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entering any premises or any site in which any of the services or activities funded hereunder is <br />conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be <br />construed to require access to any privileged or confidential information as set forth in federal or <br />state law. <br />K. Location of Records/Requircd Length of Record Keeping. All accounting records, <br />reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT <br />and all documents related to this Agreement shall be maintained and kept available at <br />SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for <br />five (5) years after completion of an audit in conformity with the CDBG RECS. Records which <br />relate to (a) complaints, claims, administrative proceedings or litigation arising out of the <br />performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any <br />other governmental agency takes exception, shall be retained beyond the five (5) years until <br />complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event <br />SUBRECIPIENT does not make the above-referenced documents available within the city of Santa <br />Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by <br />CITY in conducting any audit at the location where said records and books of account are <br />maintained. <br />L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the <br />funds being provided by CITY for said Project are received by CITY pursuant to the ACT as <br />amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent <br />regulations issued by agencies of the federal government, including, but not limited to, all <br />regulations found at Title 24 of the Code of Federal Regulations and specifically 24 CFR <br />570.504(c). Program income received by SUBRECIPIENT shall be returned to CITY unless <br />otherwise provided for in this Agrminent. At the end of the program year, CITY may require <br />remittance of all or part of any program income balances (including investments thereof) held by <br />SUBRECIPIENT. SUBRECIPIENT agrees to comply fully with all federal, state and local laws <br />and court orders applicable to its operation whether or not referred to in this Agreement. <br />M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the <br />California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in <br />the corporate status or suspension of SUBRECIPIENTshall be repotted immediately to CITY. <br />N. Confidentiality. Without prejudice to any other provisions of this Ag*r•eement, <br />SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided <br />to it concerting 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, <br />including audit, examinations, monitoring and verifications of reports submitted by <br />SUBRECIPIENT, costs incurred and services rendered hereunder. <br />0. Independent Contractor. For purposes of implementing this Agreement, <br />SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as <br />an independent contractor and that it is in no way an agency of CITY. Notwithstanding the <br />foregoing, this Agreement shall not diminish or affect the rights and responsibilities between CITY <br />and SUBRECIPIENT as it respects CITY's status is a member of the Orange County Fire <br />953911 1 <br />Exhil?§5'71