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CR 96-86 CDBG Joint Cooperation AgreementMay 13, 1996 Proposed Action Staff recommends approval of the following motion : Adopt resolution number 96 -44 authorizing execution of Joint Cooperation Agreement with Hennepin County relating to the Community Development Block Grant Program for Fiscal Years 1997 -1999. With this motion, the Joint Cooperation Agreement will be executed and forwarded to Hennepin County. Overview Council Rpt #96 - 86 CDBG JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY For 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 CDBG funds. In order to participate in the Hennepin County CDBG and HOME programs, the City must execute a Joint Cooperation Agreement. This agreement would be in effect for fiscal years 1997 through 1999. 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 Primary Issues to Consider o What is the impact of this action on the City? o What are the major changes in the agreement? Supporting Documents o Resolution 96 -44 Kersten lverum Hous Coordinator eement • • Joint Cooperation Agreement Council Rpt. 96 -86 Page 2 Primary Issues to Consider o What is the impact of this action on the City? Without the Joint Cooperation Agreement, Hopkins would not be eligible for entitlement funds through the CDBG program. Rather, the City would have to apply for the funds through the state CDBG program, which is a highly competitive process. The majority of the cities in Hennepin County participate in the County consortium. o What are the major changes in the agreement? The most significant change to the Joint Cooperation Agreement involves pooling funds for communities receiving annual allocations of less than $50,000. However, since Hopkins receives an annual allocation of over $120,000, this will not affect us. Alternatives • The City Council has the following alternatives regarding this issue: o Approve the action as recommended by staff. o Elect not to participate in the Urban Hennepin County CDBG program during the next three years. • CITY OF HOPKINS HENNEPIN COUNTY, MINNESTOA RESOLUTION 96-44 RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF HOPKINS AND HENNEPIN COUNTY FOR CONTINUED PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, 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 (HOME) 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 Program. • NOW, THEREFORE, BE IT RESOLVED that the current Joint Cooperation A greement between the City and the County be terminated and a new Joint Cooperation Agreement between the City and County be executed effective October 1, 1996, and that the Mayor and the City Manager /Administration be authorized and directed to sign the agreement on behalf of the City. • Adopted by the City Council of the City of Hopkins, Minnesota, this 21st day of May, 1996. ATTEST: James A. Genellie, City Clerk Charles D. Redepenning, Mayor it: Contract No. 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 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. I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 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. • • 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 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. 11. 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 1997, 1998 and 1999 and from any program income generated from the expenditure of such funds. 111. AGREEMENT The term of this Agreement is for a period commencing on October 1, 1996 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 1999, 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 of the Urban County qualification period that the Agreement will automatically be renewed unless it is terminated in writing by either 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 than by their respa,tive 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 199 . • COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the a pplicant's certifications required by Section 104(b) of the Title I of the Housing and Community Development 2 Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, Section • 109 of Title I of the Housing and Community Development Act of 1974; and other applicable laws. IV. ACTIVITIES 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. COUNTY 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 shall 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 §570.501 (b), it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR §570.503. 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 acknowledges that it is subject to the same subrecipient requirements stated 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. I. 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. • 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 3 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, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. 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. I. 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: 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 under the Act. B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of a request for funding. 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. 4 • • • 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. 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: I. 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. 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 $50,000 or more will receive funding allocations in accordance with the formula allocations. 3. COOPERATING UNITS with COUNTY formula allocations of less than $50,000 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. 5 • • • 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. VI. METROPOLITAN CITIES My metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. VII. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the Agreement provides full legal authority for COUNTY to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. - 1 Assistant County Attorney 6 i Upon proper execution, this Agreement will be legally valid and binding. Assistant County Attorney Date: APPROVES TO EXECU l i Assistant Comity, Attorney Date: VIII. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on , 199 , 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: Deputy /Associate County Administrator Attest. 7 Deputy County Auditor • U : \COOPAGRE.971PPCOOP.FM April 23, 1996 IX. COOPERATING TJNIT EXECUTION COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNIT'S governing body having duly approved this Agreement on 199 , and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement, contract CITY OF By: Its And: Its CITY MUST CHECK ONE: The City is organized pursuant to: 8 Plan A Plan B Charter