CITY OF GRANT
 
 

RESOLUTION APPROVING WASHINGTON COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) COOPERATION AGREEMENT
 

BE IT RESOLVED by the City Council of the City of Grant that the Community Development Block Grant (CDBG) Cooperation Agreement between Washington County and the City of Grant be approved and that the Mayor and Clerk are authorized to sign said Agreement,
 

Adopted this 3rd day of October, 2000
 

(signed)
Gary Erichson, Mayor

(signed)
Stephanie Marty, City Clerk
 WASHINGTON COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) COOPERATION AGREEMENT

THIS AGREEMENT is made and entered into under the auspices of MINN. STAT. ~ 471.59 and in furtherance of the requirements of the federal Community Development Block Grant (CDBG) program and HOME Investment Partnership Program by and between the County of Washington, State of Minnesota (County) and the City of Grant, hereinafter referred to as "Cooperating Community," both parties being governmental units of the State of Minnesota.

WITNESSETH:
WHEREAS, Title I of the federal Housing and Community Development Act of 1974 as amended provides for a program of community block grants to urban counties as that term is defined in the Act; and
WHEREAS, Washington County, Minnesota meets the criteria of urban county and is eligible to receive CDBG funds; and
WHEREAS, part 570, Chapter V of Title 24 of the Code of Federal Regulations (C.F.R.) sets forth the regulations governing the applicability and use of funds under Title 1; and
WHEREAS, 24 C. F. R. § 570.1 Os establishes the program qualification of an urban county as a county having a certain threshold population which is the combination of the population of unincorporated areas, plus the population of participating incorporated areas; and
WHEREAS, in order to be considered a participating incorporated area under the above definition, the City must enter into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to the CDBG Program and the HOME Investment Partnership Program; and
WHEREAS, it is in the interest of the City to have its population counted together with other municipalities of Washington County in order to be able to participate in these federal programs.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, 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 following meaning:
A.  ~The Act" means the Housing and Community Development Act of 1974, Title I, of Public Law 93-383, as amended (42 U.S.C. 5301, el seq. ).
B. ~~Regulation" means the rules and regulations promulgated pursuant to the Acts, including but not limited to 24 C.F.R. Part 570.
C. ~'HUD" means the United States Department of Housing and Urban Development.
D. ~~Cooperating Community" means any city or township in Washington County which has entered into this Agreement or one which is identical.
E. ~'CDBG Program" means federal program instituted under42 U.S.C. § 5301,etseq. as amended.
F. ~HOME Investment Partnership Program" means the federal program instituted under Title Ii of the Cranston-Gonzales National Affordable Housing Act, 42 U.S.C. § 12701 et seq. as amended.
The definitions contained in 42 U.S.C. § 5302 and 24 C.F.R. 570.3, as amended are incorporated herein by reference and made a part hereof.

 II. PURPOSE
The Cooperating Community and the County have determined that it is desirable and in the interests of the citizens that the County qualify 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 townships within the Count)', thus enabling the County to qualify under the Act.
The purpose of this Agreement is to authorize the County to participate with the Cooperating Community in undertaking or to assist in undertaking essential community development and housing

assistance activities pursuant to the CDBG entitlement Program and the HOME Investment Partnership Program.

III  TERM OF AGREEMENT
This Agreement shall be in effect upon execution and terminate no sooner than the end of the third program year covered by the application for the basic grant amount and approved after the effective date. This Agreement shall be effective for the Federal Fiscal Years 200~ through 2003. This Agreement shall renew automatically for subsequent three-year program-periods unless written notice of termination to be effective at the end of the current three year program-period is given by the Cooperating Community to the County following the same schedule as the "opt-out" notification requirements as established by HUD. Since this Agreement has an automatic renewal provision, the County shall, prior to the "opt-out" date, provide written notification to the Cooperating Community of the Community's rights under this "opt-out" provision. The County shall have the right to "opt out" of future renewal of the Agreement.
The parties agree that this Agreement will remain in effect until CDBG and HOME Investment Partnership Program funds and program income received for activities carried out during the three year qualification period (and any successive periods under the automatic renewal provision) are expended and the funded activities completed, and that the county and Cooperating Community cannot terminate or withdraw from this Agreement during this period. 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 Washington County as an urban county under the Act.

IV. METHOD
The Cooperating Community expressly agrees that it will 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 CDBG requirements. In making the application, the County shall address the goals and needs of County as developed in meetings between the Community, its citizens and the County, and also addressing the Act and other relevant Minnesota and/or federal statutes and regulations. The parties agree to cooperate fully in establishing priorities and in preparation of the application for a basic grant amount. The Cooperating Community and the County agree that the County shall establish a reasonable time schedule for the development of the grant application.
It is anticipated by the parties that the party ultimately implementing a project funded by monies received from the grant may be either the Cooperating Community, 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, though it is understood by the Cooperating Community that the County shall have final responsibility for selecting projects and filing annual grant requests. The County is hereby authorized to distribute to the Cooperating Community such funds as are determined appropriate for the Community to use in implementing a project and the County is hereby authorized to undertake projects within the Cooperating Community as are determined appropriate for the County to undertake. Contracts awarded and purchases made pursuant to a project under this Agreement shall conform to Minnesota statute and to the requirements of the entity undertaking the project.

V.  SPECIAL PROVISIONS
A. Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the right of the Cooperating Community or the County to submit individual applications for discretionary funds in the event County does not receive designation as an urban county entity under the Act.
B. The Cooperating Community and the 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 Regulation.
C. In the event that there is a revision of the Act and/or Regulation which would make this Agreement out of compliance with the Act or Regulation, both parties will review this Agreement and renegotiate those items necessary to bring the Agreement into compliance.
D. Both parties understand and agree that the refusal to renegotiate this Agreement in order to bring it into compliance will result in de facto termination of the Agreement as of the date it is no longer in compliance with the Act and/or Regulation.
E. All funds received by the County under the Act shall be deposited in the County treasury.
F. The Cooperating Community and the County shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulation. 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.
G. The Cooperating Community and the 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. The County shall perform all audits of the basic grant amounts and resulting program income as required under the Act and Regulation.
H. Pursuant to 24 C.F.R. 570.501(6), the parties agree that the municipality is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement described in 24 C.F.R. 570;503.
I. The County and Cooperating Community shall take all actions necessary to assure compliance with the County's certification required by section 104(b) of Title I of the Housing and Community 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 parties also agree that the County shall not fund activities in or in support of any Cooperating Community that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with the County's fair housing certification.
J. The parties agree that the Cooperating Community has adopted and is enforcing:
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.
K. 42 U.S.C. § 12701 The Cooperating Community acknowledges that by executing this Agreement it may not apply for grants from appropriations under the Small Cities or State Community Development Block Grant Programs for fiscal years during the period in which it participates in the County's CDBG Program. The Cooperating Community further acknowledges that during the period in which it participates in the County's CDBG Program it may only participate in a HOME Program (42 U.S.C. § 12701 et seq. and regulations promulgated thereto) through the County and is precluded from forming a HOME Consortium for participation in the HOME Program, except through the County.

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed.

WASHINGTON COUNTY, MINNESOTA

By:
R. H. Stafford, Chair
Board of Washington County Commissioners
Date:

By:
James R. Schug
Washington County Administrator
Date:
Approved as to form:

Assistant County Attorney

CITY OF GRANT
 

By: Gary Erichson
Its: Mayor
Date: 9/5/00
And: Stephanie Marty
Its: City Clerk
Date: September 5, 2000