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to, questioning employees and participants in said program and entering any premises or any site in which <br /> any of the. services or activities funded hereunder is conducted or in which any of the records- of <br /> SUBRECIPIENT are kept. 'Nothing herein shall be construed to require access to any privileged or <br /> confidential information as set forth in federal or state law, <br /> K, Location of Records/R uired.Len of Record KogI2ing. All accounting records,reports, <br /> and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all <br /> documents•related to this.Agreement shall be maintained and kept available at SUBREC.IPIENT'S office <br /> or place of business for.the duration of the Agreement and.thereafter for five (5) years from the date of <br /> final payment under this Agreement. Records which .relate to (a) complaints, claims, administrative <br /> Proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of <br /> this Agreement.to-which-CITY or any other governmental agency takes exception, shall be retained <br /> beyond the five (5) years until complete resolution or disposition of such appeals, litigation olairns, or <br /> 'exceptions.• In the.event SUBRECIPIENT does not make the above-referenced documents available within . <br /> the city 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 are <br /> maintained. <br /> L. Com liance with. Law/Program Income, ,SUBRECIPIENT acknowledges that the funds <br /> being provided by CITY for said program are received by CITY pursuant to the ACT as amended and.that <br /> expenditures of these-funds shall be in accordance with the ACT and all pertinent regulations issued,by <br /> agencies of the federal government,including,but not limited to, all regulations found at Title 24 of the Code <br /> of Federal Regulations; Program income received by SUBRECIPIENT shall be returned to CYFY unless <br /> otherwise provided for in this Agreement.SUBRECIPIENT agrees to comply fully with all federal, state and <br /> local laws and court orders applicable to its operation whether or not referred to in this Agreement•- <br /> M. Debarment. To protect the public interest and ensure the integrity of Federal programs, <br /> CITY may only conduot business with responsible persons and may not make any award or permit any <br /> award to any party which is debarred or suspended or is otherwise excluded from or ineligible for <br /> participation in Federal assistance programs under Executive Order 12549,"Debarment and Suspension", <br /> See also 24 CFR 570.609, SUBRECIPIEN.T must review and sign Exhibit C "Debarment", which is <br /> attached hereto and incorporated herein by this reference. SUBRECIMENT shall be nn good standing, <br /> without suspension by the California Secretary of State,Franchise Tax Board and Internal Revenue Service, <br /> Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to <br /> CITY: <br /> N. Confidentiality. Without prejudice to any other provisions of, this Agreement, <br /> SUBRECIPIBNT shall, where applicable, maintain the confidential nature of information provided to -it <br /> 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, including <br /> audit,'examinations, monitoring and verifications of reports submitted by-SUBRECIPIENT, costs incurred' <br /> and services rendered hereunder. <br /> Q: Independent Contrdctor, <br /> SUBRECIPIENT agrees that the performance of obligatiozrs <br /> hereunder is rendered in its capaoity-as an independent contractor and that it is in noway an agency of CITY, <br /> P. ' 'Violation of Terms and Condition's. SUBRECIPIENT agrees that if SUBRECIPIENT."" <br /> violates any of the terms and conditions of thin Agreement or any Orior Agreement whereby,CDBG•funds <br /> were received by SUBRECIPIENT, or if S-0BRECIPIENT reports inaccurately, or if on audit there is a <br /> disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the <br /> disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in <br />