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materially fails to comply with any term in this Agreement and shall result In the termination of this <br />Agreement and the recapture of all HOME- funds disbursed to the Agency. <br />2. The Agency shall assume responsibility for managing the day -to -day operations of its HOME <br />program to assure compliance with program requirements outlined in 24 CFR Part 92 and for taking <br />appropriate action when performance problems arise. <br />3. The Agency shall take full responsibility for - ensuring that housing projects assisted with HOME <br />funds meet the affordability and resale requirements of 24 CFR 92.252 or 92,254 as applicable, and <br />shall repay its award of HOME funds in full to the City if the housing does not meet the affordability <br />requirements for the specified time period. <br />4. The Agency shall retain as program Income all repayment, Interest, and other return on the <br />Investment of HOME funds In a separate local account for use to fund additional eligible HOME <br />activities of the Agency's choosing and agrees to Invest all returns on HOME Investments in other <br />eligible activities before drawing down additional HOME funds from the City of Concord. <br />S. The Agency shall request disbursement of HOME funds only after local match funds have been <br />expended to complete each project. <br />6. The Agency shall submit a fully executed Project Completion Report to the City no later than 10 <br />days following occupancy of each completed housing unit, <br />7. The Agency shall require all owners of housing assisted with HOME funds to maintain the housing in <br />compliance with applicable Housing quality Standards and local housing code requirements for the <br />duration of the agreement. <br />8. The Agency shall, where applicable, review the activities of owners of rental housing assisted with <br />HOME funds to assure compliance with the requirements set out In 24 CFR Part 92 not less than <br />annually. Each review must Include an annual onsite Inspection to determine compliance with <br />housing codes and the HOME Program requirements. These Inspections shall be conducted for <br />each unit in a period during the project's period of affordability. <br />9. The City shall hold the Agency responsible for complying with the provisions of this agreement even <br />when the Agency designates a third party or parties to undertake any part of the program. The <br />Agency shall not pass on their administrative responsibility to Insure compliance with all applicable <br />regulations. All third parties must be bound In writing to the same provisions as required.in this <br />agreement. <br />10. None of the following or their immediate family members, during the tenure of the subject person <br />for one year thereafter, shall have any direct or Indirect financial Interest in any contract, <br />subcontract or the proceeds thereof for work to be performed In connection with the program <br />assisted under this agreement: Employees, agents, or officials of the Agency, including members of <br />the governing body, who exercise any function or responsibility with respect to the program. The <br />same prohibition shall be incorporated in all such contracts and subcontracts. <br />11. The assistance provided under this agreement shall not be used by the Agency to pay a third party <br />to lobby the United States government for funding approval, approval of applications for additional <br />assistance, or any other approval or concurrence of HUD required tinder this agreement. However, <br />HOME-funds may be used to pay reasonable fees for bona fide technical, consultant, managerial or <br />Attachment number 2 <br />F -7 Page 128 <br />