2009/10/14 Council Agenda Packet

Exhibit "B" General Terms and Conditions General Conditions A. General Compliance The Subgrantee agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that, unless otherwise provided by the City in writing, (1)the Subgrantee does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subgrantee does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subgrantee shall also comply with provisions of the Neighborhood Stabilization Program, Title III of Division B of the Housing and Economic Recovery Act of 2008 (HERA) as amended. The Subgrantee also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. The Subgrantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 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. The Subgrantee 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 the Subgrantee is an independent Contractor. C. Workers' Compensation The Subgrantee shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement provided for by the Workers Compensation Act of the State of Washington. D. Insurance & Bonding Public Liability and Property Damage: Unless a greater amount of insurance is required under the CTED Grant Agreement, the Subgrantee shall maintain during the life of this Agreement public liability and, property damage insurance covering the Subgrantee's services hereunder in the sum of not less than one million dollars ($1,000,000) combined single limits bodily injury/property damage. Insurance shall cover work done by the Subgrantee or subcontractors and shall protect, as additional insured, the City from suits or claims for damages arising from operations under this Agreement or actions of the Subgrantee, subcontractors, and employees either direct or indirect unless waived by the City's Planning Director or designee. Subgrantee shall provide the City with a certificate of 19