MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SALINAS LOCAL JURISDICTION AND THE HOUSING AUTHORITY OF THE COUNTY OF MONTEREY FOR THE COMPLETION OF HUD ENVIRONMENTAL REVIEW RECORDS THIS MEMORANDUM OF UNDERSTANDING (MOU) is made on May 3, 2023, by and between the Housing Authority of the County of Monterey, an incorporated public housing authority (hereinafter referred to as the PHA) and the City of Salinas, a local jurisdiction, a body politic and incorporated, acting as the Responsible Entity (hereinafter referred to as RE).
WHEREAS, the PHA is a housing choice voucher only PHA under Section 8 of the United States Housing Act of 1937, and may elect to pursue housing projects and/or activities with federal financial assistance subject to environmental reviews pursuant to 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 Part 58; and WHEREAS, as the recipient of federal financial assistance, the PHA may secure assistance for completing environmental reviews by the unit of general local government where the project is located as the RE authorized to assume environmental review obligations pursuant to 24 CFR 58.2(a)(7)(ii)(B); and WHEREAS, the RE certifies it is authorized to: (1) assume responsibility for environmental review, decision making and action under NEPA and each provision of law designated in 24 CFR 58.5 applicable to any and all of the HUD financial assistance awarded to the PHA; (2) accept jurisdiction of the Federal courts for enforcement of these environmental responsibilities; and (3) execute the certification portion of HUD’s Request for Release of Funds (RROF) and certifications as set forth in 24 CFR 58.4, 58.13, and 58.71; and WHEREAS, the PHA requested the RE to complete the environmental review record with respect to the PHA’s projects or activities pursuant to the conditions and provisions set forth in this MOU and the RE accepts responsibility to act as the responsible Federal agency under NEPA and the laws and authorities in 24 CFR 58.5 with respect to said projects and activities.
NOW THEREFORE, in consideration of the mutual promises and the terms and conditions set forth below, the PHA and RE hereby agree as follows:
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 of RE:
RE will perform and/or manage all environmental reviews and prepare all necessary documentation in support of the environmental review record for all activities pursuant to the PHA’s projects and any accompanying documents necessary to be submitted to HUD, in full compliance with:
HUD’s “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities” (24 CFR Part 58); Section 102 of NEPA;
Related provisions of the Council on Environment Quality regulations contained in 40 CFR Parts 1500 through 1508; and All other applicable Federal and State regulations.
Where appropriate and necessary in the environmental review process, RE will issue Findings of No Significant Impact (FONSIs) or Findings of Significant Impact (FOSI), determine whether to hold public hearings, prepare environmental impact statements and records of decision, issue notices of FONSIs and notices of intent to Request Release of Funds (RROF), and prepare requests for release of funds.
RE may retain consultants and experts for special reviews or investigations and obtain other outside services deemed necessary by RE to its functions hereunder. Prior to retaining any such experts, consultants or outside services, RE shall discuss the need for and scope of such work or services with the PHA. Should the need arise, the PHA shall pay the cost of any such experts, consultants or outside services to complete the environmental review record.
Article 3: Duties and Responsibilities of PHA:
PHA procures at PHA’s expense and provides RE with all available project and environmental information needed by RE in connection with activities pursuant to this MOU, including, without limitation, existing relevant information and any reports of investigation or study required to conduct an environmental review consistent with law and regulations.
PHA provides RE with documentation that adequately describes the full scope, purpose, and interrelationships of the subject HUD assisted project, which may include privately financed or non-federally assisted PHA financing, and any other documents and/or information requested by RE that RE reasonably believes is necessary to perform services required under this MOU and that are within the PHA’s possession or control.
PHA serves as liaison with local community groups and residents regarding all aspects of RE services under this MOU, including, but not limited to, scheduling meetings and participating in public meetings. PHA provides the RE with prior written notice of all meetings related to MOU services in order to allow the RE the opportunity to participate in such meetings.
PHA reimburses RE for expenses incurred for performing services under this MOU, including, but not limited to:
costs of publishing notices;
necessary travel expenses;
postage and express package delivery charges;
fees and expenses of experts, consultants and outside services retained by the RE; RE’s staff time devoted to performance of MOU services; and actual costs incurred associated with any surveys or investigations.
PHA monitors environmental mitigation or procures such services to ensure compliance with environmental conditions specified in the authorization to use HUD funds or HUD approvals.
PHA provides the Five Year and Annual Plans to the RE in order to facilitate integration between RE planning and PHA activities and projects that require environmental reviews, including development, modernization, or other capital activities.
PHA communicates to stakeholders the requirements for environmental reviews before any partner or stakeholder in the development makes a choice-limiting action upon submission of an application for HUD financial assistance.
Article 4: Duties and Responsibilities of RE for RE Projects:
RE procures at RE’s expense and provides PHA with all available project and environmental information needed by PHA in connection with activities pursuant to this MOU, including, without limitation, existing relevant information and any reports of investigation or study required to conduct an environmental review consistent with law and regulations.
RE provides PHA with documentation that adequately describes the full scope, purpose, and interrelationships of the subject HUD assisted project, which may include privately financed or non-federally assisted PHA financing, and any other documents and/or information requested by PHA that PHA reasonably believes is necessary to perform services required under this MOU and that are within the RE’s possession or control.
RE serves as liaison with local community groups and residents regarding all aspects of RE services under this MOU, including, but not limited to, scheduling meetings and participating in public meetings. RE provides the PHA with prior written notice of all meetings related to MOU services in order to allow the PHA the opportunity to participate in such meetings.
RE monitors environmental mitigation or procures such services to ensure compliance with environmental conditions specified in the authorization to use HUD funds or HUD approvals.
RE communicates to stakeholders the requirements for environmental reviews before any partner or stakeholder in the development makes a choice-limiting action upon submission of an application for HUD financial assistance.
RE is responsible for providing an environmental review, subsidy layering information, and ensuring that all contracted units meet HUD’s HQS standards for proposals selected in accordance with 24 CFR 983.51 to receive assistance such as Project Based Voucher units.
Article 5. Agreement terms
This MOU is effective for a period of 2 years or until terminated by the PHA pursuant to the provisions of this MOU.
PHA may terminate this MOU at any time by giving 90 days written notice to RE.
RE may terminate this MOU for cause upon 90 days’ notice to PHA, including a statement of the reasons therefore, and after an opportunity for a hearing is afforded. As used herein, cause shall include any failure of PHA to promptly reimburse RE for costs, any other non-performance by PHA under this MOU or any material failure by PHA to comply with any term of this MOU.
ARTICLE 6. Conditions
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 MOU, because of such party’s execution or attempted execution of this MOU, or because of any breach thereof.
This MOU constitutes 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 MOU that are not expressly addressed herein.
No changes or modifications of this MOU are binding unless made in writing and executed by the duly authorized officers of both the PHA and RE.
PHA and RE 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 MOU.
Whenever under this MOU 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 MOU regardless of the number of times either party may have waived the performance, requirement, or condition.
ARTICLE 7. Authority and notice
Each person signing this MOU represents and warrants that such person has the requisite power and authority to enter into, execute, and deliver this MOU and that this MOU is a valid and legally binding and enforceable obligation in accordance with its terms.
All verbal and written communication, including required reports and submissions, shall be transmitted between RE and PHA as noted below.
Any notices sent to City shall be electronically transmitted to:
[email protected]
[email protected]
[email protected]
Any notices sent to the PHA shall be electronically transmitted to:
[email protected]
[email protected]
IN WITNESS WHEREOF, the City of Salinas, a local jurisdiction, and the Housing Authority of the County of Monterey have executed this Memorandum of Understanding as of the date first written above and under the laws of the State of California.
City of Salinas, Local Jurisdiction Date
Steven S. Carrigan, City Manager
The Housing Authority of the County of Monterey Date Zulieka Boykin, Executive Director