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HomeMy WebLinkAboutResolution 6781• RESOLUTION NO. 6781 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF A JOINT COOPERATION AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF MOUNDS VIEW RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the City of Mounds View has participated with Ramsey County for the US Department of Housing and Urbane Development (HUD) Community Development Block Grant Program (CDBG) since 1985; and, WHEREAS, THE City of Mounds View has approved amendments to the original agreement from time to time; and, WHEREAS, on March 13, 2006, Ramsey County notified the City that HUD now requires all participating cities to execute a new cooperation agreement that incorporates all previously approved amendments to past agreement. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the attached Amended and Restated Joint Cooperation Agreement between the Ramsey County Housing and Redevelopment Authority (HRA) and the City of Mounds View relating to the Federal CDBG program is hereby approved and directs the Mayor and City Administrator to execute said agreement. Adopted this th day of April 2006. Rob arty, Mayor ) ATTEST: C C~;~ -~.. Kurt Ulrich, City Administrator (SEAL} C7 • AMENDED AND RESTATED JOINT COOPERATION AGREEMENT This Agreement ("Agreement") is between the Ramsey County Housing and Redevelopment Authority ("Authority") and Li 1t,~ ~~ {~~;,}`~'~ UI~II~ ("Municipality"), each a political subdivision of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59, as amended. WHEREAS Title I of the Housing and Community Development Act of 1974, 42 U.S.C. §5301 et seq., as amended, ("CDBG Act") provides for a program of community development block grants; and. WHEREAS, computation of a county's population as an Urban County may include persons residing in units of general Local government within the county with which it has entered into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to community development block grants; and • WHEREAS, Ramsey County, Minnesota qualifies as an "Urban County" as that term is used in the CDBG Act and is eligible to receive community development block grant funds; and, WHEREAS, the HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C. § 12701 et se . as amended ("HOME Act") provides for support for affordable housing activities; and WHEREAS, Ramsey County is a member of the Anoka, Dakota, Ramsey, and Washington Counties HOME Consortium ("Consortium") formed pursuant to the HOME Act; and WHEREAS, Pursuant to a Joint Powers Agreement executed May 4, 1993, the Authority assumed all rights and duties of Ramsey County related to the administration of CDBG and • RESTATED JOINT COOPERATION AGREEMENT Page 1 0€ 7 HOME funds received from the United States Department of Housing and Urban Development ("HUD'>). Now, Therefore, the Parties agree: 1. DEFINITIONS For the purposes of this Agreement, the terms defined in this section have the meanings given to them: "Act" means either the CDBG Act or the HOME Act, or both, depending upon the context. "CDBG Regulations" means those regulations at 24 C.F.R. Part 570, as amended. "Cooperating Community" means any city, town, or township in Ramsey County which has entered into a Cooperation Agreement, as amended, substantially similar to this Agreement and its Amendments. • "HOME Regulations" means those regulations at 24 C.F.R. Part 92, as amended. "Regulations" means either the CDBG Regulations or the HOME Regulations, or both, depending upon the context. 2. SCOPE The Authority and Municipality will cooperate to undertake or assist in undertaking community renewal and low and moderate income housing assistance activities and other eligible activities authorized by the CDBG Act and HOME Act. • RESTATED JOINT COOPERATION AGREEMENT Page 2 of 7 The Authority and Municipality will cooperate in establishing priorities and in preparation of the application for a grant. The Authority will prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount under the CDBG Act and the HOME Act. Tn preparing the grant application and allocating grant funds received, the Authority will consider projects proposed by the Municipality. The Authority reserves the right to propose projects which are both consistent with the mutually established goals, needs and priorities and within its statutory implementation authority. No Municipality shall be required to propose a project. The Authority shall have final responsibility for selecting projects and will distribute to the Municipality such funds as are determined appropriate for the Municipality to use in implementing a project. The Authority may implement projects within the Municipality as are determined appropriate by the Authority. 3. TERM The term of this Agreement is for Federal Fiscal Years 2007 - 2049. The Agreement remains in effect until the CDBG and HOME funds and program income received with respect to activities carried out during the initial three year qualification period, and any successive qualification periods, are expended and the funded activities completed. Neither the Authority nar the Municipality may terminate or withdraw from this Agreement during that period. This Agreement will be automatically renewed for participation in successive three year qualification periods, unless the Authority or the Municipality provide written notice it elects not to participate in a new qualification period. By the date specified in HUD's urban county RESTATED JDiNT COOPERAT'IDN AGREEMENT Page 3 of 7 qualification notice for the next qualification period, the Authority will notify the Municipality in writing of its right not to participate. Both the Authority and Municipality are required to adopt any amendment to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three year urban county qualification period. Failure to adopt the necessary amendment will void the automatic renewal for such qualification period. 4. MISCELLANEOUS PROVISIONS A. The CDBG Act and CDBG Regulations are incorporated herein by reference. The HOME Act and HOME Regulations are incorporated herein by reference. B. Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate . the right of the Authority or Municipality to submit individual applications for discretionary funds in the event Ramsey County does not receive designation as an Urban County entity under the CDBG Act C. Nothing in this Agreement shall preclude the Municipality from establishing a Municipal Housing and Redevelopment Authority pursuant to Minnesota Statutes, Chapter 469. D. In the event that there is a revision of the Act and/or Regulations which would make this Agreement out of compliance with the Act or Regulations, both parties will review this Agreement to renegotiate those items necessary to bring the Agreement into compliance. E. The Municipality shall indemnify, hold harmless, and defend the Authority, Ramsey County, their officials, agents, and employees against any and all liability, losses, costs, damages, expenses, claims or actions, including attorney's fees, which the Authority, Ramsey County, their officials, agents, ar employees may hereafter sustain, incur or be • RESTATED 30INT COOPERATION AGREEMENT Page 4 of 7 required to pay, arising out of or by reason of any act or omission of the Municipality, its officials, agents or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. F. The Authority shall indemnify, hold harmless and defend the Municipality, its officials, agents, and employees against any and all liability, Josses, casts, damages, expenses, claims or actions, including attorney's fees, which the Municipality, its officials, agents, or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the Authority, its officials, agents or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. G. Nothing in this Agreement shall constitute a waiver by the Authority, Ramsey County, or the Municipality of any statutory or conuman Iaw immunities, limits, or exceptions on . liability. H. The Authority and the Municipality shall maintain financial and other records and accounts in accordance with the requirements of the Act and Regulations. Such records and accounts will be in such form as to permit the Authority to prepare required reports and to permit the tracing of grant funds and program income to final expenditure. I. The Authority and the Municipality agree to make available all records and accounts with respect to matters 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 six 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 Authority shall RESTATED JOINT COOPERATION AGREEMENT Page 5 of 7 perform aIt audits of the basic grant amounts and resulting program income as required under the Act and Regulations. J. All projects undertaken pursuant to this Agreement shall be subject to home rule charter provisions, assessment, planning, zoning, sanitary, and building laws, ordinances and regulations applicable to the Municipality in which the project is situated. K. The parties further agree that pursuant to 24 CFR 570.501 {b}, the Municipality is subject to the same requirements applicable to subrecipients, including a written agreement as set forth in 24 CFR 570.503. L. By executing this Agreement the Municipality understands that it: may not apply for grants from appropriations under the Small Cities or State CDBG Programs far fiscal years during the period in which it participates in the Authority's CDBG program; and 2. may participate in a HOME Program only through the Authority. If Ramsey County does not receive a HOME formula allocation, the Municipality may not form a HOME consortium with other units of general local government. M. Both the Authority and Municipality are obliged to take al] actions necessary to assure compliance with Ramsey County's certification required by section 104(b) of Title I of the Housing and Conununity Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. The Authority is prohibited from funding for activities, in or in support of, any cooperating unit of general local government that does not affnnatively further fair housing within its own jurisdiction or that impedes its actions to comply with its fair housing certification. N. The Municipality has adopted and is enforcing: RESTATED JOINT COOPERATION AGREEMENT Page 6 of 7 1. a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: David Twa Ramsey County Manager Dated: • APPROVED AS TO FORM Harry D. McPeak Assistant Ramsey County Attorney This Document Drafted By: ffice of the Ramsey County Attorney t. Paul, Minnesota ?STATED JOINT COOPERATION AGREEMENT ge 7 of 7 MUNICIPALI Y By: Its: Dated: ~~ ~