HomeMy WebLinkAboutContract 2010ANOKA COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT and
HOME INVESTMENT PARTINERSHIP PROGRAM
COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into under the requirements of the federal Community
Development Block Grant (CDBG) program and HOME Investment Partnership Program by and
between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as "COUNTY"
and the CITY OF COLUMBIA HEIGHTS hereinafter referred to as "COOPERATING
COMMUNITY", 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:
WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended,
provides for a program of community development block grants, as implemented by Part 570,
Title 24, Code of Federal Regulations, governing the applicability and use of funds under Title I;
and
WHEREAS, Title II of the Cranston -Gonzales National Affordable Housing Act of 1990, and as
amended provides for a program known as the HOME Investment Partnership program. Part 92
of Title 24 of the Code of Federal Regulations sets forth regulations governing the applicability
and use of funds under Title II; and
WHEREAS, Anoka County, Minnesota qualifies under said law as an "urban county" eligible to
receive community development block grants funds; and
WHERAS, the County's population, among other factors, is 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, Section 24 CFR 570.307, titled "urban counties" 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 Cooperating Community, to have its population counted
together with other municipalities of Anoka County who similarly agree;
NOW, THEREFORE, in consideration of mutual covenants and promises contained in this
Agreement, the parties mutually agree to the following terms and conditions.
SECTION I. DEFINITIONS
For the purpose of this Agreement, the terms defined in this section have the meanings given to
there:
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 township in Anoka County, which has
entered into a cooperation agreement which is identical to this Agreement.
E. "CDBG Program" means federal program instituted under 42 U.S.C. 5301, et seq. 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 of the Act and 24 CFR 570.3 of the Regulations are
incorporated herein by reference and made a part hereof.
SECTION II. PURPOSE
The Cooperating Community and the 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 townships within the County, 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.
SECTION III. TERM OF AGREEEMNT
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 2008 through 2010.
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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 nu . A copy of all notices m��ust be sent to the HL�
Field Office. 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 Anoka County as
an urban county under the Act.
SECTION IV. METHOD
The Cooperating Community and County hereby agree that it 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 basic grant amount
under the CDBG and HOME Investment Partnership Program 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.
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SECTION V. SPECIAL PROVISIONS
A. Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the
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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 of omissions of their respective officers, agents, and employees relating to
activities conducted by either under this Agreement, the Act or the Regulations.
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 Regulations, both parties will review this
Agreement and renegotiate those items necessary to bring the Agreement into
compliance.
D. All funds received by the County under the Act shall be deposited in the County treasury.
E. The Cooperating Community and the 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.
F. 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 (5) five years from
the date of completion of any activity funded under the Act or less than (5) five 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.
G. The county, as the CDBG grant recipient, either for the urban county or a joint recipient
(Metropolitan City/Urban County Joint Recipients) has full responsibility for the
execution of the community development program, for following its Consolidated Plan,
and for meeting the requirements of other applicable laws (e.g., National Environmental
Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act
of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of Title I of the
Housing and Community Development Act of 1974, the Americans with Disabilities Act
of 1990, and for affirmatively furthering fair housing). The Counties responsibilities must
include these functions even where, as a matter of administrative convenience or State
law, the county permits the participation units of general local government to carry out
essential community development and housing assistance activities. The county will be
held accountable for the accomplishment of the community development program, for
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following the Consolidated Plan, and for ensuring that actions necessary for such
accomplishments are taken by cooperating units of general local government.
H. The parties agree to take all actions necessary to assure compliance with the urban
county's certification required by section 104(b) of Title 1 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 1 of the Housing and Community
Development Act of 1974, and other applicable laws. The agreement also prohibits urban
county funding for activities in, or in support of, any cooperating unit of general local
government that does not affirmatively further fair housing within its own jurisdiction or
that impedes the county's action to comply with the county's fair housing certification.
This provision is required because noncompliance by a unit of general local government
included in an urban county may constitute noncompliance by the grantee (i.e., the entire
urban county) that can, in turn, provide cause for funding sanctions or other remedial
actions by the department.
The parties further agree that pursuant to 24 CFR 570.501 (b), the Cooperating
Community 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 Cooperating Community chooses to propose a project and actually will receive
funds from the County's entitlement allocation.
J. The parties further 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 individual 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. 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 the HOME Program (24 USC 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.
COUNTY OF ANOKA
STATE OF MINNESOTA
Dennis D. B rg,
Chair, Anq0 County 4oa4l of Commissioners
Terry,: Johnsen,
Anoka County Admi istrator
APPROVED AS TO FORM
AND EXECUTION
in
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1.
Anthony C. P46rao,
Assistant Anoka County Attorney
Date
CITY OF COLUMBIA HEIGHTS
STATE OF MINNESOTA
By: r,
Its:
Its: e�
Date: " f,
I hereby certify that the provisions of this agreement are fully
authorized under state and local law and that the agreement provides
frill legal authority of the County.
M'' N N' � W - � � �
Anthony C. al mbo
Assistant a County Attorney.
RECEIVED APR. 16 7019
COLUMBIA
-HEIGHTS'-
City of Columbia Heights I Community Development
590 40'h Ave NE, Columbia Heights, MN 55421 - Ph: 763-706-3670 - www.columblaheightsmn.gov
April 11, 2019
AC Community and Government Relations
ATTN: Renee Sande
2100 3rd Avenue, Suite W250
Anoka, MN 55303
RE. 2020-2022, Requalification for HUD Programs,
Dear Mrs, Sande:
I am writing to inform you that the City of Columbia Heights has elected to OPT -IN and remain a
participant with Anoka County for the administration of the CDBG and HOME programs for
federal fiscal years 2020 through 2022.
The City recognizes that choosing to OPT -IN means that the City of Columbia Heights will be
ineligible to apply for individual grants trough the HUD Small Cities, State CDBG, and Home
programs, Additionally, the City understands that our Cooperation Agreement with the County
will automatically renew for another three-year period.
Should you have any questions, please do not hesitate to contact me directly at 763-706-3675
or achirpich@cg)liumrb)iiahe!Rhtsmn,jzov.
Sinc rely,
Aaron J. Chirpich
Community Development Director
cc: Kelli Bourgeois, City Manager
CH COLUMBIA
HEIGHTS
City of Columbia Heights I Community Development
590 40`^ Ave NE, Columbia Heights, MN 55421 • Ph: 763-706-3670 • www.columbiaheightsmn.gov
May 4, 2022
AC Community and Government Relations
ATTN: Linda Hedstrom
Anoka County Government Center
2100 3Id Avenue, Suite 700
Anoka, MN 55303-5024
RE: 2023-2025 Urban Requalification for Anoka County
Dear Linda Hedstrom:
I am writing to inform you that the City of Columbia Heights has elected to OPT -IN and remain a
participant with Anoka County for the administration of the CDBG and HOME programs for
federal fiscal years 2023 through 2025.
The city recognizes that choosing to OPT -IN means that the City of Columbia Heights will be
ineligible to apply for individual grants through the HUD Small Cities, State CDBG, and HOME
programs. Additionally, the City understands that our Cooperation Agreement with the County
will automatically renew for another three-year period.
Should you have any questions, please do not hesitate to contact me directly at 763-706-3675
or achirpich@columbiaheightsmn.gov
Sincerely,
Aaron J. Chirpich
Community Development Director
cc: Kelli Bourgeois, City Manager