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or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose
<br />become or be deemed to be a partner of Subrecipient in its business or otherwise of a joint venture or a
<br />member of any joint enterprise with Subrecipient.
<br />5.5 Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 570.611
<br />with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not
<br />acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the
<br />performance of services required under this contract. The Subrecipient further covenants that in the
<br />performance of this contract no persons having such a financial interest shall be employed or retained by the
<br />Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent,
<br />Subrecipient, officer, or elected official or appointed official of the City of San Leandro, or of any designated
<br />public agencies or subrecipients which are receiving funds under the CDBG Entitlement program.
<br />5.6 Lobbying. The Subrecipient hereby certifies that:
<br />a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
<br />any 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 />the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
<br />entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
<br />modification of any Federal contract, grant, loan, or co-operative agreement;
<br />b. 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 Congress,
<br />an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
<br />contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
<br />Form to Report Lobbying," in accordance with its instructions;
<br />c. It will require that the language of paragraph (d) of this certification be included in the
<br />award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants,
<br />loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and
<br />d. Lobbying Certification -Paragraph d
<br />This certification is a material representation of fact upon which reliance was placed when this
<br />transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
<br />into this transaction imposed by section 1353, title 31, U.S. Code. Any person who fails to file the required
<br />certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
<br />such failure.
<br />6.0 INSURANCE REQUIREMENTS
<br />6.1 Insurance. Before beginning any work under this Agreement, Subrecipient, at its own cost and
<br />expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to
<br />property that may arise from or in connection with the performance of the work hereunder by the Subrecipient
<br />and its agents, representatives, employees, and subcontractors. Subrecipient shall provide proof satisfactory
<br />to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory
<br />in all respects to the City. Subrecipient shall maintain the insurance policies required by this section
<br />throughout the term of this Agreement. The cost of such insurance shall be included in the Subrecipient's bid.
<br />Subrecipient shall not allow any subcontractor to commence work on any subcontract until Subrecipient has
<br />obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
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<br />CDBG Agreement with
<br />ECHO Fair Housing Services FY09-10
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