1c. Joint Cooperative Agreement with Hennepin County.r
CITY OF �`'
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
' FROM: Kate Aanenson, AICP, Planning Commission
DATE: May 15, 1996
SUBJ: Joint Cooperation Agreement with Hennepin County
BACKGROUND
Attached is a Cooperation Agreement for FY 1997 -99 wi
shared powers for carrying out housing and community -d(
Housing and Urban Development (HUD) requires the'agr
as an urban county and be the recipient of Community De;
Investment Partnership Program (HOME) entitlement fur
The city would not be eligible in FY 1997 -99 to apply for
programs. The city will automatically participate in the H
eligible to receive HOME funds through the state or other
Action by City Administrator
Endorsed ✓
Modified
Rejected
Dat r E
Date Submitted to Commissiort
Date Submitted to Council
5"26 - fb
Hennepin County. The agreement sets forth
, lopment activities. The U. S. Department of
nent in order for Hennepin County to qualify
lopment Block Grant (CDBG) and HOME
under the small cities or state CDBG
n County Home program and will not be
The city is considered a split place by HUD because a portion of
Hennepin County. By executing this agreement the entire city's
county program.
As the city was previously informed by Hennepin County, the m
funding allocations are the pooling of funds for communities rec
less than $50,000. The city has been notified by Hennepin Coun
been increased by $1,980 to $51,920.
' Attached is the resolution executing this, agreement and Draft Coc
1996 -97 allocations have been approved by Hennepin County the
a joint powers agreement.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.
I g: \plan \ka \cdbgJpr
city's population is outside
ulation will be included in the urban
significant changes for future
ing annual planning allocations of
ghat the city's 1996 -97 allocation has
reement. After the FY
will be requested approve
L
1111111111111111110VINOC� ► � u�
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
MOTION BY.
RESOLUTION NO:
SECONDED BY.
RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION
AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND HENNEPIN COUNTY
FOR CONTINUED PARTICIPATION IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Chanhassen, 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 Programs.
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 County be executed effective October 1, 1996, and
that the Mayor and the City Manager be authorized and directed to sign the Agreement
on behalf of the City.
ice' 'T:1
Passed and adopted by the Chanhassen City Council this day of
ATTEST:
Don Ashworth, City Manager
YES
NO
Donald J. Chmiel, Mayor
ABSE
1
L
Contract No.
JOINT COOPERATION AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT made and entered into by and betu!een the COUNTS 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.IViinnesota, and made
pursuant to Minnesota Statutes, Section 471.59:
WITNESSETH::
COOPERATING UNIT and COUNTY agree that it ts: desirable and jn the interests of their citizens that
COOPERATING UNIT shares its authority to carry out `essential eonnmumty�development and housing activities
with COUNTY in order to permit COUNTY to. and'admuuster "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'&e execution of this Agreement that it understands that
it:
1. May riot 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 particrpate'in a HOME Consortium except through the Urban County.
I. DEFINITIONS
r
The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the Regulations are
incorporated fierem 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. "Statement of Objeetives and Pr-ejeeted Use : c�nsal.. €da�ed 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.
II. 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 cant' 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 19947 1994. and 19969 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 Ctofr<aG and terminating no sooner
than the end of the program year covered by the
orsldd for the basic grant amount for the Fiscal Year 19969, 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 sl}aIl t>±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 incogDorate 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 _199 .
l
7
1
COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the
applicant's certifications required by Section 104(b) of the Title I of the Housing and Community Development
' 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; The Aerie..., With Disabilities ",..
of 1990 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 ps.6) a an pursuant to 24 CFR §570.390
:::::::::::: .:::.:.::::::..::....::.:.:..:.
e." se�-
P ar"9 t
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, an annual requests for the use of Community Development
Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin
County Statement of Gnsolid;td I'I.
' 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 Eigh teen Twenty -Four (24) months of the authorization by HUD
to expend the basic grant amount.
' 1. Funds for all activities not implemented within E ighteen (1 4 ) Twenty -Four (24) months
shall be
' fiiansfeireef t a Separate account f¢r r Jo....at qn bn a pampeta:. ve o asts.
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.
�• (`!`L/1D1rD ATTAT(`_ 4AQT T, ll f '.d d t t.. ti 11 A
Seeon f this .. «t t,. th •�
vv x�r'x� aSo rmi�- proizQ °oa�ci9aai :c cv ovouvxx . ^o
('OOPPD A TrT IG UNIT Ea ac ti v it y shall have a budget of -At to ,mot C` .. .,t,. C... 14 1 '
i0- A TTAT(_ T -- -W
($7
less than Seventy Five 14undr-ed Pell$ -Ey7,5 ATTT ... .. le -..
than Seventy five Huiidr-ed Pellar-s ($7,500.00) te an artivit�' when th a efiyit., i s eli tT...t i s '
GOOPE ATTAT(_ TTATTT or- th fY UN4V en beh o f the 8th ., V i d d th the total aetiyit.,
budget is at least Seventy fiN 14undr-ed Della%
E. COOPERATING UNIT will take actions necessary to assist. -- €J accompilish g the community
development program and housing assistanee goals, as contained in the Urban Hennepin County
sJaedl '
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,
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.
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.
F
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 the � 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 assistance 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.
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 appe#iened e a l ie by COUNTY to
..............................
.... ...............................
..... ...............................
COOPERATING UNITS in accordance with the formula stated in part C arid! tho pricedttre slated
'
tt part Q of this section for the purpose of allowing the COOPERATING UNITS to e submit
fuRanig requests. f r- the use o f 4i so appe.t;,,., °a. The allocation is for planning purposes
only and is not a guarantee of funding.
C.
Tie OUiNITY tv Il;. aleulatii~, fo each COOPERATING UNIT ,
yeses, 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.
5
L I
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.
E. it is-the intent of s a ra thriff sa allocation utilize the same b „l ffien f
„rl., fi of funds a e set f i4 h i 24 GFR §570 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.
Fo. In the event COOPERATING UNIT does not request its plaflain . allocation, or a
.................:....
portion thereof, the amount not requested shall be added to the neia annu 1 basie -get amount
^,,.,,b o f th ^ Rr-° °meat made ava la e. �a dither parttp�patiTlg porxrtxt qtr a manner
VI. FINANCIAL MATTERS
A. Reimbursement to the COOPERATING UNIT for expenditures for the implementation of
activities funded under the Act shall be made upon receipt by the COUNTY of Summary of
Project Disbursement form and Hennepin County Warrant Request, and supporting documentation.
B. All funds received by COUNTY under the Act as reimbursement for payment to COOPERATING
UNITS for expenditure of local funds for activities funded under the Act shall be deposited in the
County Treasury.
C. COOPERATING UNIT and 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.
L �
L
D. COOPERATING UNIT and 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 '
6
I
1 3 ,41.
REAL ACQUISiTION OR 1AVROAWWN
91)BG funds.
and duly authorized federal officials. Such records shall be retained as provided by law, but in
R
no event for a period of less than three years from the last receipt of program income resulting
'
from activity implementation. COOPERATING UNIT and COUNTY shall perform all audits,
as may be required, of the basic grant amount and resulting program income as required under
the Act and Regulations.
'
E. COOPERATING. UNIT shall inform COUNTY of any income generated by the expenditure of
CDBG funds it has received and shall pay to COUNTY all program income generated except as
derived from activities with an approved revolving account. When program income is generated
'
by an activity that is only partially assisted with CDBG funds, the income shall be prorated to
reflect the percentage of CDBG funds used.
'
1. COUNTY will retain Ten percent (10 %) of all program income paid to COUNTY to defray
administration expenses.
'
2. The remaining Ninety percent (90 %) of the program income paid to COUNTY shall be
credited to the grant authority of COOPERATING UNIT whose project generated the
'
program income and shall be used for fundable and eligible CDBG activities consistent
with this Agreement.
3. !"'!lOP D A TDIG UNIT an d GQ W4 V are authorized to .et.,:., ., i fleem e der:red
eligible arativities in aeraer-danee with all GDBQ requir-ements as the) ffla� apply.
A !'YlOPEP A g4AiG T MT r :e,� to GOT NP
'
shall maintain a pp ate eFts - 4
. er-ds and Fnake
r may he n eeded to able COUNTY to mon a nd r-ep aFt to HUD the
e ed
S. A. e that i
to the ..1e e ,t eha e
hand
p en eF subse or- "
e.' (`l111D7~D A he to G01 44TV
T 1441T
st.4 - P;G shall paid
F. Should be detefmined to ineligible funds,
an appr-eved aetivity represent an expenditure ef grant
'
annu bas:, ...,.,t
I All . mh„Fnefneats f ..: eli e e.,d:t„res be added to the
shall next
f this ' e euFt of eampetent jWisdiet
1 3 ,41.
REAL ACQUISiTION OR 1AVROAWWN
91)BG funds.
R
7
1 3 ,41.
REAL ACQUISiTION OR 1AVROAWWN
91)BG funds.
7
VIII. METROPOLITAN CITIES
Any metropolitan city executing this Agreement shall defer their entitlement status and become part of ,
Urban Hennepin County.
IX. 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.
Assistant County Attorney
MIN
a• ON
rpm. �•
�•
a s, r
N.
VA On
- : M I ........
VIII. METROPOLITAN CITIES
Any metropolitan city executing this Agreement shall defer their entitlement status and become part of ,
Urban Hennepin County.
IX. 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.
Assistant County Attorney
X. 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.
Upon proper execution, this COUNTY OF HENNEPIN, STATE OF MINNESOTA
Agreement will be legally
valid and binding. By:
Chair of its County Board
Assistant County Attorney
Date:
And:
Deputy/Associate County Administrator
Attest:
Deputy County Auditor
APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
9
XI. COOPERATING UNIT 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
Date:
CITY MUST CHECK ONE:
The City is organized pursuant to:
Plan A Plan B
WCOOPAGRE.97VTC00P.AGR
April 23, 1996
Charter
10