Agmt22 St. Francis Center FY22-23 CDBG

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REV: 10-25-2022 SK in excess of $25,000 be either: (i) Used to meet one of the national objectives in 24 CFR Section 570.208 (formerly §570.901) until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the recipient; or (ii) When not used in accordance with Subsection 13(B)(i) above, Subrecipient will pay City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the five-year period specified in Subsection 13(B)(i) has expired. 15. CONTRACTOR’S STATUS. In the performance of the obligations set forth in this Agreement, Subrecipient will have the status of an independent contractor and will not be deemed to be an employee, agent or officer of City. 16. SUBCONTRACTING. Subrecipient will not subcontract any portion of the Project without prior written approval of City. If Subrecipient subcontracts any portion of the Project, Subrecipient will be fully responsible to City for the acts and omissions of Subrecipient’s subcontractor and of the persons either directly or indirectly employed by Subrecipient. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Subrecipient and City. Subrecipient will be responsible for payment of subcontractors. Subrecipient will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Subrecipient’s work unless specifically noted to the contrary in the subcontract and approved in writing by City. 17. HOLD HARMLESS. Subrecipient will defend, indemnify and hold harmless City, its Council, officers, boards, commissions, agents and employees (collectively, “Indemnitees”) against and from any and all claims, suits or actions of every name, kind and description (“Claims”), which may be brought against Indemnitees, or any of them, by reason of any injury to, or death of, any person (including corporations, partnerships, and associations) or damage suffered or sustained by any such person or property damage (including loss of use thereof) arising from, or alleged to have arisen from, any act or omission to act, negligent or otherwise, of Subrecipient, its officers, agents or ATTY/AGR.2022.377/St. Francis Center (Page 8 of 20)