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the city of Santa Ana, California, SUBRLCIPIENT agrees to pay all necessary and reasonable expenses <br />incurred by CITY in conducting any audit at the location where said records and books of, account are <br />maintained, <br />L. Compliance with Lgw/Program Income. SUBRECIPIENT acknowledges that the funds <br />being provided by CITY for said program are received by CITY pursuant to the CARES Act and the ACT, as <br />amended, and that expenditures of these funds shall be in accordance with the CARES Act, the ACT, and all <br />pertinent 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 Memorandum of <br />Understanding , SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court <br />orders applicable to its operation whether or not referred to in this Memorandum of Understanding, <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 my <br />award to any party which is debarred or suspended or is otherwise excluded fromm 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 "Debarmenf', which is <br />attached hereto and incorporated herein by this reference, SUBRECIPIBNJ` shall be in good standing, <br />without suspension by the California Seer" of State, Franchise Tax Board or Internal Revenue Service, <br />Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to <br />CRY. <br />N. Confidentiality. Without prejudice to any other provisions of this Memorandum of <br />Understanding , SUBRECIPIENT shall, where applicable, maintain the confidential nature of information <br />provided 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, including <br />audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred <br />and services rendered hereunder, <br />0. W-02ndent 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 agent of CPrY. <br />P. Violation of Terms and Conditions, SUBRECIPIENT agrees that if, SU13RPCIPIENT <br />violates any of the terms and conditions of this Memorandum of Understanding or any prior Memorandum <br />of Understanding whereby CDBG-CV funds were received by SUBRECIPIENT, or if SUBRECIPIENT <br />reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to <br />remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof, <br />If SUBRECIPIF.NT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG-CV <br />funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that <br />were obtained and/or spent under fraudulent circumstances, <br />Q. Equip. SUBRECIPIENT agrees to maintain a record for each item of non -expendable <br />personal property acquired under the terms of this Memorandum of Understanding , Said record shall be <br />made available to CITY upon request. The term "non -expendable personal property" shall include leased and <br />purchased equipment. <br />R. Prohibited Use, SUBRECIPIENT hereby certifies and agrees that it will not use fiords <br />provided through this Memorandum of Understanding to pay for entertainment, meals or gifts, or other <br />prohibited uses, <br />