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CR 95-132 Subrecipient Agreement Hennepin County \ Y 0 G <- . July 25, 1995 o p ~ \ ~ Council Rpt. #95-132 SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY - 1995 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Proposed Action Staff recommends approval of the following motion: Adopt resolution number 95-60 authorizing the execution of the Subrecipient Agreement and Third Party Agreements for the 1995 Community Development Block Grant (CDBG) Program and authorizing their submittal to Hennepin County. With this motion, the Subrecipient Agreement and Third Party Agreements will be executed and submitted to Hennepin County for their execution. Overview As a participating city in the Urban Hennepin County CDBG program, Hopkins will receive $166,417 in CDBG funds for the 1995 program year. The following activities were previously approved by the Hopkins City Council for the 1995 CDBG year: . o housing rehabilitation program o Greater Minneapolis Day Care Association o Community Action for Suburban Hennepin o public housing modernization. As a requirement of the CDBG funding process, the City must execute a Subrecipient Agreement with Hennepin County and a Third Party Agreement with the Greater Minneapolis Day Care Association and Community Action for Suburban Hennepin. The agreements must be signed and forwarded to Hennepin County by August 4, 1995, Primary Issues to Consider In order to receive 1995 funds through the Urban Hennepin County CDBG program, the agreements must be executed. The agreements outline the terms under which CDBG funds are released and the various program requirements which must be met. SUDDortint:!: Information o Resolution 95-60 o Subrecipient Agreementffhird Party Agreement / . / " / /" c/ ,i i lJ f:a "1 / 4t*'- K~rsten/~lverum, Hrsing I - . CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 95-60 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE 1995 (YEAR XXI) URBAN HENNEPIN COUNTY COrvIMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Hopkins, has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1995 (Year XXI) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U. S. Department of Housing and Urban Development for purposes of the program, and the City is a subrecipient under the program and receives a share of the grant; and e WHEREAS, program regulations require that the City and County execute a Subrecipient Agreement and appropriate Third Party Agreement, which sets forth the specific implementation processes for activities to be undertaken with program funds. NOW, THEREFORE, BE IT RESOLVED that the Hopkins City Council hereby authorizes and directs the Mayor and the City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City. Adopted this 1st day of August, 1995. By Charles D. Redepenning, Mayor Attest: James A. Genellie, City Clerk. e ---- -- SUBRECIPIENT AGREEMENT . URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as "RECIPIENT," A-2400 Government Center, Minneapolis, Minnesota 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "SUBRECIPIENT," 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, Recipient has received a $3,748,000 Federal Fiscal Year 1995 Community Development Block Grant (CDBG) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community development activities in cooperation with Subrecipient, according to the implementing regulations at 24 CFR Part 570; and WHEREAS, Federal Fiscal Year 1995 CDBG funds and any resulting program income have been approved by Recipient for use by Subrecipient for the implementation of eligible and fundable community development "activity/ies as included in and a part of the 1995 Consolidated Plan, Urban Hennepin County Community Development Block Grant (CDBGl Program and as set forth in Exhibit 1 to this Agreement; and e WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1, said responsibilities being specified in part in the Joint Cooperation Agreement effective October 1, 1993/ executed between Recipient and Subrecipient and in the 1995 Consolidated Plan, Urban Hennepin County CDBG Program and the Certifications contained therein. NOW, THEREFORE, the parties hereunto do hereby agree as follows: 1 . SCOPE OF SERVICES A. The Subrecipient shall expend all or any part of its CDBG allocation only on those activities identified in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. B. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient is responsible to the Department of Housing and Urban Development (HUDl for ensuring compliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity/ies which it is implementing. e 2. TERM OF AGREEMENT . The effective date of this Agreement is July 1, 1995. The termination date of this Agreement is December 31, 1996, or at such time as the activity/ies constituting part of this Agreement are satisfactorily completed prior thereto. Upon expiration, the Subrecipient shall relinquish to the Recipient all program funds unexpended and uncommitted, and all accounts receivable attributable to the use of CDBG funds for the activities described in Exhibit 1, as may be amended. 3. THIRD PARTY AGREEMENTS The Subrecipient may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the Recipient and only through a written Third Party Agreement acceptable to the Recipient. The Subrecipient shall not otherwise assign, transfer, or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior consent of the Recipient. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and property executed by the authorized representatives of the parties. An exception to this process will be in amending Exhibit 1 to this Agreement. e Exhibit 1, shall be deemed amended to conform to any amendments to the Consolidated Plan, as such amendments occur. Any amendments to the Consolidated Plan, which constitute substantial changes, must be accompanied by documentation that a local public hearing was conducted and by an authorizing resolution. Amendments which do not constitute substantial changes may be handled administratively. Hennepin County Office of Planning and Development staff may approve administrative amendments provided they are eligible, fundable and satisfy the objectives of the Consolidated Plan and the CDBG Program. Substantial change ;s defined as a change in (1) beneficiary; (2l project location; (3l purpose; or (4) scope, (more than a 50% increase or decrease in the original budget or $10,000, whichever is greater), in any authorized activity. The total budget of multi- community activities will be used in determining substantial change. 5. PA YMENT OF CDBG FUNDS The Recipient agrees to provide the Subrecipient with CDBG funds not to exceed the Hennepin County authorized budget to enable the Subrecipient to carry out its CDBG- eligible activity/ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the e 2 Subrecipient and draw no funds from HUD/U.S. Treasury on behalf of a Subrecipient . activity/ies, prior to having received a proper Hennepin County Warrant Request form from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with the appropriate regulations and requirements. 6. INDEMNITY AND INSURANCE A. The Subrecipient does hereby agree to release, indemnify, and hold harmless the Recipient from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. S. The Subrecipient does further agree that in order to protect itself as well as the Recipient under the indemnity agreement provisions hereinabove set forth it will at all times during the term of this Agreement and any renewal thereof, have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $1 million for property damage arising from one occurrence, $1 million for damages arising from death and/or total bodily injuries arising from one occurrence, and $1 million for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the Recipient, its officers, agents and employees by a certificate acknowledging this Agreement between the . Subrecipient and the Recipient. C. The Subrecipient's liability, however, shall be governed by the proVISIons of Minnesota Statutes Chapter 466. 7. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction, and services by the Subrecipient, the conflict of interest provisions in 24 CFR 85.36 and OMS Circular A-110 shall apply. B. In all other cases, the proviSions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY The Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend and hold the Recipient, its officers, agents, and employees harmless from any claims resulting from the Subrecipient's unlawful disclosure and/or use of such protected data. . 3 9. SUSPENSION OR TERMINATION . A. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and a default. Unless the Subrecipient's default is excused by the Recipient, the Recipient may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately cancelling this Agreement in its entirety. B. The Recipient's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon thirty (30) days' written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. 10. REVERSION OF ASSETS e Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand or in the accounts receivable attributable to the use of COBG funds, including COBG funds provided to the Subrecipient in the form of a loan. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using COBG funds in excess of $25,000 shall either be: A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until: (1 ) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County. (2) For any other Subrecipient, five years after expiration of this Agreement; or B. Not used in accordance with A. above, in which event the Subrecipient shall pay to the Recipient an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the Recipient. No payment is required after the period of time specified in A. above. . 4 11. PROCUREMENT . The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activity/ies. Procurement shall be carried out in accordance with the "Common Rule" Administrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described procurement requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. 12. ACQUISITION, RELOCATION, AND DISPLACEMENT A. The Subrecipient shall be responsible for carrying out all acquisitions of real property necessary for implementation of the activity/ies. The Subrecipient shall conduct all such acquisitions in its name, or in the name of any of its public, governmental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The Subrecipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide e advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. B. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(bl governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation requirements of 24 CFR 570.606(cl governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606{dl governing optional relocation assistance under section 1 05(a)( 11) of the Act. 13. ENVIRONMENTAL REVIEW The Recipient shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information, relevant documents, and public notices to the Recipient to accomplish this task. . 5 14. LABOR STANDARDS, EMPLOYMENT, AND CONTRACTING . The Recipient shall be responsible for the preparation of all requests for HUO for wage rate determinations on COSG activities undertaken by the Subrecipient. The Subrecipient shall notify the Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to ensure compliance with these requirements. 15. PROGRAM INCOME If the Subrecipient generated any program income as a result of the expenditure of CDSG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: A. The Subrecipient will notify the Recipient of any program income within ten (10) days of the date such program income is generated. When program income is generated by an activity only partially assisted with COSG funds, the income shall be prorated to reflect the percentage of CDSG funds used. S. That any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated unless the Subrecipient is permitted to retain program income. e C. Recipient will retain ten percent (10 %) of all program incom e paid to Recipient to defray administration expenses. The remaining ninety percent (90%) of the program income paid to the Recipient shall be credited to the grant authority of Subrecipient whose project generated the program income and shall be used for fundable and eligible CDSG activities consistent with this Agreement. D. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate record-keeping by the Subrecipient and reporting to the Recipient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in establishing an appropriate and proper record- keeping and reporting system, as required by HUD. E. That in the event of close-out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should close-out or change in status of the Subrecipie nt occur. . 6 16. USE OF REAL PROPERTY . The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDSG funds: A. The Subrecipient shall inform the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements including disposition. The Subrecipient will comply with the requirements of 24 CFR 570.505 to provide affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. S. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non- CDSG funds) of property acquired or improved with CDSG funds that is sold or transferred for a use which does not qualify under the CDSG regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required if the conditions of 24 CFR 570.503{b){8){i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The Recipient will have the option of requiring a second appraisal after review of the initial appraisal. C. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close-out, change of status or termination of the . Joint Cooperation Agreement between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the Recipient shall apply to all activities undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' 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, affectional/sexual preference, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. . 7 B. The Subrecipient will furnish all information and reports required to comply with . the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON-DISCRIMINATION BASED ON DISABILITY A. The Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the Recipient under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 20. LEAD-BASED PAINT The Subrecipient shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. e 21. FAIR HOUSING The Subrecipient shall be prohibited from receiving CDBG funds for activity/ies subject to this Agreement should it not affirmatively further fair housing within its own jurisdiction or impede action taken by Recipient to comply with the fair housing certification. 22. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, . 8 grant, loan, or cooperative agreement Subrecipient will complete and submit . Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 23. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES Subrecipient has adopted and is enforcing 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 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. 24. OTHER CDBG POLICIES The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional prohibitions Concerning Church/State Activities). 25. TECHNICAL ASSISTANCE The Recipient agrees to provide technical assistance to the Subrecipient in the form of oral and/or written guidance and on-site assistance regarding CDSG procedures and project management. This assistance will be provided as requested by the Subrecipient, . and at other times at the initiative of the Recipient when new or updated information concerning the CDSG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 26. RECORD-KEEPING The Subrecipient shall maintain records of the receipt and expenditure of all CDSG funds, such records to be maintained in accordance with OMS Circulars A-87 and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMS Circular A-11 0 and A-122, as applicable. All records shall be made available upon request of the Recipient for inspection/s and auditls by the Recipient or its representatives. If a financial audit/s determines that the Subrecipient has improperly expended CDSG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 22 of this Agreement. 27. ACCESS TO RECORDS The Recipient shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. . 9 28. AUDIT . The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1984, (U.S. Public Law 98-502) and the implementing requirements of OMS Circular A-128, Audits of State and Local Governments, and, as applicable, OMS Circular A-110, Uniform Requirements for Grants to Universities, Hospitals and Non-Profit Organizations. A. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecipient within six (6) months of the provision date. B. The audit is not required, however, in those instances where less than $25,000 in assistance is received from all Federal sources in anyone fiscal year. C. The cost of the audit is not reimbursable from CDBG funds. D. The Recipient reserves the right to recover from the Subrecipient's non-CDBG funds any CDBG expenses which ani disallowed by an audit. . . 10 RECIPIENT EXECUTION . The Hennepin County Board of Commissioners having duly approved this Agreement on June 6, 1995, and pursuant to such approval and the proper County officials having signed this Agreement, the Recipient agrees to be bound by the provisions herein set forth. APPROVED AS TO FORM COUNTY OF HENNEPIN, AND EXECUTION ST A TE OF MINNESOTA By: Chair of Its County Board Assistant County Attorney Attest: Date: Clerk of the County Board Date: . e 11 SUBRECIPIENT EXECUTION . Subrecipient, having signed this Agreement, and the Subrecipient's governing body having duly approved this Agreement on , 1995, and pursuant to such approval and the proper city official having signed this Agreement, Subrecipient agrees to be bound by the provisions of this Agreement. CITY OF By: Its And: Its Attest: Title: Date: CITY MUST CHECK ONE: . The City is organized pursuant to: - Plan A - Plan B - Charter . 12 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1 . The Subrecipient, as identified below, will be provided with Urban Hennepin County Community Development Block Grant funds in the not-to-exceed amount indicated to assist Subrecipient in funding the activity/ies in the amount and under the stipulations individually specified in the Project Description/Projected Use of Funds attached here to: S u brecipient 1995 COBG Funds Brooklyn Center 270,083 Brooklyn Park 553,188 Champlin 81,512 Chanhassen 50,196 Corcoran 23,781 Crystal 152,441 Dayton 21,556 Deephaven 14,178 Eden Prairie 193,258 Edina 204,554 Excelsior 1 7,160 Golden Valley 117,124 Greenfield 7,529 Greenwood 3,180 Hanover 3,678 Hassan 11,850 Hopkins 166,417 . Independence 15,882 Long Lake 11 ,311 Loretto 4,027 Maple Grove 158,493 Maple Plain 10,830 Medicine Lake 904 Medina 14,4 79 Minnetonka 187,175 Minnetonka Beach 1,864 Minnetrista 20,895 Mound 72,239 New Hope 182,816 Orono 23,918 Osseo 26,167 Richfield 276,638 Robbinsdale 94,351 Rockford 20,651 Rogers 4,347 Shorewood 17,996 Spring Park 12,500 St. Anthony 22,131 St. Bonifacius 8,274 St. Louis Park 312,471 Tonka Bay 8,000 Wayzata 30,446 Woodland 1,672 e TOTAL 3,432,162 Hennepin County 374,800 Total Alllocation *3,806,962 *Includes $58,962 recaptured funds THIRD PARTY AGREEMENT . URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the CITY liES executing this Master Agreement, each, hereinafter referred to as "City," and the [NAMEL hereinafter referred to as "Provider," [ADDRESS]: WITNESSETH: WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program (CDBGl by virtue of a Joint Cooperation Agreement effective October 1/ 1993 and executed between the City and Hennepin County pursuant to MSA 471.59; and WHEREAS, the City executed a Subrecipient Agreement with Hennepin County effective July 1/ 1995 which allocates funds from the Fiscal Year 1995 Urban Hennepin County CDBG Program for the purpose of supporting the activities as set forth in Exhibit 1 to this Agreement, "hereinafter referred to as "Activities." NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: 1. SCOPE OF SERVICES . A. Provider agrees to carry out Activities for the City as described in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1. B. Provider shall take all necessary actions required to implement Activities and to comply with any related requests by the City, it being understood that the City is responsible to Hennepin County for ensuring compliance with such requirements. Provider also will promptly notify the City of any changes in the scope or character of the Activities. 2. TERM OF AGREEMENT The effective date of this Agreement is July 1, 1995. The termination date of this Agreement is December 31, 1996, or at such time as the Activities are satisfactorily completed prior thereto. Upon expiration, Provider shall relinquish to the City all program funds unexpended or uncommitted for the Activities. 3. NON-ASSIGN MENT Provider shall not assign, subcontract, transfer, or pledge this Agreement and/or the Activities to be performed hereunder, whether whole or in part, without the prior consent of the City. . 4. AMENDMENTS TO AGREEMENT . Any material alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. All Amendments to this Agreement shall be made a part of this Agreement by inclusion as a numbered Exhibit, which shall be attached at the time of any Amendment. Substantial change is defined as a change in (1) beneficiary; (2) project location; (3) purpose; or (4) scope, (more than a 50% increase or decrease in the original budget or $10,000, whichever is greater), in any authorized Activity. The total budget of multicommunity activities will be used in determining substantial change. 5. PAYMENT OF CDBG FUNDS The City agrees to provide Provider with CDBG funds not to exceed the budget as described in Exhibit 1, to enable Provider to carry out the Activities. It is understood that the City shall be held accountable to Hennepin County for the lawful expenditure of CDBG funds under this Agreement. The City shall, therefore, make no payment of funds to Provider and draw no funds from Hennepin County on behalf of Provider prior to having received from Provider a request for reimbursement, including copies of all documents and records needed to ensure that Provider has complied with all appropriate regulations and requirements. . 6. INDEMNITY AND INSURANCE A. Provider does hereby agree to release, indemnify, and hold harmless the City from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss, or damage sustained by any person or corporation, including employees of Provider and property of Provider, which are caused by or sustained in connection with the tasks carried out by Provider under this Agreement. B. Provider does further agree that, in order to protect itself as well as the City under the indemnity agreement provisions hereinabove set forth, it will at all times during the term of this Agreement and any renewal thereof have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $1 ,000,000 for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the City, its officers, agents, and employees by a certificate acknowledging this Agreement between Provider and the City. . 2 7. CONFLICT OF INTEREST . A. In the procurement of supplies, equipment, construction, and services by Provider, the conflict of interest provisions in 24 CFR 85.36 and OMS Circular A-110 shall apply. S. In all other cases, the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY Provider agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. Provider agrees to defend and hold the City, its officers, agents, and employees harmless from any claims resulting from Provider's unlawful disclosure and/or use of such protected data. 9. SUSPENSION AND TERMINATION A. If Provider materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and a default. Unless Provider's default is excused by the City, the City may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately cancelling this Agreement in its entirety. . B. The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon 30 days written notice according to the provisions in 24 CFR 85.44. O. CDBG funds allocated to Provider under this Agreement may not be obligated or expended by Provider following such date of termination. Any funds allocated to Provider under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the City. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, Provider shall transfer to the City any CDSG funds on hand or in the accounts receivable attributable to the use of COBG funds, including COBG funds provided to Provider in the form of a loan. Any real property acquired or improved, in whole or in part, using COSG funds in excess of $25,000 shall either be: A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until: . 3 ( 11 For units of general local government, five years from the date that the unit . of general local government is no longer considered by HUD to be a part of Urban Hennepin County, (2) For any other Provider, five years after expiration of this Agreement; or B. Not used in accordance with A. above, in which event Provider shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the City. No payment is required after the period of time specified in A. above. 11 . PROCUREMENT Provider shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of the Activities. Procurement shall be carried out in accordance with the requirements of 24 CFR Part 85, and OMB Circulars A-110, A-122, as applicable. Provider shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews, as necessary, to ensure compliance with the above described procurement requirements. 12. ACQUISITION. RELOCATION. AND DISPLACEMENT A. Provider shall be responsible for carrying out all acquisitions of real property . necessary for implementation of Activities. Provider shall conduct all such acquisitions in its name and shall hold title to all real property purchased. Provider shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. Provider shall also be responsible for providing all relocation notices, counseling. and services required by said regulations. B. Provider shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as required under 24 CFR 570.606lal and HUD implementing regulations at 24 CFR Part 42; the requirements in 24 CFR 570.606lb) governing the residential anti-displacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation requirements of 24 CFR 570.606(c) governing displacement subject to Section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under Section 1 05(a)( 11) of the Act, as pertaining to the Activities. . 4 13. ENVIRONMENTAL REVIEW . Provider shall provide all necessary information and relevant documents to the City to enable the City and Hennepin County to maintain the environmental review record on all Activities. 14. LABOR STANDARDS, EMPLOYMENT, AND CONTRACTING The City shall be responsible for the preparation of all requests to Hennepin County for HUD wage rate determinations on Activities. The Provider shall notify the City prior to initiating Activity, including advertising for contractual services, which will include costs likely to be subject to the provisions of Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. 15. PROGRAM INCOME Any program income generated as a result of any Activities shall be forwarded immediately to the City upon receipt by Provider and the provisions of 24 CFA 570.504 shall apply. 16. USE OF REAL PROPERTY The following standards shall apply to real property acquired or improved through Activities, in whole or in part, using CDBG funds: . A. Provider shall inform the City at least 30 days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. B. Provider shall reimburse the City in an amount equal to the current fair market value Uess any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the City at the time of sale or transfer of the property. Such reimbursement shall not be required if the conditions of 24 CFA 570.503(b)(8Jli) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The City will have the option of requiring a second appraisal after review of the initial appraisal. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by Hennepin County shall apply to all Activities undertaken by Provider as provided in this Agreement and to any program income generated therefrom. . 5 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY . A. During the performance of this Agreement, Provider agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' 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, affectional/sexual preference, public assistance status, ex-offender status, or national origin; and no person protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. B. Provider will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON-DISCRIMINA nON BASED ON DISABILITY A. Provider shall comply with Section 504 of the Rehabilitation Act of 1973, as C!mended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by Provider receiving assistance from the City under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable, Provider shall comply with Public Law 101-336 . Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 20. LEAD-BASED PAINT Provider shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING Provider shall be prohibited from receiving CDBG funds for Activities subject to this Agreement if it impedes actions taken by the City to comply with the City's fair housing certification. 22. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of Provider, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of . 6 any federal loan, the entering into of any cooperative agreement, and the . extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Provider will complete and submit Standard Form-LLL, " Disclosure Form to Report Lobbying," In accordance with its instructions. 23. OTHER CDBG POLICIES Provider shall comply with the general condition of 24 CFR 570.200, particularly sections: (b) Special policies governing facilities; (f) Means of carrying out eligible activities; and (j) Constitutional prohibitions concerning church/state activities. 24. TECHNICAL ASSISTANCE The City agrees to provide technical assistance to Provider in the form of oral and/or written guidance and on-site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by Provider, and at other times at the initiative of the City when new or updated information concerning the CDBG Program is received by the City from Hennepin County and deemed necessary to be . provided to Provider. 25. RECORD-KEEPING AND ACCESS TO RECORDS Provider shall maintain records for the receipt and expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circular A-11 0 and A- 122, as applicable. All records shall be made available upon request of the City for monitoring by the City. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by Provider in implementation of the Activities and Provider agrees to provide all information required by any person authorized by the City to request such information from Provider for the purpose of reviewing the same. 26. AUDIT A. Provider agrees to provide City or Hennepin County with an annual audit report consistent with the provisions of OMS Circular A-11 0 Uniform Requirements for Grants to Universities, Hospitals and Non-Profit Organizations, OMS Circular A- 122 Cost Principles for Non-Profit Organizations, and OMS Circular A-1 33 Audits of Institutions of Higher Education and Other Non-Profit Institutions. (1 ) The audit report is to be provided to City or Hennepin County on July 1 of each year this Agreement is in effect and any findings of non-compliance . 7 affecting the use of CDBG funds shall be satisfied by Provider within 6 . months of the provision date. (2) The audit is not required, however, in those instances where less than $25,000 in assistance is received from all federal sources in anyone fiscal year. (3l The cost of the audit is not reimbursable from CDBG funds. (4) City reserves the right to recover from Provider the full amount of any CDBG funds found to be improperly expended or otherwise disallowed. B. Provider's assurance and certification regarding its financial management system is attached hereto as Exhibit 2 and incorporated herein by reference. e . 8 CITY EXECUTION . The City of having duly approved this Agreement on , 1995, and pursuant to such approval and the proper city officials having signed this Agreement, the city agrees to be bound by the provisions herein set forth. Upon proper execution, this Agreement will be legally valid and binding. Dated: , 1995 CITY OF STATE OF MINNESOTA By Its Mayor And Its Attest: Title: . . 9 PROVIDER EXECUTION . Provider, having signed this Agreement and the City having duly approved this Agreement, and pursuant to such approval and the proper officials having signed this Agreement, Provider agrees to be bound by the provisions of this Agreement. Dated: , 1995 PROVIDER: By Its And Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me this day of , 1995, by and ,the_ and the of , a Minnesota _ on behalf of said Notary Public . 10 THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM . EXHIBIT 1 The City/ies, as identified in this Exhibit, will provide the Provider with Urban Hennepin County Community Development Block Grant funds in the not-ta-exceed amount indicated to assist Provider in funding the activityfies in the amount and under the stipulations individually specified in the Project DescriptionlProjected Use of Funds attached hereto: Hopkins U: ICDBG X X I\AG REEIHOPPHA c EX e . ----- --- ---- THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM . EXHIBIT 1 The City/ies, as identified in this Exhibit, will provide the Provider with Urban Hennepin County Community Development Block Grant funds in the not-to-exceed amount indicated to assist Provider in funding the activity/ies in the amount and under the stipulations individually specified in the Project Description/Projected Use of Funds attached hereto: Crystal Eden Prairie Edina Golden Valley Hopkins Maple Grove Minnetonka New Hope Richfield Robbinsdale St. Louis Park . U :\CDBGXXI\AG REE\G MOCA. EX . . THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM . EXHIBIT 1 The City/ies, as identified in this Exhibit, will provide the Provider with Urban Hennepin County Community Development Block Grant funds in the not-to-exceed amount indicated to assist Provider in funding the activity/ies in the amount and under the stipulations individually specified in the Project Description/Projected Use of Funds attached hereto: Champlin Crystal Eden Prairie Edina Hopkins Maple Grove Minnetonka Mound Robbinsdale St. Louis Park . U: ICDBGXX1\AGREEICASH. EX . e THIRD PARTY AGREEMENT - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 2 ASSURANCE AND CERTIFICATION In connection with our responsibilities to manage the Fiscal Year 1995 Community Development Block Grant (CDBG) program funds that have been provided to our organization, we certify and assure that we are in compliance with the financial standards set forth in Federal Office of Management and Budget (OMB) Circular A-ll0 (Attachments F and G). Specifically, our organization's financial management system provides for the following: 1 . Accurate, current, and complete disclosure of the financial results of each federally sponsored project or program in accordance with the reporting requirements set forth in OMS Circular A-ll 0, Attachment G (Financial Reporting Requirements). 2. Records that identify adequately the source and application of funds for federally sponsored activities. These records contain information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Effective control over and accountability for all funds, property, and other assets. These e assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required, comparisons of financial information with performance and unit cost data. 5. Procedures to minimize the elapsed time between the transfer of funds from the county to our organization and the disbursement of funds by our organization. 6. Procedures for determining the reasonableness, allowability, and allocability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. . 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent certified public accountants to ascertain the effectiveness of the financial management systems and internal procedures that we have established to meet the terms and conditions of the federal grants and other agreements. The audits are conducted on an organization-wide basis and include an appropriate sampling of federal agreements. 9. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. -- 10. Organizations (subrecipientsl that receive CDBG funds from us are required to comply with the financial management standards set forth in this certification. e This assurance and certification is given in connection with any and all CDBG funds received after the date this form is signed. This includes payments after such date for financial assistance approved before such date. The undersigned recognizes and agrees that any such assistance will be extended in reliance on the representations and agreements made in this assurance. This assurance and certification is binding on this organization, its subrecipients, and on the authorized official whose signature appears below. Date: Organization Name By Chief Financial Officer U: ICDBG XXIIAG REE\EXHIBI T 2. WPD e . e