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L. Compliance with Law /Program Income. SUBRECIPIENT acknowledges that the funds being <br />provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of <br />these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal <br />government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. <br />Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this <br />Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable <br />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, CITY <br />may only conduct business with responsible persons and may not make any award or permit any award to any <br />parry which is debarred or suspended or is otherwise excluded Rom or ineligible for participation in Federal <br />assistance programs under Executive Order 12549, "Debarment and Suspension ". See also 24 CFR 570.609, <br />SUBRBCIPIENT must review and sign Exhibit C " Debarment", which is attached hereto and incorporated herein <br />by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of <br />State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of <br />SUBRECIPIENT shall be reported immediately to CITY. <br />N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT <br />shall, where applicable, maintain the confidential nature of information provided to it concerning participants in <br />accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or <br />HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of <br />reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. <br />O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is <br />rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. <br />P. Violation of Terns and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any <br />of the terms and conditions of this Agreement or any prior Agreement whereby CDBG fiunds were received by <br />SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain <br />expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all <br />amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify <br />expenditure of the CDBG Rinds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all <br />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 - expendable personal <br />property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The <br />tern "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 provided <br />through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. <br />S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and <br />regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a <br />federal contact, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an <br />officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in <br />connection with awarding of any federal contract, the making of any federal grant or loan, entering into any <br />cooperative agreement 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 forth in "Exhibit D," <br />attached hereto and by this reference incorporated herein. SUBRECIPIENT shall subunit said signed certification to <br />CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of <br />CITY to pay any sums to SUBRECIPIENT under the terns and conditions of this Agreement. <br />25C -7 <br />