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13 Agreement
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13 Agreement
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Last modified
8/23/2012 8:36:29 AM
Creation date
4/27/2009 1:49:57 PM
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AGENDA
Item Number
13
AGENDA - Type
RESOLUTION
Description
13 Agreement
AGENDA - Date
4/27/2009
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SECTION 8. MONITORING <br />Department reserves the right to carry out tield inspections and desk reviews to ensllre <br />compliance with the requirements of this contract. After each nlonitoring visit or desk revieW, <br />Department shall provide Administrator with awritten report of the monitor's findings. If the <br />monitoring reports note deficiencies in Administrator's perforniance under the tenns of this <br />contract, the monitoring report shall include requirements for the timely correction of such <br />deficiencies by Administrator. Failure by Administrator to take the action specified in the <br />monitoring report may be cause for suspension, terniination or repayment of funds, as provided <br />in Sections 16, 17, and 18 of this contract. Administrator agrees to attend training, as required by <br />Department, including Implementation Training, l" Thiirsday Income Eligibility Training and <br />other HOME Program workshops. <br />SECTION 9. INDEPENDENT CONTRACTOR <br />It is expressly understood and agreed by the Parties hereto that Department is contracting with <br />Administrator as an independent contractor, and that Administrator, as such, agrees to hold <br />Department harmless and to the extent allowed by law indemnify Department from and against <br />any and all claims, demands, and causes of action of every kind and character which may be <br />asserted by any third party occurring or in any way incident to, arising out of, or in connection <br />with the services to be performed by Administrator under this contract. <br />SECTION 10. SUBCONTRACTS <br />A. Administrator shall only subcontract for performance of activities described in this <br />contract after Administrator has obtained the appropriate documentation verifying the <br />subcontractor's eligibility, as specified by Department, for each such proposed <br />subcontract. Administrator, in subcontracting for any activities described in this contract, <br />expressly understands that in entering into such subcontracts, Department is in no way <br />liable to Administrator's subcontractor(s). <br />B. In no event shall any provision of this section constitute adoption, ratification, or <br />acceptance of Administrator's or subcontractor's perfonnance hereunder. Department <br />maintains the right to insist upon Administrator's fiill compliance with the terms of this <br />contract, and by the act of approval under this section, Department does not waive any <br />right of action which may exist or which may subsequently accrue to Department under <br />this contract. <br />C. Administrator shall comply with all applicable federal, state, and local laws, regulations, <br />and ordinances for making procurements under this contract. Administrator shall ensure <br />compliance with the requirements of 24 C.F.R. §§84.40 - 84.48 (if Administrator is a <br />nonprofit organization) or 24 C.F.R. S85.36 (if Administrator is a government entity), in <br />the procurement of property and services. <br />D. Administrator shall include language in any subcontract that provides the Department and <br />HUD the authority to directly review, monitor, and/or audit the operational and financial <br />HOME Contract # 1001453 <br />Page 6 of 21 <br />~ rA to "--I <br />
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