Agmt25 Samatarian House Safe Harbor Shelter

Browse Search

CDBG TEMPLATE CITY ATTORNEY APPROVED VERSION REV: 01-17-25 LF Page 7 of 18 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 City; or (ii) When not used in accordance with Subsection 14(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 period specified in Subsection 14(B)(i) has expired. 15. SUBRECIPIENT’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 respons ible for payment of subcontractors. Subrecipient will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to the work of Subrecipient’s subcontractor including but not limited to the indemnification obligations hereunder, and the insurance requirements 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 employees under this Agreement. Subrecipient will bear all losses, costs, damages, expense and liability of every kind, nature and description, including attorney’s fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly. The duty of Subrecipient to defend, indemnify and hold harmless, as set forth herein, will include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein will be construed to require Subrecipient to indemnify Indemnitees against any responsibility or liability in contravention of Section 2782 of the California Civil Code. This Paragraph 17 will survive the termination of this Agreement. Docusign Envelope ID: 070F84C8-F67F-41E1-9BB3-4C2C1EBDECF8