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