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<br />5/05 <br /> <br />evidencing how the CDBG FUNDS have been expended during <br />the applicable quarter. <br /> <br />(ii) Quarterly Activity Report: SUB RECIPIENT agrees to keep monthly <br />records of all ethnic and racial statistics of persons and families benefited by <br />SUBRECIPIENT in the performance of its obligations under this Agreement, <br />including, but not limited to, the number of low and moderate income persons <br />and households assisted in accordance with federal income limits, the number <br />offemale heads of households assisted, new program information and year-to- <br />date program statistics on expenditures, caseload and activities. <br /> <br />1. Access to Records. CITY and the United State Government andlor 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 />SUB RECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in <br />regard to said program. CITY and the United States Government andlor 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 is 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 Keeping. 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 SUB RECIPIENT does not make the above-referenced documents available within the city <br />of Santa Ana, California, SUB RECIPIENT 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. SUB RECIPIENT acknowledges that the funds <br />being provided by CITY for said program are received by CITY pursuant to the ACT as amended <br />and that expenditures of these funds 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 />SUB RECIPIENT 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 />5 <br />