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contained in the Federal Office of Management and Budget ( "OMB ") Circular A -87 <br />and its attachments, including those for contracts in excess of Ten Thousand Dollars <br />($10,000.00) and including the provisions relating to audit requirements and <br />resolution of audit findings as provided in Circular A -128. Additionally, if <br />SUBGRANTEE receives $25,000 or more in grant funds, SUBGRANTEE is required <br />to submit an annual report including either a single audit or program audit reports, <br />which evidence an audit was completed in accordance with specific program <br />requirements of the OMB Circular (i.e., A -128 or A -133). <br />F. SUBGRANTEE acknowledges that the CITY shall disburse funds to SUBGRANTEE <br />only upon execution of this AGREEMENT, and CITY is empowered only to provide <br />funds to SUBGRANTEE pursuant to the provisions of this AGREEMENT. <br />G. SUBGRANTEE acknowledges that CITY shall have the right to recapture all or a <br />portion of DVVA funds disbursed to SUBGRANTEE should the SUBGRANTEE fail <br />to comply with all the terms and conditions of this AGREEMENT or refuse to accept <br />any conditions which may subsequently be imposed by the Office of Emergency <br />Services for the operation of the Domestic Violence Victim Advocacy Program. If <br />CITY is required to take legal action to recapture the full amount of funds granted to <br />SUBGRANTEE, SUBGRANTEE agrees to reimburse CITY for attorney's fees and <br />all associated legal fees. <br />H. SUBGRANTEE shall not dispose of any real or personal property acquired in full or <br />in part with DVVA funds through sale, use or relocation without the express and prior <br />written permission of the CITY <br />I. SUBGRANTEE agrees that any earned interest income on funds generated through <br />the use or investment of funds received from CITY shall be used in conformance with <br />program income requirements set forth in Code of Federal Regulations 570.504. The <br />SUBGRANTEE shall disclose to the CITY all program income received utilizing <br />Office of Emergency Services (OES) funds administered under this AGREEMENT. <br />5. RECORDS <br />SUBGRANTEE agrees to maintain program records for a minimum of three years after the <br />close -out of a sub -grant and to make such records available for onsite monitoring by CITY <br />not less than annually and to submit to periodic inspections by the Office of Emergency <br />Services officials during this three year period. <br />6. CONFLICT OF INTEREST <br />SUBGRANTEE agrees that no officer, employee, agent, or assignee of CITY having direct <br />or indirect control of DVVA funds granted to the CITY shall serve as an officer of <br />SUBGRANTEE. Further, any conflict or potential conflict of interest of any officer of <br />SUBGRANTEE shall be fully disclosed to the CITY prior to the execution of this <br />AGREEMENT and shall be attached to and become a part hereof. <br />Page 3 of 8 <br />