Laserfiche WebLink
General Provisions - 6 <br />operate the Project in accordance with the terms of this Agreement; or for such other and further <br />relief as may be appropriate, it being agreed by Subrecipient that the injury to the City arising <br />from a default under and of the terms of this Agreement would be irreparable and that it would <br />be extremely difficult to ascertain the amount of compensation to the City which would afford <br />adequate relief, in light of the purposes and policies of the 2060 Housing Trust Fund. As an <br />alternative, the City may, in its sole discretion, submit the matter to arbitration. <br />XII. Nonwaiver of Breach <br />The City's failure to insist upon strict performance of any of the terms of this Agreement, or to <br />exercise any rights or remedies herein, or its acceptance of any defective performance in any one <br />or more instances, shall not be construed to be a waiver or relinquishment of any rights, and shall <br />not prevent the City from pursuing that or any other right at any future time. <br />XIII. Governing Law/Venue <br />This Agreement has been and shall be construed as having been entered into and delivered within <br />the State of Washington, and it is mutually understood and agreed by each party hereto that this <br />2060 HTF Agreement shall be governed by the laws of the State of Washington, both as to <br />interpretation and performance, and by applicable Federal laws and regulations. Exclusive venue <br />for any lawsuit arising out of this Agreement shall be in the Superior Court for Snohomish County, <br />Washington. <br />XIV. Personnel <br />A. The parties intend that an independent contractor relationship will be created by this <br />Agreement. The City is interested only in the results to be achieved. The <br />implementation of the Project will lie solely with Subrecipient. No agent, employee, or <br />representative of Subrecipient shall be deemed to be an employee, agent, servant or <br />representative of the City for any purpose, and the employees of Subrecipient are not <br />entitled to any of the benefits the City provides for City employees. Subrecipient will be <br />solely and entirely responsible for its acts and for the acts of its agents, employees, <br />servants, subcontractors, during the performance of this Agreement. <br />B. Subrecipient shall provide all personnel required to perform the Project under this <br />Agreement. Such personnel shall not be employees of or have any contractual <br />relationship with the City. All personnel engaged in the work pursuant to this <br />Agreement shall be fully qualified and shall be authorized or permitted under state and <br />local law to perform such service. <br />C. Subrecipient shall be responsible for supervision of the Project. <br />D. The “Recipient Manager” for the Project will be assigned by the Subrecipient in <br />AmpliFund at the beginning of the Project Period. The Recipient Manager may be <br />changed by the Subrecipient, but only upon written notice to the City’s Community <br />Development Manager. The Recipient Manager shall be responsible for executing <br />request for fund reimbursements, known as “Pay Requests,” in AmpliFund. The <br />Subrecipient shall identify a Designated Official as the responsible person to bind the <br />agency to this agreement and sign on behalf of the Subrecipient. The Designated Official <br />must also be the person who submitted the application on behalf of the Subrecipient for <br />the award. The Designated Official has the authority and certifies that the information <br />contained this Agreement and any accompanying documents are true, that all financial <br />statements have been reviewed for accuracy, and that this Agreement is made with <br />proper authorization and knowledge of the Subrecipient. The Designated Official