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(d) It shall not expend any part of the Award for purposes other than the Project or spend 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 /> •
<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 /> •
<br /> (0 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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