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25H - AGMT SPECIAL LEGAL COUNSEL
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25H - AGMT SPECIAL LEGAL COUNSEL
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Last modified
6/1/2017 4:01:20 PM
Creation date
6/1/2017 3:59:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
25H
Date
6/6/2017
Destruction Year
2022
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G. Record Keeping/Reporting. Attorneys shall keep and maintain complete and adequate <br />records and reports to assist City in meeting and maintaining its record keeping responsibilities <br />under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. <br />H. Access to Records. City and the United State Government and/or their <br />representatives shall have access for purposes of monitoring, auditing, and examining Attorneys' <br />activities and performance, to books, documents and papers, and the right to examine records of <br />Attorneys' subcontractors, bookkeepers and accountants, employees and participants in regard to <br />said program. City and the United States Government and/or their representatives shall also <br />schedule on-site monitoring at their discretion. Monitoring activities may also include, but are <br />not limited to, questioning employees and participants in said program and entering any premises <br />or any site in which any of the services or activities funded hereunder are conducted or in which <br />any of the records of Attorneys are kept. Nothing herein shall be construed to require access to <br />any privileged or 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 Attorneys and <br />all documents related to this Agreement shall be maintained and kept available at Attorneys' <br />office or place of business for the duration of the Agreement and thereafter for four (4) years <br />after completion of an audit in conformity with the CDBG Regulations. Records which relate to <br />(a) complaints, claims, administrative proceedings or litigation arising out of the performance of <br />this Agreement, or (b) costs and expenses of this Agreement to which City or any other <br />governmental agency takes exception, shall be retained beyond the four (4) years until complete <br />resolution or disposition of such appeals, litigation claims, or exceptions. In the event Attorneys <br />do not make the above -referenced documents available within the city of Santa Ana, California, <br />Attorneys 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, Attorneys <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, Attorneys shall <br />submit to City and or HUD or its representatives, all records requested, including audit, <br />examinations, monitoring and verifications of reports submitted by Attorneys, costs incurred and <br />services rendered hereunder. <br />K. Lobbying. Attorneys certify that they 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. Attorneys shall sign a certification to that effect. Attorneys shall submit <br />said signed certification to City prior to performing any of its obligations under this Agreement and <br />prior to any obligation arising on the part of City to pay any sums to Attorneys under the terms and <br />conditions of this Agreement. <br />4 <br />25H-8 <br />
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