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OCT, 26, 2009 1 ; 11 PM STANLEY ACCESS TECH N0, 005 P. 4
<br />injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
<br />Property rights arises by reason of the terms of, or effects arising from this Agreement, City may
<br />make all reasonable decisions with respect to its representation in any legal proceeding,
<br />7. CCONSULTAOBLIGATIONS
<br />A. No Conflict, To the best of Consultant's knowledge, Consultant's execution, delivery
<br />and performance of its obligations under this Agreement will not constitute a default or a breach
<br />under any contract, agreement or order to which Consultant is a party or by which it is bound,
<br />B. No Banl"ptcy, Consultant is not the subject of any current or threatened bankruptcy
<br />proceeding.
<br />C, No Pending Legal Proceedings/Debarment. Consultant is not the subject of a
<br />current or threatened litigation that would or may materially affect Consultant's performance
<br />under this Agreement, Consultant further acknowledges that it is not on the list of debarred
<br />contractors,
<br />D. No Pending Investigation. Consultant is not aware that it is the subject of any
<br />current or threatened criminal or civil action investigation by any public agency, including
<br />without limitation a police agency or prosecuting authority, that would relate to affect
<br />performance of the Agreement or provision of services hereunder.
<br />E. Licensing, Consultant agrees to obtain and maintain all required licenses, registrations,
<br />accreditation and inspections from all agencies governing its operations. Consultant shall ensure
<br />that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
<br />inspections from all agencies governing Consultant's operations hereunder.
<br />F. Audit Report Requirements, Consultant agrees that if Consultant receives Three
<br />Hundred Thousand Dollars ($300,000,00) or more in federal funds, Consultant shall have an annual
<br />audit conducted by a certified public accountant in accordance with the standards as set forth and
<br />published by the United States Office of Management and Budget, Consultant shall provide City
<br />with a copy of said audit by October 1 of the year following the program year in which this
<br />Agreement is executed, if applicable,
<br />G. Record Keeping/Reporting, Consultant shall keep and maintain complete and
<br />adequate records and reports to assist City in meeting and maintaining its record keeping
<br />responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570,000, et seq.
<br />H. Access to Records. City and the United State Government and/or their representatives
<br />shall have access for purposes of monitoring, auditing, and examining Consultant's activities and
<br />performance, to books, documents and papers, and the right to examine records of Consultant's
<br />subcontractors, bookkeepers and accountants, employees and participants in regard to said program,
<br />City and the United States 0overnment and/or their representatives shall also schedule on -site
<br />monitoring at their discretion. Monitoring activities may also include, but are not limited to,
<br />questioning employees and participants in said program and entering any premises or any site in
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