BC 1991 10 07 - Laserfiche WebLink

Home Browse Search

328 personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered, The conflict of interest provision of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Recipient, or of any designated public agencies, or Subrecipients which are receiving funds under this part. (d) Exceptions: threshold requirements. Upon the written request of the Recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the Recipient's program or project. An exception may be considered only after the Recipient has provided the following: (i) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) An opinion of the Recipient's attorney that the interest for which the exception is sought would not violate State or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the Recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (ii) Whether an opportunity was provided for open competitive bidding or negotiation; (iii) Whether the person affected is a member of a group or class of Iow or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (iv) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision- making process with respect to the specific assisted activity in question; (v) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (vi) Whether undue hardship will result either to the Recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (vii) Any other relevant considerations. IN WITNESS WHEREOF, said Billy J. Simmons, Jr., has signed these presents on behalf of the Subreclptent, Office of Aging Services, and the Recipient has caused these presents to be signed in this corporate name by its City Manager and its corporate seal to be hereto affixed and duly attested by its City Clerk by authority of the Board of Aldermen of the City of Concord, North Carolina duly given, all as of the day and year first wrttten above.