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1-I. Con fidcntiality. Without prejudice to ally other provisions of this Agreement, <br />SUBRECIPIENT shall, %here applicable, maintain the confidential ❑ pure of'inlormation provided <br />to it concerning participants in accordance with the requirenncnts of federal and state law. Plowever, <br />SUBRECIPIENT shall submit to OTY or its representatives, all records requested, including audit, <br />exanninations, monitoring and verifications of reports subonitted by SUBRECIPIENT, costs iucurrcdl <br />and seviccs rendered hereunder. <br />1. IndcpcndentContract r. SUBRE.CIIll ENTagrecsthat (tic performalice ofobligations <br />hereunder is rendered ur its capacity as an independent contractor and that it is in no wily an agent of <br />CITY. <br />.1. violatim—OU OTS andCoriditionti. SUBRE.CIPIENTagrees that if'SUBRECIPIENT <br />Violates ally of (lie terms and conditions of this Agreement or any prior Agreement whereby CAIZ17S <br />Act funds were received by SUBRI=CIPIENf, or if SUBRECIPIENT reports inaccurately, or i1'on <br />audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or <br />omissiotls causing the disallowance and repay CITY all amounts spent in violation thereof: if <br />SUBRECtill ENI engaged in I}audulcnt activity to obtain and/orjustify distribution or expenditure <br />of the CARES Act Foods granted hereuiuler, SUBRECIPIENT shall be required to reimburse the <br />CITY of all such (finds that were obtained, distributed and/or spent under fraudulent circumstances. <br />K. Prou . SUBRECIPIENT shall immediately report all suspected or known instances <br />and Rrcts concerning possible fraud. abuse or criminal activity related to said program for the CARES <br />Act Euncls Under this Agreement. <br />L. Prohibited Use. SUBRECIPIENT hareby certifies iandl agrees that it will not use <br />CARES Act funds prov ideal tlunugh this Agreoniont to pay for entertainnlont, meals or gills, or other <br />prohibited uses. <br />M. Lot) ilig. SUBRECIPIENT certifies that it will connply with federal law (31 U.S.C. <br />1352) and rcgtdations fb and at 241 CTR Part 87, which provide the no appropriated funds may be <br />expcuded by the recipient of a federal cone fret, grant, loan or cooperative agrecnneut to pay ally person <br />I'or influencing or attempting to influence an oft 1ceror employee ofany agency, Member of C'otgress, <br />or an ofliccr or employee of a Member of Congress in connection with awarding of any federal <br />contract, the making ot'any lacleral grant or loan, entering into any cooperative agreemcnt and the <br />extension, renewal, amendment or modification of any fodleral contract, grail, loan or cooperative <br />agreement. SUBRECIP11-NI'shall sign n certification to that effect in a form as set forth in Exhibit <br />E 7ttaclicd licreto and by this rcicrcncc incorporated liercin. SUBRECIPIENT shall submit said <br />si��n dl certification to C 11 Y prior to perfo mine any oC rn obligations under Ibis Agreement and prior <br />to any obligation arising on the Part of CITY to pay any sums to SUBRECIPIENT under the terms <br />and conditions ol'this Agreement. <br />If any funds oihcr than Fedeal appropriated funds have been paid or will be paid( to <br />any person [or influencing or attcmPtim- to intluencc an officer or employee ol'anv agency, a Member <br />of COng"ress, an oflicer or employee of Congress, or an employee of a Member of Congress ill <br />Connection with this Federal contract, grant, loan, or coopeatke agreement, the undersigned sball <br />