Housing HUD Document

HOUSING HUD DOCUMENT

This Housing HUD Document (the "Agreement") is entered into as of Effective Date:

Client Name:   Client Address:

Provider Name:   Provider Address:

WHEREAS

WHEREAS, Client administers or participates in housing programs subject to federal housing requirements, and requires certain services and deliverables for the Project specified herein; and

WHEREAS, Provider represents that it possesses the experience, qualifications and capacity to perform the services described in this Agreement in accordance with applicable housing program requirements and standards; and

WHEREAS, the parties desire to set forth their respective rights and obligations in connection with the Project identified as Project Name: located at Project Address:

SCOPE OF WORK

Provider shall perform the work described below in a professional manner consistent with industry standards and any applicable housing program requirements. Provider shall be responsible for procuring labor, materials and any required permits unless otherwise specified.

PAYMENT TERMS

Contract Sum: $   HUD Project/Contract Number:

Late Payment Fee: on overdue amounts. Provider shall submit invoices itemizing services and reimbursable expenses. Client shall pay undisputed amounts within days of receipt.

TERM AND TERMINATION

Term Commencement:   Anticipated Completion:

Either party may terminate this Agreement for convenience upon written notice to the other party delivered not fewer than days prior to the intended termination date. Notwithstanding the foregoing, either party may terminate immediately for cause upon written notice in the event of material breach, insolvency or failure to comply with applicable housing program requirements.

CONFIDENTIALITY

"Confidential Information" means nonpublic business, financial, technical and program records, tenant information, and other information designated in writing as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Provider shall:

(a) hold Confidential Information in strict confidence and not disclose it to third parties except as required to perform the Scope of Work or as required by law or authorized housing program oversight; (b) use Confidential Information solely to perform this Agreement; and (c) upon Client's request, return or securely destroy Confidential Information and certify such return or destruction in writing. Confidentiality obligations shall survive termination of this Agreement for a period of five (5) years, except for personally identifying tenant information for which retention and protection shall continue as required by applicable housing program rules.

COMPLIANCE, RECORDS AND AUDIT

Provider shall comply with all applicable housing program requirements, nondiscrimination laws and recordkeeping obligations. Provider shall maintain books, records and supporting documents relating to performance and expenditures under this Agreement and shall retain such records for years following final payment, or for a longer period if required by applicable program rules. Client and authorized oversight entities shall have the right to inspect records and conduct audits upon reasonable notice during regular business hours.

Certification: Provider certifies that neither it nor any principal has been debarred, suspended or otherwise excluded from participation in federally-funded programs to the best of its knowledge. I certify the foregoing

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. Venue for any action arising out of this Agreement shall be in a court of competent jurisdiction located in that state.

ENTIRE AGREEMENT

This Agreement, including any attachments or exhibits expressly incorporated by reference, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Notices: All notices required or permitted under this Agreement shall be in writing and delivered to the addresses listed above or to other addresses provided in writing by the parties.

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