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5/11/10 <br /> L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds <br /> <br /> being provided by CITY for said program are received by CITY pursuant to the ACT as amended <br /> and t hat expenditures of t hese f ands shall be i n a ccordance w ith t he A CT a nd a 11 pe rtinent <br /> regulations issued b y a gencies of t he f ederal g overnment,including, but not 1 invited t o, a 11 <br /> regulations f ound a t T itle 24 of t he C ode of F ederal R egulations. P rogram i ncome received b y <br /> SUBRECIPIENT s hall b e r eturned t o C TTY unl ess o therwise pr ovided f or a n t his A greement. <br /> SUBRECIPIENT ag rees t o co mply f ally w ith al l f ederal, s fate a nd local laws an d co art o rders <br /> applicable to its operation whether or not referred to in this Agreement. <br /> M. Standing. S UBRECIPIENT s hall be i n g ood s tanding, w ithout s uspension by the <br /> California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in <br /> the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. <br /> N. Confidentiality. W ithout prejudice t o a ny of her pr ovisions of this A greement, <br /> SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided <br /> to it concerning participants in accordance with the requirements of federal and state law. However, <br /> SUBRECIl'IENT s hall s ubmit t o CITY a nd or HUD or i is r epresentatives, a 11 r ecords r equested, <br /> including a udit, a xaminations, monitoring a nd ve rifications of r eports submitted b y <br /> SUBRECIPIENT, costs incurred and services rendered hereunder. <br /> O. Independent C ontractor. S UBRECIPTENT ag rees t hat t he p erformance o f <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 /> P. Violation of T erms and C onditions. SUBRECIPIENT a grew t hat i f <br /> SUBRECII'IENT vi olates a ny of t he t erms a nd c onditions of t his A greement or any pr for <br /> Agreement w hereby C DBG f ands w ere r eceived b y S UBRECIPIENT, o r i f S UBRECIPIENT <br /> reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT <br /> agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent <br /> in v iolation thereof. I f SUBRECIPIENT e ngaged i n f raudulent a ctivity t o ob fain a nd/or justify <br /> expenditure of the CDBG 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. S UBRECIPIENT a grew t o m aintain a r ecord f or each item of n on- <br /> expendable p ersonal property a cquired unde r t he t erms of t his A greement. S aid r ecord s hall b e <br /> made available to CITY upon request. The term "non-expendable personal property" shall include <br /> leased and purchased equipment. <br /> R. Prohibited U se. SUBRECIPIENT h ereby certifies an d a grew th at it w ill n of u se <br /> funds provided through this Agreement to pay for entertainment, meals or gifts. <br /> S. Lobbying. S UBRECIPIENT c ertifies th at it w ill c omply w ith f ederal law (31 <br /> <br /> U.S.C. 1352) and regulations found at 24 C FR Part 87, which provide that no appropriated funds <br /> <br /> maybe expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay <br /> <br /> any pe rson f or i nfluencing or a ttempting t o i nfluence a n of facer or employee of a ny a gency, <br /> 6 <br /> 25L-8 <br /> <br />