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restitution, judicial or equitable relief due to personal or property rights arises by reason of the <br />terms of, or effects arising from this Agreement. City may make all reasonable decisions with <br />respect to its representation in any legal proceeding. <br />7. CONSULTANT'S OBLIGATIONS <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 Bankruptcy. 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 current <br />or threatened litigation that would or may materially affect Consultant's performance under this <br />Agreement. Consultant further acknowledges that it is not on the list of debarred 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 without <br />limitation a police agency or prosecuting authority, that would relate to affect performance of the <br />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 that <br />its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections <br />from all agencies governing Consultant's operations hereunder. <br />F. Audit Report Requirements. Consultant agrees that if Consultant expends Seven <br />Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, Consultant shall have an <br />annual audit conducted by a certified public accountant in accordance with the standards as set forth <br />and 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 Agreement <br />is executed, if applicable. <br />G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate <br />records and reports to assist City in meeting and maintaining its record keeping responsibilities under <br />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 Government 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 which <br />any of the services or activities funded hereunder are conducted or in which any of the records of <br />4 <br />