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The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year <br />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 <br />applicable provisions of the Lead-Based Paint Regulations as further detailed below. <br />VIII.EVALUATION AND MONITORING <br />IX. <br />A.Generally <br />The CITY will monitor the performance of the SUBRECIPIENT against goals and <br />performance standards as required herein. The SUBRECIPIENT shall provide the CITY all <br />necessary reporting information as required by the CITY in the administration and review of the <br />Program. Substandard performance as determined by the CITY will constitute noncompliance <br />with this AGREEMENT. If ac tion to correct such substandard performance is not taken by the <br />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 <br />representative, access to and the right to examine all records, books, papers, items, emails, and <br />documents, both physical and electronic, relating to the program. <br />The CITY shall have the right to audit and monitor any program income as a result of an <br />ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further <br />agrees to provide all files, records, and documents pertaining to related activities and clientele <br />demographic data. <br />LIABILITY <br />A.Generally <br />Each party to this AGREEMENT acknowledges that it will be liable for its own negligent <br />acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each <br />party further agrees to defend itself and themselves, and to pay any judgments and costs arising <br />out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or <br />transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be <br />fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result <br />in claims or suits against the CITY, and agrees to be liable for any damages proximately caused <br />by said acts or omissions. Nothing herein shall be constr ued as consent by a State or CITY <br />agency or subdivision to be sued by third parties in any matter arising out of any contract, and <br />nothing herein is intended to se rve as a waiver of sovereign immunity where sovereign immunity <br />applies. <br />B.CITY not Liable for Funds <br />The SUB RECIPIENT further acknowledges that the source of the ESG Funds is a federal <br />pass-through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay <br />the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. <br />Page 16 of23 <br />EXHIBIT 4