The memorandum of understanding establishes an agreement between the City of Mytown Department of Environment and the Mytown Housing Authority whereby: 1) The City will assume the role of responsible entity and perform all required environmental reviews for the Authority's projects in accordance with HUD and NEPA regulations. 2) The Authority will provide the City with necessary project information and reimburse the City for costs associated with the environmental reviews. 3) The initial term of the agreement is for [number of] years, after which it can be terminated by either party with appropriate notice.

1. Sample Memorandum of Understanding:
Intergovernmental Agreement Between the City of Mytown
by and through its Department of Environment
and Mytown Housing Authority*
*
An MOU can be made between a public housing authority (or a tribally designated housing entity) and a local, state
or tribal government that is authorized to assume HUD environmental responsibilities under 24 CFR Part 58.
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2. AGREEMENT
THIS AGREEMENT (“Agreement”) is made on [insert month, day, year] by and
between the Housing Authority of the City of Mytown, a public housing authority
(hereinafter referred to as the “Authority”) and the City of Mytown, a municipal
corporation (hereinafter refereed to as “City”).
WHEREAS, Authority is a public housing authority authorized under law to
undertake projects and/or activities for public housing development with federal financial
assistance; and
WHEREAS, such projects and activities receiving federal financial assistance are
subject to the policies of the National Environmental Policy Act of 1969 (“NEPA”) and
implementing regulations of the Council on Environmental Quality, including but not
limited to the regulations at 40 CFR Parts 1500-1508, and implementing regulations of
the U.S. Department of Housing and Urban Development (“HUD”), including but not
limited to HUD’s regulations at 24 CFR Parts 50 and Part 58; and
WHEREAS, pursuant to 24 CFR §58.2(a)(7)(ii)(B), where the recipient of federal
financial assistance is a public housing agency, a unit of general local government where
the project is located is authorized to assume environmental review obligations as the
Responsible Entity; and
WHEREAS, the City certifies that it is authorized to: (1) assume the
responsibility of HUD as the Federal decision making entity under NEPA and each
provision of law designated in the NEPA related laws in 24 CFR Part 58.5, and to accept
jurisdiction of the Federal courts for enforcement of the environmental responsibilities
applicable to any and all of the HUD assistance awarded to Authority; and (2) assume
HUD’s responsibility for environmental reviews, decision making and actions including
executing the certification portion of HUD’s Request for Release of Funds and
Certification for the subject Authority public housing grant program as set forth in 24
CFR Part 58.2(a)(7)(ii)(B); and
WHEREAS, for the purpose of expediting project development, Authority has
requested City to act as the Responsible Entity with respect to Authority’s projects for
which environmental review and decision-making is required; and
WHEREAS, upon the conditions and provisions set forth in this Agreement, City
is willing to so act as the Responsible Entity with respect to said projects.
NOW THEREFORE, in consideration of the mutual promises and the terms and
conditions set forth below, the Authority and City do hereby agree as follows:
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3. Article 1. INCORPORATION OF RECITALS
The recitals sets forth above are incorporated by reference as if fully set forth
herein and made a part hereof.
Article 2. DUTIES AND RESPONSIBILITIES
Section 2.01 City’s Duties/Services and Responsibilities
1. City will perform and/or manage all environmental reviews and prepare all
necessary documentation in support of the environmental record of decision
for all activities pursuant to the Authority’s projects and any accompanying
documents necessary to be submitted to HUD, in full compliance with:
a) HUD’s “Environmental Review Procedures for Entities Assuming
HUD Environmental Responsibilities”, (24 CFR Part 58);
b) Section 102 of NEPA;
c) Related provisions of the Council on Environment Quality regulations
contained in 40 CFR Parts 1500 through 1508; and
d) All other applicable Federal and State regulations.
2. Where appropriate and necessary in the environmental review process, City
will issue findings of no significant impact, findings of significant impact,
determine whether to hold public hearings, prepare records of decision, issue
notices of intent to request release of funds, and prepare requests for release of
funds.
3. City shall have the right to retain consultants and experts for special review or
investigation, and to obtain other outside services deemed necessary by City
to its functions hereunder. Prior to retaining any such experts, consultants or
outside services, City shall discuss the need for and scope of such work or
services with Authority. Authority shall pay the cost of any such experts,
consultants or outside services.
Section 2.02 Authority’s Duties and Responsibilities
1. Authority shall, at Authority’s expense, provide City with all available project
and environmental information which City may reasonably request in
connection with City’s activities pursuant to this Agreement, including,
without limitation, all existing relevant information and any reports of
investigation or study which, in City’s opinion, should be undertaken or may
be reasonably required to conduct an appropriate environmental review
consistent with law and regulations.
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4. 2. Authority will provide City with documentation that adequately describes the
full scope, purpose, and interrelationships of the subject HUD assisted and
privately financed and non-federally financed Authority projects included in
the Plan and any other documents and/or information requested by City that it
reasonably believes is necessary to perform the Services required under this
Agreement and that are within the Authority’s possession or control.
3. Authority will serve as liaison with local community groups and residents
regarding all aspects of City’s Services under this Agreement, including, but
not limited to, scheduling meetings and participating in public meetings. The
Authority will provide the City with prior written notice of all meetings that
related to the Services in order to allow the City the opportunity to participate
in such meetings.
4. Authority shall promptly reimburse City for its actual reasonable expenses
incurred for performing its functions under this Agreement, including, but not
limited to:
a. the costs of copying or reproducing documents;
b. the costs of publishing notices;
c. necessary travel expenses;
d. long distance phone charges;
e. postage and express package delivery charges;
f. the fees and expenses of experts, consultants and outside services
retained by the City;
g. City’s staff time devoted to performance of City’s function under this
Agreement; and
h. the actual costs incurred associated with any surveys or investigations.
5. The Authority shall have the responsibility to monitor environmental
mitigation for Authority projects environmental grant conditions specified in
the authorization to use Federal grant funds.
6. The Authority will provide its Five Year and Annual Plan to the City in order
to facilitate integration between City planning and Authority activities and
projects.
7. The Authority will communicate to all stakeholders of Authority projects that
an environmental review must be completed before any partner or stakeholder
in the development makes any choice-limiting action upon submission of an
application for HUD assistance.
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5. Article 3. TERM OF AGREEMENT
Section 3.01 Term
This Agreement shall be effective for a period of ___ years or until terminated by
the Authority pursuant to the provisions of this Agreement.
Section 3.02 Termination
The Authority may terminate this Agreement at any time by giving ____ days
written notice to City.
The City may terminate this Agreement for cause upon __ days notice to
Authority, including a statement of the reasons therefore, and after an opportunity for a
hearing has been afforded. As used herein, cause shall include any failure of Authority to
promptly reimburse City for its costs, any other non-performance by Authority under this
Agreement, or any material failure by Authority to comply with any term of this
Agreement.
ARTICLE 4. SPECIAL CONDITIONS
Section 4.01 Non-liability of Public Officials
No official, employee or agent of either party shall be charged personally by the
other or by an assignee or subcontractor with any liability or expenses of defense or be
held personally liable under any term or provision of this Agreement, because of such
party’s execution or attempted execution of this Agreement, or because of any breach
thereof.
ARTICLE 5. GENERAL CONDITIONS
Section 5.01 Entire Agreement
This Agreement shall constitute the entire Agreement between the parties with
respect to the subject matter hereof, and no other warranties, inducements,
considerations, promises, or interpretations shall be implied or impressed upon this
Agreement that are not expressly addressed herein and therein.
Section 5.02 Amendment
No changes, modifications of this Agreement shall be binding unless made in
writing and executed by the duly authorized officers of both the Authority and City.
Section 5.03 Compliance with All Laws/Governmental Orders
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6. Authority and City shall at all times observe and comply with all applicable laws,
ordinances, rules, regulations and executive orders of the federal, state and local
government now existing or hereinafter in effect, which may in any manner affect the
performance of this Agreement.
Section 5.04 Waiver
Whenever under this Agreement either party, by a proper authority, waives either
party’s performance in any respect or waives a requirement or condition of either party’s
performance, the waiver so granted, whether express or implied, shall only apply to the
particular instance and shall not be deemed a waiver forever for subsequent instances of
the performance, requirement or condition. No such waiver shall be construed as a
modification of the Agreement regardless of the number of times that either party may
have waived performance, requirement or condition.
ARTICLE 6. AUTHORITY
The persons signing this Agreement on behalf of Authority represent and warrant
that such person and Authority have the requisite power and authority to enter into,
execute, and deliver this Agreement and that this Agreement is a valid and legally
binding obligation of Authority enforceable against Authority in accordance with its
terms.
ARTICLE 7. COMMUNICATION AND NOTICES
Section 7.01 Communication Between the Parties
All verbal and written communication, including required reports and
submissions, shall be between City and Authority’s Office of Development and/or
Operations Department only, or except as provided in Section 7.02 below.
Section 7.02 Notices
Any notices sent to City shall be mailed by ordinary mail, postage prepaid to:
Name of Person, Department of City
Mytown
1122 Anystreet
Mytown, State 00000
With a Copy to:
City Counsel
Mytown
1123 Anystreet
Mytown, State 00000
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7. Notices sent to the Authority shall be mailed by ordinary mail, postage prepaid to:
Name of Person, Head of Authority
Authority
1111 Anystreet
Mytown, State 00000
With a Copy to:
General Counsel
Authority
1111 Anystreet
Mytown, State 00000
IN WITNESS WHEREOF, the Authority and the City have executed this
Agreement as of the date first written above written and under the laws of the State of
_____.
CITY AUTHORITY
[Title of Official] [Title of Officer]
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