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shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the <br />duration of the MEMORANDUM and thereafter for five (5) years post - completion of an audit in <br />conformity with the ESG requirements, except as hereinafter provided relating to retention of any records <br />or documentation existing, created, or maintained in compliance with Lead -based Paint regulations, <br />which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, <br />administrative proceedings or litigation arising out of the performance of this MEMORANDUM, or (b) <br />costs and expenses of this MEMORANDUM to which the CITY or any other governmental agency takes <br />exception, shall be retained beyond the five (5) years until complete resolution or disposition of such <br />appeals, litigation claims, or exceptions. All said records must be retained for the greater of the <br />aforementioned duration or the periods specified in 24 CFR 576.500(y). All records relating to, or created <br />or maintained in compliance with, the Lead -Based Paint regulations shall be retained and maintained by <br />the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure <br />statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods <br />may be substituted for the original records. The CITY and HUD shall have the right to access all the <br />SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the <br />SUBRECIPIENT does not make the above - referenced documents available within the City of Santa Ana, <br />California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY <br />in conducting any audit at the location where said records and books of account are maintained. <br />The SUBRECIPIENT agrees to meet requirements as set forth in 24 CFR § 576.500 <br />E. Homeless Management Information Systems (HMIS) <br />(1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities <br />assisted under ESG are entered into the applicable community -wide HMIS in the area in which those <br />persons and activities are located, or with the express knowledge and written consent of the CITY, a <br />comparable database, in accordance with HUD's standards on participation, data collection, and reporting <br />under a local HMIS. <br />(2) HMIS Agency AGREEMENT. The SUBRECIPIENT shall have an AGREEMENT in place with <br />the HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS <br />AGREEMENT with the HMIS lead agency shall be attached to this MEMORANDUM as Exhibit D. In <br />the case of Domestic Violence service providers or other agencies prohibited from entering data into <br />HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a <br />comparable database shall be attached to this MEMORANDUM as Exhibit D. <br />(3) HMIS Interagency Data Sharing AGREEMENT. The SUBRECIPIENT shall enter into an <br />Interagency Data Sharing AGREEMENT with the HMIS Lead Agency where the SUBRECIPIENT <br />agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG <br />funded programs, unless prohibited by law. A copy of such AGREEMENT shall be attached as Exhibit <br />E. <br />F. Audit Report Requirements <br />The SUBRECIPIENT agrees that if the SUBRECIPIENT receives Five Hundred Thousand Dollars <br />($500,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a <br />certified public accountant in accordance with the standards as set forth and published by the United States <br />Office of Management and Budget in the Single Audit Act Amendments of 1996, OMB Circular A -133, <br />and the OMB Circular Compliance Supplement and Government Auditing Standards. The <br />SUBRECIPIENT shall provide the CITY with a copy of said audit by October 1 of the year following the <br />program year in which this MEMORANDUM is executed. Further, the SUBRECIPIENT shall comply <br />and/or cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint <br />Regulations as further detailed below. <br />VIII. EVALUATION AND MONITORING <br />12 <br />