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requirements, except as hereinafter provided relating to retention of any records or <br />documentation existing, created, or maintained in compliance with Load -based Paint <br />regulations, which likely require longer retention as outlined below. Records which relate to <br />(a) complaints; ctaims,.administmtivo proceedings or litigation arising out of the performance <br />of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or <br />any other governmental agency takes exception, shall be retained beyond the five (5) years <br />until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said <br />records must be retained for the greater of the aforementioned duration or the periods specified <br />in 24 CFR 576,500(y). All records relating to, or created or maintained in compliance with, <br />the Lead -Based. Paint regulations shall be retained and maintained by the SUBRECIPIENT <br />indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and <br />clearance report(s). Copies made by microfilming, photocopying, br similar methods may be <br />substituted fox the original records. The CITY, HUD and auditors shall have the right to access <br />all the SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. <br />In the event the SUBRECIPIENT does not make the above -referenced documents available within <br />the City of Santa Ana, California, the SUBRECB'IENT agrees to pay all necessary and reasonable <br />expenses incurred by the CITY in conducting any audit at the location where said records and <br />books of account are maintained. <br />The SUBRECIPIBNT agrees to meet the requirements set forth in 24 CFR 576,500, <br />D. Homeless Matiauement Information S s�(HMIS) <br />1, Generally, The SUBRECIPIENT must ensure that data on all persons served and all <br />activities assisted under ESG are entered into the applicable community -wide HMIS in the <br />area in which those persons and activities are located, or with the expross knowledge and <br />written consent of the. CITY, a comparable database, in accordance with HUD's standards on <br />participation, data collection, and reporting under a local HMIS. <br />2. HMIS Agency Agreement, The SUBRECIPIENT shall have an agreement in place with <br />the HMIS lead agency to participate in the regionally HMIS system. A copy of the <br />SUBRECIPMNTS agreement with the HMIS lead agency shall be attached to this agreement as <br />Exhibit E. In the case of Domestic Violence service providers or other agencies prohibited from <br />entering data into HMIS, documentation from the HMIS lead agency certifying that the <br />SUBRBClPIBNT is using a comparable database shall be attached to this agreement as Exhibit <br />E. <br />3. HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an <br />Interagency Data Sharing Agreement with the HMIS Lend Agency where the <br />SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients <br />that are served in ESG funded programs, unless prohibited by law, A copy of such agreement <br />shall be attached as Exhibit F. <br />E, Audit Report Requirements <br />The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand <br />Dollars ($750,000.00) or more in federal funds, the SUBRBCIPIENT shall have an annual audit <br />conducted by a certified public accountant in accordance with the standards as set forth and <br />published by the United States Office of Management and Budget (2 CPR 200.501(a)), The <br />SUBRECIPIENT shall provide the CITY with a copy of said audit by April I of the year following <br />the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall <br />12 <br />