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SECTION V. SPECIAL PROVISIONS <br />A. Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the <br />right of the Cooperating Cornrnunity or the County to submit individual applications for <br />discretionary funds in the event County does not receive designation as an urban county <br />entity under the Act. <br />B. The Cooperating Community and the County mutually agree to indemnify and hold <br />harmless each other from any claims, losses, costs, expenses, or damages resulting from <br />the acts of omissions of their respective officers, agents, and employees relating to <br />activities conducted by either under this Agreement, the Act or the Regulations. <br />C. In the event that there is a revision of the Act and/or Regulation which would make this <br />Agreement out of compliance with the Act or Regulations, both parties will review this <br />Agreement and renegotiate those items necessary to bring the Agreement into <br />compliance. <br />D. All funds received by the County under the Act shall be deposited in the County treasury. <br />E. The Cooperating Cornrnunity and the County shall maintain financial and other records <br />and accounts in accordance with requirements of the Act and Regulations. Such records <br />and accounts will be in such form as to permit reports required of the County to be <br />prepared therefrom and to permit the tracing of grant funds and program income to final <br />expenditure. <br />F. The Cooperating Community and the County agree to make available all records and <br />accounts with respect to matters covered by this Agreement at all reasonable times to <br />their respective personnel and duly authorized federal officials. Such records shall be <br />retained as provided by law, but in no event for a period of less than (5) five years from <br />the date of completion of any activity fiinded under the Act or less than (5) five years <br />from the last receipt of program income resulting from activity implementation. The <br />County shall perform all audits of the basic grant amounts and resulting program income <br />as required under the Act and Regulation. <br />G. The county, as the CDBG grant recipient, either for the urban county or a joint recipient <br />(Metropolitan City/Urban County Joint Recipients) has full responsibility for the <br />execution of the community development program, for following its Consolidated Plan, <br />and for meeting the requirements of other applicable laws (e.g., National Environmental <br />Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act <br />of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of Title I of the <br />Housing and Cornrnunity Development Act of 1974, the Americans with Disabilities Act <br />of 1990, and for affirmatively furthering fair housing). The Counties responsibilities must <br />include these functions even where, as a matter of administrative convenience or State <br />law, the county permits the participation units of general local government to carry out <br />essential community development and housing assistance activities. The county will be <br />held accountable for the accomplisbtnent of the community development progr:un, for <br />4