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If there are any indirect costs associated with this Agreement, total lobbying costs shall be <br /> separately identified in the indirect cost rate proposal, and thereafter treated as other <br /> unallowable activity costs. <br /> The sub recipient must include the language of this certificate in the award documents for <br /> any sub awards made pursuant to this award. All sub recipients are subject to <br /> certification and disclosure. <br /> This certification is a material representation of fact upon which reliance was placed to <br /> enter into this transaction and is a prerequisite for this transaction,pursuant to 31 U.S.C. <br /> 1352. Any person who fails to file the required certifications shall be subject to a civil <br /> penalty of not less than$10,000, and not more than$100,000, for each such failure. <br /> 9. CONFIDENTIALITY <br /> The sub recipient shall comply with applicable State and Federal statutes,Federal <br /> regulations and Department of Human Services administrative rules regarding <br /> confidential records or other information obtained by the city or the sub recipient <br /> concerning persons served under this Agreement. The records and information shall be <br /> protected by the sub recipient and the city from unauthorized disclosure. <br /> 10. LIABILITY <br /> The Department of Human Services and the City of Decatur assume no liability for the <br /> actions of the sub recipient under this Agreement, including,but not limited to, the <br /> negligent acts and omissions of sub recipient's agents, employees and subcontractors in <br /> the performance of the sub recipient's duties as described under this Agreement. The sub <br /> recipient agrees to hold harmless the Department of Human Services and the City of <br /> Decatur against any and all liability, loss, damage, cost or expenses, including attorney's <br /> fees, arising from the intentional torts, negligence or breach of contract of the sub <br /> r�ecipient, with the exception of acts performed in conformance with an explicit,written <br /> directive of the Department of Human Services and/or the City of Decatur. <br /> 11. M iNTEN N F,A A IB .ITY OF F. O <br /> A. The sub recipient shall maintain, for a minimum of 5 years from the later of the <br /> date of final payment under this Agreement or the expiration of this Agreement, <br /> adequate books,records, and supporting documents to comply with 89 Ill Adm <br /> Code 509. <br /> B. The sub recipient agrees to make books,records and supporting documentation <br /> relevant to this Agreement available to authorized Department of Human Services <br /> and/or the City of Decatur's representatives, auditors, (including The Illinois <br /> Auditor General) Federal authorities and any other person as my be authorized, by <br /> the Department of Human Services or by the State of Illinois or the City of <br /> Decatur or by Federal statute. The sub recipient will cooperate fully in any such <br /> audit. <br />