Loading...
HomeMy WebLinkAboutRES 87-025 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE JOIN COOPERATION AGREEMENT WITH HENNEPIN COUNTY TO ESTABLISH THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ON BEHALF OF THE CITY OF ST. ANTHONY Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102332 Box: 23 Folder: RES 1987 Document: RES 87-025 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE JOIN COOPERATION AGREEMENT WITH HENNEPIN COUNTY TO ESTABLISH THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ON BEHALF OF THE CIN OF ST. ANTHONY i RESOLUTION 87-025 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY TO ESTABLISH THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ON BEHALF OF THE CITY OF ST. ANTHONY WHEREAS, the City of St. Anthony, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement, County Contract No. 40452 , for the purposes of qualifying as an Urban County under 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. 40452, be terminated effective September 30, 1987, and a new Joint Cooperation Agreement between the City and the County, County Contract No. 70493 , be executed effective October 1, 1987 , 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: Marks, Ranallo, Sundland; Enrooth, and Makowske and, the following voted against the same: None. WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED AND ADOPTED THIS 28th DAY OF JULY, 1987. 'd Maor ATTEST: City Clerk Reviewed for administration: , Was City Manager i' J • Contract. No. 70483 JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," and the CITY OF Anthony_ , hereinafter referred to as "COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471..59; WITNESSETH; COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COUNTY secure Community Development Block Grant funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. o I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and. 24 CFR Part • 570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A. "The-Act" means the Housing and Community Development Act of 1973, Title 1 of Public Law 93, 383, as amended by the Housing and Commu- nity Development Reconciliation Amendments of 1985, 42USC5301ET.SEQ. B. "Regulations" means the rules and regulations promulgated pursuan to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of Housing and Urban Devel- opment. D. "Cooperating Unit" means any city or town in Hennepin County which has entered into a cooperation agreement which is identical to this Agreement, as well as Hennepin County which is a party to each Agreement. E. "Statement of Objectives and Projected Use of Funds" means the docu- ment bearing that title or similarly required statements or docu- ments submitted to HUD for authorization to expend the entitlement amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. II . PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these .and other eligible activities which will be funded from annual Community Development Block Grants from Fiscal Years 1988, 1989 and 1990. III . AGREEMENT A. The term of this Agreement is for a period commencing on the effective date of October 1, 1987 , and terminating no sooner than the end of program year sixteen (XVI) covered by the Statement of Objectives and the Projected Use of Funds for the basic grant amount authorized by HUD subsequent to the effective date. B. Notwithstanding any other provision of this Agreement, this Agree- ment shall be terminated at the end of the three-year program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act. C. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT -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 .• COOPERATING UNIT in the office of the Hennepin County Administrator, and in no event shall the Agreement be filed later than August 28, 1987. IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used- to under- take and carry out within the terms of this Agreement certain projects involving one or more of the essential activities eligible for funding under the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. 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 responsi- bility .to assume all obligations of an applicant under the Act, including the development of the Statement of Objectives and Projected Use of Funds pursu- ant to 24 CFR 570.300 et.se . A. COOPERATING UNIT further specifically agrees as follows: 1. COOPERATING UNIT will in accord with a COUNTY established schedule prepare and provide to COUNTY, in a prescribed form, an annual request for the use of Community 'Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Statement of Objectives. • 2. COOPERATING UNIT shall use all funds received pursuant to the Agreement for each annual program within eighteen (18) months of the authorization by HUD of the basic grant amount. Expenditure period extensions may be requested in cases where the authorized activity has been initiated and/or subject of a contract.- 3. COOPERATING UNIT shall use funds provided pursuant to' Section Y. of this Agreement to undertake no more than three (3) grant funded activities administered by the COOPERATING UNIT. Each activity shall have a budget of at least seventy-five hundred dollars ($7,500) , or the total amount of the planning allocation of COOPERATING UNIT if less than seventy-five hundred dollars ($7,500) . A COOPERATING UNIT may assign less than seventy-five hundred dollars ($7,500) to an activity when the activity is one that is programmed by at least one other COOPERATING UNIT and administered by only one COOPERATING UNIT on. behalf of the others, provided that the total activity budget is at least seventy-five hundred dollars ($7 ,500) . 4. COOPERATING UNIT will take actions necessary to accomplish the community development program and housing assistance goals as contained in the Urban Hennepin County Housing Assistance Plan. 5. COOPERATING UNIT shall ensure that all programs and/or activi- ties funded in part or in full by grant funds received pursuant to this Agreement shall be undertaken affirmatively with regard- to fair housing, employment and business opportunities for minorities and women. It shall in implementing all programs and/or activities funded by the basic grant amount comply with all applicable federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and .equal employment opportunities and Administrative Rule issued by the COUNTY. 6. COOPERATING UNIT shall participate in the citizen participation process as established in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. 7. COOPERATING UNITS shall comply with all of the administrative guidelines of the COUNTY now in effector as hereafter promulgated. 8. COOPERATING UNITS shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. B. COUNTY further specifically agrees as follows: 1. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies on an annual basis all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. 2. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of the request for funding. 3. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for - accomplishment of the community development program and housing assistance goals. 4. COUNTY shall upon official request by COOPERATING UNIT agree to administer local housing rehabilitation grant programs funded pursuant to the Agreement, provided that COUNTY shall receive ten percent (10%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with its opera- tion. 5. COUNTY will , as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations and HUD administra- tive directives. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under the Act shall be allo- cated as follows: t A. COUNTY shall retain ten percent (10%) of the annual basic grant amount for the undertaking of eligible activities. B. The balance of the basic• grant amount shall be apportioned by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C of this section for the purpose of allowing the COOPERATING UNITS to make requests for the use of funds so aportioned. The allocation is for planning purposes only and is not a guarantee of funding. C. Each COOPERATING UNIT will 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 COOPERATING UNIT and the population of all COOPERATING UNITS. 2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERAT- ING UNITS. 4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. • 1 � • D. It is the intent of this section that said planning allocation utilize the same basic elements for allocation of funds as are set , forth in 24 CFR 570.4. 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. VI . COUNTYWIDE DISCRETIONARY ACCOUNT A. In the event that any COOPERATING UNIT cannot commit, expend or does not request its planning allocation, or a portion thereof, pursuant to Section V of this Agreement, COUNTY will assign the unexpended or unallocated grant funds to the Countywide Discretionary Account. The assignment shall also include funds pursuant to Section IV paragraph A.2. of this Agreement. B. COUNTY will retain ten percent (10%) of all funds placed in the Countywide Discretionary Account to defray administrative expenses. C. COUNTY will , on or before March 1 of each year, inform each COOPER- ATING UNIT of the Countywide Discretionary Account balance and will provide each COOPERATING UNIT the opportunity to make a request for use of all or a portion of the funds. VII. FINANCIAL MATTERS • A. Reimbursement to the COOPERATING UNIT for expenditures for the implementation of activities funded under the Act shall be made upon receipt by the COUNTY of Summary of Project Disbursement form and Hennepin County Warrant Request, and supporting documentation. B. All funds received by COUNTY under the Act as reimbursement for payment to COOPERATING UNITS for expenditure of local funds for activities funded under the Act shall be deposited in the County Treasury. C. COOPERATING UNIT 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. D. COOPERATING UNIT 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 implementa- tion. COUNTY shall perform all audits of the basic grant amount and resulting program income as required under the Act and Regulations. E. ' COOPERATING UNIT shall return all program income derived from • activities funded in total or part from the basic grant amount to COUNTY upon its generation, except as derived from activities with approved reolving accounts. 1. COUNTY will retain ten percent (10%) of all program income to defray administration expenses. 2. The remaining 90 percent (90%) of the program income shall be credited to the grant authority of the COOPERATING UNIT whose activity generated the income and be used for fundable and eli- gible Community Development Block Grant activities consistent with this Agreement. F. Should an approved activity be determined to represent an ineligible expenditure of grant funds, the COOPERATING UNIT responsible shall reimburse the COUNTY for such ineligible expense. 1. All reimbursements for ineligible expenditures shall be placed in the Countywide Discretionary Account, except as provided for in' Section VII.F.2. of this Agreement. 2. When it is determined by the COUNTY that grant funds have been expended on an eligible activity and through no fault of the COOPERATING UNIT the project fails or is no longer eligible, the program reimbursement shall be treated as program income in • Section VII.E. of this Agreement. • VII. EXECUTION COOPERATING UNIT, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on 19 , and pursuant' to such approval and the proper County offfic-Ti-aT having signed th-is Agreement, the -parties hereto agree to be bound by the. provisions herein set forth. Upon proper execution, this COUNTY OF HENNEPIN, STATE OF MINNESOTA Agreement will be legally valid and binding. By: Chairman o i s County oar And: Deputy/Associate County Administrator ssis an oun y Attorney Date: �` ATTEST: Deputy County Auditor APPROVED AS TO EXECUTION: CITY S ANTHO By: Its Mayor Assistant County Attorney DATE: And: • Its City Manager CITY MUST CHECK ONE: The City is or ed pursuant to: aPT n 7F an arter