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