Local Authority stating in proper detail the purpose for which such withdrawal is made. (e) If the Local Authority (1) in the determination of the Government, is in Substantial Default, or (2) makes or has made any fraudulent or willful misrepresentation of any material fact in any of the documents or data submitted to the Government pursuant to this ACC or in any document or data submitted to the Government as a basis for this ACC or as an inducement to the Government to enter into this ACC, the Government shall have the right to require any bank or other depositary which holds any monies of the General Fund, to refuse to permit any withdrawals of such monies; Provided, however, that upon the curing of such Default the Government shall promptly rescind such requirement. 2.15. Pooling of funds under special conditions and revolving fund. (a) The Local Authority may deposit under the terms of the General Depositary Agreement monies received or held by the Local Authority in connection with any other housing project developed or operated by the Local Authority pursuant to the provisions of any contract for annual contributions, administration, or lease between the Local Authority and the Government. (b) The Local Authority may also deposit under the terms of the General Depositary Agreement amounts necessary for current expenditures of any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest; Provided, however, that such deposits shall be lumpsum transfers from the depositaries of such other projects or enterprises, and shall in no event be deposits of the direct revenues or receipts of such other projects or enterprises. (c) If the Local Authority operates other projects or enterprises in which the Government has no financial interest, it may from time to time, withdraw such amounts as the Government may approve from monies on deposit under the General Depositary Agreement for deposit in and disbursement from a revolving fund provided for the payment of items chargeable in part to the Projects and in part to other projects or enterprises of the Local Authority; Provided, however, that all deposits in such revolving fund shall be lump sum transfers from the depositaries of the related projects or enterprises and shall in no event be deposits of the direct revenues or receipts. (d) The Local Authority may establish petty cash or change funds in reasonable amounts, from monies on deposit under the General Depositary Agreement. (e) In no event shall the Local Authority withdraw from any of the funds or accounts authorized under this Section 2.15 amounts for the Projects or for any other project or enterprise in excess of the amount then on deposit in respect thereto. 2.16. Assignment of Interest in project to government; continuance of annual contributions. Upon the occurrence of a Substantial Default (as herein defined) with respect to any Project the Local Authority shall, if the Government so requires, assign to the Government all of its rights and interests in and to the Project, or such part thereof as the Government may specify, and the Government shall continue to pay Annual Contributions with respect to dwelling units covered by Housing Assistance Payments Contracts in accordance with the terms of this ACC until reassigned to the Local Authority. After the Government shall be satisfied that all defaults with respect to the Project have been cured and that the Project will thereafter be operated in accordance with the terms of this ACC, the Government shall reassign to the Local Authority all of the rights and interests of the Government in and to the Project as such rights and interests exist at the time of such reassignment. 2.17. Remedies not exclusive and nonwaivers of remedies. Any remedy provided for herein shall not be exclusive or preclude the Owner, LHA and/or the Government from exercising any other remedy available under this ACC or under any provisions of law, nor shall any action taken in the exercise of any remedy be deemed a waiver of any other rights or remedies available to such parties. Failure on the part of any such party to exercise any right or remedy shall not constitute a waiver of that or any other right or remedy, nor operate to deprive the party of the right thereafter to take any remedial action for the same or any subsequent default. 2.18. Interest of members, officers, or employees of local authority, members of local governing body, or other public officials. (a) Neither the Local Authority nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, in connection with any Project, in which any member, officer, or employee of the Local Authority, or any member of the governing body of the locality in which the Project is situated, or any member of the governing body of the locality in which the Authority was activated, or any other public official of such locality or localities who exercises any responsibilities or functions with respect to the Project during his tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee of the Local Authority, or any such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the be purpose of making housing assistance pay- terest, and isclosed to sclosure is Local Auh the prior y waive the subsection; uch present of the Local ate in any relating to rrangement. insert in all nection with included or Project, and insert in each ng provisions: ployee of the of the governch the Project the governing Annual Whereas, the LHA has entered into an the Local Auo other public calities who exɔnsibilities with g his tenure or all have any inthis contract or oregoing subsecection 2.18 shall neral Depositary ice the rates for led by a govern of or delegate to or delegate to the ates of America or all be admitted to is ACC or to any therefrom. Now therefore, the parties hereto agree as follows: CON PART I 1.1. The rehabilitation. The rehabilitated housing shall be in accordance with Exhibit "A". The Owner shall be solely responsible for completion of the rehabilitation and nothing contained in this Agreement shall create or affect any relationship between the LHA and the lender or any contractors or subcontractors employed by the Owner in the completion thereof. T TO ENTER INTO rate and politic, order and by virtue of State of 1.2. Time for completion. a. The rehabilitation shall be completed in accordance with section 1.4 no later than~~~days after the date of this Agreement or in stages as provided for in Exhibit “E”, which identifies the units comprising each stage and the dates for commencement and completion of each stage. Where completion in stages is provided for, all references to completion shall be deemed to refer to completion of all the units and/or completion of any stage, as appropriate. proposes to complete bilitation of certain in the Owner's apl, including any apattached hereto as The Owner agrees that no later than 19-, the work will be commenced and diligently continued. The LHA reserves the right to cancel this Agreement, subject to Government approval, in the event the work is not commenced and/or diligently continued as aforesaid. and the LHA propose using Assistance Payontract") which is atxhibit "B", upon the rehabilitation, for the b. In the event that there is delay in the completion due to strikes, lockouts, labor union disputes, fire, unusual delay in transportation, unavoidable casualties, weather, acts of God, or any other causes beyond the Owner's control, or by delay authorized by the LHA, the time for completion shall be extended to the extent that completion is delayed due to one or more of these causes. 1.3. Changes during rehabilitation. The LHA, with Government approval, may reduce the rents payable to the Owner if deviations from Exhibit "A" alter the design or quality or other basis for approval of the otherwise provided in the Con ocal Authority has inspected or be inspected, pursuant to section II of this ACC, within one year e making of such housing assist-nts. wing the end of each Fiscal Year, Authority shall promptly pay to ment, unless other disposition is the Government, the amount, hich the total amount of periods during the Fiscal Year exceeds mount of the Annual Contribue for such Fiscal Year in accordis Section. year. The Fiscal Year for the 1 be the Fiscal Year established 3 of this ACC; provided, howevfirst Fiscal Year for the Project period beginning with the comof leasing (i.e., the first day of n which the first unit is leased le Family) and ending on the said established Fiscal Year less than 12 months after comof such leasing. If the first exceeds 12 months, the maxi1 Contribution in section 1.3(a) sted by the addition of the pro applicable to the period of opcess of 12 months. of annual contributions conACC shall remain in effect so Housing Assistance Payments s (are) in effect; Provided, howno case may this ACC exceed m the beginning of the first for and local government appromaking of this ACC and the by the Government of the ributions as herein provided - approved on List No. ibutions Contracts. verning Body of the locality in elling units are to be located the application of section 23 the locality by resolution or y adopted on 19-. es of required annual contribucal Authority shall from time E to the Government estimates nnual contributions at such such form as the Government All estimates and any revisions tted under this Section shall Government approval. tive fair housing marketing he Local Authority shall reer to comply with the Affirmusing Marketing Regulation exemptions therein), includsion for Government approvmative Fair Housing Marketcompliance with such ap proved Plan, as if the Owner were expressly subject to said Regulation. 1.9 Equal employment opportunity. (a) The Local Authority shall incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is to be performed pursuant to this contract, the following Equal Opportunity clause: Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, creed, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, creed, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Authority setting forth the provisions of this Equal Opportunity clause. (2) The contractor will in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, creed, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Local Authority advising the said labor union or workers' representative of the contractor's commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Government and the Secre rules, reg estigation by the Government or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. ctor's non any of the 1.10 Expeditious carrying out of project. pportunity The Local Authority shall proceed expedi tiously with the Project. If the Local Authority fails to proceed expeditiously, and no Agreement with the Owner has yet been entered into, the Government by notice to the Local Authority, may terminate or reduce its obligation hereunder with respect to the Project. If an Agreement has been entered into, and the Local Authority or the Owner is not proceeding expeditiously with the Project, the Government will take aple, regulation, propriate action, including the Governmental action provided for in the Agreement. s, this conted, or susthe contracfor further ocedures auNo. 11246 of other sancedies invoked r No. 11246 of abor or as oth ide the portion tely preceding visions of Paraery subcontract xempted by the of the Secretary o section 204 of of September 24, ns will be binding or vendor. The ction with respect chase order as the as a means of enncluding sanctions ded, however, That r becomes involved h, litigation with a as a result of such nment, the contracited States to enter protect the interests 1.11 Failure of local authority to comply ity agrees that it will ctively with the Govetary of Labor in obce of contractors and he Equal Opportunity regulations, and releecretary of Labor, that overnment and the Sech information as they le supervision of such t it will otherwise assist the discharge of the ary responsibility for se Authority further agrees (b) All rights and obligations of the Local Authority assumed by the Government will be returned as constituted at the tine of such return (i) when the Government is satisfied that all defaults have been cured and that the Contract will thereafter be administered in accordance with its terms and the terms of this Annual Contributions Contract, or (ii) when the Housing Assistance Payments Contract is at an end, whichever from entering into any ct modification subject to To. 11246 of September 24, tractor debarred from, or monstrated eligibility for, tracts and Federally assistcontracts pursuant to the and will carry out such enalties for violation of the nity clause as may be imtractors and subcontractors occurs sooner. (c) The provisions of this Section 1.11 are made with, and for the benefit of the Owner or his assignees who will have been specifically approved by the Government prior to such assignment. To enforce the performance of this provision the Owner and such assignees, as well as the Local Authority, shall have the right to proceed against the Government by suit at law or in equity. Local Authority, by:- PART II -income housing use. The Local shall use the Annual Contribuly for the purpose of providing fe, and sanitary dwellings for famw income, hereinafter further de"amilies." finitions-(a) Families; Elderly term "Elderly Families" means hose heads (or their spouses), or members, have attained the age n individual may elect to receive benefit under Title II of the rity Act (42 U.S.C. 301, et seq.); er a disability as defined in secthat Act; or are handicapped meaning of section 202 (12 U.S.C. the Housing Act of 1959, as erm "Displaced Families" means isplaced by urban renewal or rnmental action, or Families ent or former dwellings are situs as determined by the Governe been affected by a natural dishich have been extensively damroyed as the result of such dis t receipts and project expendiroject Receipts" with respect to shall mean the Annual Contriable hereunder and all other re', accruing to the Local Authoriof, or in connection with such t Expenditures" with respect to shall mean all costs allowable n 1.3, Part I of this ACC with ch Project. =tial default. For the purpose of ubstantial Default is defined to -rence of any of the following Local Authority defaults in the r performance of the provisions = or he Local Authority violates or bly with any provisions of the istance Payments Contract or rm any of its obligations under t, or (b) such Contract at any to be void, voidable, or ultra Dower or right of the Local Auer into such Contract is drawn in any legal proceeding, or (c) thority asserts or claims that t is not binding upon it for any reason, or otherwise asserts or demonstrates that it does not intend to fulfill its obligations under such Contract; or (3) If the Local Authority fails or refuses to honor any duly issued Certificate of Family Participation in accordance with its terms; or (4) If the Local Authority fails to comply with the requirements of sections 2.8, 2.9, 2.10, or 2.11; or (5) If there is any default by the Local Authority in the performance or observance of any term, covenant, or condition of this ACC other than the defaults enumerated in subsections (1) through (4) of this paragraph (c) and if such default has not been remedied within a reasonable time, not to exceed thirty days, after the Government has notified the Local Authority thereof. 2.3 Maximum income limits and rents. (a) Subject to the approval of the Government, the Local Authority shall fix income limits for eligibility and rents after taking into consideration: (1) The Family size, composition, age, physical handicaps, and other factors which might affect the rent-paying ability of the family, and (2) The economic factors which affect the financial stability and solvency of the Projects. (b) Income limits shall restrict eligibility to Families (as defined in section 2.2) and shall assure the financial solvency of the Projects. Income limits and rents as fixed by the Local Authority shall meet the requirements of applicable local law. (c) The Local Authority shall submit to the Government for its approval a schedule or schedules of income limits and rents, together with such supporting data and documents as the Government may require. (d) The Local Authority may at any time review and revise such schedules, and shall review and revise such schedules if the Government determines that changed conditions in the locality make such revisions necessary in achieving the purposes of the Act. 2.4 Admission policies. (a) The Local Authority shall duly adopt and promulgate, by publication or posting in a conspicuous place for examination by prospective tenants, regulations establishing its policies for the issuance of Certificates of Family Participation. Such regulations must be reasonable and give full consideration to its public responsibility for rehousing Displaced Families, to the applicant's status as a serviceman or veteran or relationship to a serviceman or veteran or to a disabled serviceman or veteran and to the applicant's age or disability, housing conditions, urgency of housing need, and source of income, and shall accord to Families consisting of two or more persons such priority over Families consist |