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<br />, <br /> <br />"'" <br /> <br />"wi <br /> <br />070102 <br /> <br />O. Independent Contractor. SUBRECIPIENT agrees that the performance of <br />obligations hereunder are rendered in its capacity as an independent contractor and that it is in no <br />way an agency of CITY. <br /> <br />P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if <br />SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior <br />Agreement whereby CDBG funds were received by SUBRECIPIENT,. Qr if SUBRECIPIENT <br />reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT <br />agrees to remedy the acts or omissions causing the disallowance or repay CITY all amounts spent in <br />violation thereof.. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify <br />expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse <br />the CITY of all such funds that were obtained/spent under fraudulent circumstances. <br /> <br />Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non- <br />expendable personal property acquired under the terms of this Agreement. Said record shall be <br />made available to CITY upon request. The term "non-expendable personal property" shall include <br />leased and purchased equipment. <br /> <br />R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use <br />funds provided through this Agreement to pay for entertainment, meals or gifts. <br /> <br />S. Lobbving. SUBRECIPIENT certifies that it will comply with federal law (31 <br />U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds <br />may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay <br />any person for influencing or attempting to influence an officer or employee of any agency, <br />Member of Congress, or an officer or employee of a Member of Congress in connection with <br />awarding of any federal contract, the making of any federal grant or loan, entering into any <br />cooperative agreement and the extension, renewal, amendment or modification of any federal <br />contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that <br />effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. <br />SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its <br />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 <br />any person for influencing or attempting to influence an officer or employee of any agency, a <br />Member of Congress, an officer or employee of Congress, or an employee of a Member of <br />Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the <br />undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance <br />with its instructions (see C-I). <br /> <br />T. Financial Interest. SUBRECIPIENT agrees that except for the use ofCDBG funds <br />to pay salaries and other related administrative or personnel costs, no persons who exercise or have <br />exercised any function with respect to CDBG activities assisted under the terms of this Agreement, <br />or who are in a position to participate in a decision-making process or gain inside information with <br /> <br />6 <br />