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<br />'-" <br /> <br />...., <br /> <br />7/6/01LS <br /> <br />J. Access to Records. CITY and the United State Government and/or their representatives <br />shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities <br />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 <br />regard to said program. CITY and the United States Government and/or their representatives shall <br />also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are <br />not limited to, questioning employees and participants in said program and entering any premises or <br />any site in which any of the services or activities funded hereunder are conducted or in which any of <br />the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any <br />privileged or confidential information as set forth in federal or state law. <br /> <br />K. Location of RecordslRequired Length of Record Keening. All accounting records, <br />reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of <br />SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept <br />available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and <br />thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS., s. <br />Records which relate to (a) complaints, claims, administrative proceedings or litigation arising <br />out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which <br />CITY or any other governmental agency takes exception, shall be retained beyond the five (5) <br />years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In <br />the event SUBRECIPIENT does not make the above-referenced documents available within the city <br />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 <br />are maintained. <br /> <br />L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the fimds <br />being provided by CITY for said program are received by CITY pursuant to the ACT as amended <br />and that expenditures of these fimds shall be in accordance with the ACT and all pertinent <br />regulations issued by agencies of the federal government, including, but not limited to, all <br />regulations found at Title 24 of the Code of Federal Regulations. Program income received by <br />SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. <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. <br /> <br />M. Standing. 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 SUB RECIPIENT shall be reported immediately to CITY. <br /> <br />N. Confidentiality. Without prejudice to any other provisions of this Agreement, <br />SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided <br />to it 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, <br />including audit, examinations, monitoring and verifications of reports submitted by <br />SUBRECIPIENT, costs incurred and services rendered hereunder. <br /> <br />5 <br />