2009-110 Housing - XDS, Inc. - Rehab Program Agreement

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The resale provision shall remain in effect for the full affordability period - 99 years. VI. OWNER PERFORMANCE UNDER THIS AGREEMENT Owner agrees and authorizes the County and HUD to conduct on-site reviews, examine client and contractor records, client applications and to conduct any other procedures or practices to assure compliance with these provisions. Owner agrees to not violate any State or Federal laws, rules or regulations regarding a direct or indirect illegal interest on the part of any employee or elected official of the Owner in the Project or payments made pursuant to this Agreement. Owner agrees that to the best of its knowledge, neither the Project nor the funds provided therefore, and the personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. Owner shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and Circular A-122, "Cost Principles for Nonprofit Organizations," and OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions." Owner shall submit to the County copy of said audit report. Owner shall permit the authorized representatives of the County, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the Owner relating to its performance under the Agreement. County shall provide, upon request, copies of all laws, regulations and orders cited in this Agreement. Owner and County shall at all times observe and comply with Title 24 CFR Part 92 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement, and Owner shall perform all acts with responsibility to the County in the same manner as the County is required to perform all acts with responsibility to the Federal government. Owner hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with. respect to the acceptance and use of a previously HOME Project in accordance with the Act and the policies of the County as applicable to the HOME Program. Also, Owner certifies with respect to the Project that: 1. The Project will be conducted and administered in compliance with: