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be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of <br />the AGREEMENT and thereafter for five (5) years post - completion of an audit in conformity with the <br />ESG requirements, except as hereinafter provided relating to retention of any records or documentation <br />existing, created, or maintained in compliance with Lead -based Paint regulations, which likely require <br />longer retention as outlined below. Records which relate to (a) complaints, claims, administrative <br />proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses <br />of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be <br />retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation <br />claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or <br />the periods specified in 24 CFR 576.500(y). All records relating to, or created or maintained in <br />compliance with, the Lead -Based Paint regulations shall be retained and maintained by the <br />SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure <br />statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods <br />may be substituted for the original records. The CITY and HUD shall have the right to access all the <br />SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the <br />SUBRECIPIENT does not make the above - referenced documents available within the City of Santa Ana, <br />California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY <br />in conducting any audit at the location where said records and books of account are maintained. <br />The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. <br />E. Homeless Management Information Systems HMIS) <br />(1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities <br />assisted under ESG are entered into the applicable community -wide HMIS in the area in which those <br />persons and activities are located, or with the express knowledge and written consent of the CITY, a <br />comparable database, in accordance with HUD's standards on participation, data collection, and reporting <br />under a local HMIS. <br />(2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the <br />HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS <br />agreement with the HMIS lead agency shall be attached to this agreement as Exhibit D. In the case of <br />Domestic Violence service providers or other agencies prohibited from entering data into HMIS, <br />documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable <br />database shall be attached to this agreement as Exhibit D. <br />(3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an <br />Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to <br />share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded <br />programs, unless prohibited by law. A copy of such agreement shall be attached as Exhibit E. <br />F. Audit Report Requirements <br />The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Five Hundred Thousand Dollars <br />($500,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a <br />certified public accountant in accordance with the standards as set forth and published by the United States <br />Office of Management and Budget in the Single Audit Act Amendments of 1996, OMB Circular A -133, <br />and the OMB Circular Compliance Supplement and Government Auditing Standards. The <br />SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the <br />program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or <br />cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations <br />as further detailed below. <br />VIIL EVALUATION AND MONITORING <br />A. Generally <br />12 <br />