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5/OS <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 />K. Location of Records/Required Leneth of Record Keepine. All accounting records, <br />reports, and evidence pertaining to all costs, expenses and the ESG FUNDS of SUBRECIPIENT <br />and all documents related to this Agreement shall be maintained and kept available at <br />SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafrer <br />for five (5) years afrer completion of an audit in conformity with the ESG REGS, except as <br />hereinafter provided relating to retention of any records or documentation existing, created, or <br />maintained in compliance with Title X or the LBP Regs. Records which relate to (a) complaints, <br />claims, administrative proceedings or litigation azising out of the performance of this Agreement, <br />or (b) costs and expenses of this Agreement to which CITY or any other governmental agency <br />takes exception, shall be retained beyond the five (5) years until complete resolution or <br />disposition of such appeals, litigation claims, or exceptions. All records relating to, or created or <br />maintained in compliance with, Title Xand/or the LBP Regs shall be retained and maintained by <br />SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure <br />statement(s), and clearance report(s). In the event SUBRECIPIENT does not make the above- <br />referenced documents available within the city of Santa Ana, Califomia, SUBRECIPIENT agrees to <br />pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location <br />where said records and books of account are maintained. <br />L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the <br />funds being provided by CITY for said program are received by CITY pursuant to applicable <br />ESG guidelines and that expenditures of these funds shall be in accordance with the ESG guide- <br />lines and all pertinent regulations issued by agencies of the federal government. <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, and all Program Re- <br />quirements. Program income received by SUBRECIPIENT shall be returned to CITY unless <br />otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all fed- <br />eral, state and local laws and court orders applicable to its operation whether or not referred to in <br />this Agreement. <br />M. Standing. SUBRECIPIENT shall be in good standing without suspension by the <br />Califomia Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the <br />corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. <br />N. Confidentiality. Without prejudice to any other provisions of this Agreement, <br />SUBRECIPIENT shall, where applicable, maintain the confidential nature of information pro- <br />vided to it concerning participants in accordance with the requirements of federal and state law. <br />SUBRECIPIENT certifies that it will develop and implement procedures to ensure the confiden- <br />tiality of records pertaining to any individual provided family violence prevention or treatment <br />services under any project assisted under the Emergency Shelter Grants Program and that the <br />address or location of any family violence shelter project assisted under the Emergency Shelter <br />Grants Program will, except with written authorization of the person or persons responsible for <br />the operation of such shelter, not be made public (24 CFR 576.56). However, SUBRECIPIENT <br />13 <br />