Laserfiche WebLink
5/11/10 <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 <br />any 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 funds <br />being provided by CITY for said program are received by CITY pursuant to the ACT as amended <br />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. Program income received by <br />SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. <br />SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders <br />applicable to its operation whether or not referred to in this Agreement. <br />M. Standin . 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 SUBRECIPIENT shall be reported immediately to CITY. <br />N. Confidentiality. Without prejudice to any other provisions of this Agreement, <br />SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided <br />to it concerning 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 />O. Independent Contractor. SUBRECIPIENT agrees that the performance of <br />obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way <br />an agency of CITY. <br />P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if <br />SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior <br />Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT <br />reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT <br />agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent <br />in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify <br />expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse <br />the CITY of all such funds that were obtained/spent under fraudulent circumstances. <br />Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non- <br />expendable personal property acquired under the terms of this Agreement. Said record shall be <br />C <br />r <br />