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created, or maintained in compliance with Lead-based Paint regulations, which likely requi re <br />longer retention as outlined below. Records which rel ate 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 the CITY or any other governmental agency takes <br />exception, shall be retained beyond the five (5) years until complete resolution or disposition of <br />such appeals, litigation claims, or exceptions. All said records must be retained for the greater of <br />the aforementioned duration or the periods specified in 24 CFR 576.S00(y). All records relating <br />to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be <br />retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all <br />inspection report(s), disclosure statement(s), and clearance report(s). Copies made by <br />microfilming, photocopying, or similar methods may be substituted for the original records. The <br />CITY, HUD and auditors shall have the right to access all the SUBRECIPIENT records for as <br />long as the records are retained by the SUB RECIPIENT. In the event the SUB RECIPIENT does <br />not make the above-referenced documents available within the City of Santa Ana, California, the <br />SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in <br />conductin g any audit at the location where said records and books of account are maintained. <br />The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. <br />E.Homeless Management Information Systems (HM!S) <br />(1)Generally. The SUBRECIPIENT must ensure that data on all persons served and <br />all activities assisted under ESG are entered into the applicable community-wide HMIS <br />in the area in which those persons and activities are located, or with the express <br />knowledge and written consent of the CITY, a comparable database, in accordance with <br />HUD's standards on participation, data collection, and reporting under a local HMIS. <br />(2)HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in <br />-place with-the-HMIS lead-agency to participate in the regionally HMIS-system,-A copy <br />of the SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this <br />agreement as Exhibit F. In the case of Domestic Violence service providers or other <br />agencies prohibited from entering data into HMIS, documentation from the HMIS lead <br />agency certifying that the SUBRECIPIENT is using a comparable database shall be <br />attached to this agreement as Exhibit E. <br />(3)HMIS lnteragency Data Sharing Agreement. The SUBRECIPIENT shall enter <br />into an lnteragency Data Sharing Agreement with the HMIS Lead Agency where the <br />SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding <br />clients that are served in ESG funded programs, unless prohibited by law. A copy of <br />such agreement shall be attached as Exhibit F-1. <br />(A.) The SUBRECIPIENT agrees to provide 21 IOC with all required data <br />needed to complete data analysis regarding project performance, data <br />timeliness, or data quality. <br />F.Audit Report Requirements <br />The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty <br />Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an <br />annual audit conducted by a certified public accountant in accordance with the standards as set <br />forth and published by the United States Office of Management and Budget (2 CFR 200.S0l(a)). <br />Page 15 of23 <br />EXHIBIT 4