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7/2014 <br />L. Compliance with Law/Program Income. SUBRECIPIENT aelmowledges that the funds <br />being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that <br />expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by <br />agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code <br />of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless <br />otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and <br />local laws and court orders applicable to its operation whether or not referred to in this Agreement. <br />M. Debarment. To protect the public interest and ensure the integrity of Federal programs, <br />CITY may only conduct business with responsible persons and may not make any award or permit any <br />award to any party which is debarred or suspended or is otherwise excluded from or ineligible for <br />participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension ". <br />See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment ", which is <br />attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, <br />without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. <br />Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to <br />CITY. <br />N. Confidentiality. Without prejudice to any other provisions of this Agreement, <br />SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it <br />concerning participants in accordance with the requirements of federal and state law. However, <br />SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including <br />audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred <br />and services rendered hereunder. <br />O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations <br />hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. <br />P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT <br />violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds <br />were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a <br />disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the <br />disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in <br />fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, <br />SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent <br />under fraudulent circumstances. <br />Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non - expendable <br />personal property acquired under the terms of this Agreement. Said record shall be made available to CITY <br />upon request. The term "non- expendable personal property" shall include leased and purchased equipment. <br />R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds <br />provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. <br />S. Lobbvina. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) <br />and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the <br />recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or <br />attempting to influence an officer or employee of any agency, Member of Congress, or an officer or <br />employee of a Member of Congress in connection with awarding of any federal contract, the making of any <br />federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or <br />modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a <br />certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference <br />incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any <br />5 <br />