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K.Location of Records/Required Length of Record Keeping. All accounting records, reports, <br />and evidence pertaining to all costs, expenses and the OMHFUNDS of SUBRECIPIENT and all documents <br />business for the duration of the Agreement and thereafter for five (5) years from the date of final payment <br />underthis 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 Agreement to <br />which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years <br />until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event <br />SUBRECIPIENT does not make the above-referenced documents available within the city of Santa Ana, <br />California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in <br />conducting any audit at the location where said records and books of account are maintained. <br />L.Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being <br />provided by CITY for said program are received by CITY pursuant to the ACT as amended and that <br />expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies <br />of the federal government, including, but not limited to, all regulations found at Title 45of the Code of Federal <br />Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise <br />provided for in this Agreement. SUBRECIPIENTagrees to comply fully with all federal, state and local laws <br />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 assistance programs under Executive Order <br />See also 24 CFR 570.609. SUBRECIPIENTmust review and sign Exhibit C <br />attached hereto and incorporated herein by this reference.SUBRECIPIENT shall be in good standing, <br />without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. <br />Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to 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. However, <br />SUBRECIPIENT shall submit to CITY and or OMHor its representatives, all records requested, including <br />audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and <br />services rendered hereunder. <br />O.Independent Contractor. SUBRECIPIENT 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 Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates <br />any of the terms and conditions of this Agreement or any prior Agreement whereby OMH FUNDSwere <br />received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance <br />of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and <br />repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain <br />and/or justify expenditure of the OMHFUNDSgranted hereunder, SUBRECIPIENT shall be required to <br />reimburse the CITY of all such funds that were obtainedand/or spent under fraudulent circumstances. <br />Q.Equipment. SUBRECIPIENT agrees to maintain a record for each item of non-expendable <br />personal property acquired under the terms of this Agreement. Said record shall be made available to CITY <br />upon request. The term "non-expendable personal property" shall include leased and purchased equipment. <br />5 <br /> <br />