2009-073-RES-TDHCA Home Program - Laserfiche WebLink

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SECTION 8. -MONITORING Department reserves the nLyht to carry out field inspections and desk reviews to ensure compliance with the requirements of this contract. After each monitoring visit or desk review, Department shall provide Administrator with a written report of the momtor's findings. If the monitoring reports note deficiencies in Administrator's performance under the tenns of this contract, the monitorin; report shall include requii-ements for the timely correchon of such deficiencies by Administrator. Failure by Administrator to take the action specified in the monitonncy report may be cause for suspension, termination or repayment of funds; as provided in Sections 16, 17, and 18 of this contract. Administrator agrees to attend training, as required by Department, including Contract Administration Training, 15T Thursday Income Eligibility Training, and other HOME Prob am workshops. SECTION 9. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the Parties hereto that Department is contractin~ with Administrator as an independent contractor, and that Administrator, as such, ab ees to hold Department harmless and to the extent allowed by law indemnify Department from and aQainst any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any ~~ay incident to, arising out of, or in connection with the services to be performed by Administrator under this contract. SECTION 10. SUBCONTRA.CTS A. Administrator shall only subcontract for performance of activities described in this contract after Administrator has obtained the appropriate documentation verifying the subcontractor's eligibility, as specified by Department, for each such proposed subcontract. Administrator, in subeontracting for any activities described in this contract, expressly understands that in entering into such subcontracts, Deparhnent is in no way liable to Administrator's subcontractor(s). B. In no event shall any provision of this section constitute adoption, ratification, or acceptance of Administrator's or subcontractor's performance hereunder. Department maintains the right to insist upon Administrator's full compliance with the terms of this contract, and by the act of approval under this section, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. C. Administrator shall cornply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this contract. Administrator shall ensure compliance with the requirernents of 24 C.F.R. §§84.40 - 84.48 (if Administrator is a nonprofit oraanization) or 24 C.F.R. §85.36 (if Administrator is a government entity), in the procurement of property and services. D. Administrator shall include language in any subcontract that provides the Department and HtJD the authonty to directly review, monitor, and/or audit the operational and financial ATTACHMENT ,A HOME Contract #100105 3 Paze 8 of 21