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<br />5/05 <br /> <br />1. Such records shall be maintained for not less than longer of <br />(A) three (3) years after the activities cease or (B) the period <br />required by applicable program regulations. Under the CDBG <br />REGS records shall be retained for not less than four (4) years after <br />the activities cease. <br /> <br />2. The SUBRECIPIENT shall provide a copy of any of the <br />above records to the CITY or to HUD upon request of either or <br />both. <br /> <br />(d) Tracking Report. If the SUB RECIPIENT has provided, or is providing, rental <br />assistance payments directed to a housing unit or housing units for more than 100 days, or it is <br />anticipated that during the last quarter of funding that such rental assistance payment will be for <br />more than 100 days, then the April 15 quarterly report shall contain information and evidence of <br />compliance with the requirements herein relating to tracking of housing units, cumulative days of <br />rental assistance, proper notifications to occupants and owners, HQS inspection, visual <br />assessment, work write-up, stabilization and clearance ofLBP and LBP hazards, if any. The <br />proposed form of such tracking information is attached hereto as Attachment No.5 and fully <br />incorporated by this reference. In the event such April 15 quarterly report does not fully satisfy <br />the reporting requirements set forth herein and in the LBP Regs, then the final installment <br />payment of the CDBG FUNDS shall be withheld from disbursement to SUB RECIPIENT. <br /> <br />1. Access to Records. CITY and the United State Government and/or their representatives <br />shall have access for purposes of monitoring, auditing, and examining SUB RECIPIENT's activities <br />and performance, to books, documents and papers, and the right to examine records of <br />SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in <br />regard to said program. CITY and the United States Government and/or their representatives shall <br />also 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 or <br />any site in which any of the services or activities funded hereunder are conducted or in which any of <br />the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any <br />privileged or confidential information as set forth in federal or state law. <br /> <br />K. Location of Records/Required Length of Record Keeping. All accounting records, <br />reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of <br />SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept <br />available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and <br />thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS, <br />except as hereinafter provided relating to retention of any records or documentation existing, <br />created, or maintained in compliance with Title X or the LBP Regs. Records which relate to (a) <br />complaints, claims, administrative proceedings or litigation arising out of the performance of this <br />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 five (5) years until complete <br />resolution or disposition of such appeals, litigation claims, or exceptions. All records relating to, <br /> <br />12 <br />