CR 99-107 CDBG Joint Cooperation Agreement w/ Hennepin County
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HOPKINS Council Rpt #99-107
0 June 7, 1999
CDBG JOINT COOPI1:P~ TlION AGP.JlIZMlENT 'WlITEI JH[lENNJ'J:1PiN COUNTY
F'rgltOJl~d Action
Staff recommends approval of the following motion: Adopt resolution number 99-047
authorizing execution of Joint Cooperation Agreement with Hennep-in County relating to the
Community Develop-ment Block Grant Program for Fiscal Years 2000-2002.
With this motion, the Joint Cooperation Agreement will be executed and forwarded to Hennepin
County.
Overrvie,,,
FOIr many years the City of Hopkins has participated in the Urban Hennepin County Community
Development Block Grant (CDBG) program, which entitles the City to a yearly allocation of
CnBG funds and the opportunity to compete for HOME funds. In order to participate in the
Hennepin County CDBG and HOME programs, the City must execute a Joint Cooperation
C) Agreement. This agreement would be in effect for fiscal years 2000 through 2002.
Because entitlement funds are allocated based on population, the City of Hopkins could not
qualify as an entitlement community without participation in the Urban Hennepin County
program and would have to compete for CDBG funds on a statewide basis.
]?Jrimnnr Issues to Consider
Ci What is the impact of this action on the City?
0 What are the major changes in the agreement?
SUJwoijing Docu.mentl1
0 Resolution 99-047
o Joint Cooperation Agreement
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C) HousiI1g Coordinator '
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0 Joint Cooperation Agreement
Council Rpt. 99-107
Page 2
J?n-imnnr JI!J.!l.!!,C!J to Con!Jidci'
0 'Whnt i!J tl1c impnct of thi!J ndion on the City?
Without the Joint Cooperation Agreement, the City of Hopkins would not be eligible for
entitlement funds through the CDBG program. Rather, the City would have to compete for the
funds through the state CnBG program with the likelihood of being funded very low.
0 WJbnt rlrc the mnjoi' chnngc!J in the ng[,lCcment?
The most significant change to the Joint Cooperation Agreement involves pooling funds for
communities receiving annual allocations ofless than $75,000. This is a change from the
previous threshold of $50,000. Because the City of Hopkins receives an annual allocation of
approximately $150,000 this will not affect us.
All other major provisions of the Cooperation Agreement remain the same including the
0 allocation formula.
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Alternntivcn
The City Council has the following alternatives regarding this issue:
0 Approve the action as recommended by staff
0 Elect not to participate in the Urban Hennepin County CDBG program during the next
three years.
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-047
lPJESOLUTIlON AUTlBIOlPJZING THE EXECUTION OF A JOINT COOPERATION
AGP,.EEMENT BETWEEN THE CITY OF HOPIGNS AND HENNEPIN COUNTY FOR
lP'ARTJIC]]l1JATJION lIN THE UP-JrnAN 111l'lNNEPJrN COUNTY COMMUNI1IY
IlllZWLOlPMENT RlLOC!( GMNT PROGP-AM IIN FY 2000-2002
VVHEREAS, the City of Hopkins, Minnesota and the County of Hennepin have in effect a Joint
Cooperation Agreement for purposes of qualifying as an Urban County under the United States
Department of Housing and Urban Development Community Development Block Grant
(CDBG) and HOME Investment Partnerships (HOIv.ffi) Programs; and
WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to
continue to qualify as an Urban County for purposes of the Community Development Block
Grant and HOME Programs.
0 BE IT THEREFORE RESOLVED that the current Joint Cooperation Agreement between the
City and the County be terminated and a new Joint Cooperation Agreement between the City and
the County be executed effective October 1, 1999, and that the Mayor and the City Manager be
authorized and directed to sign the Agreement on behalf of the City.
Adopted this 15th day of June, 1999.
Charles D. Redepenning, Mayor
Attest:
Terry Obermaier, City Clerk
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Contract No. A18637
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JOINT COOPERATION 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 "COUNTY," A-2400 Government Center, Minneapolis, Minnesota, 55487,
and the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING
UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made
pursuant to Minnesota Statutes, Section 471.59:
WITNESSETH:
COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that
COOPERATING UNIT shares its authority to carry out essential community development and housing activities
with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and
HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and,
therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually
agree to the following terms and conditions.
COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it:
0 1. May not also apply for grants under the State CDBG Program from appropriations for fiscal
years during which it is participating in the Urban County Program; and
2. May not participate in a HOME Consortium except through the Urban County.
li. DJEFJINJrT!ONS
The definitions contained in 42 USC 5302 of the Act and 24 CFR S570.3 of the Regulations are
incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings
given them:
A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42
U.S.C. 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 Unit" means any city or town in Hennepin County that has entered into a cooperation
agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each
Agreement.
0 E. "Consolidated Plan" means the document bearing that title or similarly required statements or
documents submitted to HUD for authorization to expend the annual grant amount and which is
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0 developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community
Development Block Grant Program.
F. "Metropolitan City" means any city located in whole or in part in Hennepin County which is certified
by HUD to have a population of 50,000 or more people.
n. PURPOSE
The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to
undertake, or assist in undertaking, community renewal and lower income housing assistance activities,
specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these'and other
eligible activities for the benefit of eligible recipients who reside within the corporate limits of the
COOPERATING UNIT which will be funded from annual Community Development Block Grant and HOME
appropriations for the Federal Fiscal Years 2000, 2001 and 2002 and from any program income generated from
the expenditure of such funds.
III. AGREEMENT
The term of this Agreement is for a period commencing on October 1, 1999 and terminating no sooner than
the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2002,
as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to
the County for such period. COUNTY may notify COOPERATING UNIT prior to the end ofthe Urban County
qualification period that the Agreement will automatically be renewed unless it is terminated in writing by either
0 party. Either COUNTY or COOPERATING UNIT may exercise the option to terminate the Agreement at the end
of the Urban County qualification period. If COUNTY or COOPERATING UNIT fail to exercise that option, it
will not have the opportunity to exercise that option until the end of a subsequent Urban County qualification
period. COUNTY will notify the COOPERATING UNIT in writing of its right to elect to be excluded by the date
specified by HUD.
This Agreement must be amended by written agreement of all parties to incorporate any changes necessary
to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable
for the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an
amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG
and HOME funds allocated for use in COOPERATING UNIT's jurisdiction.
Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of
the program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act.
This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY
pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution
and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Office
of Planning and Development, and in no event shall the Agreement be filed later than June 30, 1999.
COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the
applicant's certifications required by Section 104(b) ofthe Title I of the Housing and Community Development I
Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, Section 109 I
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of Title I of the Housing and Community Development Act of 1974; and other applicable laws.
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n IV. A CJfJIVITIES
,,,---- COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out within the
terms of this Agreement certain projects involving one or more of the essential activities eligible for funding under
the Act. CpUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities
by providing the services specified in this Agreement. The. parties mutually agree to comply with all applicable
requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations
in the use of basic grant amounts. Nothing in this Article shan be construed to lessen or abrogate COUNTY's
responsibility to assume all obligations of an applicant under the Act, including the development of the
Consolidated Plan, pursuant to 24 CFR Part 91.
COOPERATING UNIT further specifically agrees as follows:
A. COOPERATING UNIT will in accord with a COUNTY-established schedule prepare and provide
to COUNTY, in a prescribed form, requests for the use of Community Development Block Grant
Funds consistent with this Agreement, program regulations and the Urban Hennepin County
Consolidated Plan.
B. COOPERATING UNIT acknowledges that, pursuant to 24 CFR 9570.501 (b), it is subject to the
same requirements applicable to subrecipients, including the requirement for a written Subrecipient
Agreement set forth in 24 CFR 9570.503. The Subrecipient Agreement will cover the
implementation requirements for each activity funded pursuant to this Agreement and shall be duly
executed with and in a form prescribed by COUNTY.
C. COOPERATING UNIT aclmowledges that it is subject to the same subrecipient requirements stated
0 in paragraph B above in instances where an agency other than itself is undertaking an activity
pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances a written Third
Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form
prescribed by COUNTY.
D. COOPERATING UNIT shall implement all activities funded for each annual program pursuant to
this Agreement within Twenty-Four (24) months of the authorization by HUD to expend the basic
grant amount.
1. Funds for all activities not implemented within Twenty-Four (24) months shall be transferred
to a separate account for reallocation on a competitive basis.
2. Implementation period extensions may be granted upon request in cases where the authorized
activity has been initiated and/or subject of a binding contract to proceed.
E. COOPERATING UNIT will take actions necessary to assist in accomplishing the community
development program and housing goals, as contained in the Urban Hennepin County Consolidated
Plan.
F. COOPERATING UNIT shall ensure that all programs and/or activities funded in part or in full by
grant funds received pursuant to this Agreement shall be undertaken affirmatively with regard to fair
housing, employment and business opportunities for minorities and women. It shall, in
implementing all programs and/or activities funded by the basic grant amount comply, with all
applicable Federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights,
0 affirmative action and equal employment opportunities and Administrative Rule issued by the
COUNTY.
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0 G. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction
or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited
from receiving CDBG funding for any activities.
H. COOPERATING UNIT shall participate in .the citizen participation process as established by
COUNTY in compliance with the requirements of the Housing and Community Development Act
of 1974, as amended.
1. COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or
COUNTY to be ineligible.
J. COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the
interests of the parties hereto or any other party of interest as may be designated by the COUNTY.
K. COOPERATING UNIT 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 nonviolent 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 nonviolent civil rights
demonstrations within its jurisdiction.
COUNTY further specifically agrees as follows:
0 A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis,
all plans, statements and program documents necessary for receipt of a basic grant amount lll1der the
Act.
B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating
services to COOPERATING UNIT in the preparation and submission ofa request for flll1ding.
C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY
in fulfilling its responsibility to HUD for accomplishment of the community development program
and housing goals.
D. COUNTY shall, upon official request by COOPERATING UNIT, agree to administer local housing
rehabilitation grant programs funded pursuant to the Agreement, provided that COUNTY shall
receive Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as
reimbursement for costs associated with the administration of COOPERATING UNIT activity.
E. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to
administer, for a possible fee, other programs and/or activities funded pursuant to this Agreement
on behalf of COOPERATING UNIT.
F. COUNTY may, as necessary for clarification and coordination of program administration, develop
and implement Administrative Rules consistent with the Act, Regulations, HUD administrative
directives, and administrative requirements of COUNTY.
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CJ V. ALLOCATION OF BASIC GRANT AMOUNTS
Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows:
A. COUNTY shall retain Ten percent (10%) of the annual basic grant amount for the undertaking of
eligible activities.
B. The balance of the basic grant amount shall be made available by COUNTY to COOPERATING
UNITS in accordance with the formula stated in part C and the procedure stated in part D of this
section for the purpose of allowing the COOPERATING UNITS to submit funding requests. The
allocation is for planning purposes only and is not a guarantee of funding.
C. The COUNTY will calculate, for each COOPERATING UNIT , an amount that bears the same ratio
to the balance of the basic grant amount as the average of the ratios between:
1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS.
2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all
COOPERATING UNITS.
3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of
overcrowded housing by units in all COOPERATING UNITS.
4. In determining the average of the above ratios, the ratio involving the extent of poverty shall
be counted twice.
(~ D. Funds will be made available to communities utilizing the formula specified in C of this Section in
the following manner:
1. COOPERATING UNIT qualifying as a Metropolitan City (having populations of at least
50,000) will receive annual funding allocations equal to the HUD formula entitlement or the
COUNTY formula allocation, whichever is greater.
2. Other COOPERATING UNITS with COUNTY formula allocations of $75,000 or more will
receive funding allocations in accordance with the formula allocations.
3. COOPERATING UNITS with COUNTY formula allocations of less than $75,000 will have
their funds consolidated in a pool for award in a manner determined by COUNTY. Only the
COOPERATING UNITS, whose funding has been pooled, will be eligible to compete for
these funds.
E. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY
assumes no duty to gather such data independently and assumes no liability for any errors in the data
furnished by HUD.
F. In the event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the
amount not requested shall be made available to other participating communities, in a manner
determined by COUNTY.
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0 VI. ~TJROPOLITANC1fTIES
Any metropolitan city executing this Agreement shall defer their entitlement status and become part of
Urban Hennepin County.
This agreement can be voided if the COOPERATING UNIT is advised by HUD, prior to the completion of the
re-qualification process for fiscal years 2000-2002, that it is eligible to become a metropolitan city and the
COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the
COOPERATING UNIT's eligibility as a metropolitan city prior to July 16,1999, the COOPERATING UNIT must
remain a part of the COUNTY program for the entire three-year period of the COUNTY qualification.
VlI. OPOOON OF COUNSEL
The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Kgr~ment, hereby
opines that the tenns and provisions of the Agreement are fully authorized under State and local law and that
the COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community
development and honsing assistance activities, specifically nrba enewal a ~ly-assisted housing.
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1~' VIII. HENNEPIN COUNTY EXECUTION
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The Hennepin County Board of Commissioners having duly approved this Agreement on ,
1999 , and pursuant to such approval and the proper County official having signed this Agreement, the COUNTY
agrees to be bound by the provisions herein set forth.
COUNTY OF HENNEPIN, STATE OF MINNESOTA
By:
Chair of its County Board
And:
AssistantJDeputy/County Administrator ,
Attest:
Deputy/Clerk of the County Board
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APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
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(', IX. COOPERATING UNIT EXECUTION
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COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNIT'S governing body having
duly approyed this Agreement on , 1999 , and pursuant to such approval and the proper city official
having signcd this Agreement, COOPERATING UNIT ~grees to be bound by the provisions of this Joint
Cooperation Agreement, contract A 1863 7.
CITY OF
By:
Its Mayor
And:
Its City Manager
ATIEST: :
CITY MUST CHECK ONE:
The City is organized pursuant to:
- Plan A - Plan B - Charter
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t~ ...-.) May 7,1999
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