County General Conditions. A. CITY has requested the financial support of COUNTY that is provided for in this AGREEMENT in order to enable CITY to provide affordable housing assistance. COUNTY shall have no relationship whatsoever with the services provided, except the provision of financial support, monitoring, and the receipt of such reports as are provided for herein. To the extent, if at all, that any relationship to such services on the part of County may be claimed or found to exist, CITY shall be an independent contractor only. B. CITY shall obtain, or require any subgrantee to obtain, any and all federal, state, and local permits and licenses required to execute any individual project as described in the Scope of Services in Section I of this AGREEMENT. CITY further agrees to abide by, and shall require all subgrantees to abide by, all applicable federal, state, and local codes, regulations, statutes, ordinances, and laws. C. CITY will provide the Manager of Community Resources Management Unit (“CRM”) with client usage records per project on a semi-annual basis during the period of this AGREEMENT. These records will contain, but are not limited to, the following data: 1. Total clients served, including all members of household. 2. Racial breakdown of clients served including White, Black/African American, Asian, American Indian or Alaska Native, and Native Hawaiian or other Pacific Islander. 3. Ethnicity breakdown of clients served including Hispanic/Latino or Not Hispanic/Latino. 4. Number and percentage of Low- and Moderate-Income clients as defined by HUD HOME Program Income Guidelines (Exhibit "A") with income eligibility documentation on file. 5. Annual gross income per household. 6. Number of disabled clients served. 7. Number of senior citizens served. 8. Number of female heads-of household served. 9. Number of renter households served, rent charged HOME Program – Rent Limit guidelines (Exhibit "B") and lease date and term. 10. Number of owner households served. 11. Monthly rent paid by each household served. D. CITY will not use any portion of the allocated Trust Funds for non-Trust Fund qualified projects, as defined in NHD’s AAHTF Administrative Guidelines, NRS 319, and NAC 319. All subgrantees must meet program requirements and serve eligible low-income residents. E. For each qualified project receiving funds pursuant to this AGREEMENT, CITY shall establish the term of affordability as the minimum established by the Nevada Administrative Code or the term of the loan, whichever is longer. F. If the qualified Project or Activity, or any portion thereof, are converted to non-qualified Trust Fund projects or activities without the prior written approval of COUNTY, CITY shall, upon the request of COUNTY, repay to COUNTY, without interest, the amount of Trust Funds expended on the non-qualified project. COUNTY shall require reasonable assurances of security for such repayments in the form of a recorded deed of trust for such property and COUNTY shall require execution as part of providing applicable assistance. A sale, transfer, or other conveyance of the assisted property is subject to the requirements of NRS 319 or NAC 319. G. CITY may subcontract any portion of the rehabilitation of the affordable housing units. Any subcontractor or assignee must meet AAHTF program requirements and serve eligible lower income residents. Affordable housing units in the Project are to be rehabilitated by a qualified contractor. If the Subgrantee assumes responsibility for procurement by selecting the contractor and negotiating the price, 24 CFR Part 85 will be applicable. H. CITY, or any subgrantee, shall use best efforts to not allow assisted properties to be attached in any manner, including any liens or other encumbrances or any mortgages or other security interest during the Period of Affordability without the prior written consent of NHD. I. CITY shall ensure that homeowner subgrantees of AAHTF money provide a copy of their Homeowners Insurance, and that owners of AAHTF assisted rental properties provide Comprehensive Fire and Hazard insurance covering the full replacement costs of the structure. J. CITY shall allow duly authorized representatives of COUNTY to conduct such occasional reviews, audits and on site monitoring of the Project as COUNTY deems to be appropriate in order to determine: 1. Whether the objectives of the program are being achieved; 2. Whether the program is being conducted in an efficient and effective manner; 3. Whether management control systems and internal procedures have been established to meet the objectives of the program; 4. Whether the financial operations of the program are being conducted properly; 5. Whether the periodic reports to COUNTY contain accurate and reliable information; 6. Whether all of the activities of the program are conducted in compliance with the provisions of Federal and State laws and regulations and this AGREEMENT. K. Visits by COUNTY to the Project shall be announced to CITY in advance of those visits and shall occur during normal operating hours. The representatives of COUNTY may request, and, if such a request is made, shall be granted, access to all of the records of CITY which relate to the Project. The representatives of COUNTY may, on occasion, interview subgrantees of the housing services of the Project who consent to be interviewed. L. At any time during normal business hours, CITY’S records with respect to the Project shall be made available for audit, examination and review by COUNTY, contracted independent auditors, HUD, the Comptroller General of the United States, the Government Accountability Office of the United States, the Office of the Inspector General of the United States, or any combination thereof. M. Subject to NRS Chapters 41 and 354, CITY will protect, defend, indemnify, and save harmless COUNTY from and against any and all liability, damages, demands, claims, suits, liens, and judgments of whatever nature including, but not limited to, claims for contribution or indemnification for injuries to or death of any person or persons, caused by CITY, its officers, or employees, in connection with, or arising out of any activities undertaken pursuant to this AGREEMENT. CITY’S obligation to protect, defend, indemnify, and save harmless as set forth in this paragraph shall include any and all attorneys' fees incurred by COUNTY in the defense or handling of said suits, demands, judgments, liens and claims and all attorneys' fees and investigation expenses incurred by COUNTY in enforcing or obtaining compliance with the provisions of this AGREEMENT. N. CITY will not use any funds or resources which are supplied by COUNTY in litigation against any person, natural or otherwise, or in its own defense in any such litigation. CITY agrees to notify COUNTY of any legal action which is filed by or against it relative to the Project. O. AAHTF money allocated by COUNTY to CITY under this AGREEMENT must be committed by CITY to specific projects prior to March 1, 2023 and used prior to June 30, 2025. P. If, after the deadline of June 30, 2025, CITY is unable to expend the AAHTF money allocated by COUNTY to CITY under this AGREEMENT in the time and manner prescribed in this AGREEMENT, COUNTY reserves the right to extract that portion for other projects/programs operated under COUNTY'S HOME or AAHTF programs. Q. CITY agrees that no officer or employee of CITY may seek or accept any gifts, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that position. R. CITY agrees that no officer or employee of CITY may use his or her position to secure or grant any unwarranted privilege, preference, exemption or advantage for himself or herself, any member of his or her household, any business entity in which he or she has a financial interest or any other person. S. CITY agrees that no officer or employee of CITY may participate as an agent of CITY in the negotiation or execution of any contract between CITY and any private business in which he or she has a financial interest. T. CITY agrees that no officer or employee of CITY may suppress any report or other document because it might tend to affect unfavorably his private financial interests. U. CITY shall keep and maintain in effect at all times any and all licenses, permits, notices and certifications which may be required by any County ordinance or State or Federal statute. V. CITY, and any subgrantee, shall be bound by all county ordinances and state and federal statutes, conditions, regulations, and assurances which are applicable to the entire AAHTF program or are required by HUD, NHD, or any combination thereof. W. Any material breach of this section may, in the discretion of COUNTY, result in forfeiture of all unexpended Trust Funds received by CITY pursuant to this AGREEMENT, or any part thereof. X. No officer, employee or agent of CITY shall have any interest, direct or indirect, financial or otherwise, in any contract or subcontract or the proceeds thereof, for any of the work to be performed pursuant to the Project during the period of service of such officer, employee or agent, for one year thereafter. Y. CITY shall maintain reasonable security measures to protect records containing personal information from unauthorized access, acquisition, destruction, use, modification or disclosure per NRS Chapter 603A to ensure against a breach of the security of personal information of clients, staff or other individuals. CITY shall have established written policies and procedures that align with NRS Chapter 603A and shall follow these procedures. Upon request, CITY shall make available to COUNTY staff these written policies and procedures and will be monitored for compliance.
Appears in 1 contract
Samples: Interlocal Agreement
County General Conditions. A. CITY The City has requested the financial support of COUNTY the County that is provided for in this AGREEMENT Agreement in order to enable CITY the City to provide affordable housing assistanceservices. COUNTY The County shall have no relationship whatsoever with the services provided, except the provision of financial support, monitoring, support and the receipt of such reports as are provided for herein. To the extent, if at all, that any relationship to such services on the part of the County may be claimed or found to exist, CITY the City shall be an independent contractor only.
B. CITY The City shall obtain, or require any subgrantee to obtain, obtain any and all federal, state, and local permits and licenses required of the City to execute any individual project HOME qualified Projects as described defined in the Scope of Services in Section I of this AGREEMENTHOME program regulations (24 CFR 92). CITY The City further agrees to abide by, and shall require all subgrantees to abide by, by all applicable federal, state, and local codes, regulations, statutes, ordinances, and laws.
C. CITY The City will provide the Manager of Community Resources Management Unit (“"CRM”") with unduplicated client usage records per project on a semi-annual basis during the period of this AGREEMENTAgreement. These records will contain, but are not limited to, the following data:
1. Total clients served, including all members of household.;
2. Racial breakdown of clients served including White, Black/African American, Asian, American Indian or Alaska Native, and Native Hawaiian or other Pacific Islander.;
3. Ethnicity breakdown Number of clients served including Hispanic/Latino or Not Hispanic/Latino.who report a Hispanic ethnicity;
4. Number and percentage of Low- Low and Moderate-Moderate Income clients as defined by HUD HOME Program - Income Guidelines (Exhibit "A") with income eligibility documentation on file.);
5. Annual gross income per household.
6. Number of disabled clients served.;
76. Number of senior citizens served.;
87. Number of female heads-of household served.;
98. Number of renter households served, and rent charged HOME Program – Rent Limit guidelines (Exhibit "B") and lease date and term.);
109. Number of owner households served.; and
1110. Monthly rent paid by each household served.
D. CITY The City will not use any portion of the allocated Trust Funds HOME funds for non-Trust Fund other than HOME qualified projectsProjects, as defined in NHD’s AAHTF Administrative Guidelines, NRS 319, and NAC 319the HOME program regulations (24 CFR 92). All subgrantees Any subgrantee of these funds must meet program the HOME Program requirements and serve eligible low-income residents.
E. For each qualified project receiving funds pursuant to this AGREEMENT, CITY shall establish the term of affordability as the minimum established by the Nevada Administrative Code or the term of the loan, whichever is longer.
F. If the qualified Project HOME Projects or Activityactivities, or any portion thereof, are converted to non-qualified Trust Fund projects HOME Projects or activities without activities, the prior written approval of COUNTY, CITY City shall, upon the request of COUNTYthe County, repay to COUNTYthe County, without interest, the amount of Trust Funds HOME Program funds expended on the non-non- qualified projectProject. COUNTY The City shall require reasonable assurances of security for such terms of affordability and repayments in the form of a recorded deed of trust for such property property, pursuant to 24 CFR 92.252 and COUNTY 92.254, and which the City shall require execution cause to be executed as part of providing applicable assistance. A sale, transfer, or other conveyance of the assisted property is subject to the requirements requirement that the amount of NRS 319 or NAC 319HOME funds previously invested in the property be treated in accordance with 24 CFR Part 92.503.
G. CITY F. The City may subcontract any portion of the rehabilitation of the affordable housing units. Any subcontractor or assignee must meet AAHTF program HOME Program requirements and serve eligible lower income residents. Affordable housing units in the Project are to be rehabilitated by a qualified contractor. If the Subgrantee City assumes responsibility for procurement by selecting the contractor and negotiating the price, 24 CFR Part 85 will be applicable.
H. CITY, or any subgrantee, G. The City shall use best efforts to not allow assisted properties to be attached in any manner, including any liens or other encumbrances or any mortgages or other security interest during the Period of Affordability without the prior written consent of NHD.
I. CITY shall ensure insure that homeowner subgrantees recipients of AAHTF money HOME funds provide a copy of their Homeowners Insurance, and that owners of AAHTF HOME assisted rental properties provide Comprehensive Fire and Hazard insurance covering the full replacement costs of the structure.
J. CITY H. The City shall allow duly authorized representatives of COUNTY the County to conduct such occasional reviews, audits and on on-site monitoring of the Project as COUNTY the County deems to be appropriate in order to determine:
1. Whether the objectives of the program Project are being achieved;
2. Whether the program Project is being conducted in an efficient and effective manner;
3. Whether management control systems and internal procedures have been established to meet the objectives of the programProject;
4. Whether the financial operations of the program Project are being conducted properly;
5. Whether the periodic reports to COUNTY the County contain accurate and reliable information;; and
6. Whether all of the activities of the program Project are conducted in compliance with the provisions of Federal and State laws and regulations and this AGREEMENTAgreement.
K. I. Visits by COUNTY the County to the Project shall be announced to CITY the City in advance of those visits and shall occur during normal operating hours. The representatives of COUNTY the County may request, and, if such a request is made, shall be granted, access to all of the records of CITY the City which relate to the Project. The representatives of COUNTY the County may, on occasion, interview subgrantees recipients of the housing services of the Project who consent to be interviewed.
L. J. At any time during normal business hours, CITY’S the City's records with respect to the Project shall be made available for audit, examination examination, and review by COUNTYthe County, contracted independent auditors, HUD, the Comptroller General of the United States, the Government Accountability Office of the United States, the Office of the Inspector General of the United States, or any combination thereof.
M. K. Subject to NRS Chapters 41 and 354, CITY the City will protect, defend, indemnify, and save harmless COUNTY the County from and against any and all liability, damages, demands, claims, suits, liens, and judgments of whatever nature including, including but not limited to, to claims for contribution or indemnification for injuries to or death of any person or persons, caused by CITYthe City, its officers, or employees, in connection with, or arising out of any activities undertaken pursuant to this AGREEMENTAgreement. CITY’S The City's obligation to protect, defend, indemnify, and save harmless as set forth in this paragraph shall include any and all (i) reasonable attorneys' fees incurred by COUNTY the County in the defense or handling of said suits, demands, judgments, liens and claims resulting from the actions of the City, its officers, or employees undertaken pursuant to this agreement and all (ii) reasonable attorneys' fees and investigation expenses incurred by COUNTY the County in enforcing or obtaining compliance with the provisions of this AGREEMENTAgreement.
N. CITY L. The City will not use any HOME Program funds or resources which are supplied by COUNTY the County in litigation against any person, natural or otherwise, or in its own defense in any such litigation. CITY The City agrees to notify COUNTY the County of any legal action which is filed by or against it relative to the Project.
O. AAHTF money M. This Agreement will commence upon its approval and signature by all parties. The City agrees to commit and expend FY2019/2020 HOME funds allocated by COUNTY to CITY under this AGREEMENT must Agreement in a way such that the City's balance of uncommitted funds, including Program Income, does not exceed the sum of the formula share allocations of the previous (3) three years plus the estimated formula share allocation for the forthcoming year, except when the City demonstrates that any lack of timeliness has resulted from factors beyond the City's reasonable control. Any uncommitted funds exceeding this amount will be committed by CITY deducted from the formula share allocation for the new year’s award, thereby limiting the City's total amount of uncommitted funds to specific projects prior to March 1(4) four Program Years. The amount of the City's uncommitted funds is determined in accordance with the provisions of the July 5, 2023 and used prior to June 30, 20252017 Interlocal Cooperative Agreement.
P. N. If, after the deadline referred to in the July 5, 2017 Interlocal Cooperative Agreement, the City and/or the County anticipate the total amount of June 30, 2025, CITY is unable to expend the AAHTF money funds allocated by COUNTY to CITY under for this AGREEMENT Agreement will not be expended in the time and manner prescribed in this AGREEMENTAgreement, COUNTY the County reserves the right to extract that portion for other projects/programs operated under COUNTY'S the County's HOME or AAHTF programsProgram.
Q. CITY O. The City agrees that no officer or employee of CITY City may seek or accept any gifts, service, favor, employment, engagement, emolument emolument, or economic opportunity which would tend to improperly to influence a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that position.
R. CITY P. The City agrees that no officer or employee of CITY the City may use his or her position to secure or grant any unwarranted privilege, preference, exemption exemption, or advantage for himself or herself, any member of his or her household, any business entity in which he or she has a financial interest or any other person.
S. CITY Q. The City agrees that no officer or employee of CITY the City may participate as an agent of CITY the City in the negotiation or execution of any contract between CITY the City and any private business in which he or she has a financial interest.
T. CITY R. The City agrees that no officer or employee of CITY the City may suppress any report or other document because it might tend to affect unfavorably his private financial interests.
U. CITY S. The City shall keep and maintain in effect at all times any and all licenses, permits, notices notices, and certifications which may be required by any County ordinance or State or Federal statute.
V. CITY, and any subgrantee, T. The City shall be bound by all county ordinances State and state and federal Federal statutes, conditions, regulations, and assurances which are applicable to the entire AAHTF program HOME Program or are required by HUD, NHDthe County, or any combination thereof. U. The Consolidated and Further Continuing Appropriations Act of 2012 (P.L 112-55) imposed new requirements on projects that receive FY 2012 HOME funds. The HOME Final Rule (as amended, July 24, 2013) incorporated these provisions and others. The purpose of these requirements is to improve project and developer selection and ensure that there is adequate market demand for projects receiving FY 2012 HOME funds and future HOME projects. The City agrees to be responsible and shall comply with the following directives relating to projects receiving or involving FY 2012 HOME funds and future HOME projects:
1. The City will repay to the County any HOME funds invested in projects that are not completed within four years of the commitment date, as provided for in the written agreement with the subgrantee. If the City anticipates that a project may not be completed within the four year period, the City will provide to the County in writing a minimum of 90 days prior to the end of the four year period, a letter explaining reasons for the failure to complete the project. As the Entitlement Grantee for the HOME Program the County will in turn request from HUD a one year extension upon determination that the failure to complete the project is beyond the control of the City.
W. Any material breach 2. The City will only commit HOME funds to a project after it has underwritten the project, assessed the developer capacity and fiscal soundness of this section maythe developer being funded, in and examined the discretion of COUNTYneighborhood market conditions to ensure that there is an adequate need for the HOME project. The City will certify prior to the time HOME funds are committed, result in forfeiture of all unexpended Trust Funds received by CITY pursuant to this AGREEMENT, or any part thereofthat these actions have been taken for each project.
X. No officer, employee or agent 3. The City must convert any FY 2012 and later HOME homeownership units that have not been sold to an eligible homebuyer within six months of CITY shall have any interest, direct or indirect, financial or otherwise, in any contract or subcontract or the proceeds thereof, for any of the work construction completion to be performed pursuant to the Project during the period of service of such officer, employee or agent, for one year thereaftera HOME-assisted rental unit.
Y. CITY 4. The City may only provide HOME funds for development activities to Community Housing Development Organizations (CHDOs) that have demonstrated that they have staff with demonstrated development experience.
V. The City shall maintain reasonable security measures to protect records containing personal information information, as defined in NRS 603A.040, from unauthorized access, acquisition, destruction, use, modification modification, or disclosure per NRS Chapter 603A to ensure against a breach of the security of personal information of clients, staff or other individuals. CITY shall have established written policies and procedures that align with NRS Chapter 603A and shall follow these procedures. Upon request, CITY shall make available to COUNTY staff these written policies and procedures and will be monitored for compliancedisclosure.
Appears in 1 contract
Samples: Interlocal Agreement
County General Conditions. A. CITY The City has requested the financial support of COUNTY the County that is provided for in this AGREEMENT Agreement in order to enable CITY the City to provide affordable housing assistanceservices. COUNTY The County shall have no relationship whatsoever with the services provided, except the provision of financial support, monitoring, support and the receipt of such reports as are provided for herein. To the extent, if at all, that any relationship to such services on the part of the County may be claimed or found to exist, CITY the City shall be an independent contractor only.
B. CITY The City shall obtain, or require any subgrantee to obtain, obtain any and all federal, state, and local permits and licenses required of the City to execute any individual project HOME qualified Projects as described defined in the Scope of Services in Section I of this AGREEMENTHOME program regulations (24 CFR 92). CITY The City further agrees to abide by, and shall require all subgrantees to abide by, by all applicable federal, state, and local codes, regulations, statutes, ordinances, and laws.
C. CITY The City will provide the Manager of Community Resources Management Unit (“"CRM”") with unduplicated client usage records per project on a semi-annual basis during the period of this AGREEMENTAgreement. These records will contain, but are not limited to, the following data:
1. Total clients served, including all members of household.;
2. Racial breakdown of clients served including White, Black/African American, Asian, American Indian or Alaska Native, and Native Hawaiian or other Pacific Islander.;
3. Ethnicity breakdown Number of clients served including Hispanic/Latino or Not Hispanic/Latino.who report a Hispanic ethnicity;
4. Number and percentage of Low- Low and Moderate-Moderate Income clients as defined by HUD HOME Program - Income Guidelines (Exhibit "A") with income eligibility documentation on file.);
5. Annual gross income per household.
6. Number of disabled clients served.;
76. Number of senior citizens served.;
87. Number of female heads-of household served.;
98. Number of renter households served, and rent charged HOME Program – Rent Limit guidelines (Exhibit "B") and lease date and term.);
109. Number of owner households served.; and
1110. Monthly rent paid by each household served.
D. CITY The City will not use any portion of the allocated Trust Funds HOME funds for non-Trust Fund other than HOME qualified projectsProjects, as defined in NHD’s AAHTF Administrative Guidelines, NRS 319, and NAC 319the HOME program regulations (24 CFR 92). All subgrantees Any subgrantee of these funds must meet program the HOME Program requirements and serve eligible low-income residents.
E. For each qualified project receiving funds pursuant to this AGREEMENT, CITY shall establish the term of affordability as the minimum established by the Nevada Administrative Code or the term of the loan, whichever is longer.
F. If the qualified Project HOME Projects or Activityactivities, or any portion thereof, are converted to non-qualified Trust Fund projects HOME Projects or activities without activities, the prior written approval of COUNTY, CITY City shall, upon the request of COUNTYthe County, repay to COUNTYthe County, without interest, the amount of Trust Funds HOME Program funds expended on the non-non- qualified projectProject. COUNTY The City shall require reasonable assurances of security for such terms of affordability and repayments in the form of a recorded deed of trust for such property property, pursuant to 24 CFR 92.252 and COUNTY 92.254, and which the City shall require execution cause to be executed as part of providing applicable assistance. A sale, transfer, or other conveyance of the assisted property is subject to the requirements requirement that the amount of NRS 319 or NAC 319HOME funds previously invested in the property be treated in accordance with 24 CFR Part 92.503.
G. CITY F. The City may subcontract any portion of the rehabilitation of the affordable housing units. Any subcontractor or assignee must meet AAHTF program HOME Program requirements and serve eligible lower income residents. Affordable housing units in the Project are to be rehabilitated by a qualified contractor. If the Subgrantee City assumes responsibility for procurement by selecting the contractor and negotiating the price, 24 CFR Part 85 will be applicable.
H. CITY, or any subgrantee, G. The City shall use best efforts to not allow assisted properties to be attached in any manner, including any liens or other encumbrances or any mortgages or other security interest during the Period of Affordability without the prior written consent of NHD.
I. CITY shall ensure insure that homeowner subgrantees recipients of AAHTF money HOME funds provide a copy of their Homeowners Insurance, and that owners of AAHTF HOME assisted rental properties provide Comprehensive Fire and Hazard insurance covering the full replacement costs of the structure.
J. CITY H. The City shall allow duly authorized representatives of COUNTY the County to conduct such occasional reviews, audits and on on-site monitoring of the Project as COUNTY the County deems to be appropriate in order to determine:
1. Whether the objectives of the program Project are being achieved;
2. Whether the program Project is being conducted in an efficient and effective manner;
3. Whether management control systems and internal procedures have been established to meet the objectives of the programProject;
4. Whether the financial operations of the program Project are being conducted properly;
5. Whether the periodic reports to COUNTY the County contain accurate and reliable information;; and
6. Whether all of the activities of the program Project are conducted in compliance with the provisions of Federal and State laws and regulations and this AGREEMENTAgreement.
K. I. Visits by COUNTY the County to the Project shall be announced to CITY the City in advance of those visits and shall occur during normal operating hours. The representatives of COUNTY the County may request, and, if such a request is made, shall be granted, access to all of the records of CITY the City which relate to the Project. The representatives of COUNTY the County may, on occasion, interview subgrantees recipients of the housing services of the Project who consent to be interviewed.
L. J. At any time during normal business hours, CITY’S the City's records with respect to the Project shall be made available for audit, examination and review by COUNTYthe County, contracted independent auditors, HUD, the Comptroller General of the United States, the Government Accountability Office of the United States, the Office of the Inspector General of the United States, or any combination thereof.
M. K. Subject to NRS Chapters 41 and 354, CITY the City will protect, defend, indemnify, and save harmless COUNTY the County from and against any and all liability, damages, demands, claims, suits, liens, and judgments of whatever nature including, including but not limited to, to claims for contribution or indemnification for injuries to or death of any person or persons, caused by CITYthe City, its officers, or employees, in connection with, or arising out of any activities undertaken pursuant to this AGREEMENTAgreement. CITY’S The City's obligation to protect, defend, indemnify, and save harmless as set forth in this paragraph shall include any and all (i) reasonable attorneys' fees incurred by COUNTY the County in the defense or handling of said suits, demands, judgments, liens and claims resulting from the actions of the City, its officers, or employees undertaken pursuant to this agreement and all (ii) reasonable attorneys' fees and investigation expenses incurred by COUNTY the County in enforcing or obtaining compliance with the provisions of this AGREEMENTAgreement.
N. CITY L. The City will not use any HOME Program funds or resources which are supplied by COUNTY the County in litigation against any person, natural or otherwise, or in its own defense in any such litigation. CITY The City agrees to notify COUNTY the County of any legal action which is filed by or against it relative to the Project.
O. AAHTF money M. This Agreement will commence upon its approval and signature by all parties. The City agrees to commit and expend FY2018/2019 HOME funds allocated by COUNTY to CITY under this AGREEMENT must Agreement in a way such that the City's balance of uncommitted funds, including Program Income, does not exceed the sum of the formula share allocations of the previous (3) three years plus the estimated formula share allocation for the forthcoming year, except when the City demonstrates that any lack of timeliness has resulted from factors beyond the City's reasonable control. Any uncommitted funds exceeding this amount will be committed by CITY deducted from the formula share allocation for the new year’s award, thereby limiting the City's total amount of uncommitted funds to specific projects prior to March 1(4) four Program Years. The amount of the City's uncommitted funds is determined in accordance with the provisions of the July 5, 2023 and used prior to June 30, 20252017 Interlocal Cooperative Agreement.
P. N. If, after the deadline referred to in the July 5, 2017 Interlocal Cooperative Agreement, the City and/or the County anticipate the total amount of June 30, 2025, CITY is unable to expend the AAHTF money funds allocated by COUNTY to CITY under for this AGREEMENT Agreement will not be expended in the time and manner prescribed in this AGREEMENTAgreement, COUNTY the County reserves the right to extract that portion for other projects/programs operated under COUNTY'S the County's HOME or AAHTF programsProgram.
Q. CITY O. The City agrees that no officer or employee of CITY City may seek or accept any gifts, service, favor, employment, engagement, emolument or economic opportunity which would tend to improperly to influence a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that position.
R. CITY P. The City agrees that no officer or employee of CITY the City may use his or her position to secure or grant any unwarranted privilege, preference, exemption or advantage for himself or herself, any member of his or her household, any business entity in which he or she has a financial interest or any other person.
S. CITY Q. The City agrees that no officer or employee of CITY the City may participate as an agent of CITY the City in the negotiation or execution of any contract between CITY the City and any private business in which he or she has a financial interest.
T. CITY R. The City agrees that no officer or employee of CITY the City may suppress any report or other document because it might tend to affect unfavorably his private financial interests.
U. CITY S. The City shall keep and maintain in effect at all times any and all licenses, permits, notices and certifications which may be required by any County ordinance or State or Federal statute.
V. CITY, and any subgrantee, T. The City shall be bound by all county ordinances State and state and federal Federal statutes, conditions, regulations, regulations and assurances which are applicable to the entire AAHTF program HOME Program or are required by HUD, NHDthe County, or any combination thereof. U. The Consolidated and Further Continuing Appropriations Act of 2012 (P.L 112-55) imposed new requirements on projects that receive FY 2012 HOME funds. The HOME Final Rule (as amended, July 24, 2013) incorporated these provisions and others. The purpose of these requirements is to improve project and developer selection and ensure that there is adequate market demand for projects receiving FY 2012 HOME funds and future HOME projects. The City agrees to be responsible and shall comply with the following directives relating to projects receiving or involving FY 2012 HOME funds and future HOME projects:
1. The City will repay to the County any HOME funds invested in projects that are not completed within four years of the commitment date, as provided for in the written agreement with the subgrantee. If the City anticipates that a project may not be completed within the four year period, the City will provide to the County in writing a minimum of 90 days prior to the end of the four year period, a letter explaining reasons for the failure to complete the project. As the Entitlement Grantee for the HOME Program the County will in turn request from HUD a one year extension upon determination that the failure to complete the project is beyond the control of the City.
W. Any material breach 2. The City will only commit HOME funds to a project after it has underwritten the project, assessed the developer capacity and fiscal soundness of this section maythe developer being funded, in and examined the discretion of COUNTYneighborhood market conditions to ensure that there is an adequate need for the HOME project. The City will certify prior to the time HOME funds are committed, result in forfeiture of all unexpended Trust Funds received by CITY pursuant to this AGREEMENT, or any part thereofthat these actions have been taken for each project.
X. No officer, employee or agent 3. The City must convert any FY 2012 and later HOME homeownership units that have not been sold to an eligible homebuyer within six months of CITY shall have any interest, direct or indirect, financial or otherwise, in any contract or subcontract or the proceeds thereof, for any of the work construction completion to be performed pursuant to the Project during the period of service of such officer, employee or agent, for one year thereaftera HOME-assisted rental unit.
Y. CITY 4. The City may only provide HOME funds for development activities to Community Housing Development Organizations (CHDOs) that have demonstrated that they have staff with demonstrated development experience.
V. The City shall maintain reasonable security measures to protect records containing personal information information, as defined in NRS 603A.040, from unauthorized access, acquisition, destruction, use, modification or disclosure per NRS Chapter 603A to ensure against a breach of the security of personal information of clients, staff or other individuals. CITY shall have established written policies and procedures that align with NRS Chapter 603A and shall follow these procedures. Upon request, CITY shall make available to COUNTY staff these written policies and procedures and will be monitored for compliancedisclosure.
Appears in 1 contract
Samples: Interlocal Agreement
County General Conditions. A. CITY has requested the financial support of COUNTY that is provided for in this AGREEMENT in order to enable CITY to provide affordable housing assistanceservices. COUNTY shall have no relationship whatsoever with the services provided, except the provision of financial support, monitoring, support and the receipt of such reports as are provided for herein. To the extent, if at all, that any relationship to such services on the part of County COUNTY may be claimed or found to exist, CITY shall be an independent contractor only.
B. CITY shall obtain, or require any subgrantee to obtain, obtain any and all federal, state, and local permits and licenses required of CITY to execute any individual project HOME qualified Projects as described defined in the Scope of Services in Section I of this AGREEMENTHOME program regulations (24 CFR 92). CITY further agrees to abide by, and shall require all subgrantees to abide by, by all applicable federal, state, and local codes, regulations, statutes, ordinances, and laws.
C. CITY will provide the Manager of Community Resources Management Unit (“"CRM”") with unduplicated client usage records per project on a semi-annual basis during the period of this AGREEMENT. These records will contain, but are not limited to, the following data:
1. Total clients served, including all members of household.;
2. Racial breakdown of clients served including White, Black/African American, Asian, American Indian or Alaska Native, and Native Hawaiian or other Pacific Islander.;
3. Ethnicity breakdown Number of clients served including Hispanic/Latino or Not Hispanic/Latino.who report a Hispanic ethnicity;
4. Number and percentage of Low- Low and Moderate-Moderate Income clients as defined by HUD HOME Program - Income Guidelines (Exhibit "A") with income eligibility documentation on file.);
5. Annual gross income per household.
6. Number of disabled clients served.;
76. Number of senior citizens served.;
87. Number of female heads-of household served.;
98. Number of renter households served, and rent charged HOME Program – Rent Limit guidelines (Exhibit "B") and lease date and term.);
109. Number of owner households served.; and
1110. Monthly rent paid by each household served.
D. CITY will not use any portion of the allocated Trust Funds HOME funds for non-Trust Fund other than HOME qualified projectsProjects, as defined in NHD’s AAHTF Administrative Guidelines, NRS 319, and NAC 319the HOME program regulations (24 CFR 92). All subgrantees Any subgrantee of these funds must meet program the HOME Program requirements and serve eligible low-income residents.
E. For each qualified project receiving funds pursuant to this AGREEMENT, CITY shall establish the term of affordability as the minimum established by the Nevada Administrative Code or the term of the loan, whichever is longer.
F. If the qualified Project HOME Projects or Activityactivities, or any portion thereof, are converted to non-non- qualified Trust Fund projects HOME Projects or activities without the prior written approval of COUNTYactivities, CITY shall, upon the request of COUNTY, repay to COUNTY, without interest, the amount of Trust Funds HOME Program funds expended on the non-non- qualified projectProject. COUNTY CITY shall require reasonable assurances of security for such terms of affordability and repayments in the form of a recorded deed of trust for such property property, pursuant to 24 CFR 92.252 and COUNTY 92.254, and which CITY shall require execution cause to be executed as part of providing applicable assistance. A sale, transfer, or other conveyance of the assisted property is subject to the requirements requirement that the amount of NRS 319 or NAC 319HOME funds previously invested in the property be treated in accordance with 24 CFR Part 92.503.
G. F. CITY may subcontract any portion of the rehabilitation of the affordable housing units. Any subcontractor or assignee must meet AAHTF program HOME Program requirements and serve eligible lower income residents. Affordable housing units in the Project are to be rehabilitated by a qualified contractor. If the Subgrantee CITY assumes responsibility for procurement by selecting the contractor and negotiating the price, 24 CFR Part 85 will be applicable.
H. CITY, or any subgrantee, shall use best efforts to not allow assisted properties to be attached in any manner, including any liens or other encumbrances or any mortgages or other security interest during the Period of Affordability without the prior written consent of NHD.
I. G. CITY shall ensure that homeowner subgrantees recipients of AAHTF money HOME funds provide a copy of their Homeowners Insurance, and that owners of AAHTF HOME assisted rental properties provide Comprehensive Fire and Hazard insurance covering the full replacement costs of the structure.
J. H. CITY shall allow duly authorized representatives of COUNTY to conduct such occasional reviews, audits and on on-site monitoring of the Project as COUNTY deems to be appropriate in order to determine:
1. Whether the objectives of the program Project are being achieved;
2. Whether the program Project is being conducted in an efficient and effective manner;
3. Whether management control systems and internal procedures have been established to meet the objectives of the programProject;
4. Whether the financial operations of the program Project are being conducted properly;
5. Whether the periodic reports to COUNTY contain accurate and reliable information;; and
6. Whether all of the activities of the program Project are conducted in compliance with the provisions of Federal and State laws and regulations and this AGREEMENT.
K. I. Visits by COUNTY to the Project shall be announced to CITY in advance of those visits and shall occur during normal operating hours. The representatives of COUNTY may request, and, if such a request is made, shall be granted, access to all of the records of CITY which relate to the Project. The representatives of COUNTY may, on occasion, interview subgrantees recipients of the housing services of the Project who consent to be interviewed.
L. J. At any time during normal business hours, CITY’S 'S records with respect to the Project shall be made available for audit, examination and review by COUNTY, contracted independent auditors, HUD, the Comptroller General of the United States, the Government Accountability Office of the United States, the Office of the Inspector General of the United States, or any combination thereof.
M. K. Subject to NRS Chapters 41 and 354, CITY will protect, defend, indemnify, and save harmless the COUNTY from and against any and all liability, damages, demands, claims, suits, liens, and judgments of whatever nature including, including but not limited to, to claims for contribution or indemnification for injuries to or death of any person or persons, caused by CITY, its officers, or employees, in connection with, or arising out of any activities undertaken pursuant to this AGREEMENT. CITY’S 'S obligation to protect, defend, indemnify, and save harmless as set forth in this paragraph shall include any and all (i) reasonable attorneys' fees incurred by COUNTY in the defense or handling of said suits, demands, judgments, liens and claims resulting from the actions of CITY, its officers, or employees undertaken pursuant to this AGREEMENT and all (ii) reasonable attorneys' fees and investigation expenses incurred by COUNTY in enforcing or obtaining compliance with the provisions of this AGREEMENT.
N. L. CITY will not use any HOME Program funds or resources which are supplied by COUNTY in litigation against any person, natural or otherwise, or in its own defense in any such litigation. CITY agrees to notify COUNTY of any legal action which is filed by or against it relative to the Project.
O. AAHTF money M. CITY agrees to commit and expend FY2021/2022 HOME funds allocated by COUNTY to CITY under this AGREEMENT must in a way such that CITY'S balance of uncommitted funds, including Home Program income, does not exceed the sum of the formula share allocations of the previous three (3) years plus the estimated formula share allocation for the forthcoming year, except when CITY demonstrates that any lack of timeliness has resulted from factors beyond CITY'S reasonable control. Any uncommitted funds exceeding this amount will be committed by CITY deducted from the formula share allocation for the new year’s award, thereby limiting CITY'S total amount of uncommitted funds to specific projects prior to March 1four (4) Program Years. The amount of CITY'S uncommitted funds is determined in accordance with the provisions of the July 7, 2023 and used prior to June 30, 20252020 Interlocal Cooperative Agreement.
P. N. If, after the deadline of June 30referred to in the July 7, 20252020 Interlocal Cooperative Agreement, CITY is unable to expend and/or COUNTY anticipate the AAHTF money total amount of funds allocated by COUNTY to CITY under for this AGREEMENT will not be expended in the time and manner prescribed in this AGREEMENT, COUNTY reserves the right to extract that portion for other projects/programs operated under COUNTY'S HOME or AAHTF programsProgram.
Q. O. CITY agrees that no officer or employee of CITY City may seek or accept any gifts, service, favor, employment, engagement, emolument or economic opportunity which would tend to improperly to influence a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that position.
R. P. CITY agrees that no officer or employee of CITY may use his or her position to secure or grant any unwarranted privilege, preference, exemption or advantage for himself or herself, any member of his or her household, any business entity in which he or she has a financial interest or any other person.
S. Q. CITY agrees that no officer or employee of CITY may participate as an agent of CITY in the negotiation or execution of any contract between CITY and any private business in which he or she has a financial interest.
T. R. CITY agrees that no officer or employee of CITY may suppress any report or other document because it might tend to affect unfavorably his private financial interests.
U. S. CITY shall keep and maintain in effect at all times any and all licenses, permits, notices and certifications which may be required by any County ordinance or State or Federal statute.
V. CITY, and any subgrantee, T. CITY shall be bound by all county ordinances State and state and federal Federal statutes, conditions, regulations, regulations and assurances which are applicable to the entire AAHTF program HOME Program or are required by HUD, NHDCOUNTY, or any combination thereof. U. The Consolidated and Further Continuing Appropriations Act of 2012 (P.L 112-55) imposed new requirements on projects that receive FY 2012 HOME funds. The HOME Final Rule (as amended, July 24, 2013) incorporated these provisions and others. The purpose of these requirements is to improve project and developer selection and ensure that there is adequate market demand for projects receiving FY 2012 HOME funds and future HOME projects. CITY agrees to be responsible and shall comply with the following directives relating to projects receiving or involving FY 2012 HOME funds and future HOME projects:
1. CITY will repay to COUNTY any HOME funds invested in projects that are not completed within four years of the commitment date, as provided for in the written agreement with the subgrantee. If CITY anticipates that a project may not be completed within the four year period, CITY will provide to COUNTY in writing a minimum of 90 days prior to the end of the four year period, a letter explaining reasons for the failure to complete the project. As the Entitlement Grantee for the HOME Program the COUNTY will in turn request from HUD a one year extension upon determination that the failure to complete the project is beyond the control of CITY.
W. Any material breach 2. CITY will only commit HOME funds to a project after it has underwritten the project, assessed the developer capacity and fiscal soundness of this section maythe developer being funded, in and examined the discretion of COUNTYneighborhood market conditions to ensure that there is an adequate need for the HOME project. CITY will certify prior to the time HOME funds are committed, result in forfeiture of all unexpended Trust Funds received by CITY pursuant to this AGREEMENT, or any part thereofthat these actions have been taken for each project.
X. No officer, employee or agent 3. CITY must convert any FY 2012 and later HOME homeownership units that have not been sold to an eligible homebuyer within six months of CITY shall have any interest, direct or indirect, financial or otherwise, in any contract or subcontract or the proceeds thereof, for any of the work construction completion to be performed pursuant to the Project during the period of service of such officer, employee or agent, for one year thereaftera HOME-assisted rental unit.
Y. 4. CITY may only provide HOME funds for development activities to Community Housing Development Organizations (CHDOs) that have demonstrated that they have staff with demonstrated development experience.
V. CITY shall maintain reasonable security measures to protect records containing personal information information, as defined in NRS 603A.040, from unauthorized access, acquisition, destruction, use, modification or disclosure per NRS Chapter 603A to ensure against a breach of the security of personal information of clients, staff or other individuals. CITY shall have established written policies and procedures that align with NRS Chapter 603A and shall follow these procedures. Upon request, CITY shall make available to COUNTY staff these written policies and procedures and will be monitored for compliancedisclosure.
Appears in 1 contract
Samples: Interlocal Agreement
