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<br />5/05 <br /> <br />said program; <br /> <br />4. The funds received under this Agreement shall not be used to construct, rehabili- <br />tate, or restore any facility that is owned by SUBRECIPlENT and in which said program is to be <br />implemented; provided that, minor repairs may be made if such repairs (I) are directly related to <br />said program; (2) are located in a structure used exclusively for non-religious purposes and (3) <br />constitute in dollar terms only a minor portion of the federal fund expenditure for said program. <br /> <br />VI. CONDITIONS ON PROVISIONS OF DEVELOPMENT AND IMPLEMENTING <br />HOMELESS PREVENTION ACTIVITIES <br /> <br />In addition to, and not in substitution for, other provisions of this Agreement regarding <br />said program using federal funds, SUBRECIPlENT: <br /> <br />A. Represents that it is, or may be deemed to be, a Homeless Prevention Program [24 <br />CFR 576.2l(a)(4)] and will implement homeless prevention activities subject to the limitations <br />in 42 USC 11374(a)(4); <br /> <br />B. Agrees that, in connection with said program, if ESG funds are to be used to assist <br />families that have received eviction notices or notices of termination of utility services, the fol- <br />lowing conditions will be met: <br /> <br />1. The inability of the family to make the required payments must be the result of a <br />sudden reduction in income; <br /> <br />2. The assistance must be necessary to avoid eviction of the family or termination of <br />services to the family; <br /> <br />3. There must be a reasonable prospect that the family will be able to resume pay- <br />ments within a reasonable period of time; and <br /> <br />4. The assistance must not supplant funding for preexisting homeless prevention ac- <br />tivities from any other source. <br /> <br />VII. PROHIBITION OF NEPOTISM <br /> <br />SUBRECIPlENT agrees not to hire or permit the hiring of any person to fill a position <br />funded through this Agreement if a member of that person's immediate family is employed in an <br />administrative capacity by SUBRECIPlENT. For the purposes of this section, the term "imme- <br />diate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, <br />father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent <br />and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or <br />management responsibilities. <br /> <br />18 <br />