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<br />CDBG Agreement with CALICO FY16-17
<br />5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the
<br />manner, mode or means by which Subrecipient, its agents or employees, perform the services required herein, except
<br />as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of
<br />Subrecipient's employees, servants, representatives or agents, or in fixing their number, compensation or hours of
<br />service. Subrecipient shall perform all services required herein as an independent contractor of City and shall remain
<br />at all times as to City a wholly independent contractor with only such obligations as are consistent with the role.
<br />Subrecipient shall not at any time or in any manner represent that it or any of its agents or employees are agents or
<br />employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Subrecipient
<br />in its business or otherwise of a joint venture or a member of any joint enterprise with Subrecipient.
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<br />5.5 Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
<br />respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any
<br />financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services
<br />required under this Agreement. The Subrecipient further covenants that in the performance of this Agreement no
<br />persons having such a financial interest shall be employed or retained by the Subrecipient hereunder. These conflict
<br />of interest provisions apply to any person who is an employee, agent, Subrecipient, officer, or elected official or
<br />appointed official of the City of San Leandro, or of any designated public agencies or subrecipients which are receiving
<br />funds under the CDBG Entitlement program.
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<br />5.6 Lobbying. The Subrecipient hereby certifies that:
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<br />a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
<br />person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
<br />officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
<br />Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
<br />agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
<br />or co-operative agreement;
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<br />b. If any funds other than Federal appropriated funds have been paid or will be paid to any person
<br />for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
<br />employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan,
<br />or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
<br />accordance with its instructions;
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<br />c. It will require that the language of paragraph (d) of this certification be included in the award
<br />documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and
<br />cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and
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<br />d. Lobbying Certification - Paragraph d
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<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 into this
<br />transaction imposed by section 1353, title 31, U.S. Code. Any person who fails to file the required certification shall
<br />be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
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<br />6.0 INSURANCE REQUIREMENTS
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<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 property
<br />that may arise from or in connection with the performance of the work hereunder by the Subrecipient and its agents,
<br />representatives, employees, and subcontractors. Subrecipient shall provide proof satisfactory to City of such
<br />insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the
<br />City. Subrecipient shall maintain the insurance policies required by this section throughout the term of this Agreement.
<br />The cost of such insurance shall be included in the Subrecipient's bid. Subrecipient shall not allow any subcontractor
<br />to commence work on any subcontract until Subrecipient has obtained all insurance required herein for the
<br />subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and
<br />made part of this Agreement prior to execution.
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