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<br />5/05 <br /> <br />or created or maintained in compliance with, Title X and/or the LBP Regs shall be retained and <br />maintained by SUBRECIPIENT indefinitely, including without limitation, all inspection <br />report(s), disclosure statement(s), and clearance report(s). In the event SUBRECIPIENT does not <br />make the above-referenced documents available within the city of Santa Ana, California, <br />SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in <br />conducting any audit at the location where said records and books of account are maintained. <br /> <br />L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds <br />being provided by CITY for said program are received by CITY pursuant to the ACT as amended <br />and that expenditures of these funds shall be in accordance with the ACT and all pertinent <br />regulations issued by agencies of the federal government, including, but not limited to, all <br />regulations found at Title 24 of the Code of Federal Regulations. Program income received by <br />SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. <br />SUB RECIPIENT agrees to comply fully with all federal, state and local laws and court orders <br />applicable to its operation whether or not referred to in this Agreement. <br /> <br />M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the <br />California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in <br />the corporate status or suspension of SUB RECIPIENT shall be reported immediately to CITY. <br /> <br />N. Confidentiality. Without prejudice to any other provisions of this Agreement, <br />SUB RECIPIENT shall, where applicable, maintain the confidential nature of information provided <br />to it concerning participants in accordance with the requirements of federal and state law. However, <br />SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, <br />including audit, examinations, monitoring and verifications of reports submitted by <br />SUBRECIPIENT, costs incurred and services rendered hereunder. <br /> <br />O. Independent Contractor. SUBRECIPIENT agrees that the performance of <br />obligations hereunder are rendered in its capacity as an independent contractor and that it is in no <br />way an agency of CITY. <br /> <br />P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if <br />SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior <br />Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT <br />reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT <br />agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent <br />in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify <br />expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse <br />the CITY of all such funds that were obtained/spent under fraudulent circumstances. <br /> <br />Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non- <br />expendable personal property acquired under the terms of this Agreement. Said record shall be <br />made available to CITY upon request. The term "non-expendable personal property" shall include <br />leased and purchased equipment. <br /> <br />13 <br />