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SUBRECIPIENT also agrees to comply with all applicable federal, state and local laws <br />and regulations governing the funds provided under this AGREEMENT. <br />B. Independent Contractor <br />Nothing contained in this AGREEMENT is intended to, or shall be construed <br />in any manner, as creating or establishing the relationship of employer/employee between <br />the parties. SUBRECIPIENT and its subcontractors shall at all times remain independent <br />contractors with respect to the services to be performed under this AGREEMENT. CITY <br />shall be exempt from payment of any Unemployment Compensation, FICA, retirement, <br />life and/or medical insurance and Workers' Compensation Insurance as SUBRECIPIENT <br />is an independent contractor. <br />C. Hold Harmless <br />SUBRECIPIENT shall hold harmless, defend with counsel approved in <br />writing by CITY and indemnify CITY, its officials, officers, employees, and agents from <br />any and all claims, actions, suits, charges and judgments whatsoever including but not <br />limited to personal injury or property damage that arise out of SUBRECIPIENT's and/or its <br />subcontractor's use of funds, performance or nonperformance of the project and/or scope <br />of work called for in this AGREEMENT. <br />D. Assignability <br />SUBRECIPIENT shall not assign or transfer any interest in this <br />AGREEMENT without the prior written consent of CITY. <br />E. Subcontracts <br />1. SUBRECIPIENT shall submit all subcontract agreements to CITY for <br />review and consent prior to entering into such subcontracts. <br />2. SUBRECIPIENT shall assume responsibility for all subcontracted <br />services to assure AGREEMENT compliance. <br />3. SUBRECIPIENT shall cause this AGREEMENT, in its entirety, to be <br />included in and made a part of any subcontract executed in the performance of this <br />AGREEMENT. <br />4. SUBRECIPIENT shall monitor all subcontracted services on a <br />monthly basis to assure AGREEMENT compliance. Results of said monitoring efforts <br />shall be summarized in written form, and supported with documented evidence of follow- <br />up action(s) to correct any area(s) of AGREEMENT non-compliance. Documentation <br />Page 9 of 28 <br />