Loading...
HomeMy WebLinkAboutRES 81-061 REOLUTION AGREEING TO PARTICIPATE IN YEARS VII, IX, AND X IN THE CDBG PROGRAM Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iozcao Box: 23 Folder: RES 1981 Document: RES 81-061 REOLUTION AGREEING TO PARTICIPATE IN YEARS VII, IX, AND X IN THE CDBG PROGRAM �JU _'Job- RESOLUTION 81-061 A RESOLUTION AGREEING TO PARTICIPATE IN YEARS VIII , IX, AND X OF' THE. CDBG PROGRAM WHEREAS, the City of St. Anthony, Minnesota and the County of Hennepin have in effect -a .Joint Cooperation Agreement, County Contract No. 90467 , for the purposes of the United States Department of Housing and Urban Development Community Development Block Grant program; and WHEREAS , the City and the. County wish to terminate the Agreement and execute a new Joint Cooperation .Agreement, County Contract No. 10405; BE IT. RESOLVED, that the current Joint Cooperation Agreement between the City and the County, County Contract No. 90467 be terminated effective .September 30 , 1981 and a new Joint Cooperation Agreement between the City and the County, County Contract No. 10405, be executed effective .October- 1, 1981, and that the Mayor and the City Manager be authorized to sign the Agreement on behalf of the City. The question was on the adoption of the resolution, and- upon a vote being duly taken thereon, the following voted .in favor thereof : Haik, Sundland, Marks, Letourneau, Ranallo and the following voted against the same: none. Adopted this Q day of S,"f-&_rn 1be_ - , 1981. Mayor ATTEST: City Clerk Revewed; for administration: _ CkLL2- Ciry Manager 1 _ Contract No. 10405 JOINT COOPERATION AGREEMENT : THIS AGREEMENT made and entered into .by and between the COUNTY OF- HENNERIN, State of Minnesota,. hereinafter- referred to as "COUNTY", and the CITY OF St. Anthony hereinafter referred to a's "CITY", said parties to this. Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota- Statutes', Section 471.59; W I T-N E. S S E T H: ..In consideration of the. mutual covenants and promises contained, in- this Agreement., the parties; mutually agree to.the following terms and conditions. I. DEFINITIONS For purposes of this Agreement, the terms defined in this section • have the meanings given them: A. "The Act" means the Housing and Community Development Act of 1974, Title I, of Public Law 93-383, as amended .(42 USC, 5301 et.seq. ) . B. "Regulations" means the rules and. regulations promulgated pursuant to-the Act, including but- not limited to 24 CFR Part 570. C.'. "HUD" means the- United States Department of Housing and Urban Development. D. "Cooperating Community". means any city or town in Hennepin County which has entered.. into a cooperation agreement which i.s identical to this Agreement. E "Strategy" means that portion of the Community Development Block. Grant Application entitled "Comprehensive Strategy" and which is. developed by .the.County. in- conjunction*with cooperating, communi- ties pursuant to the Regulations. F. "Planning Area'.'-means the various regions of Hennepin County as adopted for purposes of the Act by County-Resolution 80-10-820. The definitions contained in 42 USC 5302 of the Act and 24 CFR 570.3 of the Regulations are incorporated herein by reference and made a part hereof:. . II. PURPOSE CITY and COUNTY have determined that it is desirable and in the interests of theircitizens that COUNTY qualify as an urban county within the provisions of the Act. , This Agreement contemplates that-identical agreements will be executed between- COUNTY and other cities and towns in Hennepin County which .do not qualify asmetropolitan cities under the Act in such number as will enable COUNTY to so qualify under the Act The purpose of this Agreement is to authorize COUNTY and CITY- to cooperate in. undertaking, or ass fisting in undertaking; community reaewal and lower income housing activities, specifically urban renewal and publicly assisted housing pursuant. to community development,block grants as authorized by the Act and the Regulations. III. TERM OF AGREEMENT- The term of this Agreement is for a period commencing: on the effective date of October _., 1981, and terminating no sooner than the end .of program year ten (X) covered by the application for the basic grant amount approved by HUD subsequent to, the effective .date. This Agreement is extended automatically for each subsequent three year program period unless written notice of termination to be effective at the. end of the three year program period is given by CITY to COUNTY following the same schedule as .the "opt out" notifications requirements established by HUD. COUNTY. shall provide written notification: to CITY of CITY'S right to "opt _out" and terminate .this- Agreement. at least thirty. (30) days prior to "opt .out" date. Notwithstanding any other provision of this Agreement; this Agreement shall be terminated at the end of the three year application period during which HUD-withdraws its designation of Hennepin County as an Urban- County..under the Act. This Agreement shall be- executed by the appropriate officers of CITY and COUNTY pursuant to authority granted them by their respective governing bodies , and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the. CITY in the office of the Hennepin County Administrator, and in no event shall the Agreement be. filed later than September 10, 1981. -. IV. SCOPE OF ACTIVITIES CITY agrees and will undertake and attempt to carry -out within the term of this Agreement certain projects involving one or more of the . essential activities eligib.le for funding under the Act. COUNTY agrees and will assist CITY in the undertaking of such essential activities by providing the services specified in this Agreement. A. CITY further specifically agrees as follows : • 1. It will in accord with- a COUNTY established schedule prepare and provide. to COUNTY, in a prescribed form, a Three Year Community' Development Plan for program Year; VIII , IX, and X which principally benefits low and moderate income persons - in accordance with the provisions of 24 CFR 570 subpart D(570.300 et.se . ) ,and the strategy as the basis of the annual grant funding request. 2. It will submit to COUNTY, in a prescribed form, as appropriate for program Years VIII, IX, and X an annual program for implementation of the Three Year Community Development Program for use of the allocated basic grant funds 3. It will use all -funds received pursuant to this Agreement for each annual program within twenty-four (24) months of the approval by HUD of the basic grant amount. Expenditure period _ extension may be approved by COUNTY, upon CITY submission of a revised activity implementation schedule, e.g. , a program amendment. 4. It will take actions necessary to accomplish the. commun.ity development program and housing assistance goals as contained in the Urban. Hennepin County Housing Assistance Plan.. 5. It will ensure that all programs and or- activities funded in part or full by grant funds received pursuant to this agree- ment will be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women.. It will in implementing all programs. and or activities funded by the basic grant amount comply wi.th all •` applicable federal and Minnesota Laws, statutes , rules and regulations with regard to civil rights , affirmative action and equal employment opportunities. 6. It will participate in the citizen participation process as established in the Urban .Hennepin County Citizen Participation Plan. B. COUNTY further specifically agrees as follows : 1.. It shall prepare and submit to HUD and appropriate reviewing agencies, all necessary application documents, including the Urban County Housing Assistance Plan, for a basic grant amount under the Act. Such application shall , to the maximum extent feasible, consider the actions taken. by .CITY in support of the Comprehensive Strategy, Housing Assistance Plan goals, together with citizen participation, the Act and any other relevant Minnesota and/or Federal statutes or regulations. • In setting such priorities , COUNTY will consider the previous performance of CITY in the expenditure of funds received--under the- Act in order to fulfill COUNTY'S responsibility to HUD-for accomplishment of the community development program and housing assistance goals. 2. . It shall provide, to the maximum extent feasible, technical assistance and coordinating services to CITY in the preparing and submission of the. grant applications. 3. It shall provide ongoing technical . assistance to CITY to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing assistance .goals. The parties mutually agree to cooperate fully in the preparation of the Application for a basic grant amount. In such preparation the parties will follow the provisions of the Hennepin County Citizen Participation Plan asstated in County Resolution 80-10-820 and any subsequent amendments. 4. It shall upon CITY'S request agree to administer local housing rehabilitation grant programs funded pursuant to this Agreement', provided that an amount equal to 7% of the funds allocated by CITY to such activities shall be retained by the COUNTY for reimburse- ment of administrative expenses associated with the CITY'•S local housing rehabilitation grant program. CITY and COUNTY agree that COUNTY shall establish reasonable time schedules for the submission of the Three Year Community Development • Plan for Years VIII, IX and X and appropriate annual plan implementation program by CITY to COUNTY to insure such timely submission and to protect the rights .and interest of CITY and other cooperating communities. COUNTY shall communicate such time schedules to CITY. The parties mutually agree to comply with all applicable require ments:of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY'S responsibility to assume all obligations of an applicant under the Act, including the development of applications pursuant to 24 CFR 570..300 et. seg. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under- the Act shall be allocated as follows: A. COUNTY shall retain ten percent (10%) of the total basic grant amount for purposes of defraying its costs associated with program planning and administration. This does not include special costs incurred in assuming subgrantee project implementation responsi- bilities such as local housing rehabilitation grants. B. The -balance of the basic grant amount shall be allocated by COUNTY to CITY and other cooperating communities in accordance with the following formula for the purpose of' allowing the cooperating communities to plan for the application. This amount is only an' estimate and is not guaranteed by the COUNTY. The CITY and each cooperating community shall use as a target for planning purposes an amount which bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of CITY and the population of all cooperating communities. 2. The extent of poverty in CITY and the extent of poverty in all cooperating communities. 3. The extent of housing overcrowded by units in CITY and the extent of housing overcrowded by units in all cooperating communities.. 4. In determining the average of the above ratios, the ratio involving the extent of poverty .shall be counted twice. It is the intent of this paragraph that said planning allocation utilize the same basic elements for allocation of funds as are set forth • in .42 CFR 507.102(b). The COUNTY shall develop these ratios based upon data to be furnished by HUD. The .COUNTY assumes no duty to gather...such_ - _ data independently and assumes no liability for any errors in the data furnished by HUD. In the event that CITY cannot commit, expend, does not apply for or cannot qualify for a community development block grant, or a portion thereof, COUNTY will within 60 days of the annual grant approval date, conduct a public hearing to reallocate the unexpended or unallocated grant funds to a Planning Area Contingency account. The reallocation will in- clude funds pursuant to Article IV paragraph A. 3. of this Agreement. COUNTY will inform each participating community of their Planning Area's Discretionary Grant account balance and will provide the opportunity to CITY to make application for all or a portion of the funds. All requests .for Planning Area Contingency account funds shall be submitted according to a COUNTY established application process and in a form prescribed by. COUNTY. VI. SPECIAL PROVISIONS Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate the right of CITY or COUNTY to. submit indivi- dual applications for discretionary funds in the event- COUNTY _does not receive designation- as- an urban countyunder the Act. • ' CITY and COUNTY mutually agree to indemnify and hold harmless each ,other .from any claims , losses, costs, expenses or damages resulting from the acts or omissions of their respective officers, ,agents and employees relating to activities conducted by either under this Agreement, the Act or the regulations. In the event there is a revision of the Act and/or Regulations which would make this Agreement out of compliance with the Act. and/or Regulations; both parties will review this Agreement and renegotiate those items necessary. to bring the Agreement into compliance. Both parties understand and agree that the refusal to renegotiate this Agreement will result in the effective termination of the Agreement as of the date it is no longer in .compliance with the Act and/or Regulations. VII. FINANCIAL MATTERS Reimbursement to the CITY for expenditures from implementation of activities funded under the Act shall be made upon receipt by the COUNTY of Summary of Project Disbursement form Hennepin County Warrant Request, and supporting documentation. All funds received by the COUNTY under the Act' as reimbursement for payment to the CITY for expenditure of local funds for activities funded under the-Act- shall be deposited in the County Treasury. CITY and COUNTY shall. maintain financial and other records and accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the COUNTY to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. CITY and COUNTY 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 three years from the last receipt of program income resulting from activity implementation. COUNTY shall perform all audits of the basic grant amount and resulting program income as required under the Act and Regulations. All program income from activities funded in total or part from the basic grant amount received by CITY shall be returned to COUNTY. COUNTY shall make returned program income funds available to CITY by increasing the generating project budget. CITY, having signed this Agreement, and the Hennepin Co my Board of Commissioners having duly approved this Agreement on . . . . . . 19 J, and pursuant to such approval and the proper County officialt having signed, this Agreement, the parties hereto agree to be bound by the' pro visions herein set forth. Upon proper execution, this COUNTY OF ENNEPIN, ST TE OF MINNESOTA Agreement will be legally valid and binding By Chan a of oard ° And • deputy unty Administrator Assistant Coun Attorney Date: 8 //1 lei ATTEST: puty County Auditor App ve as to ecuion: ALCITY OF T. ANTHON Assistant County Attorney By Its Mayor Date.: 9 �/C< <�� M And l t l , It City Manager CITY MUST CHECK ONE: The City is organized pursuant to: P- a�A Plan B Charter F