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IV.4. Amendment to Cooperative Agreement – Hennepin County; ElverumOctober 14, 2020 Council Report 2020-076 AMENDMENT TO COOPERATIVE AGREEMENT – HENNEPIN COUNTY Proposed Action Staff recommends adoption of the following motion: Move to approve Amendment to Cooperative Agreement between Hennepin County and the City of Hopkins. With this motion, the Amendment to the Cooperative Agreement will be executed. Overview Hennepin County has been a key partner in the realization of SW LRT and the City of Hopkins has been working collaboratively with Hennepin County to achieve SW LRT goals. Hennepin County is using Community Works funding to reimburse the Met Council for some project components being built as part of SWLRT, including the three trail grade separations. In order for Hennepin County to work and spend money within the cities, State statute requires the County and the cities enter into a cooperative agreement. In 2017 the City of Hopkins entered into the Cooperative Agreement with Hennepin County with an expiration date of December 31, 2020. Not all of the funding Hennepin County has committed to the SW LRT project will be spent by the current expiration date including the commitment to fund project components of the Blake Road trail underpass. Hennepin has requested an amendment to the current agreement that would extend the deadline for expenditures to December 31, 2025. The agreement does not obligate the City to spend any funds or undertake any specific projects, but rather to work cooperatively to further the goals of the Green Line Extension (also known as SW LRT). Any commitment of City funds through a multijurisdictional project would come back to the City Council for separate action. Primary Issues to Consider The agreement is an acknowledgement that the two entities, the City of Hopkins and Hennepin County have agreed to work together to further our shared goals, and is necessary to satisfy a statutory requirement. There is no financial commitment from the City of Hopkins granted through this extension. Supporting Information • Cooperative Agreement with Hennepin County • Amendment to Cooperative Agreement ___________________________ Kersten Elverum Director of Planning & Development Financial Impact: $0 Budgeted: Y/N NA___ Source: TBD Related Documents (CIP, ERP, etc.): _______________________________________ 2. Hennepin County Contract No. A 166832 This agreement shall commence on January 1. 2017 and expire on December 31. 2020. Merger and Modification. a.The entire Agreement between the parties is contained in this Agreement andsupersedes all oral agreements between the parties relating to the subject matter.All items that are referenced or that are attached are incorporated and made a partof this Agreement. If there is any conflict between the terms of this Agreementand referenced or attached items. the terms of this Agreement shall prevail.b.Any alterations. variations. modifications, or waivers of provisions of thisAgreement shall only be valid when they have been reduced to writing as anamendment to this Agreement and signed by the parties.3.Notices. Any notice or demand which must be given or made by a party under thisAgreement or any statute or ordinance shall be in writing. and shall be sent registered orcertified mail. Notices to the COUNTY shall be sent to the County Administrator at theaddress stated in the opening paragraph of the Agreement. Notice to the CITY shall besent to the address stated in the opening paragraph of the Agreement.4. 5. Audits. The books. records. documents. and accounting procedures and practices of the each party relevant to this agreement are subject to examination by the any party and either Legislative Auditor or the State Auditor for a period of six years atier the effective date of this Agreement. Termination. This Agreement terminates when the Projects, and the funding therefor. have been completed. 2 Page 1 of 3 Contract No. A166832 AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF HOPKINS THIS AMENDMENT made and entered into by and between the County of Hennepin, State of Minnesota (“COUNTY”), 300 South Sixth Street, Minneapolis, MN 55487, and the City of Hopkins (“CITY”), 1010 1st Street S., Hopkins, MN 55343. W I T N E S S E T H: WHEREAS, the parties wish to amend Contract No. A166832 in order to extend the term. NOW, THEREFORE, in consideration of the foregoing, the parties agree to amend the Agreement as follows: 1. The last sentence of Section 1 is deleted and replaced with the following: “This agreement shall commence on January 1, 2017 and expire on December 31, 2025.” This Amendment shall be effective as of January 1, 2021. Except as herein amended, the terms, conditions and provisions of said Contract No. A166832 shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY BLANK GREEN LINE EXTENSION AGREEMENT Contract No. A166832 Page 2 of 3 CITY, having signed this Amendment, and the Hennepin County Board of Commissioners having duly approved this Amendment on ____________________, 2020, and pursuant to such approval the proper County officials having signed this Amendment, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney’s Office By: ______________________________ Chair of Its County Board Date: ________________________ ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: Recommended for Approval: Chief Housing and Economic Development Officer Date: CITY OF HOPKINS By__________________________________ Its: City Manager Date: ________________________________ City Department Review: _________________________________ Its: Community Development Director Date: ___________________________ Approved as to form: ________________________________ City Attorney GREEN LINE EXTENSION AGREEMENT Contract No. A166832 Page 3 of 3 Date: ___________________________