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E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT <br />expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, <br />SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance <br />with the standards as set forth and published by the United States Office of Management and Budget. <br />SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the <br />program year in which this Agreement is executed. <br />F. Compliance with Law/Program Income. SUBRECIPIENT aelmowledges that the <br />funds being provided by CITY for said program are received by CITY_pprsuam,to Ag ERA2, <br />that distribution and expenditure of these ERA2 Funds shall be in accordance with the ERA2 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. Any 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 and administration of said program, whether or not referred to in this <br />Agreement. <br />G. 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 award <br />or permit any award to any party which is debarred or suspended or is otherwise excluded from or <br />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 sign <br />Exhibit E "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 or Internal Revenue Service. Any change in the corporate status or suspension <br />of SUBRECIPIENT shall be reported immediately to CITY. <br />H. 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. <br />However, SUBRECIPIENT shall submit to CITY or its representatives, all records requested, <br />including audit, examinations, monitoring and verifications of reports submitted by <br />SUBRECIPIENT, costs incurred and services rendered hereunder. <br />I. Independent 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 <br />CITY. <br />J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT <br />violates any of the terms and conditions of this Agreement or any prior Agreement whereby ERA2 <br />Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit <br />there is a disallowance of .certain expenditures, SUBRECIPIENT agrees to remedy the acts or <br />omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If <br />SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure <br />