25J - LEARNING CENTER AND ARTS AND LITERACY PROGRAM

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Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. OCCTAC'S CERTIFICATIONS A. No Conflict. To the best of OCCTAC's knowledge, OCCTAC's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which OCCTAC is a party or by which it is bound. B. No Pending Legal Proceedings/Debarment. OCCTAC is not the subject of a current or threatened litigation that would or may materially affect OCCTAC's performance under this Agreement. OCCTAC further acknowledges that it is not on the list of debarred contractors. C. No Pending Investigation. OCCTAC is not aware that it is the subject of any current or threatened criminal or civil action or investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to or affect performance of the Agreement or provision of services hereunder. D. Licensing. OCCTAC agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. OCCTAC shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing OCCTAC's operations hereunder. E. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by OCCTAC and all documents related to this Agreement shall be maintained and kept available at OCCTAC's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of services provided hereunder. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event OCCTAC does not make the above-referenced documents available within the city of Santa Ana, California, OCCTAC agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. F. Confidentiality. Without prejudice to any other provisions of this Agreement, OCCTAC shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, OCCTAC shall submit to City or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by OCCTAC, costs incurred and services rendered hereunder. G. Lobbying. OCCTAC certifies that it will comply with federal law (32 U.S.C. 1352) and regulations found at 28 CFR Part 69. H. Financial Interest. OCCTAC agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this 25J-6