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J. Access to Records. CITY and the United States Government and their representatives or <br />auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's <br />activities and performance, to books, documents and papers, and the right to examine records of <br />SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to <br />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 premises 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 kept. 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 Records/Required Leneth of Record Kmpin¢. 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 SUBRECIPIENT'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 agency takes exception, shall be retained <br />beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or <br />exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within <br />the city of Santa Ana, California, SUBRECIPIENT agrees to pay all 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. SUBRECIPIENT acknowledges that the funds <br />being 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 <br />agencies of the federal government, including, but not 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 assistance programs under Executive Order 12549, "Debarment and Suspension". <br />See also 24 CPR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is <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 <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. However, <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. 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 />E <br />