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L. CONTRACTOR agrees to the following accounting, monitoring, auditing, <br />and review requirements: <br />1. CONTRACTOR agrees to maintain such records and submit such <br />reports, data and information, on the form and containing such information, at such times <br />as CITY may request or require regarding the performance of CONTRACTOR'S services <br />or activities, costs or other data, including but not limited to Participants' attendance and <br />certifications. <br />2. CITY, the State of California and the United States government <br />and/or their representatives shall have access for purposes of monitoring, auditing and <br />examining of CONTRACTOR'S activities, performance, and Participants related to this <br />Agreement. Such agencies or representatives shall also schedule on -site monitoring at <br />their discretion. Monitoring activities may also include, but are not limited to, <br />questioning employees and Participants and entering any premises or onto any site in <br />which any of the services or activities funded hereunder are conducted or in which any of <br />the records of CONTRACTOR are kept (2 CFR §200.330). Nothing herein shall be <br />construed to require access to any privileged or confidential information as set forth in <br />federal or state law. <br />3. In the event CONTRACTOR does not make the above -referenced <br />documents available within the City of Santa Ana, California, CONTRACTOR agrees to <br />pay all necessary and reasonable expenses incurred by CITY in conducting any audit at <br />the location where said records and books of account are maintained. <br />4. All accounting records and evidence pertaining to all costs of <br />CONTRACTOR and all documents related to this Agreement shall be kept available at <br />the location where CONTRACTOR conducted the program, as well as in the County of <br />Orange, for the duration of this Agreement and thereafter for three (3) years after <br />completion of an audit. Records which relate to (a) complaints, claims, administrative <br />proceedings or litigation arising out of the performance of this Agreement, or (b) costs <br />and expenses of this Agreement to which CITY, the State of California or the United <br />States Government take exception, shall be retained beyond the three (3) years until <br />resolution of disposition of such appeals, litigation, claims, or exceptions. <br />M. Without prejudice to any other section of this Agreement, <br />CONTRACTOR shall, where applicable, maintain the confidential nature of information <br />provided to it concerning Participants in accordance with the requirements of federal and state <br />law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of <br />California and/or the United States Government or their representatives, all records requested for <br />administrative purposes, including audits, examinations, monitoring and verification of records <br />submitted by CONTRACTOR, costs incurred and services rendered hereunder. <br />N. CONTRACTOR shall not expend funds pursuant to this Agreement to <br />provide services to any participant where costs of training are paid for by any other person or <br />entity. <br />Page 4 of 17 <br />