2010-121 RES APPROVING AN AGREEMENT WITH PARIS LIVING FOR ADMINISTRATION OF THE HOMEBUYER ASSISTANCE PROGRAM

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B. Notwithstanding anything in Section 18(A) to the contrary, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this contract. Administrator agrees to permit Department, or its authorized representative, to audit Administrator's records and to obtain any documents, materials, or infonnation necessary to facilitate such audit. C. Administrator understands and agrees that it shall be liable to Department for aily costs disallowed pursuant to financial and compliance audit(s) of funds received tinder this contract. Administrator fiirther understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Administrator from funds which were not provided or otherwise made available to Administrator under this contract. D. Administrator shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to this section as Department may require of Administrator. E. All approved HOME audit reports shall be made available for public inspection within thirty (30) days after completion of the attdit. SECTION 19. ENVIRONMENTAL CLEARANCE REQUIREMENTS A. The environmental effects of each activity carried out with funds provided under this contract must be assessed in accordance with the provisions of the HOME Manual, National Environmental Policy Act of 1969 (NEPA) and the related activities listed in HUD's implementing regulations at 24 C.F.R. Parts 50, 51, 55 and 58. Each such activity must have an environmental review completed and support documentation prepared complying with the National Environmental Policy Act of 1969 and regulations at 24 C.F.R. Parts 50, 51, 55 and Part 58. No funds may be requested or committed to an activity before the completion of the environmental review process, including the requirements of 24 C.F.R. §58.6 and the Department has provided written clearance. B. If funds are provided under this contract to a"state recipient," the recipient is delegated authority as the Responsible Entity (RE) and makes all environmental clearance determinations. The Department assumes the role of HUD pursuant to 24 CFR Part 58, "Subpart H- Release of Funds for Particular Projects" and is responsible far reviewing and approving the Request for Release of Funds and granting the recipient the Authority to Use Grant Funds. C. A non-governinental entity is not delegated authority to become an RE and make enviroumental deternlinations and therefore, shall assist Department in completing the environmental review by providing all relevant documentation needed to perform an environmental review, or carry out mitigating measures reqnired, or selecting an alternate property for assistance. D. Both state recipients and subrecipients or CHDOs must attend HOME training for environmental assessment. The assessments must be satisfactory to Department. This contract is conditional in nature and does not grant Administrator legal claim to any HOME fiinds for a specific project or site until the environmental review process is approved by Deparhnent. The agreement to provide filnds to the project is conditional on Departnlent's or Administi-ator's determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. HOME Contract # I 001224 Pnge I I oF21