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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 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 Length of Record Keeping. 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, including 24 CFR 570.504(c). Program income received by SUBRECIPIENT shall <br /> be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply <br /> fully with all federal, state and local laws and court orders applicable to its operation whether or not referred <br /> 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 CFR 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 /> P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT <br /> violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds <br /> Page 5 of 15 <br />