C. Hold Harmless
<br />The SUBRECIPIENT shall defend, ,indemnify and save harmless the CITY, its officers,
<br />agents, employees, representatives, volunteers, and student externs from and against any and
<br />all damages to property or injuries to or death of any person or persons, including property
<br />and employees or agents of the CITY, and shall defend, indemnify and save harmless the
<br />CITY, its officers, agents, employees, representatives, volunteers, and student externs from
<br />and against any and all claims, demands, suits, actions or proceedings of any kind or
<br />nature, including, but not by way of limitation, workers compensation claims and attorney
<br />feesfexpenses for litigation or settlement, resulting from or arising out of the negligent or
<br />wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees,
<br />agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this
<br />AGREEMENT.
<br />A. Generallv
<br />ESG nctivities are subj cot to environmental review by HUD under the environmental regulations
<br />in 24 CFR Part 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not
<br />acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a
<br />project under this part, or commit or expend HUD or local finds for eligible activities under this
<br />part, until HUD has performed an environmental review under 24 CFR Part 50 and the recipient
<br />has received HUD approval of the property.
<br />The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar
<br />as they apply to the performance of this AGREEMENT, including but not limited to the
<br />Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act.
<br />If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements
<br />of National Historic Preservation Act of 1966,
<br />B. Lead -based paint remediation and disolosuro
<br />The Lead -Based Paint Poisoning Prevention Act (42 U.S,C. 4821-4846), the Residential Lead -
<br />Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing
<br />regulations in 24 CFR Part 35, subparts A, B, H, J, K, M, and R. apply to all shelters assisted
<br />under ESG program and all housing occupied by program participants that were built before
<br />1978.
<br />C. Assignment of Responsibilities
<br />By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all
<br />responsibilities set forth in Subpart K of 24 CFR Part 35,
<br />D. Compliance with Subpart K
<br />The_purposo of Subpart K is to establish procedures to eliminate as far as practicable lead -based
<br />paint ("LBP") hazards in a residential property that receives Federal assistance under certain
<br />HUD programs for acquisition, leasing, support services, or operation. In connection with the
<br />grant finds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and
<br />show evidence of compliance with all applicable subparts of 24 CFR Part 35, and especially,
<br />Subpart K ("LBP Regs").
<br />14
<br />
|