18, The Agency shall conduct all environmental reviews, including but not limited to environmental
<br />assessments, environmental Impact statements or other required environmental studies, pursuant
<br />to 24 CFR 58 et seq., in a timely manner. Agency shall also apply with all applicable environmental
<br />laws, Including but not limited to all laws governing environmental Impacts, environmental policy,
<br />sedimentation, erosion control wetlands, water quality, storm water quality, fioodplain
<br />management, air pollution, resource conservation and recovery, hazardous or toxic materials of any
<br />kind or any other environmental or nuisance ordinance, statute or rule listed In 24 CFR 58.5 and
<br />58.6. Environmental reviews requiring public comment shall be presented to the City for Inspection
<br />no less than 15 days prior to advertising, as required by 24 CFR 58.56. In the event that the City,
<br />the U.S. Department of Housing and Urban Development, U.S. Environmental Protection Agency,
<br />N.C. Dept. of Environment and Natural Resources, U.S. Army Corps of Engineers or any other
<br />governmental body having jurisdiction finds that any environmental review was not properly
<br />conducted or Is In any way Inadequate, the Agency shall fully indemnify and save harmless the City,
<br />Its agents, officers, and employees, to the maximum extent allowed by law, from and against all
<br />charges that arise in any manner from, In connection with, or out of this contract as a result of the
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<br />F_7 Page 129
<br />other such services, other than actual solicitations, provided these services are eligible as a program
<br />cost.
<br />12.
<br />The Agency shall reimburse the City for any amount of HOME funds determined by HUD to have
<br />been improperly expended, and the City shall retain the right to recover any questioned costs or
<br />overpayments from the Agency.
<br />13.
<br />Upon termination, the Agency shall remit any unexpended balance of advanced payments on
<br />account of the Grant as well as such other portions of such payments previously received as
<br />determined by the City to be due and the action of the City In accepting any such amount shall not
<br />constitute a waiver of any claim which the City may otherwise have.
<br />14,
<br />The Agency shall allow the City to carry out monitoring and evaluation activities as determined
<br />necessary by the City and HUD.
<br />15.
<br />In the event of termination, all property and finished or unfinished documents, data, studies, and
<br />reports purchased or prepared by the Agency under this Agreement shall, at the option of the City,
<br />become the property of the City.
<br />16.
<br />The Agency Is required to have fifty percent (50 9 1 6) of its funds obligated by March 1.2011 and one
<br />hundred percent (100%) by October 1, 2011 If funds are not obligated by these dates, the
<br />Consortium may recapture the unobligated funds.
<br />Funds must be 100% drawn down by July 1, 2012 if all funds are not drawn by this date, the
<br />balance will be recaptured by the Consortium and reallocated. All member governments and
<br />Community Housing Development organizations (CHDOs) will have the opportunity to apply for
<br />recaptured funds via a competitive application process. Applicants that can expend the money In
<br />the shortest amount of time will rank highest.
<br />In the event the draw down deadline is not met due to an extenuating circumstance, the deadline
<br />may be extended upon approval by the full consortium.
<br />17.
<br />The Agency shall comply with all labor standards, nondiscrimination and equal opportunity
<br />responsibilities outlined in Title 24,
<br />18, The Agency shall conduct all environmental reviews, including but not limited to environmental
<br />assessments, environmental Impact statements or other required environmental studies, pursuant
<br />to 24 CFR 58 et seq., in a timely manner. Agency shall also apply with all applicable environmental
<br />laws, Including but not limited to all laws governing environmental Impacts, environmental policy,
<br />sedimentation, erosion control wetlands, water quality, storm water quality, fioodplain
<br />management, air pollution, resource conservation and recovery, hazardous or toxic materials of any
<br />kind or any other environmental or nuisance ordinance, statute or rule listed In 24 CFR 58.5 and
<br />58.6. Environmental reviews requiring public comment shall be presented to the City for Inspection
<br />no less than 15 days prior to advertising, as required by 24 CFR 58.56. In the event that the City,
<br />the U.S. Department of Housing and Urban Development, U.S. Environmental Protection Agency,
<br />N.C. Dept. of Environment and Natural Resources, U.S. Army Corps of Engineers or any other
<br />governmental body having jurisdiction finds that any environmental review was not properly
<br />conducted or Is In any way Inadequate, the Agency shall fully indemnify and save harmless the City,
<br />Its agents, officers, and employees, to the maximum extent allowed by law, from and against all
<br />charges that arise in any manner from, In connection with, or out of this contract as a result of the
<br />Attachment number 2
<br />F_7 Page 129
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