#07 - CDBG Cooperative Agreement

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VI. SPECIAL PROVISIONS A. Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the right of the Cooperating Community or the County to submit individual applications for discretionary funds in the event County does not receive designation as an urban county entity under the Act. B. In the event that there is a revision of the Act and/or Regulation which would make this Agreement out of compliance with the Act or Regulation, both parties will review this Agreement and renegotiate those items necessary to bring the Agreement into compliance. C. Both parties understand and agree that the refusal to renegotiate this Agreement in order to bring it into compliance will void any renewal of the Agreement for subsequent qualification periods. D. All funds received by the county under the Act shall be deposited in the County treasury. E. The Cooperating Community and the County shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulation. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. F. The Cooperating Community and the County agree to make available all records and accounts with respect to matter covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three years from the date of completion of any activity funded under the Act or less than three years from the last receipt of program income resulting from activity implementation. The County shall perform all audits of the basic grant amounts and resulting program income as required under the Act and Regulation. The participating municipalities and the County shall maintain and share between themselves all the necessary and sufficient records for review and audit that pertain to the implementation of the activities described herein, and as required by HUD. G. Pursuant to 24 CFR 570.501(b), the parties mutually agree that the Cooperating Community is subject to the same requirements appliable to the subrecipients, including the requirement of a written agreement described in 24 CFR 570.503 and 2 CFR part 200 H. Both the County and Cooperating Community must take all actions necessary to assure compliance with the County’s certification under Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR Part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will comply with the obligation to affirmatively further fair housing. The Parties shall comply with Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR Part 8, Title II of the Americans with Disabilities Act of 1974, and the implementing regulations at 28 CFR Part 35, the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR Part 146, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws and regulations. The Parties agree that Urban County funding in no event will be used for activities in, or in support of, any cooperating unit of general local government that impedes the County's actions to comply with the County's fair housing certification and duty to affirmatively further fair housing. This provision is required because noncompliance by a Cooperating Community may constitute noncompliance by County that can, in turn, provide cause for funding sanctions or other remedial actions by the Department.