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transfer shall na|eeeo the Subreoipient or any surety of Subreoipient of any liability hereunder without the express
<br />consent of City.
<br />5.4 Independent Contractor. Neither the City nor any ofits employees shall have any control over the
<br />manner, mode ormeans bvwhich Subreo ient.haagenb;oremp|oyeeo.pedbnnthesenvicesrequinsdhenein'exoupd
<br />as otherwise met forth herein. City shall have no voice in the oe|ection, dincharge, supervision or control of
<br />Subnecipienysmmp|oyeem. servanto, 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 remain
<br />at all times as to Qty a 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 or employees are agents or
<br />employees ofCity. City shall not in any way or for any purpose become or be deemed to be a partner of Subrecipient
<br />in its business or otherwise of joint venture ora member ofany joint enterprise with Subnenipient.
<br />5.5 Conflict of Interest. The Sub/uopkant agrees to abide by the provisions of 24 CFR 570]511 with
<br />respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any
<br />financial intereat, direct or indinaot, which would conflict in any manner or degree with the performance of services
<br />required under this Agreement. The Subrecipient further covenants that in the performance ofthis Agreement no
<br />persons having such a financial interest shall be employed or retained by the Subrecipient hereunder. These conflict
<br />of interest provisions apply to any person who is an employee, agent. Subneoipient, officor, or elected official or
<br />appointed official nfthe City ofSan Leandro, nrofany designated public agencies oraubnaoipienh;which are receiving
<br />funds under the COBGEntitlement program.
<br />5.6 Lobbying. The Subrecipient hereby certifies that:
<br />a. No Federal appropriated funds have been paid or will be oaid, 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 Congneoo, an
<br />officer or employee of ConQress, or an employee of 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 ofany cooperative
<br />agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
<br />orco-operative agreement;
<br />b. If any funds other than Federal appropriated funds have been paid or will be paid to any person
<br />for influencing or attempting to influence an officer or employee of any agency, a Member of ConQress, an officer or
<br />employee of Congress, or an employee of Member ofCongress in connection with this Federal contractor, grant,
<br />|oan, or cooperative agnaument, it will complete and submit Standard Form -LLL, "Disclosure Form to Report
<br />Lobbying," in accordance with its instructions;
<br />C. It will require that the language of paragraph (d) of this certification be included in the award
<br />documents for all sub awards at all tiers (including oubconbacts, nub gnantm, and contracts under grants, |oans, and
<br />cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and
<br />LobbyingCorUfioadon-Paragnaphd
<br />This certification is a material representation of fact upon which na|ionma was placed when this
<br />transaction was made urentered into. Submission of this certification is a prerequisite for making or entering into this
<br />transaction imposed bysection 1353.title 31.U.S.Code. Any person who fails hmfile the required certification shall
<br />be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
<br />6.1 Insurance. Before beginning any work under this Agreement,Subrecipient, at its own cost and
<br />expense, unless otherwise specified be|ow, shall procure the types and amounts ofinsurance |iebad below against
<br />claims for injuries bopemonaordamagestopropehythatmayarisefromorinoonnectinnvviththeperfomnanmsofthe
<br />work hereunder by the Subrecipient and its agents, representatives, employees, and subcontractors. Consistent with
<br />the following provisions. Subneoipient shall provide proof satisfactory to City of such insurance that meets the
<br />requirements of this section and under forms of insurance satisfactory in all neopedo, and that such insurance is in
<br />effect prior ho beginning work to the City. Subrocipientohu|| maintain the insurance policies required by this section
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<br />oo*oAgreement with EDEN COUNCIL FOR HOPE AND OPPORTUNITY (ECHO HOUSING) -pvno10-2o10
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