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L. Indirect Cost Rate. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for <br />the award shall be an approved federally recognized indirect cost rate negotiated <br />between the District and the Federal government, or, if no such rate exists, the de <br />minimis indirect cost rate as defined in 2 CPR §200.414(b) Indirect (F&A) costs. <br />For this Agreement, the de minimis indirect cost rate of 0% will apply. <br />M. Program Income. District shall comply with program income requirements set for <br />the in 24 CFR 570.504(c). Program income received by the District shall be <br />returned to the City unless otherwise provided for in this Agreement. <br />N, Equipment. The purchase of equipment is not allowable under this Agreement. <br />0. Prohibited Use. District hereby certifies and agrees that it will not use funds <br />provided through this Agreement to pay for entertainment, meals or gifts, or other <br />prohibited uses. <br />P. Women- and Minority -Owned Businesses. District will use its best efforts to <br />afford small businesses, minority business enterprises, and women's business <br />enterprises the maximum practicable opportunity to participate in the performance <br />of this Agreement in accordance with the requirements of 2 CFR 200.321 <br />"Contracting with small and minority businesses, women's business enterprises, <br />and labor surplus area firms". As used in this Agreement, the term "small business" <br />means a, business that meets the criteria set forth in section 3(a) of the Small <br />Business Act, as amended (15 U.S.C. 632), and "minority and women's business <br />enterprise" means a business at least fifty-one percent (51 %) owned and controlled <br />by minority group members or women. For the purpose of this definition, "minority <br />group members" are African-Americans, Spanish-speaking, Spanish surnamed or <br />Spanish -heritage Americans, Asian -Americans, and American Indians. District <br />may rely on written representations by businesses regarding their status as minority <br />and female business enterprises in lieu of an independent investigation. <br />Q. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in <br />24 CFR 570.611 and 2 CFR 200.112, the District certifies that no member, officer, <br />employee, agent or assignee of the City having direct or indirect control of any <br />CDBG monies granted to the City, inclusive of the subject CDBG fiends, shall serve <br />as an officer of the District. Further, any conflict or potential conflict of interest of <br />any officer of the District shall be fully disclosed in writing prior to the execution <br />of this Agreement and said writing shall be attached and deemed frilly incorporated <br />as a part hereof. Notice shall be sent by the District to the City regarding any <br />changes or modifications to its board of directors and list of officers. <br />R. Limitation of Funds. The United States of America, through HUD, may in the <br />future place programmatic or fiscal limitations on the use of CDBG funds which <br />limitations are not presently anticipated. Accordingly, the City reserves the right <br />to revise this Agreement in order to take account of actions affecting HUD program <br />funding, In the event of funding reduction, the City may, in its sole and absolute <br />5 <br />