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were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a <br /> disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the <br /> disallowance and repay CITY all amounts spent in violation thereof If SUBRECIPIENT engaged in <br /> fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, <br /> SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent <br /> under fraudulent circumstances. <br /> Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non-expendable <br /> personal property acquired under the terms of this Agreement. Said record shall be made available to CITY <br /> upon request. The term"non-expendable personal property"shall include leased and purchased equipment. <br /> R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds <br /> provided through this Agreement to pay for entertainment,meals or gifts, or other prohibited uses. <br /> S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) <br /> and 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 any <br /> federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or <br /> modification of any federal contract, grant, loan or cooperative agreement. SUBRECWIENT shall sign a <br /> certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference <br /> incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any <br /> of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any <br /> sums to SUBRECIPIENT 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 with <br /> this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a <br /> "Disclosure Form to Report Lobbying,"in accordance with its instructions(Exhibit D). <br /> SUBRECIPIENT shall require that the language of this certification be included in the <br /> award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under <br /> grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all <br /> subrecipients shall similarly certify and disclose accordingly. <br /> T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay <br /> salaries and other related administrative or personnel costs, no persons who exercise or have exercised <br /> any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a <br /> position to participate in a decision-making process or gain inside information with regard to such <br /> activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, <br /> either for themselves or those with whom they have family or business ties, during their tenure or for one <br /> year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or <br /> elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. <br /> U. Labor Standards. The SUBRECIPIENT 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 Work <br /> Hours and Safety Standards Act (40 U.S.C. 3701, et seg.) and all other applicable Federal, state and local <br /> laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this <br /> Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. <br /> Page 6 of 15 <br />