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HomeMy WebLinkAboutCC RES 91-043 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND RAMSEY COUNTY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103638 Box: 26 Folder: RES 1991 Document: CC RES 91-043 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE A JOINT COOPERATION AGREEMENT BETWEEN THE CIN OF STr ANTHONY AND RAMSEY COUNTY CITY OF ST. ANTHONY RESOLUTION 91-043 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND RAMSEY COUNTY WHEREAS, Ramsey County qualified as an urban county eligible to receive community development block grant funds; and WHEREAS, the County's population, among other factors, is a determinant of its eligibility; and WHEREAS, it is in the interest of the City of St. Anthony to be counted together with other municipalities of Ramsey County. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor and City Manager to execute the Joint Cooperation Agreement with Ramsey County on behalf of the City of St. Anthony. • Adopted this 10-41 day of 5 � P yr��r , 1991. Mayor ATTEST: City Clerk Reviewed for administration: City Manager JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into by and between the County of Ramsey, State of Minnesota, hereinafter referred to as "COUNTY," and the CITY/fit of s+. �n Ghon �i , hereinafter referred to as "MUNICIPALITY," 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 WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, provides for a program of community development block grants; and, WHEREAS, Ramsey County, Minnesota qualifies under said law as an "urban county" eligible to receive community development block grant funds; and, WHEREAS, the County's population, among other factors, is a determinant of the eligibility of the County and the amount of resources which may be made available to the County to undertake activities under the afore-referenced law; and, WHEREAS, part 570, Chapter V of Title 24 of the Code of Federal regulations sets forth regulations governing the applicability and use of funds under Title I; and, 1 o WHEREAS, Section 570.105, titled "Qualifications As Urban County" provides that computation of the County's population may include persons residing in "unincorporated areas" and in "its included parts of general local government 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, it is in the interest of the City/Town of to have its population counted together with other municipalities of Ramsey County who similarly agree; NOW, THEREFORE, 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 the purposes of this Agreement, the terms defined in this section have the meanings given to 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 2 Urban Development. D• "Cooperating Community" means any city or town in Ramsey County which has entered into a cooperation agreement which is identical to this Agreement. The regulations 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 Municipality and County have determined that it is desirable and in the interests of its citizens that the County qualifies as an urban county within the provisions of the Act. This Agreement contemplates that identical • agreements will be executed between the County and other cities and towns in Ramsey County and such numbers will enable the County to so qualify under the Act. The purpose of this Agreement is to authorize the County to cooperate with the Municipality in undertaking, or assist in undertaking, essential community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing pursuant to community development block grants as authorized in the Act and the Regulations. III. TERM OF AGREEMENT The term of this agreement is for a period commencing on the effective day of August 31, 1991, and terminating no sooner than the end of the third 3 program year covered by the application for the basic grant amount approved 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 current three year program period is given by Municipality to County following the same schedule as the "opt out" notification requirements as established by HUD. The County shall provide written notification to Municipality of Municipality's right to "opt out" and terminate this Agreement at least (30) days prior to the "opt out" date. Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at the end of any program year during which HUD withdraws its designation of Ramsey County as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of Municipality 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 Municipality in the office of the Ramsey County Executive Director, and in no event shall the Agreement be filed later than October 10, 1991. IV. METHOD The Municipality and County hereby agree that they will cooperate to undertake or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The County shall prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount under the Act. In making the application, the County shall address the goals and needs of 4 County as developed in meetings between the Municipality, its citizens and the • County, and also addressing the Act and other relevant Minnesota and/or Federal statutes or regulations. The parties agree to cooperate fully in establishing priorities and in preparation of the application for a basic grant amount. Municipality and County agree that the County shall establish a reasonable time schedule for the development of the grant application. In preparing the grant application and allocating grant funds received, the County shall consider projects proposed by the Municipalities. The County reserves the right to propose projects which are both consistent with the mutually-established goals, needs and priorities and within the County's statutory implementation authority. No Municipality shall be required to propose a project. • It is anticipated by the parties that the party ultimately implementing a project funded by monies received from the grant may be either the Municipality or the County. The determination of which party will implement the project will be made by the parties after consideration of the nature and scope of the project, and the ability of each party to undertake the project, thought it is understood by the Municipality that the County shall have final responsibility for selecting projects from among those proposed by the Municipalities and the County and filing annual grant requests. The County is hereby authorized to distribute to the Municipality such funds as are determined appropriate for the Municipality to use in implementing a project and the County is hereby authorized to implement projects within the Municipality as are determined appropriate for the County to implement. Contracts let and purchases made pursuant to a project under this Agreement • shall conform to the requirements applicable to the entity undertaking the project. 5 V. SPECIAL PROVISIONS • Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate the right of Municipality or County to submit individual applications for discretionary funds in the event County does not receive designation as an Urban County entity under the Act. Nothing in this Agreement shall preclude the Municipality from establishing a Municipal Housing and Redevelopment Authority pursuant to MN Stat. 462.425. Nothing in this Agreement shall be deemed to create a county housing authority pursuant to MN. Stat. 462.426, Subd. 1-4. Municipality 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, up to any applicable statutory limits of tort liability. 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. 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 as amended. • 6 All funds received by the County under the Act shall be deposited in the • County treasury. Municipality and County 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 reports required of the County to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. Municipality 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 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. County shall perform all audits of the basic grant amounts and resulting program income as required under the Act and Regulations. 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. The parties mutually agree to take all required actions to comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, 7 Executive Order 119889 Section 109 of the Housing and Community Development Act of 1974 and with all other applicable requirements of the Act and the 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 seq. The parties further agree that the Municipality has adopted and has in force a policy which prohibits the use of excessive force by law enforcement agencies within its jurisdiction against ' any individuals engaged in non-violent civil rights demonstrations and 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 its jurisdiction. • The parties further agree that the Municipality will take all steps necessary to assure compliance by the County with its certification required by Sections 104(b) and 109 of Title I of the Act, Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and other applicable laws. 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. Such agreements are only entered into when a Municipality chooses to propose a project and actually will receive funds from the County's entitlement allocation. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf this day of 1991. 8 1 APPROVED AS TO FORM: COUNTY OF RAMSEY STATE OF MINNESOTA s is �ntCo�untyAttorney By• Its And: Its: CITY/KEW OF ST. ANTHONY CITY MUST CHECK ONE: X Plan A Plan B Chartered By: Its: Mayor By: Its: City Manager • 9