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1 <br /> 11 <br /> Section 6: Procurement Procedures <br /> The Member will have written procurement procedures that reflect the procurement standards found at 2 <br /> C.F.R. §200.318- §200.326. The Member will use written contracts with all firms providing services for <br /> rehabilitation work or professional services under the Program. <br /> Section 7: Recapture of Funds. <br /> The Agency reserves the right to recapture the Subaward from the Subrecipient. Events of recapture <br /> include, but are not limited to, Subrecipient's failure to comply with the terms and conditions of this <br /> Agreement and the Agreement Documents or if the Agency deems, in its sole discretion, that Subaward <br /> funds were misused or misapplied by the Subrecipient. <br /> PART IX. Program Management <br /> Section 1: Program Guidelines <br /> The terms of the Agreement are subject, in all respects, to the ESFRLP17 Program Guidelines, and all <br /> defined terms used in this Agreement shall have the same meanings as used in the ESFRLP17 Program <br /> Guidelines. The Agency shall have the right from time to time, in its sole discretion, to amend all or any <br /> portion of the Program Guidelines for the purpose of providing for any and all modifications, updates, <br /> changes, amendments or supplements to applicable laws, regulations or Program changes. The Agency <br /> shall give the Member notice of such amendment not less than 30 days before the effective date of such <br /> amendment unless the Agency is obligated by law or regulation to implement such amendment in a shorter <br /> time period. <br /> In the event the Program Guidelines are revised, the Agency will forward such revisions to the Member <br /> and, thereby, make them a part of this Agreement. Failure of the Member to comply with the terms and <br /> conditions of the ESFRLP 17 Program Guidelines,as supplemented or amended shall be an event of default <br /> by the Member under this Agreement. <br /> Section 2: Program Documents <br /> Members must use loans to finance eligible repairs for participants. Each ESFRLP loan shall be evidenced <br /> by a promissory note. In order to secure the note,the Member shall require the execution and recordation <br /> of a lien (i.e. Deed of Trust) against a property being improved. The Agency shall provide prepared- <br /> standard deeds of trust and promissory notes and other ancillary loan documents to the Member. The <br /> Member is required to facilitate the loan closing, record the Deeds of Trust and submit the documents to ?'? <br /> the Agency in accordance with PG 4.5 &4.6. <br /> Additionally, Members must use grants to fund the soft costs (work write-ups, cost estimates, lead-based <br /> paint inspections, energy audits, pre-rehab unit inspections, etc.) associated with housing rehabilitation. <br /> The Member is responsible for facilitating the execution of the Agency-prepared Grant Agreement. <br /> Section 3: Member Responsibility <br /> (a) Members are responsible for Project Financial Administration as outlined in Section 3 of the <br /> ESFRLP17 Program Guidelines for compliance with the Loan Processing Requirements in Section 4 <br /> of the ESFRLP17 Program Guidelines. The Agency expects the Member to be active in the <br /> management and monitoring of the activity funded with the ESFRLP funds including ensuring <br /> Page 6 of 16 <br />