|
16
<br /> (p) There will be no religious activities conducted in connection with the performance of this Agreement
<br /> or the use of ESFRLP17 funds.
<br /> (q) The Member will not discriminate against any person employed in the performance of this
<br /> Agreement, or against any applicant for assistance under this Agreement because of race, sex, age,
<br /> creed, color, physical handicap or national origin. The Member will ensure that applicants for
<br /> ESFRLP17 assistance are processed, and that employees are treated during employment, without
<br /> regard to race, sex,age, creed, color,physical handicap or national origin.
<br /> (r) No employee, officer or agent of the Member shall participate in the selection, or in the award or
<br /> administration of a contract funded by this Agreement if a conflict of interest,real or apparent,would
<br /> be involved.
<br /> (s) Before ESFRLP 17 funds may be disbursed, any Member that is a non-profit organization must be in
<br /> compliance with General Statute 143C-6-23. This statute requires that the Member submit to the
<br /> Agency a notarized copy of the Member's policy addressing conflicts of interest that may arise
<br /> involving any Member's management staff, board of directors or other governing body. The policy
<br /> shall address situations where any of these individuals may directly or indirectly benefit, except in
<br /> their official capacity, from the disbursement of State funds, and shall include actions to be taken to
<br /> avoid conflicts of interest or the appearance of impropriety.
<br /> (t) Before ESFRLP17 funds are disbursed, any entity of local government will adopt, by resolution of
<br /> its board of directors,or other governing body, a notarized copy of the Member's Conflict of Interest
<br /> Policy. The policy must address situations that may arise involving any Member's employees,
<br /> management staff,board of directors,or other government body,where any of these individuals may
<br /> directly or indirectly benefit, except in their official capacity, from the disbursement of Subaward
<br /> funds, and shall include actions to be taken to avoid conflicts of interest or the appearance of
<br /> impropriety.
<br /> (u) No person providing consulting services in an employer-employee type relationship shall receive
<br /> more than reasonable compensation for personal services paid with ESFRLP17 funds. In no event,
<br /> however, shall such compensation exceed the limits in effect under the provisions of any applicable
<br /> statute. Such services shall be evidenced by written agreements between the parties which detail the
<br /> responsibilities, standards and compensation.
<br /> (v) ESFRLP17 funds may not be used to pay for administrative expenses (PG 2.2.4.3). The Member is
<br /> prohibited from charging servicing, origination, processing, inspection, or other fees for
<br /> administering the ESFRLP17,HOME-funded program, except as permitted by §92.214(b)(1).
<br /> Part XH. Termination
<br /> Should Member breach or fail to comply with any or part of the provisions or terms of this Agreement,
<br /> continue as a going concern, become insolvent, defunct, or commence bankruptcy proceedings, or should
<br /> any employee, agent, director officer or senior manager of Subrecipient engage in fraud, misconduct or
<br /> negligence or misappropriate any Funds, the Agency may terminate this Agreement, and all of its
<br /> obligations hereunder, immediately upon written notice, and the remaining Program Funds shall revert
<br /> immediately to the Agency. This applies to all terms and conditions of the Agreement at the time the
<br /> Agreement is signed and at any subsequent point if the status of the Subrecipient changes, including but
<br /> not limited to, the provisions that Subrecipients receiving these Funds shall not have been indicted or
<br /> employ those that have been indicted for a violation under Federal Law relating to an election for Federal
<br /> office.
<br /> Page 11 of 16
<br />
|