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• in .42 CFR 507.102(b). The COUNTY shall develop these ratios based upon <br /> data to be furnished by HUD. The .COUNTY assumes no duty to gather...such_ - _ <br /> data independently and assumes no liability for any errors in the data <br /> furnished by HUD. <br /> In the event that CITY cannot commit, expend, does not apply for <br /> or cannot qualify for a community development block grant, or a portion <br /> thereof, COUNTY will within 60 days of the annual grant approval date, <br /> conduct a public hearing to reallocate the unexpended or unallocated grant <br /> funds to a Planning Area Contingency account. The reallocation will in- <br /> clude funds pursuant to Article IV paragraph A. 3. of this Agreement. <br /> COUNTY will inform each participating community of their Planning <br /> Area's Discretionary Grant account balance and will provide the opportunity <br /> to CITY to make application for all or a portion of the funds. <br /> All requests .for Planning Area Contingency account funds shall be <br /> submitted according to a COUNTY established application process and in a <br /> form prescribed by. COUNTY. <br /> VI. SPECIAL PROVISIONS <br /> Nothing in this Agreement shall be construed to prevent or <br /> otherwise modify or abrogate the right of CITY or COUNTY to. submit indivi- <br /> dual applications for discretionary funds in the event- COUNTY _does not <br /> receive designation- as- an urban countyunder the Act. <br /> • ' CITY and COUNTY mutually agree to indemnify and hold harmless <br /> each ,other .from any claims , losses, costs, expenses or damages resulting <br /> from the acts or omissions of their respective officers, ,agents and <br /> employees relating to activities conducted by either under this Agreement, <br /> the Act or the regulations. <br /> In the event there is a revision of the Act and/or Regulations <br /> which would make this Agreement out of compliance with the Act. and/or <br /> Regulations; both parties will review this Agreement and renegotiate those <br /> items necessary. to bring the Agreement into compliance. <br /> Both parties understand and agree that the refusal to renegotiate <br /> this Agreement will result in the effective termination of the Agreement <br /> as of the date it is no longer in .compliance with the Act and/or Regulations. <br /> VII. FINANCIAL MATTERS <br /> Reimbursement to the CITY for expenditures from implementation <br /> of activities funded under the Act shall be made upon receipt by the COUNTY <br /> of Summary of Project Disbursement form Hennepin County Warrant Request, <br /> and supporting documentation. <br /> All funds received by the COUNTY under the Act' as reimbursement <br /> for payment to the CITY for expenditure of local funds for activities <br /> funded under the-Act- shall be deposited in the County Treasury. <br /> CITY and COUNTY shall. maintain financial and other records and <br /> accounts in accordance with requirements of the Act and Regulations. Such <br /> records and accounts will be in such form as to permit reports required <br /> of the COUNTY to be prepared therefrom and to permit the tracing of grant <br /> funds and program income to final expenditure. <br /> CITY and COUNTY agree to make available all records and accounts <br /> with respect to matters covered by this Agreement at all reasonable times <br /> to their respective. personnel and. duly authorized federal officials. <br /> Such records shall be retained as provided by law, but in no event for a <br /> period of less than three years from the last receipt of program income <br /> resulting from activity implementation. COUNTY shall perform all audits <br /> of the basic grant amount and resulting program income as required under <br /> the Act and Regulations. <br /> All program income from activities funded in total or part from <br /> the basic grant amount received by CITY shall be returned to COUNTY. <br />