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<br />5/05 <br /> <br />M. Standing. SUB RECIPIENT shall be in good standing, without suspension by the <br />California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in <br />the corporate status or suspension of SUB RECIPIENT shall be reported immediately to CITY. <br /> <br />N. Confidentiality. Without prejudice to any other provisions of this Agreement, <br />SUB RECIPIENT shall, where applicable, maintain the confidential nature of information provided <br />to it concerning participants in accordance with the requirements offederal and state law. However, <br />SUB RECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, <br />including audit, examinations, monitoring and verifications of reports submitted by <br />SUB RECIPIENT, costs incurred and services rendered hereunder. <br /> <br />O. Independent Contractor. SUB RECIPIENT agrees that the performance of <br />obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way <br />an agency of CITY. <br /> <br />P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if <br />SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior <br />Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUB RECIPIENT <br />reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUB RECIPIENT <br />agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent <br />in violation thereof. If SUB RECIPIENT engaged in fraudulent activity to obtain andlor justify <br />expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse <br />the CITY of all such funds that were obtainedlspent under fraudulent circumstances. <br /> <br />Q. Equipment. SUB RECIPIENT agrees to maintain a record for each item of non- <br />expendable personal property acquired under the terms of this Agreement. Said record shall be <br />made available to CITY upon request. The term "non-expendable personal property" shall include <br />leased and purchased equipment. <br /> <br />R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use <br />funds provided through this Agreement to pay for entertainment, meals or gifts. <br /> <br />S. Lobbying. SUB RECIPIENT certifies that it will comply with federal law (31 <br />U.S.e. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds <br />may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay <br />any person for influencing or attempting to influence an officer or employee of any agency, <br />Member of Congress, or an officer or employee of a Member of Congress in connection with <br />awarding of any federal contract, the making of any federal grant or loan, entering into any <br />cooperative agreement and the extension, renewal, amendment or modification of any federal <br />contract, grant, loan or cooperative agreement. SUB RECIPIENT shall sign a certification to that <br />effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. <br />SUB RECIPIENT shall submit said signed certification to CITY prior to performing any of its <br />obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any <br />sums to SUB RECIPIENT under the terms and conditions of this Agreement. <br /> <br />6 <br />