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H. Access to Records. City and the United State Government and /or their representatives
<br />shall have access for purposes of monitoring, auditing, and examining Consultant's activities and
<br />performance, to books, documents and papers, and the right to examine records of Consultant's
<br />subcontractors, bookkeepers and accountants, employees and participants in regard to said program.
<br />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 />I. 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 Regs. 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,
<br />Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any
<br />audit at the location where said records and books of account are maintained.
<br />J. Confidentiality. Without prejudice to any other provisions of this Agreement,
<br />Consultant 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 />Consultant shall submit to City and or HUD or its representatives, all records requested, including
<br />audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred
<br />and 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.
<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.
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