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approval of applications for additional assistance, or any other approval or
<br />concurrence of HUD required under this agreement. However, HOME funds may
<br />be used to pay reasonable fees for bona fide technical, consultant, managerial or
<br />other such services, other than actual solicitations, provided these services are
<br />eligible as a program cost.
<br />12. The Agency shall reimburse the City for any amount of HOME funds determined
<br />by HUD to have been improperly expended, and the City shall retain the right to
<br />recover any questioned costs or overpayments from the Agency.
<br />13. Upon termination, the Agency shall remit any unexpended balance of advanced
<br />payments on account of the Grant as well as such other portions of such payments
<br />previously received as determined by the City to be due and the action of the City
<br />in accepting any such amount shall not constitute a waiver of any claim which the
<br />City may otherwise have.
<br />14. The Agency shall allow the City to carry out monitoring and evaluation activities as
<br />determined necessary by the City and HUD.
<br />15. In the event of termination, all property and finished or unfinished documents, data,
<br />studies, and reports purchased or prepared by the Agency under this Agreement
<br />shall, at the option of the City, become the property of the City.
<br />16. The Agency is required to have fifty percent (50%) of funds obligated by March
<br />1, 2010 and one hundred percent (100%) of funds obligated by October 1,
<br />2010. Funds must be 100% drawn down by July 1, 2011. ff funds are not
<br />obligated or drawn down by these dates, the Consortium may recapture the
<br />remaining funds.
<br />17. The Agency shall comply with all labor standards, nondiscrimination and equal
<br />opportunity responsibilities outlined in Title 24.
<br />18. The Agency shall conduct all environmental reviews, including but not limited to
<br />environmental assessments, environmental impact statements or other required
<br />environmental studies, pursuant to 24 CFR 58 et seq., in a timely manner. Agency
<br />shall also apply with all applicable environmental laws, including but not limited to
<br />ail laws governing environmental impacts, environmental policy, sedimentation,
<br />erosion control wetlands, water quality, storm water quality, floodplain
<br />management, air pollution, resource conservation and recovery, hazardous or toxic
<br />materials of any kind or any other environmental or nuisance ordinance, statute or
<br />rule listed in 24 CFR 58.5 and 58.6. Environmental reviews requiring public
<br />comment shall be presented to the City for inspection no less than 15 days prior to
<br />advertising, as required by 24 CFR 58.56. In the event that the City, the U.S.
<br />Department of Housing and Urban Development, U.S. Environmental Protection
<br />Agency, N.C. Dept. of Environment and Natural Resources, U.S. Army Corps of
<br />Engineers or any other governmental body having jurisdiction finds #hat any
<br />environmental review was not properly conducted or is in any way inadequate, the
<br />Agency shall fully indemnify and save harmless the City, its agents, officers, and
<br />employees, to the maximum extent allowed by law, from and against all charges
<br />that arise in any manner from, in connection with, or out of this contract as a result
<br />of the acts or omissions of the Agency, its contractor or subcontractors or anyone
<br />directly or indirectly employed by any of them or anyone for whose acts any of
<br />them may be liable in regard to the environmental reviews described above and in
<br />24 CFR 58.5 and 58.6. The Agency shall not be liable for damage or injury caused
<br />Attachmej~t number 2
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