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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> Applicant : Indian River County Board of Commissioners JX BARTON , CLERK <br /> Project : FL-509 - Ren - New Chronics 32960 <br /> FL0119C4H090802 <br /> (2 ) The financial management systems used by recipients under this program must provide <br /> for audits in accordance with the provisions of 24 CFR part 44 . Private nonprofit organizations <br /> who are subrecipients are subject to the audit requirements of 24 CFR part 45 . HUD may <br /> perform or require additional audits as it finds necessary or appropriate . <br /> ( b ) Conflict of interest. ( 1 ) In addition to the conflict of interest requirements in 24 CFR part <br /> 85 , no person who is an employee , agent, consultant, officer, or elected or appointed official of <br /> the recipient and who exercises or has exercised any functions or responsibilities with respect to <br /> assisted activities , or who is in a position to participate in a decisionmaking process or gain <br /> inside information with regard to such activities , may obtain a personal or financial interest or <br /> benefit from the activity, or have an interest in any contract , subcontract, or agreement with <br /> respect thereto , or the proceeds thereunder, either for himself or herself or for those with whom <br /> he or she has family or business ties , during his or her tenure or for one year thereafter. <br /> Participation by homeless individuals who also are participants under the program in policy or <br /> decisionmaking under Sec . 582 . 300 of this part does not constitute a conflict of interest . <br /> ( 2) Upon the written request of the recipient , HUD may grant an exception to the provisions of <br /> paragraph ( b ) ( 1 ) of this section on a case -by-case basis when it determine that the exception will <br /> serve to further the purposes of the program and the effective and efficient administration of the <br /> recipient' s project. An exception may be considered only after the recipient has provided the <br /> following : <br /> ( i ) For States , units of general local governments , PHAs and THAs , a disclosure of the nature <br /> of the conflict , accompanied by an assurance that there has been public disclosure of the conflict <br /> and a description of how the public disclosure was made ; and <br /> ( ii ) For all recipients , an opinion of the recipient's attorney that the interest for which the <br /> exception is sought would not violate State or local law . <br /> ( 3 ) In determining whether to grant a requested exception after the recipient has satisfactorily <br /> met the requirement of paragraph ( b ) (2 ) of this section , HUD will consider the cumulative effect <br /> of the following factors , where applicable : <br /> ( i ) Whether the exception would provide a significant cost benefit or an essential degree of <br /> expertise to the project which would otherwise not be available ; <br /> ( ii ) Whether the person affected is a member of a group or class of eligible persons and the <br /> exception will permit such person to receive generally the same interests or benefits as are <br /> being made available or provided to the group or class ; <br /> ( iii ) Whether the affected person has withdrawn from his or her functions or responsibilities , or <br /> the decisionmaking process with respect to the specific assisted activity in question ; <br /> ( iv) Whether the interest or benefit was present before the affected person was in a position <br /> as described in paragraph ( b ) ( 1 ) of this section ; <br /> (v) Whether undue hardship will result either to the recipient or the person affected when <br /> weighed against the public interest served by avoiding the prohibited conflict ; and <br /> (vi ) Any other relevant considerations . <br /> [58 FR 13892 , Mar. 15 , 1993 , as amended at 61 FR 5210 , Feb . 9 , 1996 ; 61 FR 51171 , Sept . 30 , <br /> 1996 ; 62 FR 13539 , Mar. 21 , 19971 <br /> Subpart E -Administration <br /> Consolidated Grant Agreement Page 20 03/08/2010 <br />