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<br />Page 4 of 19 <br />L. CONTRACTOR agrees to the following accounting, monitoring, auditing, <br />and review requirements: <br /> <br />1. CONTRACTOR agrees to maintain such records and submit such <br />reports, data and information, on the form and containing such information, at such times <br />as CITY may request or require regarding the performance of CONTRACTOR'S services <br />or activities, costs or other data, including but not limited to Qualified Participants' <br />attendance and certifications. <br /> <br />2. CITY, the State of California and the United States government <br />and/or their representatives shall have access for purposes of monitoring, auditing and <br />examining of CONTRACTOR'S activities, performance, and Qualified Participants related <br />to this Agreement. Such agencies or representatives shall also schedule on-site monitoring <br />at their discretion. Monitoring activities may also include, but are not limited to, <br />questioning employees and Qualified Participants and entering any premises or onto any <br />site in which any of the services or activities funded hereunder are conducted or in which <br />any of the records of CONTRACTOR are kept (2 CFR 200.330). Nothing herein shall be <br />construed to require access to any privileged or confidential information as set forth in <br />Federal or state law. <br /> <br />3. In the event CONTRACTOR does not make the above-referenced <br />documents available within the City of Santa Ana, California, CONTRACTOR agrees to <br />pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the <br />location where said records and books of account are maintained. <br /> <br />4. All accounting records and evidence pertaining to all costs of <br />CONTRACTOR and all documents related to this Agreement shall be kept available at the <br />location where CONTRACTOR conducted the program, as well as in the County of <br />Orange, for the duration of this Agreement and thereafter for three (3) years after <br />completion of an audit. Records which relate to (a) complaints, claims, administrative <br />proceedings or litigation arising out of the performance of this Agreement, or (b) costs and <br />expenses of this Agreement to which CITY, the State of California or the United States <br />Government take exception, shall be retained beyond the three (3) years until resolution of <br />disposition of such appeals, litigation, claims, or exceptions. <br /> <br />M. Without prejudice to any other section of this Agreement, CONTRACTOR <br />shall, where applicable, maintain the confidential nature of information provided to it concerning <br />Qualified Participants in accordance with the requirements of Federal and state law. <br />Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California <br />and/or the United States Government or their representatives, all records requested for <br />administrative purposes, including audits, examinations, monitoring and verification of records <br />submitted by CONTRACTOR, costs incurred and services rendered hereunder. <br /> <br />N. CONTRACTOR shall not expend funds pursuant to this Agreement to <br />provide services to any Qualified Participant where costs of training are paid for by any other <br />person or entity. <br />EXHIBIT 2