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<br />'- <br /> <br />'wi <br /> <br />8/14/01lS <br />anticipated that during the last quarter of funding that such rental assistance payment will be for <br />more than 100 days, then the April 15 quarterly report shall contain information and evidence of <br />compliance with the requirements herein relating to tracking of housing units, cumulative days of <br />rental assistance, proper notifications to occupants and owners, HQS inspection, visual assess- <br />ment, work write-up, stabilization and clearance ofLBP and LBP hazards, ifany. The proposed <br />form of such tracking information is attached hereto as Attachment No.5 and fully incorporated <br />by this reference. In the event such April 15 quarterly report does not fully satisfy the reporting <br />requirements set forth herein and in the LBP Regs, then the final installment payment of the <br />ESG FUNDS shall be withheld from disbursement to SUBRECIPIENT. <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 SUB RECIPIENT 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 Keeping. All accounting records, <br />reports, and evidence pertaining to all costs, expenses and the ESG FUNDS of SUBRECIPIENT <br />and all documents related to this Agreement shall be maintained and kept available at <br />SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter <br />for four (4) years after completion of an audit in conformity with the ESG REGS, except as <br />hereinafter provided relating to retention of any records or documentation existing, created, or <br />maintained in compliance with Title X or the LBP Regs. Records which relate to (a) complaints, <br />claims, administrative proceedings or litigation arising out of the performance of this Agreement, <br />or (b) costs and expenses of this Agreement to which CITY or any other governmental agency <br />takes exception, shall be retained beyond the four (4) years until complete resolution or <br />disposition of such appeals, litigation claims, or exceptions. All records relating to, or created or <br />maintained in compliance with, Title X and/or the LBP Regs shall be retained and maintained by <br />SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure <br />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 /> <br />1. Compliance with Law. SUBRECIPIENT acknowledges that the funds being pro- <br />vided by CITY for said program are received by CITY pursuant to applicable ESG guidelines and <br />that expenditures of these funds shall be in accordance with the ESG guidelines and all pertinent <br />regulations issued by agencies of the federal government. SUBRECIPIENT agrees to comply <br />fully with all federal, state and local laws and court orders applicable to its operation whether or <br />not referred to in this Agreement, and all Program Requirements. SUBRECIPIENT agrees to <br /> <br />12 <br />