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City and the United States Government and/or their representatives shall also schedule on-site <br />monitoring at their discretion. Monitoring activities may also include, but are not limited to, <br />questioning employees and participants in said program and entering any premises or any site in <br />which any of the services or activities funded hereunder are conducted or in which any of the records <br />of Consultant 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 />1. Location of Records/Required Length of Record Keeping. All accounting records, <br />reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and <br />all documents related to this Agreement shall be maintained and kept available at Consultant's <br />office or place of business for the duration of the Agreement and thereafter for five (5) years <br />after completion of an audit in conformity with the CDBG Reg's. Records which relate to (a) <br />complaints, claims, administrative proceedings or litigation arising out of the performance of this <br />Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental <br />agency takes exception, shall be retained beyond the four (4) years until complete resolution or <br />disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not <br />make the above -referenced documents available within the city of Santa Ana, California, Consultant <br />agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the <br />location where said records and books of account are maintained. <br />J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant <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. However, Consultant <br />shall submit to City and or HUD or its representatives, all records requested, including audit, <br />examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and <br />services rendered hereunder. <br />K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) <br />and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be <br />expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any <br />person for influencing or attempting to influence an officer or employee of any agency, Member of <br />Congress, or an officer or employee of a Member of Congress in connection with awarding of any <br />federal contract, the making of any federal grant or loan, entering into any cooperative agreement <br />and the extension, renewal, amendment or modification of any federal contract, grant, loan or <br />cooperative agreement. Consultant shall sign a certification to that effect in a form as set forth in <br />Exhibit B attached hereto and by this reference incorporated herein_ Consultant shall submit said <br />signed certification to City prior to performing any of its obligations under this Agreement and prior <br />to any obligation arising on the part of City to pay any sums to Consultant under the terms and <br />conditions of this Agreement. <br />If any funds other than Federal appropriated funds have been paid or will be paid to <br />any person for influencing or attempting to influence an officer or employee of any agency, a <br />Member of Congress, an officer or employee of Congress, or an employee of a Member of <br />Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the <br />undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance <br />with its instructions. <br />5 <br />