|
- 8
<br />
<br />CDBG Agreement with Rebuilding Together Oakland | East Bay – FY2019-2020
<br />direct or indirect, which would conflict in any manner or degree with the performance of services required under this
<br />Agreement. Consultant further covenants that in the performance of this Agreement no persons having such a
<br />financial interest shall be employed or retained by Consultant hereunder. These conflict of interest provisions apply
<br />to any person who is an employee, agent, subrecipient, officer, or elected official or appointed official of City, or of any
<br />designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program.
<br />
<br /> 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.
<br />
<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 />
<br /> Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an
<br />employee, agent, appointee, or official of City. If Consultant was an employee, agent, appointee, or official of City in
<br />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
<br />prosecution for a violation of California Government Code Section 1090 and, if applicable, will be disqualified from
<br />holding public office in the State of California.
<br />
<br />5.6 Lobbying. The Consultant hereby certifies that:
<br />
<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 />
<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 />
<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 />
<br />d. Lobbying Certification (Paragraph d)
<br />
<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 />
<br />5.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview
<br />related to this Agreement, either orally or through any written materials.
<br />
<br />6.0 INSURANCE REQUIREMENTS
<br />
<br />6.1 Insurance. Before beginning any work under this Agreement, Consultant, at its own cost and
<br />173
|