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4.2 Contract Officer. Contract Officer shall be the City's CDBG Manager or <br />such person as may be designated by the City Manager. It shall be the Subrecipient's <br />responsibility to assure that the Contract Officer is kept informed of the progress of the <br />performance of the services and the Subrecipient shall refer any decisions that must be <br />made by City to the Contract Officer. Unless otherwise specified herein, any approval <br />of City required hereunder shall mean the approval of the Contract Officer. The <br />Contract Officer shall have authority to sign all documents on behalf of the City required <br />hereunder to carry out the terms of this contract. <br />4.3 Prohibition Against Subcontracting or Assignment. Neither this <br />contract nor any interest herein may be transferred, assigned, conveyed, hypothecated <br />or encumbered voluntarily or by operation of law, whether for the benefit of creditors or <br />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 <br />than twenty-five percent (25°1°) of the present ownership and/or control of Subrecipient, <br />taking all transfers into account on a cumulative basis. In the event of any such <br />unapproved transfer, including any bankruptcy proceeding, this contract shall be void. <br />No approved transfer shall release the Subrecipient or any surety of Subrecipient of any <br />liability hereunder without the express consent of City. <br />4.4 Independent Contractor. Neither the City nor any of its employees shall <br />have any control over the manner, mode or means by which Subrecipient, its agents or <br />employees, perform the services required herein, except as otherwise set forth herein. <br />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, <br />compensation or hours of service. Subrecipient shall perform all services required <br />herein as an independent contractor of City and shall remain at all times as to City a <br />wholly independent contractor with only such obligations as are consistent with the role. <br />Subrecipient shall not at any time or in any manner represent that it or any of its agents <br />or employees are agents or employees of City. City shall not in any way or for any <br />purpose become or be deemed to be a partner of Subrecipient in its business or <br />otherwise of a joint venture or a member of any joint enterprise with Subrecipient. <br />4.5 Conflict of Interest. The Subrecipient agrees to abide by the provisions <br />of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently <br />has no financial interest and shall not acquire any financial interest, direct or indirect, <br />which would conflict in any manner or degree with the performance of services required <br />under this contract. The Subrecipient further covenants that in the performance of this <br />contract no persons having such a financial interest shall be employed or retained by <br />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 <br />of the City of San Leandro, or of any designated public agencies or subrecipients which <br />are receiving funds under the CDBG Entitlement program. <br />8 <br />