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8E Consent 2009 1207
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8E Consent 2009 1207
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12/3/2009 12:15:21 PM
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12/3/2009 12:15:18 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/7/2009
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_CC Agenda 2009 1207
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Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1207
Reso 2009-158
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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A. Contractor certifies that it will carry out each activity in compliance with all Federal <br />laws and regulations described in 24 CFR, Part 570, Sub-part K (570.600-570-612) <br />and relates to a) Equal Employment Opportunity Practices Provisions, b) Fair <br />Housing, c) Labor Standards, d) Environmental Standards, 3) National Flood <br />Insurance Program, f) Relocation and Acquisition, g) Employment and Contracting <br />Opportunities, h) Lead-based paint, i) Use of Debarred, Suspended or Ineligible <br />Contractors or Sub-recipients, j) Uniform Administrative Requirements and Cost <br />Principals, k) Conflict of Interest, and 1) Displacement. These requirements are more <br />fully outlined in Exhibit H and incorporated herein by reference. <br />B. General Administration. CONTRACTOR shall provide project management and <br />general administrative services to support the Program. Such administrative support <br />includes, but is not limited to, the following: data collection and analysis, preparation <br />and submission of monthly and close-out reports, budget preparation and submission <br />of demands for reimbursement, and any other function that ensures compliance with <br />this Agreement and applicable federal regulations as expressed herein. <br />C. Nothing contained in this Agreement is intended to, and does not, create or establish <br />the relationship of employer/employee, agent/servant, partnership, joint venture or <br />association between the parties. CONTRACTOR is at all times an independent <br />contractor with respect to the services performed under this Agreement. The County <br />is exempt from payment of all Unemployment Compensation, FICA, retirement, life <br />and/or medical insurance and Workers' Compensation Insurance as CONTRACTOR <br />is an independent contractor. <br />D. The County is acting only as a lender in this Project and is in no way acting as a <br />principal in the matter of the acquisition or renovation of any Subject Property. The <br />County is not responsible for any work performed in connection with renovation. <br />Any inspections conducted by the County are ~ for its own benefit as a lender or <br />mortgagee, and are not for the benefit of CONTRACTOR or any subsequent owner of <br />the Subject Property. The County is not responsible for obtaining waivers of <br />construction liens. <br />XVI AMENDMENTS <br />A. County and Contractor may amend this Agreement at any time provided that such <br />amendments make specific reference to this Agreement, are executed in writing, <br />signed by a duly authorized representative of both organizations, and (except as <br />expressly provided below) approved by the County Board of Supervisors. Any such <br />amendments shall not and do not invalidate this Agreement, nor relieve or release the <br />County or Contractor from their obligations under this Agreement. <br />B. Should federal or State regulations, laws, policies or funding amounts touching upon <br />the subject of this Agreement be adopted or revised during the term hereof, this <br />Agreement will be deemed amended to assure conformance with such federal and <br />State requirements. Notwithstanding the foregoing, if such amendments result in a <br />change in the funding, the scope of services, or schedule of the activities to be <br />14 of 55 <br />
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