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the city of Santa Ana, California, SUBRECIPIENT 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 Law/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 any <br />award to .any patty 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 CUR 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 or 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 Memorandum of <br />Understanding , SUBRECWIENT 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 />O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations <br />herounder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY. <br />P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT <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 SUBRBCIPIENTT, 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 SUBRECIPIENT 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. Equipment. 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 funds <br />provided through this Memorandum of Understanding to pay for entertainment, meals or gifts, or other <br />prohibited uses. <br />91 <br />