JOHN DELULIO TRUST (2) - Laserfiche WebLink

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In the event DEVELOPER does not make the above -referenced documents available within the City of Santa Ana, California, DEVELOPER agrees to pay all necessary and reasonable expense incurred by CITY in conducting any audit at the location where said records and books of account are maintained. E. All accounting records and evidence pertaining to all costs of DEVELOPER and all documents related to this agreement shall be kept available at DEVELOPER's office of place of business for the duration of this agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this agreement, or (b) costs and expense; s of this agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. F. DEVELOPER acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended. Expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not by way of limitation, those regulations set forth in "Exhibit II," attached hereto and by this reference incorporated herein. DEVELOPER agrees to comply fully with all federal, state and local laws and court order application to its operation whether or not referred to in this agreement. G. DEVELOPER shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension shall be reported immediately to ;CITY. H. DEVELOPER agrees that the performance of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. I. DEVELOPER agrees that CITY may terminate this agreement if, for any reason, DEVELOPER fails to fulfill in a timely and proper manner any of its obligations under this agreement. If DEVELOPER ;violates any of the terms and conditions of this agreement or any prior agreement whereby Community Development Block Grant ("CDBG{') funds were received by DEVELOPER, if DEVELOPER reports inaccurately, or if on audit there is a disallowance of certain expenditures, DEVELOPER agrees to remedy the acts of omissions causing the disallowance or repay CITY all amounts spent in violation thereof. Page 3 of 11 Pages