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1 2/09 <br />effective until after thirty (30) days notice thereof has been given in writing to CITY. <br />EMPLOYER shall give to CITY prompt and timely notice of claims made or suit instituted <br />against said policy. EMPLOYER shall procure and maintain at its own costs and expense, any <br />additional kinds and amounts of insurance which, in its own judgment, may be necessary for <br />its proper protection. <br />11 . Record Keepincg. 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 />EMPLOYER'S activities, performance, books, documents, papers, and records of <br />EMPLOYER'S subcontractors, bookkeepers and accountants, and employees and participants <br />related to this Agreement. Such agencies or representatives shall also schedule on-site <br />monitoring in their discretion. Monitoring activities may also include, but are not limited to, <br />questioning employees and participants and entering any premises or onto any site in which <br />any of the services or activities funded hereunder are conducted or in which any of the records <br />of EMPLOYER are kept. Nothing herein shall be construed to require access to any privileged <br />or confidential information as set forth in federal or state law. <br />In the event EMPLOYER does not make the above-referenced documents available within the <br />City of Santa Ana, California, EMPLOYER agrees to pay all necessary and reasonable <br />expenses incurred by CITY in conducting any audit at the location where said records and <br />books of account are maintained. <br />All accounting records and evidence pertaining to all costs of EMPLOYER and all documents <br />related to this Agreement shall be kept available at the location where EMPLOYER conducted <br />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) <br />complaints, claims, administrative proceedings or litigation arising out of the performance of <br />this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of <br />California or the United States Government take exception, shall be retained beyond the three <br />(3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. <br />12. Government Funding. This Agreement is valid and enforceable only if sufficient funds are <br />made available to the State by the United States Government for the same Fiscal Year as for <br />this Program. In addition, this Agreement is subject to any additional restrictions, limitations, or <br />conditions enacted by Congress or any statute enacted by Congress which may affect the <br />provision, terms or funding of this Agreement in any manner. <br />13. Payment Cap. CITY's OJT payments to EMPLOYER shall not exceed a maximum of fifty <br />percent (50%) of the wages paid by EMPLOYER during the training period specified in Exhibit <br />A. <br />14. Amendment of Agreement. No alteration or variation of the terms of this Agreement shall be <br />valid and/or binding unless made in writing and signed by both parties. There are no oral <br />understandings or agreements between the parties. <br />1 5. Breach/Sanctions. If, through any cause, EMPLOYER violates any of the terms and conditions <br />of this Agreement, or if EMPLOYER reports inaccurately or if any Audit Report makes <br />disallowances, EMPLOYER shall promptly remedy its acts or omissions and/or repay CITY all <br />amounts due CITY as a result of EMPLOYER's violation. For any such failures or violations, <br />CITY shall also have the right at its sole discretion to either: (1) discontinue program support <br />4