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CITY in conducting any audit at the location where said records and books of account are <br />maintained. <br />L. Compliance with Law/Proarani Income. SUBRECIPIENT acknowledges that the <br />fiords being provided by CITY for said program are received by CITY pursuant to the ACT as <br />amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent <br />regulations issued by agencies of the federal government, including, but not limited to, all <br />regulations found at Title 24 of the Code of Federal Regulations. Program income received by <br />SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. <br />SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders <br />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 <br />programs, CITY may only conduct business with responsible persons and may not make any <br />award or permit any award to any party which is debarred or suspended or is otherwise excluded . <br />from or ineligible for participation in Federal assistance programs under Executive Order 12549, <br />"Debarment and Suspension ". See also 24 CFR 570.609. SUBRECIPIENT must review and <br />sign Exhibit C "Debarment ", which is attached hereto and incorporated herein by this reference. <br />SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, <br />Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or <br />suspension of SUBRECIPIENT shall be reported immediately to 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 <br />to it 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, <br />including audit, examinations, n- onitoring and verifications of reports submitted by <br />SUBRECIPIENT, costs incurred and services rendered hereunder. <br />O. Independent Contractor. SUBRECIPIENT 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 />P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if <br />SUBRECIPIENT violates any of the teens and conditions of this Agreement or any prior <br />Agreement whereby CDBO funds were received by SUBRECIPIENT, or if SUBRECIPIENT <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 violation thereof If SUBRECIPIENT engaged in fraudulent activity to obtain and/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 and/or spent under fraudulent circumstances. <br />Q. Equipment, SUBRECIPIENT agrees to maintain a record for each item of non- <br />expendable personal property acquired -wider 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 />25D -8 <br />