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HomeMy WebLinkAboutCC RES 98-023 RESOLUTION APPROVING A GRANT AGREEMENT RELATING TO FUNDING UNDER THE MINNESOTA HOUSING FINANCE AGENCY COMMUNITY REHABILITATION FUND PROGRAM AND AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR AND CITY MANAGER Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103145 Box: 26 Folder: RES 1998 Document: CC RES 98-023 RESOLUTION APPROVING A GRANT AGREEMENT RELATING TO FUNDING UNDER THE MINNESOTA HOUSING FINANCE AGENCY COMMUNITY REHABILITATION FUND PROGRAM AND AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR AND CITY MANAGER CITY OF ST. ANTHONY RESOLUTION 98-023 A RESOLUTION APPROVING A GRANT AGREEMENT RELATING TO FUNDING UNDER THE MINNESOTA HOUSING FINANCE AGENCY COMMUNITY REHABILITATION FUND PROGRAM AND AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR AND CITY MANAGER WHEREAS, the Hennepin County Housing and Redevelopment Authority has applied for and received funding on behalf of the City of St. Anthony under the Minnesota Housing Finance Agency Community Rehabilitation Fund Program - DR1187 Recovery Program; and WHEREAS, the Agreement attached is to provide for cooperation between the Hennepin County Housing and Redevelopment Authority and the City of St. Anthony in implementing certain Activities to be performed by the City as described in said Agreement and to set forth the terms and conditions under which these Activities will be implemented. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Grant Agreement with the Hennepin County Housing and Redevelopment Authority and authorizes the Mayor and City Manager to execute said Agreement on behalf of the City of St. Anthony. Adopted this ) O day of Fet o r u ce_-Y� 1998. A& .A Zayor ATTEST: Lo City Clerk Reviewed for administration: • C Manager • Hennepin County Housing and Redevelopment Authority Contract No. Community Rehabilitation Fund Program—DR 1187 Recovery GRANT AGREEMENT THIS AGREEMENT is made and entered into this day of 1998,between the Hennepin County Housing and Redevelopment Authority, a political subdivision of the State of Minnesota, hereinafter referred to as the"HRA,"A-2400 Government Center,Minneapolis,Minnesota 55487,and the City of St. Anthony,whose address is 3301 Silver Lake Road, St.Anthony,MN 55418,a public body corporate and politic under the laws of the State of Minnesota,hereinafter referred to as "City": RECITALS 1. The HRA has applied for and received$150,000 in funding on behalf of the City under the Minnesota Housing Finance Agency (MHFA) Community Rehabilitation Fund Program – DR 1187 Recovery Program. 2. The HRA desires to have certain activities,hereinafter referred to as"Activities,"performed by the City, as described within this Agreement,including any exhibits and attachments,as authorized by resolutions of the HRA for the purpose of implementing flood mitigation activities under the MHFA Community Rehabilitation Fund Program—DR 1187 Recovery Program, and applicable rules, regulations, and guidelines promulgated by federal,state, and HRA authorities. • 3 It is appropriate and mutually desirable that the City be designated by the HRA to undertake the aforementioned Activities, so long as the parties adhere to the requirements of the MHFA Program regulations, and state and local law,as provided for herein. 4. The purpose of this Agreement is to provide for cooperation between the HRA and the City,as the parties to this Agreement,in implementing these Activities and to set forth the terms and conditions under which said Activities shall be implemented. 5. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota,including Minnesota Statutes Section 462A.206 and Minnesota Statutes Sections 469.001 to 469.047. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth,the HRA and City agree as follows: AGREEMENT FOR THE ACQUISITION OF HOUSING 1. SCOPE OF ACTIVITIES. City will acquire legal title to the real property("Premise")located at site legally described in Exhibit 1,attached hereto and incorporated by reference. 2. PROJECT DESCRIPTION. The acquisition and demolition of at least one single-family residential unit in the city of St.Anthony. This property will be part of a future storm retention system to eliminate and/or • reduce storm damage of the sort created by the storms of early July 1997. MHFA Program funds will be limited to acquisition and demolition costs. a • 3. DURATION OF AGREEMENT. City, for itself and for its successors and assigns, shall take all necessary actions to perform and carry out the Activities by December 31, 1998. City agrees to repay to the MHFA the amount of the Program funds provided under this Agreement, according to the terms of this Agreement,if the City fails to meet any terms and conditions of this Agreement or other documents executed in connection with this Agreement. 4. PAYMENT OF MHFA PROGRAM FUNDS. Upon completion of the property acquisition,the HRA agrees to reimburse City with MHFA Program funds not to exceed$150,000.00. It is understood that the HRA shall be held accountable to MHFA for the lawful expenditure of Program funds under this Agreement. The HRA shall, therefore, make no payment of Program funds to City prior to having received copies of all documents and records needed to ensure that City has complied with the appropriate state and local regulations and requirements and conditions set forth in this Agreement. 5. AMENDMENTS TO AGREEMENT. Any material alterations,variations,modifications,or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment to this Agreement, signed and approved, and properly executed by the authorized representatives of the parties. 6. NON-ASSIGNMENT. City shall not assign,subcontract,transfer,or pledge this Agreement and/or the Activities to be performed hereunder,whether in whole or in part,without the prior consent of the HRA. 7. INDEMNIFICATION AND INSURANCE a. The City agrees to defend,indemnify, and hold harmless the HRA,its elected officials, officers, • agents,and employees(including duly authorized volunteers)from any liability,claims,causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City,its officers,agents,employees (including duly authorized volunteers),contractors,and/or anyone for whose acts or omissions it may be liable for in the performance of the Activities required by this Agreement, against all loss by reason of the failure of said City to perforin fully, in any respect, all obligations under this Agreement. b. In order to protect the City and those listed above under the indemnification provisions,the City agrees at all times during the term of this Agreement and beyond such term when so requested by the HRA,to keep in force the following insurance coverages: I) Professional Liability- Errors and Omissions of$1,000,000 per claim with a$1,000,000 aggregate. City shall maintain such Professional Liability-Errors and Omissions insurance coverage continuously for a period of two years after the termination of this Agreement. 2) Commercial General Liability,including contractual liability coverage,with the following coverages and insurance limits: • 2 • Limits General Aggregate $1,000,000 Products Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence-Combined Bodily Injury and Property Damage $1,000,000 3) Worker's Compensation and Employer's Liability: Limits (a) Workers'Compensation Statutory (b) Employer's Liability. Bodily injuryby: Accident-Each Accident $ 100,000 Disease-Policy Limit $ 500,000 Disease-Each Employee $ 100,000 C. In the event that the HRA determines that the above coverages and limits or any other insurance coverages and limits become insufficient,City agrees that it will furnish alternative coverages or increased limits requested by the HRA. • If City is a unit of general local government, its liability shall be governed by the provisions of Minnesota Statutes Chapter 466. 8. INDEPENDENT CONTRACTOR. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the City as the agent,representative,or employee of the HRA for any purpose or in any manner whatsoever. The City is to be and shall remain an independent contractor with respect to all activities performed under this Agreement. The City represents that it has,or will secure at its own expense,all personnel required in fulfilling its obligation under this Agreement. Any and all personnel of the City or other persons while engaged in the performance of any activities required by the City under this Agreement shall have no contractual relationship with the HRA,and shall not be considered employees of the HRA. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment,including,without limitation,claims of discrimination against the City,its officers, agents,contractors,or employees,shall in no way be the responsibility of the HRA. The City shall defend, indemnify,and hold the HRA,its elected officials,officers,agents,and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal,agency,board,commission,or court. Such personnel or other persons shall neither require nor be entitled to any compensation,rights, or benefits of any kind whatsoever from the HRA,including,without limitation,tenure rights,medical and hospital care, sick and vacation leave, Workers' Compensation, Reemployment Insurance, disability, severance pay,and Public Employees Retirement Act. 9. DATA PRIVACY. To the extent that data on individuals are made available between the HRA and City • pursuant to this Agreement,City agrees that it will abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws,rules, and regulations relating to such 3 • data, and as any of the same may be amended. City agrees to defend and hold the HRA, its officers, agents,and employees harmless from any claims resulting from City's unlawful disclosure and/or use of such data on individuals. 10. COUNTY POLICY ON AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY. In accordance with the County's policies against discrimination,no person shall be excluded from full employment rights or participation in or the benefits of any program,service,or activity on the grounds of race,color,creed, religion, age,sex,disability,marital status,sexual orientation,public assistance status,or national origin; and no person who is protected by applicable federal or state laws, rules, or regulations against discrimination shall be otherwise subjected to discrimination. City will also comply with applicable local rules and regulations for affirmative action. Where federal, state, and/or local policies and requirements for affirmative action and equal employment opportunity differ,the most restrictive policies and requirements shall apply. However, City shall provide any reports or other documentation required by each jurisdiction in order to demonstrate compliance with applicable laws,ordinances,and regulations. 11. DISPLACEMENT,RELOCATION,AND ACQUISITION. City shall carry out all acquisitions of real property and take all reasonable steps to minimize displacement of persons as necessary for implementation of the Activities. City shall conduct all such acquisitions in its name,or in the name of another eligible organization acceptable to the HRA,which shall hold title to all real property purchased. City shall prepare all notices,appraisals,and documentation required in conducting acquisition pursuant to Minnesota Statutes Sections 117.50 to 117.56. • 12. RECORDS AND REPORTS; MONITORING. City shall maintain records for the receipt and expenditure of all MHFA Program funds. The Legislative Auditor for the State of Minnesota,the MI-IFA, or their representatives shall have the right to examine books,records,documents,and other evidence and accounting procedures and practices relative to the Program, and the Grantee shall make available at reasonable times proper facilities for such examination and audit. 13. ENFORCEMENT OF AGREEMENT. Failure to comply with any term, covenant, condition, or requirement in this Agreement or in any note or other instrument executed in connection with this Agreement,for a period of Ninety(90)days after the HRA gives written notice specifying the form of non-compliance,shall constitute breach of contract and a default by City. If any default shall occur,the HRA may declare the Program funds provided to the City to be forthwith due and payable without presentment,demand,or further notice of any kind. The HRA may also pursue other such remedies as may be available under local,state,or federal laws. 14. CONTRACT ADMINISTRATION. Barbara Hayden Haugen,Administrative Manager,HRA Office of Planning and Development, shall manage this Contract on behalf of the HRA and serve as liaison between the HRA and City. 15. METHOD OF NOTICE. Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing,and shall be sent by registered or certified mail. Notices to the HRA shall be sent to the HRA Administrator, A-2300 Government Center, Minneapolis, Minnesota, 55487, with a copy sent to Director, Office of Planning and • Development,A-2308 Government Center,Minneapolis,Minnesota,55487. Notice to City shall be sent to the address as given in the opening paragraph of this Agreement. 4 • 16. REIMBURSEMENT DOCUMENTATION. Prior to reimbursement of expenses,City must provide the HRA the following documentation: a. Certified Resolution by the St. Anthony City Council authorizing the acquisition of the selected property. b. Copy of a valid and fully executed purchase agreement or deed for the Premises. C. Copies of any documentation to be provided at closing,required hereby. d. Documentation as required by the MHFA Program regarding the seller household. 17. TERMINATION OF AGREEMENT. This Agreement may be terminated by the HRA if: a. City is in default of its undertaking hereunder and the terns and conditions herein. b. Any information or representation presented to the HRA in connection with this Agreement is materially untrue. C. Cessation of MHFA funding by order of state authority making funds unavailable for disbursement under this Agreement. CITY,having signed this Agreement,and the HRA having duly approved this Agreement on Eel . _10, 199j and pursuant to such approval and the proper HRA officials having signed this Agreement,the parties • hereto agree to be bound by the provisions herein set forth. HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Chair And: Director APPROVED AS TO FORM AND EXECUTION CITY: THE CITY OF ST. THONY Assistant County Attorney Its: r Date: And: Its • 5 • EXHIBIT 1 LEGAL DESCRIPTION That certain real properties located in the County of Hennepin, State of Minnesota, and legally described as follows: Legal: Address: St. Anthony,MN 55418 • • AIL Hennepin County ifillki;1i• An Equal Opportunity Employer Owl January 28, 1998 Mr. Michael Mornson City Administrator City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Dear Mr. Mornson: Attached are two copies of the Grant Agreement between the Hennepin County Housing and Redevelopment Authority (HRA) and the City of St. Anthony for funding under the Minnesota Housing Finance Agency(MI-IFA) Community Rehabilitation Fund Program—DR • 1187 Recovery Program. Please sign and rettirn both covies f the agreemeAn original will be returned to the city a er it has been signed by the count . If you have any questions on this agreement, please feel free to contact Barb Hayden (541- 7083) or me (541-7091). ang Analyst Enclosure • Office Of Planning&Development Development Planning Unit Recycled Paper 10709 Wayzata Boulevard, Suite 260 Minnetonka,Minnesota 55305 (612) 541-7080 FAX:(612) 541-7090 TDD/r TY:(612) 541-7981