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ATTACHMENT 18-C (5) <br />Revised 1/25/2021 <br />Page 5 of 14 <br />•All other applicable Federal, State and Local laws, regulations, and policies, governing <br />the funds provided under this Agreement. <br />B.CDBG National Objective <br />The Subrecipient certifies the activities carried out under this Agreement meet a CDBG <br />Program National Objective defined in 24 CFR 570.208. <br />C.Independent Contractor <br />Nothing contained in this Agreement is intended to, or will be construed in any manner, as <br />creating or establishing the relationship of employer/employee between the parties. The <br />Subrecipient will at all times remain an “independent contractor” with respect to the <br />services to be performed under this Agreement. The Local Government will be exempt <br />from payment of all Unemployment Compensation, FICA, retirement, life and/or medical <br />insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent <br />contractor. <br />D.Hold Harmless <br />The Subrecipient will hold harmless, defend and indemnify the Local Government from any <br />and all claims, actions, suits, charges and judgments whatsoever that arise out of the <br />Subrecipient’s performance or nonperformance of the services or subject matter called for <br />in this Agreement. <br />E.Workers’ Compensation <br />The Subrecipient will provide Workers’ Compensation Insurance Coverage for all of its <br />employees involved in the performance of this Agreement. <br />F.Insurance and Bonding <br />The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss <br />due to theft, fraud and/or undue physical damage, and as a minimum will purchase a <br />blanket fidelity bond covering all employees in an amount equal to cash advances from the <br />Local Government. <br />The Subrecipient shall furnish the Local Government with properly executed certificate of <br />insurance or a signed policy endorsement which shall clearly evidence all insurance required <br />in this section prior to commencement of services. The certificates will, at a minimum, list <br />limits of liability and coverage. The certificate will provide that the underlying insurance <br />contract will not be cancelled or allowed to expire except on thirty (30) days prior written <br />notice to the Local Government. Exhibit A includes the insurance requirements for the <br />Subrecipient <br />G.Funding Source Recognition <br />The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG <br />program, and the Local Government in providing services through this Agreement. All <br />activities, facilities and items utilized pursuant to this Agreement will be prominently <br />labeled as to funding source. In addition, the Subrecipient will include a reference to the <br />support provided herein in all publications made possible with funds made available under <br />this Agreement.