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CITY, the State of California and the United States government and/or their
<br />representatives shall have access for purposes of monitoring, auditing and examining of
<br />CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR
<br />subcontractors, bookkeepers and accountants, and employees and participants related to this
<br />Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion.
<br />Monitoring activities may also include, but are not limited to, questioning employees and participants
<br />and entering any premises or onto any site in which any of the services or activities funded hereunder
<br />are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be
<br />construed to require access to any privileged or confidential information as set forth in federal or state
<br />law.
<br />In the event CONTRACTOR does not make the above-referenced documents available
<br />within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
<br />expenses incurred by CITY in conducting any audit at the location where said records and books of
<br />account are maintained.
<br />All accounting records and evidence pertaining to all costs of CONTRACTOR and all
<br />documents related to this Agreement shall be kept available at the location where CONTRACTOR
<br />conducted the program, as well as in the County of Orange, for the duration of this Agreement and
<br />thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints,
<br />claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b)
<br />costs and expenses of this Agreement to which CITY, the State of California or the United States
<br />Government take exception, shall be retained beyond the three (3) years until resolution of disposition
<br />of such appeals, litigation, claims, or exceptions.
<br />J. Without prejudice to any other section of this Agreement, CONTRACTOR
<br />shall, where applicable, maintain the confidential nature of information provided to it concerning
<br />participants in accordance with the requirements of federal and state law. Notwithstanding the
<br />foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
<br />Government or their representatives, all records requested for administrative purposes, including
<br />audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
<br />incurred and services rendered hereunder.
<br />K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on
<br />CITY's InvoiceNoucher form, showing in detail the amount of money already expended by
<br />CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be
<br />supported by such source documentation such as cancelled checks, paid bills, payrolls, time and
<br />attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)].
<br />CONTRACTOR agrees to submit the above-stated documents to the City of Santa Ana, Santa Ana
<br />Library, 26 Civic Center Plaza, M-75, Santa Ana, California, 92701, by the tenth (10th) day of the
<br />month following the month in which CONTRACTOR'S services are performed. Should
<br />CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this
<br />Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall
<br />either return to the CITY excess revenues over costs or use such excess revenues as program income by
<br />utilizing such program income for additional training activities authorized under the Act.
<br />L. CONTRACTOR agrees to expend all funds in accordance with all applicable
<br />federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
<br />CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
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