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Resolution 2000-047
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Resolution 2000-047
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respective officers, agents and employees relating to activities conducted by either under this Agreement, <br />the Act or the Regulation. <br />C. to 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 Regulation, both parties will review this Agreement and <br />renegotiate those items necessary to bring the Agreement into compliance. <br />D. Both parties understand and agree that the refusal to renegotiate this Agreement in order to <br />bring it into compliance will result in de facto termination of the Agreement as of the date it is no longer in <br />compliance with the Act and /or Regulation. <br />E. All funds received by the County under the Act shall be deposited in the County treasury. <br />F. The Cooperating Community and the County shall maintain financial and other records and <br />accounts in accordance with requirements of the Act and Regulation. Such records and accounts will be in <br />such form as to permit reports required of the County to be prepared therefrom and to permit the tracing of <br />grant funds and program income to final expenditure. <br />G. The Cooperating Community and the County agree to make available all records and accounts <br />with respect to matters covered by this Agreement at all reasonable times to their respective personnel and <br />duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a <br />period of less than three years from the date of completion of any activity funded under the Act or less than <br />three years from the last receipt of program income resulting from activity implementation. The County <br />shall perform all audits of the basic grant amounts and resulting program income as required under the Act <br />and Regulation. <br />H. Pursuant to 24 C.F.R. 570.501(6), the parties agree that the municipality is subject to the same <br />requirements applicable to subrecipients, including the requirement of written agreement described in 24 <br />C.F.R. 570.503. <br />I. The County and Cooperating Community shall take all actions necessary to assure compliance <br />with the County's certification required by section 104(b) of Title I of the Housing and Community <br />Development Act of 1974 as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing <br />Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable <br />laws. The parties also agree that the County shall not fund activities in or in support of, any Cooperating <br />Community that does not affirmatively further fair housing within its own jurisdiction or that impedes the <br />County's actions to comply with the County's fair housing certification. <br />J. The parties agree that the Cooperating Community has adopted and is enforcing: <br />I. A policy prohibiting the use of excessive force by law enforcement agencies within its <br />jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and <br />2. A policy of enforcing applicable state and local laws against physically barring entrance <br />to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations <br />within jurisdictions. <br />K. 42 U.S.C. & 12701 The Cooperating Community acknowledges that by executing this Agreement <br />it may not apply for grants from appropriations under the Small Cities or State Community Development <br />Block Grant Programs for fiscal years during the period in which it participates in the County's CDBG <br />Program. The Cooperating Community further acknowledges that during the period in which it participates <br />in the County's CDBG Program it may only participate in a HOME Program (42 U.S.C. § 12701 etseq. and <br />regulations promulgated thereto) through the County and is precluded from forming a HOME Consortium <br />for participation in the HOME Program, except through the County. <br />4 <br />3 <br />
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