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<br />5.5 Conflict of Interest. Consultant agrees to abide by the provisions of 24 CFR 570.611 with respect to
<br />conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant further covenants that in the performance of this Agreement no persons having such a financial interest shall be employed or retained by Consultant hereunder. These conflict of interest provisions apply to any person who is an employee, agent, subrecipient, officer, or elected official or appointed official of City, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. Consultant may also serve other clients, but none whose activities within the corporate limits of City
<br />or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in
<br />the Political Reform Act codified at California Government Code Section 81000 et seq.
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<br /> Consultant shall not employ any City official in the work performed pursuant to this Agreement. No
<br />officer or employee of City shall have any financial interest in this Agreement that would violate California Government
<br />Code Section 1090 et seq.
<br /> Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of City. If Consultant was an employee, agent, appointee, or official of City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this
<br />Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code §1090
<br />et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed
<br />under this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse City for
<br />any sums paid to Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 and, if applicable, will be disqualified from holding public office in the State of California. 5.6 Lobbying. The Consultant hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any 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 for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award 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 transaction imposed by section 1353, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.” 5.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
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