Laserfiche WebLink
• <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; Program income received by SUBRECPEIENT 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 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 ingood 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 /> • <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 CMG'funds <br /> were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a <br /> disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the <br /> disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in <br /> 5 <br />