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<br /> 6 <br /> <br /> P. 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 CDBG funds <br />were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a <br />disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the <br />disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in <br />fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, <br />SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent <br />under fraudulent circumstances. <br /> <br /> Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non-expendable <br />personal property acquired under the terms of this Agreement. Said record shall be made available to CITY <br />upon request. The term "non-expendable personal property" shall include leased and purchased equipment. <br /> <br /> R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds <br />provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. <br /> <br /> S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) <br />and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the <br />recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or <br />attempting to influence an officer or employee of any agency, Member of Congress, or an officer or <br />employee of a Member of Congress in connection with awarding of any federal contract, the making of any <br />federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or <br />modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a <br />certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference <br />incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any <br />of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any <br />sums to SUBRECIPIENT under the terms and conditions of this Agreement. <br /> <br /> If any funds other than Federal appropriated funds have been paid or will be paid to any <br />person for influencing or attempting to influence an officer or employee of any agency, a Member of <br />Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with <br />this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a <br />"Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D). <br /> <br /> SUBRECIPIENT shall require that the language of this certification be included in the <br />award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under <br />grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all <br />subrecipients shall similarly certify and disclose accordingly. <br /> <br /> T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay <br />salaries and other related administrative or personnel costs, no persons who exercise or have exercised <br />any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a <br />position to participate in a decision-making process or gain inside information with regard to such <br />activities, may obtain a financial interest or benefit from a CDBG -assisted activity of SUBRECIPIENT, <br />either for themselves or those with whom they have family or business ties, during their tenure or for one <br />year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or <br />elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. <br /> <br /> U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the <br />Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work <br />EXHIBIT 1