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Agmt 2008 Eden Council for Hope and Opportunity ECHO Housing (2)
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Agmt 2008 Eden Council for Hope and Opportunity ECHO Housing (2)
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6/24/2008 10:14:02 AM
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6/24/2008 9:31:25 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2008
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_CC Agenda 2008 0616
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0616
Reso 2008-064
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2008
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5.0 COORDINATION OF WORK <br />5.1 Representative of Subrecipient. The Director is hereby designated as being the representative of <br />Subrecipient authorized to act in its behalf with respect to this contract and make all decisions in connection <br />therewith. <br />5.2 Contract Officer. Contract Officer shall be the City's CDBG Manager or such person as may be <br />designated by the City Manager. It shall be the Subrecipient's responsibility to assure that the Contract Officer is <br />kept informed of the progress of the performance of the services and the Subrecipient shall refer any decisions that <br />must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required <br />hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all <br />documents on behalf of the City required hereunder to carry out the terms of this contract. <br />5.3 Prohibition Against Subcontracting or Assignment. Neither this contract nor any interest herein <br />may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether <br />for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder <br />shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) <br />of the present ownership and/or control of Subrecipient, taking all transfers into account on a cumulative basis. In <br />the event of any such unapproved transfer, including any bankruptcy proceeding, this contract shall be void. No <br />approved transfer shall release the Subrecipient or any surety of Subrecipient of any liability hereunder without the <br />express consent of City. <br />5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the <br />manner, mode or means by which Subrecipient, its agents or employees, perform the services required herein, <br />except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of <br />Subrecipient's employees, servants, representatives or agents, or in fixing their number, compensation or hours of <br />service. Subrecipient shall perform all services required herein as an independent contractor of City and shall <br />remain at all times as to City a wholly independent contractor with only such obligations as are consistent with the <br />role. Subrecipient shall not at any time or in any manner represent that it or any of its agents or employees are <br />agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of <br />Subrecipient in its business or otherwise of a joint venture or a member of any joint enterprise with Subrecipient. <br />5.5 Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with <br />respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any <br />financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services <br />required under this contract. The Subrecipient further covenants that in the performance of this contract no persons <br />having such a financial interest shall be employed or retained by the Subrecipient hereunder. These conflict of <br />interest provisions apply to any person who is an employee, agent, Subrecipient, officer, or elected official or <br />appointed official of the City of San Leandro, or of any designated public agencies or subrecipients which are <br />receiving funds under the CDBG Entitlement program. <br />5.6 Lobbying. The Subrecipient hereby certifies that: <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 <br />cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal <br />contract, grant, loan, or co-operative agreement; <br />b. If any funds other than Federal appropriated funds have been paid or will be paid to any <br />person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an <br />-6- <br />ECHOAgreement for Landlord Tenant Counseling Services, FY 2008-09 <br />G:ICOMMUNITY DEVELOPMENTIHOUSING SERVICES D/VIS/OMCDBGISUBRECIPIENTSIECHOIFY08-091Tenant LandlordlFY08-09 ECHO CDBG Subrecipient <br />Agreement -Landlord Tenant Counseling.doc <br />
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