BOYS AND GIRLS CLUB 5 - 2007 - Laserfiche WebLink

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5/05 M. Standing. SUB RECIPIENT shall be in good standing, without suspension by the Califomia Secretary of State, Franchise Tax Board and Intemal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of infom1ation provided to it conceming participants in accordance with the requirements offederal and state law. However, SUB RECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incUlTed and services rendered hereunder. O. Independent Contractor. SUB RECIPIENT agrees that the perfonnance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Tern1s and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the tenns and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT repOlts inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justity expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the ten11S of this Agreement. Said record shall be made available to CITY upon request. The tenn "non-expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby celtifies and agrees that it will not use funds provided through this Agreement to pay for enteltainment, meals or gifts. S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (3 I U.S.c. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in cOlmection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a fonn as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUB RECIPIENT shall submit said signed certification to CITY prior to perfonning any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUB RECIPIENT under the ten11S and conditions of this Agreement. 6