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<br /> •. , limited to: objectives, outcomes and indicators. Closeout documentation shall consist of: final payout requests,
<br /> , financial statements, income and expense statements, etc. The City reserves the right to withhold the final ten
<br /> percent(10%) of total reimbursement on this activity until all closeout documentation is received.
<br /> B. Termination of Project Funding
<br /> The City reserves the right to suspend or terminate payment of reimbursement requests for a project, or require
<br /> reimbursement of funds already paid, in whole or in part for cause. Cause shall include the following:
<br /> 1. Improper use of funds;
<br /> 2. Failure to comply with the terms and conditions of this Agreement;
<br /> 3. Failure to comply with HUD program guidelines.
<br /> 4. Failure to comply with the affordability requirements stated in all HOME agreements.
<br /> The City shall notify NWRAPS before any such termination takes place and allow opportunity for review and
<br /> correction of problems. If termination of the project is then determined to be necessary, repayment of the total
<br /> amount of HOME funds expended on the project shall be made to the City prior to the end of that current fiscal
<br /> year. If problems are not corrected within the agreed time period, the City may determine that there has been a
<br /> breach of this agreement and may take legal action. The City reserves the right to deny eligibility of funding for a
<br /> minimum of one year on any new proposed HOME or CDBG funded project.
<br /> V. PROJECT PROCEEDS
<br /> Upon completion of each CHDO project, NWRAPS shall report the amount of all project proceeds generated by
<br /> activities carried out with HOME funds made available under this contract, and the use to which the HOME
<br /> proceeds will be allocated. As set forth in 24 CFR 92.300(a)(2), the use of HOME proceeds by NWRAPS shall
<br /> be only for HOME-eligible or other housing activities to assist low-income persons. Up to ten percent(10%) of the
<br /> HOME proceeds may be used for CHDO operating and administrative expenses. HOME proceeds must be
<br /> committed or expended within one year of the date they are generated (e.g., date of sale of a HOME-assisted
<br /> rehabilitation or construction project), or the City of Decatur may, at its discretion, require that funds be returned to
<br /> the City for use in its HOME-funded activities. Program income shall be used by December 31, 2011 or before
<br /> funds are requested from the City of Decatur, as stated in 24 CFR 92.504(c)(2)(vi). NWRAPS shall present a
<br /> proposal for the use or program income funds and a proposed budget. A separate agreement will be required for
<br /> the use of the CHDO proceeds.
<br /> VI. TECHNICAL ASSISTANCE
<br /> The City shall provide technical assistance to NWRAPS upon request, at no additional cost, to guide the
<br /> organization in the proper administration of the HOME funds.
<br /> VII. AFFIRMATIVE ACTION
<br /> A. Affirmative Marketing
<br /> As specified in 24 CFR 92.351, NWRAPS will develop and adhere to an Affirmative Marketing plan for its projects.
<br /> This will consist of actions to provide information and otherwise attract eligible persons in the housing market area
<br /> to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. The
<br /> Affirmative Marketing plan shall be submitted to the City prior to the payout of any reimbursement requests under
<br /> this Agreement.
<br /> B. W/MBE
<br /> NWRAPS will use its best efforts to afford minority and women-owned business enterprises the maximum
<br /> practicable opportunity to participate in the performance of this contract. As used in the contract, the term
<br /> "minority and female business enterprise" means a business at least fifty-one percent(51%)owned and
<br /> controlled by minority group members or women. For the purpose of this definition, "minority group members" are
<br /> African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian Americans, and
<br /> American Indians. NWRAPS may rely on written representations by the contractors regarding their status as
<br /> minority and female business enterprises in lieu of an independent investigation.
<br /> VIII. ENVIRONMENTAL CONDITIONS
<br /> A. Air and Water
<br /> NWRAPS agrees to comply with the following regulations insofar as they apply to the performance of this
<br /> contract: Clean Air Act, U.S.C., 1857, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251,
<br /> et seq., as amended 1318 relating to inspection, monitoring, entry, reports, and information, as well as other
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