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<br />5/05 <br /> <br />any site in which any of the services or activities funded hereunder are conducted or in which any of <br />the records of SUB RECIPIENT 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 />SUB RECIPIENT 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 />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 />SUBRECIPIENT 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 />SUBRECIPIENT 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 />13 <br />