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EXHIBIT 1 or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIEN't is using a comparable database shall be attached to this agreement as Exhibit E. 3. FIMIS Interagency Data Sharing Agreement. line SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the IIMIS Lead Agency where the SUBI ILCIPILNI' agrees to share IiMIS data with other ESG funded agencies regarding clients that are served in ESG funded prop�rams, unless prohibited by law - A copy of such agreement shall he attachecl as Exhibit F-L E. Audit Report Reoui emenu The SUBRECIPIENT agree; that it' the SUBRF,C'IPIF,NT cxpcmtl Seven Flundt-ed Fifty Thousand Dollars ($750,000.00) or more in lWe al funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public a cotuntant in accordance with the surncitrds as set forth and published by the United States Office of Management and Budget (2 CFR 200-501a). The SUBRECIPIENT shall provide the CI I Y with a copy of said audit by April I of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations as further detailed below. VI11. EVALUATION AND MONITORING a. Generallv The CITY will monitor the performance of the SUBRECIPIENT against goals and perfonuance standards as required herein. The SIJRRFCIPIENT shall provide the CITY all necessary reporting infortnation as required by the CITY in the administration and review of the Program. Substandard performance as deWriumed by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SIJBRFCIPIFNT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. b. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the tight to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program. c. Audit Trine CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUI31ZFC'IPIFNT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX LIARILITV A. Generally Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each patty further alnees to defend itself and thcnisclves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute of transfer any such liability from one to the other. In other words, the 14 City Council 14 — 40 5/4/2021 60A-38