Common use of County General Conditions Clause in Contracts

County General Conditions. A. The City has requested the financial support of the County that is provided for in this Agreement in order to enable the City to provide affordable housing services. The County shall have no relationship whatsoever with the services provided, except the provision of financial 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, the City shall be an independent contractor only. B. The City shall obtain any and all federal, state, and local permits and licenses required of the City to execute HOME qualified Projects as defined in the HOME program regulations (24 CFR 92). The City further agrees to abide by all applicable federal, state, and local codes, regulations, statutes, ordinances, and laws. C. The City will provide the Manager of Community Resources Management Unit ("CRM") with unduplicated client usage records 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; 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. Number of clients who report a Hispanic ethnicity; 4. Number and percentage of Low and Moderate Income clients as defined by HUD HOME Program - Income Guidelines (Exhibit "A"); 5. Number of disabled clients served; 6. Number of senior citizens served; 7. Number of female heads-of household served; 8. Number of renter households served, and rent charged HOME Program – Rent Limit guidelines (Exhibit "B"); 9. Number of owner households served; and 10. Monthly rent paid by each household served D. The City will not use any portion of the allocated HOME funds for other than HOME qualified Projects, as defined in the HOME program regulations (24 CFR 92). Any subgrantee of these funds must meet the HOME Program requirements and serve eligible low-income residents. E. If the qualified HOME Projects or activities, or any portion thereof, are converted to non-qualified HOME Projects or activities, the City shall, upon the request of the County, repay to the County, without interest, the amount of HOME Program funds expended on the non- qualified Project. The City shall require reasonable assurances of security for terms of affordability and repayments in the form of a recorded deed of trust for such property, pursuant to 24 CFR 92.252 and 92.254, and which the City shall cause to be executed as part of providing applicable assistance. A sale, transfer, or other conveyance of the assisted property is subject to the requirement that the amount of HOME funds previously invested in the property be treated in accordance with 24 CFR Part 92.503. F. The City may subcontract any portion of the rehabilitation of the affordable housing units. Any subcontractor or assignee must meet 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 City assumes responsibility for procurement by selecting the contractor and negotiating the price, 24 CFR Part 85 will be applicable. G. The City shall insure that homeowner recipients of HOME funds provide a copy of their Homeowners Insurance, and that owners of HOME assisted rental properties provide Comprehensive Fire and Hazard insurance covering the full replacement costs of the structure. H. The City shall allow duly authorized representatives of the County to conduct such occasional reviews, audits and on-site monitoring of the Project as the County deems to be appropriate in order to determine: 1. Whether the objectives of the Project are being achieved; 2. Whether the 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 Project; 4. Whether the financial operations of the Project are being conducted properly; 5. Whether the periodic reports to the County contain accurate and reliable information; and 6. Whether all of the activities of the Project are conducted in compliance with the provisions of Federal laws and regulations and this Agreement. I. Visits by the County to the Project shall be announced to the City in advance of those visits and shall occur during normal operating hours. The representatives of the County may request, and, if such a request is made, shall be granted, access to all of the records of the City which relate to the Project. The representatives of the County may, on occasion, interview recipients of the housing services of the Project who consent to be interviewed. J. At any time during normal business hours, the City's records with respect to the Project shall be made available for audit, examination and review by the 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. K. Subject to NRS Chapters 41 and 354, the 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 but not limited to claims for contribution or indemnification for injuries to or death of any person or persons, caused by the City, its officers, or employees, in connection with, or arising out of any activities undertaken pursuant to this Agreement. The City's obligation to protect, defend, indemnify, and save harmless as set forth in this paragraph shall include any (i) reasonable attorneys' fees incurred by 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 (ii) reasonable attorneys' fees and investigation expenses incurred by the County in enforcing or obtaining compliance with the provisions of this Agreement. L. The City will not use any HOME Program funds supplied by the County in litigation against any person, natural or otherwise, or in its own defense in any such litigation. The City agrees to notify the County of any legal action which is filed by or against it relative to the Project. 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 under this 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 deducted from the formula share allocation for the new year’s award, thereby limiting the City's total amount of uncommitted funds to (4) four Program Years. The amount of the City's uncommitted funds is determined in accordance with the provisions of the July 5, 2017 Interlocal Cooperative Agreement. 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 funds allocated for this Agreement will not be expended in the time and manner prescribed in this Agreement, the County reserves the right to extract that portion for other projects/programs operated under the County's HOME Program. O. The 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 to improperly influence a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that position. P. The City agrees that no officer or employee of 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. Q. The City agrees that no officer or employee of the City may participate as an agent of the City in the negotiation or execution of any contract between the City and any private business in which he or she has a financial interest. R. The City agrees that no officer or employee of the City may suppress any report or other document because it might tend to affect unfavorably his private financial interests. 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. T. The City shall be bound by all State and Federal statutes, conditions, regulations and assurances which are applicable to the entire HOME Program or are required by HUD, the 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. 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 the developer being funded, and examined the neighborhood 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, that these actions have been taken for each project. 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 construction completion to a HOME-assisted rental unit. 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, as defined in NRS 603A.040, from unauthorized access, acquisition, destruction, use, modification or disclosure.

County General Conditions. A. The City CITY has requested the financial support of the County COUNTY that is provided for in this Agreement AGREEMENT in order to enable the City CITY to provide affordable housing servicesassistance. The County COUNTY shall have no relationship whatsoever with the services provided, except the provision of financial support 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 the County may be claimed or found to exist, the City CITY shall be an independent contractor only. B. The City CITY shall obtain obtain, or require any subgrantee to obtain, any and all federal, state, and local permits and licenses required of the City to execute HOME qualified Projects any individual project as defined described in the HOME program regulations (24 CFR 92)Scope of Services in Section I of this AGREEMENT. The City CITY further agrees to abide by by, and shall require all subgrantees to abide by, all applicable federal, state, and local codes, regulations, statutes, ordinances, and laws. C. The City 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. Number Ethnicity breakdown of clients who report a Hispanic ethnicity;served including Hispanic/Latino or Not Hispanic/Latino. 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;. 67. Number of senior citizens served;. 78. Number of female heads-of household served;. 89. Number of renter households served, and rent charged HOME Program – Rent Limit guidelines (Exhibit "B");) and lease date and term. 910. Number of owner households served; and. 1011. Monthly rent paid by each household served. D. The City CITY will not use any portion of the allocated HOME funds Trust Funds for other than HOME non-Trust Fund qualified Projectsprojects, as defined in the HOME program regulations (24 CFR 92)NHD’s AAHTF Administrative Guidelines, NRS 319, and NAC 319. Any subgrantee of these funds All subgrantees must meet the HOME Program 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 HOME Projects Project or activitiesActivity, or any portion thereof, are converted to non-qualified HOME Projects Trust Fund projects or activitiesactivities without the prior written approval of COUNTY, the City CITY shall, upon the request of the CountyCOUNTY, repay to the CountyCOUNTY, without interest, the amount of HOME Program funds Trust Funds expended on the non- non-qualified Projectproject. The City COUNTY shall require reasonable assurances of security for terms of affordability and such repayments in the form of a recorded deed of trust for such property, pursuant to 24 CFR 92.252 property and 92.254, and which the City COUNTY shall cause to be executed require execution as part of providing applicable assistance. A sale, transfer, or other conveyance of the assisted property is subject to the requirement that the amount requirements of HOME funds previously invested in the property be treated in accordance with 24 CFR Part 92.503NRS 319 or NAC 319. F. The City G. CITY may subcontract any portion of the rehabilitation of the affordable housing units. Any subcontractor or assignee must meet HOME Program 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 City Subgrantee assumes responsibility for procurement by selecting the contractor and negotiating the price, 24 CFR Part 85 will be applicable. G. The City H. CITY, or any subgrantee, shall insure 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 recipients subgrantees of HOME funds AAHTF money provide a copy of their Homeowners Insurance, and that owners of HOME AAHTF assisted rental properties provide Comprehensive Fire and Hazard insurance covering the full replacement costs of the structure. H. The City J. CITY shall allow duly authorized representatives of the County COUNTY to conduct such occasional reviews, audits and on-on site monitoring of the Project as the County COUNTY deems to be appropriate in order to determine: 1. Whether the objectives of the Project program are being achieved; 2. Whether the Project 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 Projectprogram; 4. Whether the financial operations of the Project program are being conducted properly; 5. Whether the periodic reports to the County COUNTY contain accurate and reliable information; and; 6. Whether all of the activities of the Project program are conducted in compliance with the provisions of Federal and State laws and regulations and this AgreementAGREEMENT. I. K. Visits by the County COUNTY to the Project shall be announced to the City CITY in advance of those visits and shall occur during normal operating hours. The representatives of the County COUNTY may request, and, if such a request is made, shall be granted, access to all of the records of the City CITY which relate to the Project. The representatives of the County COUNTY may, on occasion, interview recipients subgrantees of the housing services of the Project who consent to be interviewed. J. L. At any time during normal business hours, the City's CITY’S records with respect to the Project shall be made available for audit, examination and review by the CountyCOUNTY, 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. K. M. Subject to NRS Chapters 41 and 354, the City CITY will protect, defend, indemnify, and save harmless the County 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 the CityCITY, its officers, or employees, in connection with, or arising out of any activities undertaken pursuant to this AgreementAGREEMENT. The City's CITY’S obligation to protect, defend, indemnify, and save harmless as set forth in this paragraph shall include any (i) reasonable and all attorneys' fees incurred by the County 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 (ii) reasonable all attorneys' fees and investigation expenses incurred by the County COUNTY in enforcing or obtaining compliance with the provisions of this AgreementAGREEMENT. L. The City N. CITY will not use any HOME Program funds or resources which are supplied by the County COUNTY in litigation against any person, natural or otherwise, or in its own defense in any such litigation. The City CITY agrees to notify the County COUNTY of any legal action which is filed by or against it relative to the Project. M. This Agreement will commence upon its approval and signature O. AAHTF money allocated by all parties. The City agrees COUNTY to commit and expend FY2018/2019 HOME funds allocated CITY under this Agreement in a way such that the City's balance of uncommitted fundsAGREEMENT must be committed by CITY to specific projects prior to March 1, including Program Income2023 and used prior to June 30, 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 deducted from the formula share allocation for the new year’s award, thereby limiting the City's total amount of uncommitted funds to (4) four Program Years. The amount of the City's uncommitted funds is determined in accordance with the provisions of the July 5, 2017 Interlocal Cooperative Agreement2025. N. P. If, after the deadline referred of June 30, 2025, CITY is unable to in expend the July 5, 2017 Interlocal Cooperative Agreement, the City and/or the County anticipate the total amount of funds AAHTF money allocated for by COUNTY to CITY under this Agreement will not be expended AGREEMENT in the time and manner prescribed in this AgreementAGREEMENT, the County COUNTY reserves the right to extract that portion for other projects/programs operated under the County's COUNTY'S HOME Programor AAHTF programs. O. The City Q. 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 improperly to improperly influence a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that position. P. The City R. CITY agrees that no officer or employee of the City 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. Q. The City S. CITY agrees that no officer or employee of the City CITY may participate as an agent of the City CITY in the negotiation or execution of any contract between the City CITY and any private business in which he or she has a financial interest. R. The City T. CITY agrees that no officer or employee of the City CITY may suppress any report or other document because it might tend to affect unfavorably his private financial interests. S. The City 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. T. The City V. CITY, and any subgrantee, shall be bound by all State county ordinances and Federal state and federal statutes, conditions, regulations regulations, and assurances which are applicable to the entire HOME Program AAHTF program or are required by HUD, the CountyNHD, or any combination thereof. U. The Consolidated and Further Continuing Appropriations Act . W. Any material breach of 2012 (P.L 112-55) imposed new requirements on projects that receive FY 2012 HOME funds. The HOME Final Rule (as amendedthis section may, July 24in the discretion of COUNTY, 2013) incorporated these provisions and others. The purpose result in forfeiture of these requirements is all unexpended Trust Funds received by CITY pursuant to improve project and developer selection and ensure that there is adequate market demand 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 projects receiving FY 2012 HOME funds and future HOME projects. The City agrees any of the work 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 performed pursuant to the County any HOME funds invested in projects that are not completed within four years Project during the period of the commitment dateservice of such officer, as provided employee or agent, 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 Citythereafter. 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 the developer being funded, and examined the neighborhood 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, that these actions have been taken for each project. 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 construction completion to a HOME-assisted rental unit. 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 Y. CITY shall maintain reasonable security measures to protect records containing personal information, as defined in NRS 603A.040, information from unauthorized access, acquisition, destruction, use, modification or disclosuredisclosure 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.

County General Conditions. A. The City has requested the financial support of the County that is provided for in this Agreement in order to enable the City to provide affordable housing services. The County shall have no relationship whatsoever with the services provided, except the provision of financial 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, the City shall be an independent contractor only. B. The City shall obtain any and all federal, state, and local permits and licenses required of the City to execute HOME qualified Projects as defined in the HOME program regulations (24 CFR 92). The City further agrees to abide by all applicable federal, state, and local codes, regulations, statutes, ordinances, and laws. C. The City will provide the Manager of Community Resources Management Unit ("CRM") with unduplicated client usage records 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; 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. Number of clients who report a Hispanic ethnicity; 4. Number and percentage of Low and Moderate Income clients as defined by HUD HOME Program - Income Guidelines (Exhibit "A"); 5. Number of disabled clients served; 6. Number of senior citizens served; 7. Number of female heads-of household served; 8. Number of renter households served, and rent charged HOME Program – Rent Limit guidelines (Exhibit "B"); 9. Number of owner households served; and 10. Monthly rent paid by each household served. D. The City will not use any portion of the allocated HOME funds for other than HOME qualified Projects, as defined in the HOME program regulations (24 CFR 92). Any subgrantee of these funds must meet the HOME Program requirements and serve eligible low-income residents. E. If the qualified HOME Projects or activities, or any portion thereof, are converted to non-qualified HOME Projects or activities, the City shall, upon the request of the County, repay to the County, without interest, the amount of HOME Program funds expended on the non- qualified Project. The City shall require reasonable assurances of security for terms of affordability and repayments in the form of a recorded deed of trust for such property, pursuant to 24 CFR 92.252 and 92.254, and which the City shall cause to be executed as part of providing applicable assistance. A sale, transfer, or other conveyance of the assisted property is subject to the requirement that the amount of HOME funds previously invested in the property be treated in accordance with 24 CFR Part 92.503. F. The City may subcontract any portion of the rehabilitation of the affordable housing units. Any subcontractor or assignee must meet 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 City assumes responsibility for procurement by selecting the contractor and negotiating the price, 24 CFR Part 85 will be applicable. G. The City shall insure that homeowner recipients of HOME funds provide a copy of their Homeowners Insurance, and that owners of HOME assisted rental properties provide Comprehensive Fire and Hazard insurance covering the full replacement costs of the structure. H. The City shall allow duly authorized representatives of the County to conduct such occasional reviews, audits and on-site monitoring of the Project as the County deems to be appropriate in order to determine: 1. Whether the objectives of the Project are being achieved; 2. Whether the 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 Project; 4. Whether the financial operations of the Project are being conducted properly; 5. Whether the periodic reports to the County contain accurate and reliable information; and 6. Whether all of the activities of the Project are conducted in compliance with the provisions of Federal laws and regulations and this Agreement. I. Visits by the County to the Project shall be announced to the City in advance of those visits and shall occur during normal operating hours. The representatives of the County may request, and, if such a request is made, shall be granted, access to all of the records of the City which relate to the Project. The representatives of the County may, on occasion, interview recipients of the housing services of the Project who consent to be interviewed. J. At any time during normal business hours, the City's records with respect to the Project shall be made available for audit, examination examination, and review by the 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. K. Subject to NRS Chapters 41 and 354, the 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 but not limited to claims for contribution or indemnification for injuries to or death of any person or persons, caused by the City, its officers, or employees, in connection with, or arising out of any activities undertaken pursuant to this Agreement. The City's obligation to protect, defend, indemnify, and save harmless as set forth in this paragraph shall include any (i) reasonable attorneys' fees incurred by 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 (ii) reasonable attorneys' fees and investigation expenses incurred by the County in enforcing or obtaining compliance with the provisions of this Agreement. L. The City will not use any HOME Program funds supplied by the County in litigation against any person, natural or otherwise, or in its own defense in any such litigation. The City agrees to notify the County of any legal action which is filed by or against it relative to the Project. M. This Agreement will commence upon its approval and signature by all parties. The City agrees to commit and expend FY2018/2019 FY2019/2020 HOME funds allocated under this 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 deducted from the formula share allocation for the new year’s award, thereby limiting the City's total amount of uncommitted funds to (4) four Program Years. The amount of the City's uncommitted funds is determined in accordance with the provisions of the July 5, 2017 Interlocal Cooperative Agreement. 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 funds allocated for this Agreement will not be expended in the time and manner prescribed in this Agreement, the County reserves the right to extract that portion for other projects/programs operated under the County's HOME Program. O. The City agrees that no officer or employee of City may seek or accept any gifts, service, favor, employment, engagement, emolument emolument, or economic opportunity which would tend to improperly influence a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that position. P. The City agrees that no officer or employee of 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. Q. The City agrees that no officer or employee of the City may participate as an agent of the City in the negotiation or execution of any contract between the City and any private business in which he or she has a financial interest. R. The City agrees that no officer or employee of the City may suppress any report or other document because it might tend to affect unfavorably his private financial interests. 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. T. The City shall be bound by all State and Federal statutes, conditions, regulations regulations, and assurances which are applicable to the entire HOME Program or are required by HUD, the 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. 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 the developer being funded, and examined the neighborhood 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, that these actions have been taken for each project. 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 construction completion to a HOME-assisted rental unit. 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, as defined in NRS 603A.040, from unauthorized access, acquisition, destruction, use, modification modification, or disclosure.

County General Conditions. A. The City CITY has requested the financial support of the County COUNTY that is provided for in this Agreement AGREEMENT in order to enable the City CITY to provide affordable housing services. The County COUNTY shall have no relationship whatsoever with the services provided, except the provision of financial 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 COUNTY may be claimed or found to exist, the City CITY shall be an independent contractor only. B. The City CITY shall obtain any and all federal, state, and local permits and licenses required of the City CITY to execute HOME qualified Projects as defined in the HOME program regulations (24 CFR 92). The City CITY further agrees to abide by all applicable federal, state, and local codes, regulations, statutes, ordinances, and laws. C. The City CITY will provide the Manager of Community Resources Management Unit ("CRM") with unduplicated client usage records 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; 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. Number of clients who report a Hispanic ethnicity; 4. Number and percentage of Low and Moderate Income clients as defined by HUD HOME Program - Income Guidelines (Exhibit "A"); 5. Number of disabled clients served; 6. Number of senior citizens served; 7. Number of female heads-of household served; 8. Number of renter households served, and rent charged HOME Program – Rent Limit guidelines (Exhibit "B"); 9. Number of owner households served; and 10. Monthly rent paid by each household served D. The City CITY will not use any portion of the allocated HOME funds for other than HOME qualified Projects, as defined in the HOME program regulations (24 CFR 92). Any subgrantee of these funds must meet the HOME Program requirements and serve eligible low-income residents. E. If the qualified HOME Projects or activities, or any portion thereof, are converted to non-non- qualified HOME Projects or activities, the City CITY shall, upon the request of the CountyCOUNTY, repay to the CountyCOUNTY, without interest, the amount of HOME Program funds expended on the non- qualified Project. The City CITY shall require reasonable assurances of security for terms of affordability and repayments in the form of a recorded deed of trust for such property, pursuant to 24 CFR 92.252 and 92.254, and which the City CITY shall cause to be executed as part of providing applicable assistance. A sale, transfer, or other conveyance of the assisted property is subject to the requirement that the amount of HOME funds previously invested in the property be treated in accordance with 24 CFR Part 92.503. F. The City CITY may subcontract any portion of the rehabilitation of the affordable housing units. Any subcontractor or assignee must meet 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 City CITY assumes responsibility for procurement by selecting the contractor and negotiating the price, 24 CFR Part 85 will be applicable. G. The City CITY shall insure ensure that homeowner recipients of HOME funds provide a copy of their Homeowners Insurance, and that owners of HOME assisted rental properties provide Comprehensive Fire and Hazard insurance covering the full replacement costs of the structure. H. The City CITY shall allow duly authorized representatives of the County COUNTY to conduct such occasional reviews, audits and on-site monitoring of the Project as the County COUNTY deems to be appropriate in order to determine: 1. Whether the objectives of the Project are being achieved; 2. Whether the 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 Project; 4. Whether the financial operations of the Project are being conducted properly; 5. Whether the periodic reports to the County COUNTY contain accurate and reliable information; and 6. Whether all of the activities of the Project are conducted in compliance with the provisions of Federal laws and regulations and this AgreementAGREEMENT. I. Visits by the County COUNTY to the Project shall be announced to the City CITY in advance of those visits and shall occur during normal operating hours. The representatives of the County COUNTY may request, and, if such a request is made, shall be granted, access to all of the records of the City CITY which relate to the Project. The representatives of the County COUNTY may, on occasion, interview recipients of the housing services of the Project who consent to be interviewed. J. At any time during normal business hours, the City's CITY'S records with respect to the Project shall be made available for audit, examination and review by the CountyCOUNTY, 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. K. Subject to NRS Chapters 41 and 354, the City CITY will protect, defend, indemnify, and save harmless the County 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 the CityCITY, its officers, or employees, in connection with, or arising out of any activities undertaken pursuant to this AgreementAGREEMENT. The City's CITY'S obligation to protect, defend, indemnify, and save harmless as set forth in this paragraph shall include any (i) reasonable attorneys' fees incurred by the County COUNTY in the defense or handling of said suits, demands, judgments, liens and claims resulting from the actions of the CityCITY, its officers, or employees undertaken pursuant to this agreement AGREEMENT and (ii) reasonable attorneys' fees and investigation expenses incurred by the County COUNTY in enforcing or obtaining compliance with the provisions of this AgreementAGREEMENT. L. The City CITY will not use any HOME Program funds supplied by the County COUNTY in litigation against any person, natural or otherwise, or in its own defense in any such litigation. The City CITY agrees to notify the County COUNTY of any legal action which is filed by or against it relative to the Project. M. This Agreement will commence upon its approval and signature by all parties. The City CITY agrees to commit and expend FY2018/2019 FY2021/2022 HOME funds allocated under this Agreement AGREEMENT in a way such that the City's CITY'S balance of uncommitted funds, including Home Program Incomeincome, does not exceed the sum of the formula share allocations of the previous three (3) three years plus the estimated formula share allocation for the forthcoming year, except when the City CITY demonstrates that any lack of timeliness has resulted from factors beyond the City's CITY'S reasonable control. Any uncommitted funds exceeding this amount will be deducted from the formula share allocation for the new year’s award, thereby limiting the City's CITY'S total amount of uncommitted funds to four (4) four Program Years. The amount of the City's CITY'S uncommitted funds is determined in accordance with the provisions of the July 57, 2017 2020 Interlocal Cooperative Agreement. N. If, after the deadline referred to in the July 57, 2017 2020 Interlocal Cooperative Agreement, the City CITY and/or the County COUNTY anticipate the total amount of funds allocated for this Agreement AGREEMENT will not be expended in the time and manner prescribed in this AgreementAGREEMENT, the County COUNTY reserves the right to extract that portion for other projects/programs operated under the County's COUNTY'S HOME Program. O. The City 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 to improperly influence a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that position. P. The City CITY agrees that no officer or employee of the City 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. Q. The City CITY agrees that no officer or employee of the City CITY may participate as an agent of the City CITY in the negotiation or execution of any contract between the City CITY and any private business in which he or she has a financial interest. R. The City CITY agrees that no officer or employee of the City CITY may suppress any report or other document because it might tend to affect unfavorably his private financial interests. S. The City 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. T. The City CITY shall be bound by all State and Federal statutes, conditions, regulations and assurances which are applicable to the entire HOME Program or are required by HUD, the CountyCOUNTY, 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 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 CITY will repay to the County 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 CITY anticipates that a project may not be completed within the four year period, the City CITY will provide to the County 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 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 CityCITY. 2. The City CITY will only commit HOME funds to a project after it has underwritten the project, assessed the developer capacity and fiscal soundness of the developer being funded, and examined the neighborhood market conditions to ensure that there is an adequate need for the HOME project. The City CITY will certify prior to the time HOME funds are committed, that these actions have been taken for each project. 3. The City CITY must convert any FY 2012 and later HOME homeownership units that have not been sold to an eligible homebuyer within six months of construction completion to a HOME-assisted rental unit. 4. The City 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 CITY shall maintain reasonable security measures to protect records containing personal information, as defined in NRS 603A.040, from unauthorized access, acquisition, destruction, use, modification or disclosure.