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work performed since the previous invoice was submitted. The invoice is <br /> due on a quarterly basis. 1 0 <br /> 8.3 Expenditures of match funds must be identified on the invoice voucher <br /> form provided by the City. <br /> 8.4 The final invoice covering costs incurred for work performed on or <br /> before September 30, 2008 must be submitted by the Contractor prior to <br /> October 15, 2008, to allow the City sufficient time for processing and <br /> submission to the Office of Community Development ("OCD"). Payment of <br /> the final invoice shall be contingent upon the City's and the OCD's receipt <br /> and approval of a final progress report. <br /> 8.5 The City may withhold reimbursement payment if the Contractor does <br /> not submit required reports to the City. Upon the Contractor's submittal of <br /> required reports, the City shall make payment to the Contractor as provided <br /> in this Agreement. Failure of the Contractor to submit reports as specified is <br /> grounds for the City to terminate this Agreement. <br /> 9. Recapture Provisions. In the event that the Contractor does not expend funds <br /> under this Agreement in accordance with the provisions of this Agreement, the <br /> City reserves the right to recapture funds in an amount equivalent to the extent <br /> of noncompliance. Such right of recapture shall exist for a period not to <br /> exceed six years after the relevant one-year term of this Agreement. <br /> 10. Documentation and Monitoring. Contractor shall follow accounting procedures <br /> and shall maintain books, records, documents and other evidence which <br /> sufficiently and properly reflect all direct, indirect and match costs of any <br /> nature expended in the performance of this Agreement. The Contractor will <br /> retain all books, records, documents and other materials relevant to the <br /> provision of services under this Agreement for six years from the date of final <br /> payment. A representative of the United States Department of Justice, the <br /> Office of the Washington State Auditor, and/or the City, or any person(s) duly <br /> authorized by any of them shall have full access to and the right to inspect, <br /> excerpt, audit or examine any of these materials at all reasonable times for a <br /> period of six years. <br /> If any litigation, claim, or audit is started before the expirations of the six (6) <br /> year period, the records shall be retained until all litigation, claims, or audit <br /> findings involving the records have been resolved. <br /> 11. Assurances. Contractor agrees that all activity pursuant to this Agreement <br /> shall be in accordance with all applicable federal, state, and local laws, rules, <br /> and regulations as they currently exist or as amended. <br /> 12. Hold Harmless and Indemnification. <br /> 12.1 The Contractor shall hold harmless, indemnify, and defend, at its own <br /> expense, the City, its elected and appointed officials, officers, employees <br /> and agents from any loss or claim for damages of any nature whatsoever, <br /> arising out of the Contractor's performance or failure to perform under this <br /> Agreement, including but not limited to claims by the Contractor's <br /> employees or third parties, except for those damages solely caused by the <br /> negligence or willful misconduct of the City, its elected and appointed <br /> officials, officers, employees or agents. <br /> AGREEMENT RE STOP GRANT 4 3 Page 6 <br />