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(d) It shall not expend any pail of the Award for purposes other than the Project or spent[ more of the Award for
<br />any class of items or activities than the amount allocated for such purposes in the appropriate line item of the
<br />Budget, a copy of which is attached hereto, made a part hereof, and marked "Exhibit B";
<br />(e) It shall, from time to time, timely and promptly do each and every act and thing that may be necessary and/or
<br />appropriate to perform its duties and obligations under this Agreement, the Application, the IHCDA CDBG,
<br />HOME and HTF Program Manual (the "Award Manual") the IHCDA Lead Hazard Reduction Demonstration
<br />Grant Work Plan (the "Work Plan") and the IHCDA Lead Hazard Reduction Demonstration Grant Policies
<br />and. Procedures Manual (the "Policy and Procedures");
<br />(f) It shall promptly repay IHCDA for any Lead Funds funds it utilizes for expenses that are deemed "ineligible"
<br />by any of the following: IHCDA, HUD, 24 CFR Part 35, The Residential Lead -Based Paint Hazard Reduction
<br />Act (Title X), Lead Disclosure Rule, The EPA Renovation, Repair and Painting Rule (RRP, 40 CFR 745,
<br />especially subpart E) an audit, the Work Plan, the Policy and Procedures or the Award Manual;
<br />(g) All work and activities authorized and/or contemplated under this Agreement, the Application, and the Project
<br />will be in strict obeyance, compliance, and observance of all applicable laws, rules, regulations, and executive
<br />orders of all Federal, State, and local governments and regulatory bodies, including provisions of the Award
<br />Manual and its application, as from time to time amended;
<br />(h) It shall keep and, upon request, timely submit such records and reports as may be required from time to time
<br />by the Authority or the U.S. Department of Housing and Urban Development ("HUD"), which records shall
<br />include those necessary for fair housing and equal opportunity purposes, and other records reasonably
<br />necessary to assist the Authority in complying with 24 CFR 35
<br />(i) It has not taken and will not take any action or permit any action that is within its control to be taken or fail to
<br />take any action that would impair the Award or the Project. It shall timely prepare all fiscal and management
<br />records required by the Award Manual and/or the Authority that are necessary or appropriate to effectively
<br />administer and/or monitor the Project. It will maintain books, records, documents, and other evidence
<br />pertaining to the Project and all costs and expenses incurred and revenues received under this Agreement in
<br />sufficient detail to reflect all activities undertaken in connection with the Project and all costs, direct and
<br />indirect, of labor, materials, equipment, supplies, services, and other costs of whatever nature, for which
<br />payment is claimed under this Agreement. It shall retain all such records for the greater of three (3) years from
<br />closeout of this Award. Records shall be retained beyond the prescribed period if any of the following occur:
<br />(a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be
<br />retained until all litigation, claims, or audit findings involving the records have been resolved and final action
<br />taken. (b) When the Recipient is notified in writing by HUD or HUD Office of Inspector General, the
<br />cognizant agency for indirect costs, or IHCDA to extend the retention period. (c) Records for real property and
<br />equipment acquired with Federal funds must be retained for 3 years after final disposition. (d) Records for
<br />program income transactions after the period of performance. In some cases the Recipient must report program
<br />income after the period of performance. Where there is such a requirement, the retention period for the records
<br />pertaining to the earning of the program income starts from the end of the Recipient's fiscal year in which the
<br />program income is earned. Copies shall be furnished to the IHCDA at no cost.
<br />(j) In accordance with 2 CFR 200.336, it will provide HUD, the Office of the Inspector General, the Comptroller
<br />General of the United States, and IHCDA, or any of their authorized representatives, access to any documents,
<br />papers, or other records of the Recipient which are pertinent to the Award, in order to make audits,
<br />examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the Recipient's
<br />personnel for the purpose of interview and discussion related to such documents.
<br />(k) It guarantees total satisfactory performance of all work contemplated by this Agreement, and it shall take any
<br />and all action necessary including for purposes of illustration that which is requested by the Authority to
<br />correct or otherwise cure any problems or deficiencies identified by the IHCDA during its monitoring and
<br />evaluation;
<br />LEAD- CITY of SOUTH BEND LD-018-003
<br />Recapture Page 2 of 23
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