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F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the <br />funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that <br />distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all <br />pertinent 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. Any 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 and administration of said program, whether or not referred to in this <br />Agreement. <br />G. Debarment. To protect the public interest and ensure the integrity of Federal <br />programs, CITY may only conduct business with responsible persons and may not make any award <br />or permit any award to any party which is debarred or suspended or is otherwise excluded from or <br />ineligible for participation in Federal assistance programs under Executive Order 12549, <br />"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign <br />Exhibit D "Debarment", which is attached hereto and incorporated herein by this reference. <br />SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, <br />Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension <br />of SUBRECIPIENT shall be reported immediately to CITY. <br />H. 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 or its representatives, all records requested, including audit, <br />examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred <br />and services rendered hereunder. <br />I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations <br />hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of <br />CITY. <br />J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT <br />violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA <br />SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if <br />on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts <br />or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If <br />SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure <br />of the ARPA SURF Funds granted hereunder, SU 3RECIPIENT shall be required to reimburse the <br />CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances. <br />K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances <br />and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA <br />SURF Funds under this Agreement. <br />7 <br />