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or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying <br />that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit D. <br />3. HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data <br />Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with <br />other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. <br />A copy of such agreement shall be attached as Exhibit F-1. <br />E. Audit Report Requirements <br />The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars <br />($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified <br />public accountant in accordance with the standards as set forth and published by the United States Office of <br />Management and Budget (2 CFR 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit <br />by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the <br />SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of the <br />Lead -Based Paint Regulations as further detailed below. <br />VIII. EVALUATION AND MONITORING <br />a. Generally <br />The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as <br />required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by <br />the CITY in the administration and review of the Program. Substandard performance as determined by the CITY <br />will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not <br />taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract <br />suspension or termination procedures will be initiated. <br />b. Access to Records <br />The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right <br />to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the <br />program. <br />c. Audit <br />The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon <br />request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and <br />documents pertaining to related activities and clientele demographic data. <br />IX. LIABILITY <br />A. Generally <br />Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent <br />omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend <br />itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and <br />nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the <br />14 <br />