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06.e CDBG Amend #2 Scandia #1142 AMENDMENT NUMBER TWO AGREEMENT #1142 WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COOPERATION AGREEMENT This Amendment Number Two is entered into and by the County of Washington, State of Minnesota, 14949 62nd Street North, PO Box 30 Stillwater, Minnesota, hereafter referred to as the “County” and the Town of Scandia, hereafter referred to as the “Cooperating Community”, is to amend CDBG Contract #1142. WITNESSTH: WHEREAS, Title II of the Cranston – Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12701 et seq. as amended) provides for a program known as the HOME Investment Partnership Program; and, WHEREAS, Washington County, Minnesota qualifies under said law as a member of the HOME Consortium formed by Anoka, Dakota, Ramsey and Washington Counties, and the Cities of Coon Rapids in Anoka County and Woodbury in Washington County; and, WHEREAS, 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 WHERAS, the governing regulations require that units of local government enter into a cooperation agreement with the County for participation in the HOME Program, which shall be the same cooperation agreement participation in the Community Development Block Grant Program; NOW, THEREFORE, the parties mutually agree to the following terms and conditions. 1. Section I. A. shall hereby be deleted and restated to read: A. “The Act” means the HOME Investment Partnership Act, Title II of the Cranston - Gonzales National Affordable Housing Act, 42 U.S.C. 12701 et seq., as amended. B. “Regulations” means those regulations found at 24 CFR Part 92, as amended. 2. Section V. is hereby deleted and restated to read: A. Nothing in this Agreement shall be construed 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 Regulations. C. In the event that there is a revision of the Act, Regulations, and/or the provisions of the Urban County Qualification Notice in effect at the time of renewal of this Agreement which would make this Agreement out of compliance with the Act, Regulations, or Urban County Qualification Notice, both parties will review this Agreement to renegotiate those items necessary to bring the Agreement into compliance. D. Both parties understand and agree that the refusal to renegotiate this Agreement will result in effective termination of the Agreement as of the date it is no longer in compliance with the Act and/or Regulations as amended. 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 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. 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 amounts and resulting program income as required under the Act and Regulations. H. The parties mutually agree to take all required actions to comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of the Housing and Community Development Act of 1974 and all other applicable requirements of the Act and Regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate the County’s responsibility to assume all obligations of an applicant under the Act, including the development of applications pursuant to 24 CFR 570.300 et seq. I. The parties further agree to 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, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, 24 CFR part 100, and affirmatively furthering fair housing. They also agree to assure compliance with section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), the Americans with Disabilities Act of 1990, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968 and other applicable laws. They also agree that the County shall not fund activities in, or in support of, a unit of general local government that does not affirmatively further fair housing within its own jurisdictions or that impedes the County’s actions to comply with its fair housing certification. J. 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. K. 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 L. 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. M. The parties further agree that the Cooperating Community may not sell, trade, or otherwise transfer all or any portion of such funds to a metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Housing and Community Development Act of 1974, as amended. 3. All other terms and conditions of the Agreement, unless specifically amended herein, remain in full f orce and effect. The parties have caused this Agreement to be duly executed. APPROVED AS TO FORM: /s/ Susan Steffen Tice Dated: 7/23/21 For County Attorney WASHINGTON COUNTY, STATE OF MINNESOTA By: Dated: Chair, Washington County Board of Commissioners By: Dated: Administrator, Washington County CITY OF SCANDIA By: Dated: Its: By: Dated: Its: