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or an organization which employees such a person or is about to employs such a person, has <br /> any financial or other interest in or may gain a tangible personal benefit from a firm <br /> considered for contract. Such officers, employees, or agents of the SUB-RECIPIENT may not <br /> solicit nor accept anything of monetary value from contractors or subcontractors, unless it is <br /> an unsolicited gift of nominal value which would in no way influence the recipient to engage <br /> in conduct which would amount to a conflict of interests. The written standards shall also <br /> include standards of conduct covering organizational conflicts of interest, in which the SUB- <br /> RECIPIENT may be unable or appears to be unable to be impartial in conducting procurement <br /> actions due to relationships between the SUB-RECIPIENT and relationships with a parents <br /> company, affiliate, or subsidiary organization. The written standards provided by the SUB- <br /> RECIPIENT will include disciplinary actions to be applied for violations of such standards. <br /> d. Copeland"Anti-kickback"Act.-Any Contractor paid in full or part with CDBG funds will comply <br /> with the Copeland Anti-Kickback Act(18 U.S.0 874)as supplemented in Department of Labor <br /> regulations(29 CFR part 3)that states whoever, by force, intimidation, or threat of procuring <br /> dismissal from employment, or by any other manner whatsoever induces any person <br /> employed in the construction,prosecution,completion or repair of any public building,public <br /> work, or building or work financed in whole or in part by loans or grants from the United <br /> States, to give up any part of the compensation to which he is entitled under his contract of <br /> employment, shall be fined under this title or imprisoned not more than five years, or both. <br /> Though CDBG funds shall not be used to pay for the construction, prosecution, completion or <br /> repair of buildings the SUBRECIPIENT affirms that by accepting CDBG funds, the SUB- <br /> RECIPIENT will comply with the Copeland "Anti-Kickback" Act. <br /> XXI. PROGRAM INCOME: Program income shall herein be defined as gross income received by <br /> the SUB-RECIPIENT directly derived or generated from the use of CDBG funds. Program <br /> income includes, but is not limited to: <br /> a. Fees for services performed, <br /> b. Use or rental of real personal property acquired under Federal awards, <br /> c. The sale of commodities or items fabricated under a Federal award, <br /> d. License fees and royalties on patents and copyrights, <br /> e. And principal and interest on loans made with Federal award money. <br /> SUB-RECIPIENT agrees that unless otherwise stated in this section,the SUBRECIPIENT <br /> shall follow the program income requirements as outlined in § 200.307 of the Omni <br /> Circular. <br /> SUB-RECIPIENT understands and agrees that all program income shall be the property <br /> of the CITY, which shall have the exclusive right to determine the use and disposition <br /> of said income except for fees for services which are used as part of the operating <br /> budget. However, such exempt fees must be small so as not to prevent participation <br /> of Low- and Middle-Income participants. SUB-RECIPIENT will remit all other said <br /> 14 <br />