Agmt13 County of San Mateo Dept of Housing - re-turf Fair Oaks Athletic Field

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Exhibit D Additional Program Requirements 1. BREACH OF AGREEMENT This Agreement is governed by applicable federal statutes and regulations, as referred to elsewhere herein. Any material deviation by Contractor for any reason from the requirements thereof, or from any other provision of this Agreement, will constitute a breach of this Agreement and may be cause for termination at the election of County or upon the direction of HUD. 2. AGREEMENT TERMINATION In the event Contractor is unable to fulfill its responsibilities under this Agreement for any reason whatsoever, including circumstances beyond its control, County may terminate this Agreement in whole or in part in the same manner as for breach hereof. 3. CONFLICT OF INTEREST No members, officers, or employees or agents of County, no member of the County's Board of Supervisors, and no other public official who exercises any function or responsibility with respect to this Program during his/her tenure, or for one year thereafter, shali have any financial interest, direct or indirect, in this Agreement or a related subcontract, or the proceeds thereof. During his/her tenure, and for one year thereafter, no member, officer, board member or employee or agent of Contractor who exercises any function or responsibility with respect to Contractor's performance hereunder, shall have any personal financial interest, direct or indirect, in any real property or improvements receiving a direct benefit from the Program. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. Contractor shall not contract with any third party or subcontractor that will cause a violation of the preceding paragraph. Contractor shall incorporate the above provision into all contracts awarded in connection with this Agreement. 4. LOBBYING PROHIBITED Federal funds will not be used by Contractor for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local government. Federal funds wili not be used by Contractor to lobby or 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 the award of any Federal contract. 5. INFLUENCING PROHIBITED A. No Federal appropriated funds have been paid or will be paid, by or on behalf of Contcactor to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; ATTY/AGR/2013.016/FAIR OAKS SCHOOL RE-TURFING PROJECT II REV:01-29-13 MLG Page 16 of 21