be retained <br />beyond the five (5) years until complete resolution or disposition_ of such appeals, litigation olaitns, or <br />exceptions. In the event $UBRECIPIENT does not make the above -referenced doouments available within <br />the city of Santa Ana,, California, SUBREOPIENT agrees to pay necessary and reasonable expenses <br />incurred by CITY in conducting any audit at the location where said records and books of account are <br />maintained: <br />L, Compliance with Law/Program income, SUBRECIFIEN'T acknowledges that the funds <br />being provided by CITY for said program are received by CITY pursuant to the.ACT as amonded and that <br />expenditures of these hands shall be in accordance with the ACT and all pertinent regulations issued by <br />agencies of the federal government,'including, b atriot limited to, all regulations found at Title 24 of the Code <br />of Federal Regulations. Program income .received by SUBRECIPIENT shall be returned to CITY unless <br />otherwise provided for in this Agreement, SUBRECIPIENT agrees to comply fully with all federal, state and <br />local laws and court orders applicable to its operation whether or not referred to in this Agreement. <br />M, Debarment. To protect the public interest and ensure the integrity of Federal programs, <br />CITY may .only conduct business with responsible persons and may not make any award or permit any <br />award to any party which is debarred or suspended or is otherwise excluded from or ineligible for <br />participation in Federal assistanceprograniss under Executive Order 12549, "Debarment and Suspension". <br />See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is <br />attached hereto and incorporated herein by this .reference. SU13RECIPIENT shall be in goodstanding, <br />without suspension by the California Secretary of State, Franchise Tax Board and Intemal.Revenue Service. <br />Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to <br />CITY. <br />N. Confidentiality Without prejudice to any other provisions of this Agreement, <br />SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it <br />concerning participants in accordance with the requirements of federal and state law, FIowever, <br />SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including <br />audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred <br />and services rendered hereunder. <br />O. Independent Contractor_ SUBRECIPMNT agrees that the performance of obligations <br />hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY, <br />P. Violation of Terns and Conditions. SUBRECIPMNT agrees that if .SUBRECIPIENT <br />violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds <br />were received by SUBRECIPIENT, or if SUBRECIPWNT reports inaccurately, or if on audit there is a <br />