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5105 <br />shall submit to CITY and or HUD or its representatives, all records requested, including audit, <br />examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs in- <br />curred and services rendered hereunder. <br />O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations <br />hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency <br />of CITY. <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 Agreement <br />whereby ESG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports <br />inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees <br />to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in <br />violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify <br />expenditure of the ESG funds granted hereunder, SUBRECIPIENT shall be required to reimburse <br />the CITY of all such funds that were obtained/spent under fraudulent circumstances. <br />Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non - <br />expendable personal property acquired under the terms of this Agreement in accordance with 24 <br />CFR 85.32. Said record shall be made available to CITY upon request. The term "non -expendable <br />personal property" shall include leased and purchased equipment. <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 />S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. <br />1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be <br />expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any <br />person for influencing or attempting to influence an officer or employee of any agency, Member of <br />Congress, or an officer or employee of a Member of Congress in connection with awarding of any <br />federal contract, the making of any federal grant or loan, entering into any cooperative agreement <br />and the extension, renewal, amendment or modification of any federal contract, grant, loan or <br />cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set <br />forth in 'Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT <br />shall submit said signed certification to CITY prior to performing any of its obligations under this <br />Agreement and prior to any obligation arising on the part of CITY to pay any sums to <br />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 <br />any person for influencing or attempting to influence an officer or employee of any agency, a <br />Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress <br />in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall <br />complete and submit a 'Disclosure Form to Report Lobbying," in accordance with its instructions <br />(see C-1). <br />14 <br />