R2006-63 AUTHORIZING FUNDING AGREEMENT

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3. Failure to comply with HUD program guidelines. The City shall notify NHDC before any such te�nination takes place and allow opportunity for review and correction of problems. If termination of the project is then determined to be necessary, repayment of the total amount of HOME funds expended on the proj ect shall be made to the City prior to the end of that current fiscal year. If problems are not corrected within the agreed time period, the City may determine that there has been a breach of this agreement and may take legal action. V. PROJECT PROCEEDS Upon completion of each project, NHDC shall report the amount of all project proceeds generated by activities carried out with HOME funds made available under this contract, and the use to which the HOME proceeds will be allocated. As set forth in 24 CFR 92.300(a)(2), the use of HOME proceeds by NHDC shall be only for HOME-eligible or other housing activities to assist low-income persons. Up to ten percent (10%) of the HOME proceeds may be used for CHDO operating and administrative expenses. HOME proceeds must be committed or expended within one year of the date they are generated (e.g., date of sale of a HOME-assisted rehabilitation or construction project), or the City of Decatur may, at its discretion, require that they be returned to the City for use in its HOME-funded activities. VI. TECHNICAL ASSISTANCE The City shall provide technical assistance to NHDC upon request, at no additional cost, to guide the organization in the proper administration of the HOME funds. VII. AFFIRMATNE ACTION A. Affirmative Marketing As specified in 24 CFR 92.351, NHDC will develop and adhere to an Affirmative Marketing plan for its projects. This will consist of actions to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. The Affirmative Marketing plan shall be submitted to the City prior to the payout of any reimbursement requests under this Agreement. B. W/MBE NHDC will use its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in the contract, the term "minority and female business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian Americans, and American Indians. NHDC may rely on written representations by the contractors regarding their status as minority and female business enterprises in lieu of an independent investigation. 5