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Item 17 - Food Distribution/Supply Programs
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03/01/2022 Regular
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Item 17 - Food Distribution/Supply Programs
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
17
Date
3/1/2022
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CITY <br />J. Violation of Terms and Conditions. CONTRACTOR agrees that if CONTRACTOR violates <br />any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SLFRF Funds <br />were received by CONTRACTOR, or if CONTRACTOR reports inaccurately, or if on audit there is a <br />disallowance of certain expenditures, CONTRACTOR agrees to remedy the acts or omissions causing <br />the disallowance and repay CITY all amounts spent in violation thereof. If CONTRACTOR engaged in <br />fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted <br />hereunder, CONTRACTOR shall be required to reimburse the CITY of all such funds that were obtained, <br />distributed and/or spent under fraudulent circumstances. <br />K. Fraud. CONTRACTOR shall immediately report all suspected or known instances and facts <br />concerning possible fraud, abuse or criminal activity related to said program for the ARPA SLFRF Funds <br />under this Agreement. <br />L. Prohibited Use. CONTRACTOR hereby certifies and agrees that it will not use ARPA <br />SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited <br />uses. <br />M. Lobbying. CONTRACTOR certifies that it will comply with federal law (31 U.S.C. 1352) and <br />regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the <br />recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or <br />attempting to influence an officer or employee of any agency, Member of Congress, or an officer or <br />employee of a Member of Congress in connection with awarding of any federal contract, the making of <br />any federal grant or loan, entering into any cooperative agreement and the extension, renewal, <br />amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR <br />shall sign a certification to that effect in a form as set forth in Exhibit E, attached hereto and by this <br />reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to <br />performing any of its obligations under this Agreement and prior to any obligation arising on the part of <br />CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. <br />If any funds other than Federal appropriated funds have been paid or will be paid to any <br />person for influencing or attempting to influence an officer or employee of any agency, a Member of <br />Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection <br />with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and <br />submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit E). <br />N. Financial Interest. CONTRACTOR agrees that except for the use of administrative fees to <br />pay salaries and other related administrative or personnel costs, no persons who exercise or have <br />exercised any function with respect to administering said program under the terms of this Agreement, <br />or who are in a position to participate in a decision -making process or gain inside information with <br />regard to the administration of said program, may obtain a financial interest or benefit from said <br />program, either for themselves or those with whom they have family or business ties, during their tenure <br />or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, <br />officer, or elected or appointed official of CITY, or of any designated public agency, or the <br />CONTRACTOR. <br />O. Labor Standards. The CONTRACTOR agrees to comply with the requirements of the <br />Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract <br />City of Santa Ana RFP 22-009A <br />Page 20 <br />
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