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statement(s), and clearance report(s). In the event SUBRECIPIENT does not make the above - <br />referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to <br />pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location <br />where said records and books of account are maintained. <br />L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the <br />funds being provided by CITY for said program are received by CITY pursuant to applicable <br />ESG guidelines and that expenditures of these funds shall be in accordance with the ESG guide- <br />lines and all pertinent regulations issued by agencies of the federal government. <br />SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders <br />applicable to its operation whether or not referred to in this Agreement, and all Program Re- <br />quirements. 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 fed- <br />eral, state and local laws and court orders applicable to its operation whether or not referred to in <br />this Agreement. <br />M. Standine. SUBRECIPIENT shall be in good standing, without suspension by the <br />California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in <br />the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. <br />N. Confidentiality. Without prejudice to any other provisions of this Agreement, <br />SUBRECIPIENT shall, where applicable, maintain the confidential nature of information pro- <br />vided to it concerning participants in accordance with the requirements of federal and state law. <br />SUBRECIPIENT certifies that it will develop and implement procedures to ensure the confiden- <br />tiality of records pertaining to any individual provided family violence prevention or treatment <br />services under any project assisted under the Emergency Shelter Grants Program and that the ad- <br />dress or location of any family violence shelter project assisted under the Emergency Shelter <br />Grants Program will, except with written authorization of the person or persons responsible for <br />the operation of such shelter, not be made public (24 CFR 576.56). However, SUBRECIPIENT <br />shall submit to CITY and or HUD or its representatives, all records requested, including audit, <br />examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs in- <br />curred and services rendered hereunder. <br />O. Independent Contractor. SUBRECIPIENT agrees that the performance of <br />obligations hereunder are rendered in its capacity as an independent contractor and that it is in no <br />way an agency of CITY. <br />P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if <br />SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior <br />Agreement whereby ESG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports <br />inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees <br />to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in <br />violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify <br />expenditure of the ESG funds granted hereunder, SUBRECIPIENT shall be required to reimburse <br />the CITY of all such funds that were obtained/spent under fraudulent circumstances. <br />13 <br />