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VII. MISCELLANEOUS PROVISIONS <br /> A. Insurance <br /> 1. The County recognizes the Agency is self-insured. Prior to the execution <br /> of this Agreement, the Contractor shall provide to the County a signed and <br /> dated letter of self-insurance. <br /> 2. This HOME Agreement is subject to the requirements of the Flood <br /> Disaster Protection Act of 1973 (Pub. L. No. 93-234). No portion of the <br /> assistance provided under this Agreement is approved for acquisition or <br /> construction purposes, as defined under Section 3(a) of said act, for use in <br /> an area identified by the Secretary as having special flood hazards which <br /> is located in a community not then in compliance with the requirements for <br /> participation in the National Flood Insurance Program pursuant to Section <br /> 201(d) of said act; and the use of any assistance provided under this <br /> Agreement for such acquisition or construction in such identified areas in <br /> communities then participating in the National Flood Insurance Program <br /> shall be subject to the mandatory purchase of flood insurance in <br /> accordance with the requirements of Section 102(a) of said act. The <br /> Agency shall ensure that flood insurance coverage for affected property is <br /> maintained for the mandatory period. <br /> B. Relationship of the Parties <br /> The parties intend that an independent contractor/county relationship will be <br /> created by this Agreement. Except to the extent specific Agency performance <br /> is required by this Agreement or by applicable provisions of law, the County is <br /> interested only in the results to be achieved and the implementation of <br /> services will lie solely with the Agency. No agent, officer, employee, servant <br /> or representative of the Agency shall be deemed to be an agent, officer, <br /> employee, servant or representative of the County for any purpose, and none <br /> of the Agency's employees shall be entitled to any benefits or rights enjoyed <br /> by employees of the County. The Agency will be solely and entirely <br /> responsible for its acts and for the acts of its agents, employees, servants, <br /> contractors and subcontractors during the performance of this Agreement. <br /> Neither party shall have the power to bind or obligate the other party except <br /> as set forth in this Agreement. No joint venture is being undertaken as a <br /> result of this Agreement and the parties are not general partners. Nothing <br /> herein shall be construed as reserving to the County the right to control the <br /> Agency's business. <br /> Exhibit A-2 <br /> HCS-16-42-1601-198(2) <br /> City of Everett <br /> Page 22 of 24 <br />