R2018-16 Authorizing CDBG Subrecipient Agreement FY 2017 - 2018 Project Read

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XXIII. INDEPENDENT CONTRACTOR: SUBRECIPIENT shall be and act as an independent contractor and not as a partner,joint venture, or agent of the CITY and shall not bind nor attempt to bind CITY to any contract. SUBRECIPIENT is an independent contractor and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, Worker's Compensations Insurance. SUBRECIPIENT agrees to defend, indemnify and hold the CITY harmless from any and all claims, damages, liability, attorney's fees and expenses on account of: (1) a failure or an alleged failure by SUBRECIPIENT to satisfy any such obligations or (2) any other action of inaction of SUBRECIPIENT. ADDITIONAL REGULATIONS:As a non-governmental entity, SUBRECIPIENT shall comply with the regulations, policies, guidelines, requirements and standards of federal OMB 2 CFR Chapter I, Chapter II, Part 200, et al, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements of Federal Awards; Final Rule" (Omni Circular, as specified in this paragraph): • Subpart B-"General"; • Subpart C- "Pre-Federal Award Requirements and contents of Federal Awards," except for§200.203 Notices of funding opportunities, 200.204 Federal awarding agency review of merit proposals, 200.205 Federal awarding agency review of risk posed by applicants, and merit of proposals, 200.207 Specific conditions, which are required only for competitive Federal awards, • Subpart D- "Post Federal Award Requirements Standards for Financial and Program Management." Except for: 1. Section 200.305 "Payment".The City shall follow the standards of paragraph 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT; 2. Section 200.3066, "Cost Sharing and Matching"; 3. Section 200.307, "Program Income." In lieu of paragraph 200.307, SUBRECIPIENT shall follow CDBG program regulations at 570.504 regarding Program Income; 4. Section 200.308 "Revision of Budget and Program Plans"; 5. Section 200.311 "Real Property." In lieu of 200.311, CDBG SUBRECIPIENT shall follow CDBG program regulations at 570.505, Use of Real Property; 6. Section 84.34(g) "Equipment." In lieu of the disposition provisions of paragraph 94.34(g),the following applies: L In all cases in which equipment is sold,the proceeds shall be program income (prorated to reflect the extent to which CDBG funds were used to acquire the equipment); and ii. Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the CITY for the CDBG program or shall be retained after compensating the recipient; 16