THOMAS HOUSE (3) - 2011 - Laserfiche WebLink

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6/10 shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports s ubmitted by S UBRECIPIENT, c osts i n- curred and services rendered hereunder. O. Independent C ontractor. S UBRECIPIENT agrees t hat t he p erfon-nance o f obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of T erms a nd C onditions. S UBRECIPIENT ag rees t hat i f SUBRECIPIENT v iolates any of t he t erms a nd c onditions of t his A greement or a ny pr for Agreement whereby ESG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to r emedy the acts or om issions c ausing t he di sallowance a nd r epay C ITY a 11 a mounts s pent i n violation t hereof I f S UBRECIPIENT a ngaged i n f raudulent a ctivity t o obt ain a nd/or j ustify expenditure of the ESG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. S UBRECIPIENT ag rees t o in aintain a r ecord f or each item of non - expendable pe rsonal pr operty a cquired unde r t he t erms of t his A greement i n accordance w ith 24 CFR 85.32. Said record shall be made available to CITY upon request. The term "non- expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbying. SUBRECIPIENT certifies that it w ill c omply w ith f ederal la w ( 31 U.S.C. 1352) and regulations found at 24 C FR 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 f or i nfluencing or attempting t o i nfluence a n of ficer or e mployee of a ny a gency, Member of Congress, or an of ficer or employee of a M ember of C ongress i n c onnection w ith awarding of a ny f ederal c ontract, t he in aking of a ny f ederal g rant or 1 oan, e ntering into any cooperative a greement a nd t he a xtension, r enewal, a mendment or in odification of any federal contract, grant, loan or cooperative agreement. S UBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C ," a ttached he reto a nd by t his r eference i ncorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person f or i nfluencing or attempting t o i nfluence a n of ficer or e mployee of a ny a gency, a Member of Congress, a n of facer or e mployee of C ongress, or a n e mployee of a M ember of Congress in connection with this F ederal c ontract, g rant, l oan, or c ooperative agreement, t he undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C -1). 14