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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.
<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.
<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 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;
<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;
<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
<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 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.
<br /> 6.0 INSURANCE REQUIREMENTS
<br /> 6.1 Insurance. Before beginning any work under this Agreement, Subrecipient, at its own cost and
<br /> expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against
<br /> claims for injuries to persons or damages to property that may arise from or in connection with the performance of the
<br /> work hereunder by the Subrecipient and its agents, representatives, employees, and subcontractors. Consistent with
<br /> the following provisions, Subrecipient shall provide proof satisfactory to City of such insurance that meets the
<br /> requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in
<br /> effect prior to beginning work 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 obtained
<br /> all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.
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<br /> CDBG Agreement with Spectrum Community Services FY16-17
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