R2010-135 AUTHORIZING AGREEMENT NEAR WESTSIDE RESTORATION AND PRESERVATION SOCIETY

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. . ` requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there , under; Environmental Protection Agency(EPA) regulations pursuant to 40 CFR Part 50, as amended; National Environmental Policy Act of 1969; HUD Environmental Review Procedures (24 CFR, Part 58). B. Flood Disaster Protection . NWRAPS agrees to comply with the requirements of the requirements of the Flood Disaster Protection Act of 1973 (P.L.-2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this contract, as it may apply to the provisions of this contract. C. Lead Based Paint NWRAPS agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 et se�c.) and 24 CFR part 35. Such regulations pertain to all units and common areas of the project. NWRAPS shall ensure that all subcontractors on the projects comply with these provisions. D. Historic Preservation NWRAPS agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, and the local historic district code as established in Chapter 31 of the Decatur City Code, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local . historic property list. IX. SPECIAL CONDITIONS A. General Compliance NWRAPS agrees to comply with all applicable federal, state and local laws, codes, ordinances, and regulations governing the funds provided under this contract. B. Independent Contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. NWRAPS shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers'compensation insurance as NWRAPS is an independent contractor. C. Hold Harmless NWRAPS shall hold harmless, defend and indemnify the City from any and all claim, actions, suits, charges and judgments whatsoever that arise out of NWRAPS performance or nonperformance of the services or subject matter called for in this Agreement. D. Worker's Compensation NWRAPS shall provide workers' compensation insurance for all employees involved in the performance of this contract. E. Insurance and Bonding NWRAPS shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage. NWRAPS shall comply with the bonding and insurance requirements of Attachment B of OMB Circular A-110, Bonding and Insurance. F. Grantor Recognition NWRAPS shall ensure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, NWRAPS will include a reference to the support provided herein in all publications made possible with funds made available under this contract.