Res No 118-11-13432RESOLUTION NO. 118 -1 1 -13 4 3 2
A resolution authorizing the City Manager to enter into an agreement with Miami -Dade County for
Urban County Qualification for Participation in the Community Development Block Grant
(CDBG), Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs
for Fiscal Year 2012, 2013 and 2014.
WHEREAS, the City of South Miami desires to participate in Miami -Dade County's
Urban County Community Development Block Grant (CDBG), Home Investment Partnerships and
Emergency Shelter Grant programs for the years 2012, 2013, and 2014 ( "the Agreement "); and
WHEREAS, the Community Development Block Grant ( "CDBG ") Program is
authorized by the Housing and Community Development Act of 1974, as amended, with the
primary objective of promoting and development of viable urban communities; and
WHEREAS, the Home Investment Partnerships Program ( "HOME ") is authorized
under Title II of the Cranston - Gonzalez National Affordable Housing Act, as amended. Program
regulations are at 24 CFR Part 92; and
WHEREAS, the Emergency Shelter Grant ( "ESG ") program is authorized by the
McKinney -Vento Homeless Assistance Act, as amended. Program regulations are at 24 CFR Part
576; and
WHEREAS, the City desires to participate in the CDBG, HOME and ESG programs as
part of the County's Entitlement jurisdiction; and
WHEREAS, the County is desirous of the City participating in the CDBG, HOME and
ESG programs as part of the County's Entitlement jurisdiction; and
WHEREAS, it is mutually beneficial to the City and the County for the County to
administer and execute the provisions of the Agreement; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has
indicated that the County and City may cooperate as an Urban County Joint Entitlement Recipient
in administration of CDBG, HOME, and ESG; and
WHEREAS, County and City are required to execute a cooperation agreement, or
renew an existing cooperation agreement, for the City's participation in the County's jurisdiction
for CDBG, HOME and ESG funds for each three -year qualification period; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City shall remain in the Miami -Dade County's Urban County Community
Development programs for 2012, 2013, and 2014.
Pg. 2 of Res. No. 118 -11 -13432
Section 2. The City Manager is authorized to execute the Urban Qualification
Cooperation Agreement for the Miami -Dade County Community Development Block Grant,
Home Investment Partnerships Program Funds and Emergency Shelter Grant Programs for
fiscal years 2012, 2013 and 2014.
Section 3. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 26 day of JulY , 2011
ATTEST: APPROVED:
IL
CITY CLE MAYOR
Cornmission Vote: 4-0
READ AND AP OVED AS TO FORM Mayor Stoddard: absent
AND SU NCY: / j Vice Mayor Newman: Yea
y Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
�� CIT A ORN j I
South Miami
A - ftedcaCity
CITY OF SOUTH MIAMI 11111.7
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager 1
From: Jennifer Korth, Grants and Sustainable Initiatives Administrator
Department of Grants & Sustainable Initiatives
Date: July 26, 2011 Agenda Item No.: _I
A resolution authorizing the City Manager to enter into an agreement with Miami -
Dade County for Urban County Qualification for Participation in the Community
Subject: Development Block Grant (CDBG), Home Investment Partnerships (HOME) and
Emergency Shelter Grant (ESG) Programs for Fiscal Year 2012, 2013 and 2014.
The City of South Miami has participated in the Miami -Dade County's
configuration for the CDBG, HOME, and ESG programs in previous three -year
Background: qualification periods. Under this program the City of South Miami has had the
opportunity to receive grant funding for many projects, including the following
open contracts: a) SW 66`h Street Improvements, Phase II, b) SW 641h Street
Improvements, c) CRA Street Lighting Project, d) Murray Park Pool.
Expense: $0.00
Account: N/A
1. Proposed Resolution
2. Letter dated July S, 2011 to Mayor Stoddard, Ph.D. from Rowena Crawford,
Assistant Director of Housing and Community Development, Miami -Dade
County
3. Urban Qualification Cooperation Agreement
Attachments: 4. Letter dated June 30, 2011 from the City Manager Hector Mirabile, Ph.D. to
Maria R. Ortiz, Director of Community Planning and Development Division,
Miami -Dade County
S. Letter dated June 21, 2011 to Mayor Stoddard, Ph.D. from Rowena Crawford,
Assistant Director of Housing and Community Development, Miami -Dade
County
6. US HUD Urban County Qualification CPD -11 -02 Notice
MIAMI -pDADE
Wamidade.gov
July 5, 2011
The Honorable Phillip K. Stoddar, PhD, Mayor
City of South Miami
6130 Sunset Drive
South Miami, FI, 33143
Housing and Community Development
701 N.W. I st Court, 14th Floor
Miami, Florida 33136
T786-469-2100 F786-469-2236
Re: Urban County Qualification Cooperation Agreement for participation In the
Community Development Block Grant (CDBG) Program for Fiscal Year 2012 - 2014
Dear Mayor Stoddar:
This is a follow -up to the Miami -Dade County Department of Housing and Community
Development (DHCD) recent correspondence pertaining to The Housing and Community
Development Act of 1974 requiring that every three years, all counties participating in the U.S.
Department of Housing and Urban Development (US HUD), Community Development Block
Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Solutions Grant (ESG)
programs must undergo US HUD's Urban County Qualification process, which includes inviting
local jurisdictions to participate.
We have received your confirmation to opt -into Miami -Dade County's Urban Qualification process
and to participate in its federal CDBG, HOME and ESG Programs.
Your jurisdiction's election to participate requires the execution of a Cooperation Agreement with
the County, approval of the Cooperation Agreement by your governing body, execution of the
Cooperation Agreement by the chief executive officer, and other documents and certifications
required by US HUD. For your reference, a copy of the US HUD Urban County Qualification
CPD -11 -02 Notice (4//2812011 through 4/2812012) is attached. Please execute the agreement
and return the document to DHCD by Friday, July 8, 2011.
As a reminder, in reviewing the Qualification Notice, please note that if the City of South Miami
elects to be Included in Miami -Dade County's configuration, your municipality will not be eligible
to apply for grants under the State Small Cities or the federal CDBG or HOME programs. As part
of the urban county configuration, the City of South Miami may receive an allocation from Miami -
Dade County through the County's annual competitive Request For Application (RFA) process.
Please address your notifications to the following:
Ms. Maria R. Ortiz, Director
Community Planning and Development Division
U.S. Department of Housing and Urban Development
Region IV, Miami Field Office
Brickell Plaza Federal Building
909 SE 1�tAvenue, Room 500
Miami, Florida 33131 -3042
Miami -Dade County
Urban Qualification
Cooperation Agreement
Page 2
Mrs. Rowena Crawford
Assistant Director
Miami -Dade County
Department of Housin and Community Development
701 N.W. 1$t Court, 14 Floor
Miami, FL 33136
If you need further information regarding this request or on the Urban County Qualification
Process, please contact Rickert Glasgow, Manager, Community Planning and Outreach Division,
at (786) 469 -2130 or my office at (786) 469 -2100.
Sincerely,
Rowena Crawford
Assistant Director
Enclosures: Cooperation Agreement
CPD Notice — 11 -02
cc: Howard Piper, Special Assistant to the County Manager
Rickert Glasgow, Manager, Community Planning and Outreach Division, DHCD
Resolution Number
Awarded Amount $
URBAN QUALIFICATION COOPERATION AGREEMENT FOR THE MIAMI -DADE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS
PROGRAM FUNDS FOR FISCAL YEARS 2012, 2093 AND 2014
. BETWEEN
MIAMI -DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Agreement (hereinafter referred to as "Agreement" or "Contract "), by and between Miami -Dade
County, a political subdivision of the State of Florida through its Department of Housing and Community
Development hereinafter referred to as "DHCD" and having its principal offices at 701 N.W. 1 Court, 14
Floor,'Miami, Florida 33936, hereinafter referred to as "County", and CLty of South Miami, hereinafter
referred to as "City" and having offices at 6130 Sunset Drive, South Miami, Florida 33143 and telephone
number of 305 - 663 -6340, collectively referred to as the "Parties ", states, conditions and covenants for the
participation of City in the - Community Development Block Grant, Home Investment Partnerships and
Emergency Shelter Grant programs, which are administered by the Department of Housing and Urban
Development ( "HUD "), as part of the County's jurisdiction.
WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and
welfare of the residents throughout the County; and
WHEREAS, the Community Development Block Grant ( "CDBG ") Program is authorized by the Housing
and Community Development Act of 1974, as amended, with the primary objective of promoting and
development of viable urban communities. Program regulations are at 24 CFR Part 570; and
WHEREAS, -the Home Investment Partnerships program ( "HOME") Is authorized under Title it of the
Cranston - Gonzalez National Affordable Housing Act, as amended. Program regulations are at 24 CFR
Part 92; and
WHEREAS, the Emergency Shelter Grant ( "ESG ") program is authorized by the McKinney -Vento
Homeless Assistance Act, as amended. Program regulations are at 24 CFR Part 576.
WHEREAS, the CDBG, HOME and ESG programs shall collectively be referred to as the "Federal
Funds'; and
WHEREAS, the City desires to participate in the CDBG, HOME and ESG programs as a participating
municipality in the County's jurisdiction; and
WHEREAS, the County is desirous of the City participating in the CDBG, HOME and ESG programs as
part of the County's Entitlement jurisdiction; and
WHEREAS, it is mutually beneficial to each of the Parties hereto for the County to administer and execute
the provisions of this Agreement in accordance with the terms and conditions hereinafter provided and
subject to local ordinances and state and federal law; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has indicated that the
County and City may cooperate as an Urban County Joint Entitlement Recipient in administration of
CDBG, HOME and ESG; and
WHEREAS, County and City are required to execute a cooperation agreement, or renew an existing
cooperation agreement, for the City's participation in the County's jurisdiction for Federal Funds for each
three -year qualification period ( "Qualification Period "); and
WHEREAS, the governing bodies of the County and the City have authorized the execution of this
Agreement by the Chief Executive Officer of the County and City, respectively, or where not approved
prior to being signed by the Chief Executive Officer of the County and City, respectively, this Agreement
shall be contingent upon ratification by the governing bodies of the County and the City, respectively, and
evidence of such ratification shall be attached herewith; and
WHEREAS, this Agreement shall be accompanied by a legal opinion from the County's counsel that the
terms and provisions of this Agreement are fully authorized under State and local law and that the
Agreement provides full legal authority for the County; and
WHEREAS, the County intends to further include within the Urban County the City of South Miami
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The City, by executing this Agreement, agrees that:
a. City may receive an allocation under the CDBG and HOME Programs through the County's,
Request for Application Process. The County does not receive a HOME formula allocation,
City cannot form a HOME consortium with other local governments. (Note: this does not
preclude the County or the City from applying for State HOME funds.); and
b. City may not apply for grants from appropriations under the State CDBG Program for the
fiscal years City participates in the County's CDBG program; and
c. City may receive an allocation under the ESG program only through the County, However,
City may apply to the State for ESG funds, if the State allows.
2. This Agreement shall cover -the County Qualification Period for Fiscal Years 2012, 2013, and
2014 for which the County is to qualify to receive Federal Funds. This Agreement shall remain in
effect until the Federal Funds and program income received (with respect to the three -year
qualification period and any successive qualification periods pursuant to automatic renewal of this
Agreement) are expended and the funded activates completed, and the County and the City
cannot terminate or withdraw from this Agreement while the Agreement remains in effect.
3. This Agreement may be automatically renewed for successive three -year Qualification periods at
the discretion of the County unless the County or the City provides written notice that it elects not
to extend City's participation for the new Qualification Period. The City and County agree that a
copy of such notice shall be timely sent to the HUD Field Office.
4. By the date specified in the HUD's Urban County Qualification Notice for each Qualification
Period, the County will notify the City in writing of its right not to participate. A copy of the
County's notification to City shall be sent to the HUD Field Office by the date specified in the
Urban County Qualification schedule located in any applicable Urban County Qualification Notice
for a Qualification Period.
b. The Parties agree that they will timely execute any amendments to the Agreement necessary to
comply witti the requirements for cooperation agreements set forth in the Urban. County
Qualification Notice, attached as referenced (Exhibit A), for any Qualification Period governed by
this Agreement. The Parties further agree that any amendment so executed will be timely
submitted to HUD as required by the Urban County Qualification CPD Notice 11 -02 (04/28/11 -
04/28/2012). (See Attachment A, Section IV.E; Documents To Be Submitted To HUD). Failure to
comply with the requirements of this section will void the automatic renewal for the applicable
qualification period.
z
6. The County and City agree to cooperate to undertake, or assist in undertaking, community
renewal and lower- income housing assistance activities.
7. The County and .City shall take all actions necessary to assure compliance with the County's
certification required by Section 104(b) if Title I of the Housing and Urban 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, and other applicable laws.
8. under no circumstances shall the Federal Funds be used for activities in, or in support of, any
participating municipality, including City, that does not affirmatively further fair housing within its
own jurisdiction or that impedes the County's actions to comply with the County's fair housing
certification.
9. The City acknowledges that the County has final responsibility and authority for selecting
activities to fund with the Federal Funds and submitting the Consolidated Plan to HUD. The City
agrees that during the term of this Agreement, the City will fully support the implementation of the
County's Consolidated Plan and any amendments.
10. -The City affirms that it has adopted and is enforcing:
a. 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
b. 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
demonstration within the City.
11. Pursuant to 24 CFR 570.503, the City is subject to the same requirements'applicable to
subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503.
12. The County shall take the final responsibility and assume all the obligation of application for
assistance under the provisions of the Housing and Community Development Act of 1974 and
subsequent amendments, including the analysis of needs, the setting of objectives, the
development of a HUD and Consolidated Plan, the HUD Consolidated Plan and Action Plans,
and any other documents, assurances, or certificates as required by HUD, subject to change in
legislation or regulations.
13. Funds for housing and community development activities shall be expended in a manner to
reflect the needs of low to moderate - income groups pursuant to the Housing and Community
Development Act 1974, as amended.
14. All records of the County or City related to this Agreement and any projects undertaken pursuant
thereto shall, upon reasonable notice, be available for inspection by HUD, County and /or City
auditors during the normal business hours.
15. This agreement shall be binding upon the Parties hereto and their successors and assigns.
16. The City and the County acknowledge that it may be necessary to dispose of real property that
was originally acquired or improved in whole or in part using Federal Funds, The City agrees that
it shall notify the County within thirty (30) days regarding any proposed modification or change in
the use of real property form that planned at the time of acquisition or improvement, including
disposition. The City acknowledges that federal regulations may require a public hearing or other
process prior to modifying, changing the use or disposing of such real property.
17. Indemnification. The County shall not assume any liability for the acts, omissions to act or
negligence of the City, its agents, servants or employees; nor shall the City exclude liability for its
own acts, omissions to act, or negligence arising out of the City's performance pursuant to this
Agreement. The City shall indemnify and hold harmless the County and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorneys'
fees and costs of defense, which the County or its officers, employees, agents or instrumentalities
may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or
nature arising out of, relating to or resulting from the performance of this Agreement by the City or
its employees, agents, servants, partners principals or subcontractors. The City shall pay all
claims and losses in connection therewith and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the County, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon.
The City expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the City shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the County or its officers, employees, agents and
instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign
immunity by the County or City nor shall anything herein be construed as consent by the County
to be sued by third parties in any matter arising out of this Agreement. The provisions of this
section survive the termination or expiration of this Agreement. Nothing herein shall be construed
to extend any party's liability beyond that provided in section 768.28, Florida Statutes.
59
IN* WITNESS THEREOF, the parties hereto have caused this thiryy- -eight (38) pa a contract to be
executed by their undersigned officials as duly authorized, this �y day of,, 201V
AWARDEE:
City of South Miami
of
BY:
NAME: �h1I t• S'h�C�C�G.Y�
TITLE:
Mavor
DATE:
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APPROVE TO FORM:
BY-
NAME:
TITLE: County At orn v
DATE:
MIAMI -DA
BY:
NAME:_ZW1 1jz�
TITLE::
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Corr
Passed, Adopted and approved this `u day of42011
ATTEST
Maria M. Menendez
BY:
(Signature)
Type or rin ame
City Clerk
AGREEMENT IS NOT VALID UNTIL SIGN
5
CITY OF SOUTH 1:
P, /City anager
South Miami
47 Mfr
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CITY MANAGER'S OFFICE
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June 30, 2011 Certified Mail f#:
7010 3090 0001 5617 4488
Ms. Maria R. Ortiz, Director
Community Planning and Development Division
U.S. Department of Housing and Urban Development
Region IV, Miami Field Office
Brickell Plaza Federal Building
909 SE I st Avenue, Room 500
Miami,. Florida .33.13.1. -3042
RE: Urban County Qualification for Participation in the Community Development
Block Grant (CDBG) Program for Fiscal Year 2012 — 2014
Dear Ms. Ortiz;
The City of South Miami elects to participate in the Miami -Dade County's configuration for the
Community Development Block Grant (CDBG) Program for Fiscal Year 2012 - 2014.
Please do not hesitate to contact me if you have questions or need additional information.
Sincerely,
Hector Mirabile, Ph.D.
City Manager
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June 21, 2011
Honorable Mayor Phillip K. Stoddar, Phd.
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Housing and Community Development
701 N.W. 1 st Court, 14th Floor
Miami, Florida 33136
T786-469-2100 F786-469-2236
Re; Urban County Qualification for Participation in the Community
Development Block Grant (CDBG) Program for Fiscal Year 2012 - 2014
Dear Mayor Phillip K. Stoddar, Phd.:
The Housing and Community Development Act of 1974 requires that every three years, all
counties participating in the U.S. Department of Housing and Urban Development (US HUD)
Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME)
programs must undergo US HUD's Urban County Qualification process. This process, which
involves counties working with units of general local government eligible to participate, (i.e. a
municipality which is not entitled to receive its own federal or state entitlement), began on April
22, 2011 and will end on September 21, 2011.
Miami -Dade County (the County) is currently qualified as an urban county and scheduled to re-
qualify for the period that begins January 1, 2012 and ends December 31, 2014. This letter
formally request that by June 24, 2011, City of South Miami indicate in writing, its intent to
participate in Miami -Dade County's configuration. An election to participate will require the
execution of a Cooperation Agreement with the County, approval of your governing body, a
legal opinion, and other documents and certifications required by HUD as set forth in the
attached CPD -11 -02 Notice. This agreement will be sent to you under separate cover.
For your reference, a copy of the US HUD Urban County Qualification CPD -11 -02 Notice
(4128/2011 thru 4/28/2012) is attached.
As you review the Qualification Notice, please note that if the City of South Miami elects to be
included in Miami -Dade County's configuration, your municipality will not be eligible to apply for
grants under the State Small Cities or the Federal CDBG or HOME programs. As part of the
urban county configuration, City of South Miami may receive an allocation from Miami -Dade
County through the County's annual competitive Request - For - Application (RFA) process.
Please address your notifications to the following:
Ms. Maria R. Ortiz, Director
Community Planning and Development Division
U.S. Department of Housing and Urban Development
Region IV, Miami Field Office
Brickell Plaza Federal Building
909 SE 1St Avenue, Room 500
Miami, Florida 33131 -3042
1
Miami -Cade County
Urban Country Qualification
Mrs. Rowena Crawford, Assistant Director
Miami -Dade County
Department of Housing and Community Development
701 N.W. 1St Court, 14th Floor
Miami, FL 33136
if you need further information regarding this request or on the Urban County Qualification
Process, please contact Rickert Glasgow, Manager, Community Planning and Outreach
Division, at (786) 469 -2100.
Sincerely,
Rowena r wford
Assistant Director
Attachments (CPD Notice - 11 -02)
ATTACHMENT A
Q��P.MEMt pFyOu
* } U.S. Department of Housing and Urban Development
Community Planning and Development
Special Attention of
All Regional Administrators
All CPD Division Directors
All CDBG Grantees
Notice: CPD -11 -02
Issued: April 28, 2011
Expires: April 28, 2012
Supersedes: CPD Notice 10 -02
SUBJECT: Instructions for Urban County Qualification for Participation in the Community
Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2012 -2014
INTRODUCTION
This Notice establishes requirements, procedures and deadlines to be followed in the
urban county qualification process for FYs 2012 -2014. Information concerning specific
considerations and responsibilities for urban counties is also provided. HUD Field Offices and
urban counties are expected to adhere to the deadlines in this Notice.
This Notice provides guidance for counties wishing to qualify or requalify for entitlement
status as urban counties, as well as for existing urban counties that wish to include previously
nonparticipating communities. Please send copies of this Notice to all presently qualified
urban counties, to each county that can qualify for the first time or requalify for FYs 2012-
2014, and to each state administering the State CDBG program which includes a
potentially eligible urban county. If you are notified of one or more new potential urban
counties, each should be provided a copy of this Notice. This Notice includes six attachments
which contain listings of: Attachment A, all currently qualified urban counties; Attachment B,
counties that can potentially qualify for the first time or requalify this qualification period (2012-
2014); Attachment C, counties scheduled to qualify or requalify in FY 2012 for FY 2013-2015;
Attachment D, counties scheduled to qualify or requalify in FY 2013 for FY 2014 -2016;
Attachment E, currently qualified urban counties that can add nonparticipating units of
government for the remaining one or two years of their qualification period; and Attachment F,
list of counties that may qualify as urban counties if metropolitan cities relinquish their status.
Additions to Attachment B may be provided separately.
The schedule for qualifying urban counties is coordinated with qualifying HOME
consortia in order to be able to operate both the CDBG and HOME programs using the same
urban county configurations. The CDBG urban county qualification process for the FY 2012-
2014 qualification period will start April 22, 2011, and run through September 21, 2011. This
will provide HUD sufficient time before the September 30 deadline for FY 2012 funding under
the HOME Program to notify counties that they qualify as urban counties under the CDBG
Program. Urban county worksheets will be accessible via CPD's Grants Management Process
(GMP) system. The CPD Systems Development and Evaluation Division will provide guidance
on completing, submitting and verifying urban county qualification data in the GMP system.
New requirements were added in 2008 to the urban county qualification process
concerning notification and submission of documents to HUD Headquarters. Jurisdictions that
are qualifying as an urban county for the first time must submit all required documents outlined
in Section IV to the Entitlement Communities Division in HUD Headquarters in addition to their
local HUD offices (see Section IV for details). In addition, if new jurisdictions are seeking to
qualify as urban counties because they contain metropolitan cities willing to relinquish their
entitlement status, the Entitlement Communities Division in HUD Headquarters should be
notified as soon as possible, but no later than two weeks after the jurisdictions notify the Field
Office of their intent to qualify as an urban county (see Section VIII for details).
Section IX was changed in 2008 to further clarify the actions required by HUD Field
Office Counsel to complete Determinations of Essential Powers for new and requalifying urban
counties.
Policy questions from Field Offices related to this Notice should be directed to the
Entitlement Communities Division at (202) 708 -1577. Data questions should be directed to the
Systems Development and Evaluation Division at (202) 708 -0790. Requests for deadline
extensions should be directed to the Entitlement Communities Division. The TTY number for
both divisions is (202) 708 -2565. These are not toll -free numbers.
The information collection requirements contained in this notice have been approved by
the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 -3520) and assigned OMB control number 2506 -0170, which expires 2/29/12. In
accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless the collection displays a currently
valid OMB control number.
DGBE: Distribution: W -3 -1
ATTACHMENT A
TABLE OF CONTENTS
I. GENERAL REQUIREMENTS .......................................................... ............................... 1
A. Threshold ................................................................................ ............................... 1
B. Consolidated Plan Requirements ............................................. ............................... 1
C. Consolidated Plan Requirements Where the Urban County is in a HOME
Consortium.............................................................................. ............................... 2
D. Synchronization of Urban County and HOME Qualification Periods .............. 2
II. QUALIFICATION SCHEDULE ...................................... ..............................2
III. QUALIFICATION ACTIONS TO BE TAKEN BY COUNTY ......... ............................... 5
A. Cooperation Agreements /Amendments .................................. ............................... 5
B. Notification of Opportunity to be Excluded .............................. ..............................6
C. Notification of Opportunity to be Included ............................ ..............................7
D. Notification of Split Places .................. ............................... ................. .................. 7
E. Notification of Opportunity to Terminate Agreement ............ ............................... 8
IV. DOCUMENTS TO BE SUBMITTED TO HUD ........ ...............................
V. COOPERATION AGREEMENTS ..................................................... ............................... 9
VI. PERIOD OF QUALIFICATION ....................................................... ............................... 12
A. General ..................................................................................... .............................12
B. Retaining Urban County Classification ................................. ............................... 13
VII. URBAN COUNTY PROGRAM RESPONSIBILITIES ................... ............................... 13
VIII. SPECIAL CONSIDERATIONS ........................................................ ............................... 14
A. Metropolitan City/Urban County Joint Recipients ................ ............................... 14
B. Subrecipient Agreements ....................................................... ............................... 15
C. Ineligibility for State and Small Cities CDBG Program ........ ............................... 15
D. Eligibility for a HOME Consortium ...................................... ............................... 15
E. Counties with Potential New Metropolitan Cities .................... .............................16
IX. DETERMINATIONS OF ESSENTIAL POWERS ............ .............................16
Attachments A — All Currently Qualified Urban Counties
Attachment B -- Counties Scheduled to Requalify in 2011 for FYs 2012 -2014
Attachment C - Counties Scheduled to Requalify in 2012 for FYs 2013 -2015
Attachment D - Counties Scheduled to Requalify in 2013 for FYs 2014 -2016
Attachment E — Counties Qualified Through 2012 or 2013 That Contain Non-Participating
Communities
Attachment F — List of Counties That May Qualify as Urban Counties if Metropolitan Cities
Relinquish Their Status
COMMUNITY DEVELOPMENT BLOCK GRANT
URBAN COUNTY QUALIFICATION
Fiscal Years 2012 -2014
In accordance with 24 CPR 570.307(a) of the Community Development Block Grant
(CDBG) regulations, the information below explains HUD's process for qualifying and
requalifying urban counties for purposes of the CDBG program.
1. GENERAL REQUIREMENTS
A. Threshold
In order to be entitled to receive CDBG funds as an urban county, a county must qualify
as an urban county under one of the following thresholds:
1. Have a total combined population of 200,000 or more (excluding metropolitan
cities) from the unincorporated areas and participating incorporated areas; or
2. Have a total combined population of at least 100,000 but less than 200,000 from the
unincorporated areas and participating incorporated areas, provided that, in the
aggregate, those areas include the majority of persons of low and moderate income
that reside in the county (outside of any metropolitan cities). Under this provision
the county itself must still have a potential combined population of 200,000
(excluding metropolitan cities); or
3. Meet specific requirements of Sec. 102(a)(6)(C) or (D) of Title I of the Housing and
Community Development Act of 1974, as amended.
HUD must make a review to determine that an urban county possesses essential
community development and housing assistance powers in any unincorporated areas
that are not units of general local government (UGLGs). HUD must also review all of
the UGLGs within the county to determine those, if any, in which the county lacks such
powers. The county must enter into cooperation agreements with any such units of
local government that are to become part of the urban county. Such agreements would
bind an UGLG to cooperate in the use of its powers in carrying out essential activities in
accordance with the urban county's program. See Section IX for additional information
on Determinations of Essential Powers.
B. Consolidated Plan Requirements
In order to receive an Entitlement Grant in FY 2012, an urban county must have an
approved Consolidated Plan (pursuant to 24 CFR 570.302 and Part 91). This includes
urban counties newly qualifying during this qualification period; urban counties that
continue to include the same communities previously included in the urban county; and
those urban counties that are amending their urban county configurations to add
communities that chose not to participate previously. Where an urban county enters
into a joint agreement with a metropolitan city for CDBG purposes, a Consolidated Plan
is submitted by the urban county to cover both governmental entities.
Pursuant to 24 CFR Part 91, submission of a jurisdiction's Consolidated Plan may occur
no earlier than November 15, and no later than August 16, of the Program Year for
which CDBG, HOME, Emergency Shelter Grants (ESG) and Housing Opportunities for
Persons With AIDS (HOPWA) funds are appropriated to cover the Federal fiscal period
of October 1, 2011, through September 30, 2012. An urban county's failure to
submit its Consolidated Plan by August 16, 2011, will automatically result in a loss
of CDBG funds for the 2012 program year (24 CFR 570.304(c)(1)). The
Consolidated Plan must meet all requirements of 24 CFR Part 91, including all required
certifications.
C. Consolidated Plan. Requirements Where the Urban County is in a HOME Consortium
Where UGLGs form a "consortium" to receive HOME funding, the consortium submits
the Consolidated Plan for the entire geographic area encompassed by the consortium
(24 CFR 91.400). Therefore, if an urban county is a member of a HOME consortium,
the consortium submits the Consolidated Plan, and the urban county, like all other
CDBG entitlement grantees in the consortium, is only required to submit its own non-
housing Community Development plan (24 CFR 91.215(f)), an Action Plan (24 CFR
91.220) and the required Certifications (24 CFR 91.225(a) and (b); 91.425 (a) and (b)),
as part of the consortium's Consolidated Plan. If an urban county has a CDBG joint
agreement with a metropolitan city, they must form a HOME consortium to become one
entity for HOME purposes (For additional information on the requirements for
consortia agreements, see 24 CFR 92.101 and the Notice of Procedures for Designation
of Consortia as a Participating Jurisdiction for the HOME Program (CPD -08-01)).
D. Synchronization of Urban County and HOME Qualification Periods
The CDBG urban county's and HOME consortium's qualification periods are for three
successive years. If a member urban county's CDBG three -year cycle is not the same as
the HOME consortium's, the consortium may elect a qualification period shorter than
three years to get in sync with the urban county's CDBG three -year qualification cycle,
as permitted in 24 CFR 92.101(e).
II. QUALIFICATION SCHEDULE
The following schedule will govern the procedure for urban county qualification for the
three -year qualification cycle of FYs 2012 -2014. Unless noted otherwise, deadlines may
only be extended by prior written authorization from Headquarters. Deadlines in paragraphs
D, E, G, and I may be extended by the Field Office as specified below. However, no
extension may be granted by the Field Office if it would have the effect of extending a
subsequent deadline that the Field Office is not authorized to extend.
A. By May 13, 2011, the HUD Field Office shall notify counties that may seek to qualify
or requalify as an urban county of HUD's Determination of Essential Powers (see
Section IX) as certified by the Field Office Counsel (see Attachment B, Counties
Scheduled to Qualify or Requalify in 2011 for the 2012 -2014 Qualification Period).
B. By May 13, 2011, counties must notify split places of their options for exclusion from
or participation in the urban county (see Attachment B and Section 111, paragraph D, for
an explanation of split places).
C. By May 13, 2011, counties must notify each included unit of general local government,
where the county is authorized to undertake essential community development and
housing assistance activities without the consent of the governing body of the locality,
of its right to elect to be excluded from the urban county, and the date by which it must
make such election (see Attachment B and paragraph E, below). Included units of
government must also be notified that they are not eligible to apply for grants under the
State CDBG program while they are part of the urban county, and that, in becoming a
part of the urban county, they automatically participate in the HOME and ESG
programs if the urban county receives HOME and ESG funding, respectively. Urban
counties do not receive a direct HOPWA formula allocation. Moreover, while they may
only receive a formula allocation under the HOME and ESG Programs as part of the
urban county, this does not preclude the urban county or a unit of government
participating with the urban county from applying for HOME or ESG funds from the
State, if the State allows.
A county that is already qualified as an urban county for FY 2012 (see Attachment E,
Counties Qualified through 2012 or 2013 that Contain Nonparticipating Communities)
may elect to notify nonparticipating units of government that they now have an
opportunity to join the urban county for the remainder of the urban county's qualification
period (see paragraph H, below).
D. By May, 13, 2011, any county which has executed cooperation agreements with no
specified end date is required to notify affected participating units of government in
writing that the agreement will automatically be renewed unless the unit of government
notifies the county in writing by June 3, 2011, (see paragraph F, below) of its intent to
terminate the agreement at the end of the current qualification period (see Attachment
B). Any extension of this deadline must be authorized in writing by the Field Office.
An extension of more than seven days requires the Field Office to notify the Entitlement
Communities Division by telephone.
E. By June 3, 2011, any included unit of general local government, where the county does
not need the consent of its governing body to undertake essential community
development and housing assistance activities, that elects to be excluded from an urban
county must notify the county and its HUD Field Office, in writing, that it elects to be
excluded. Any extension of this deadline must be authorized in writing by the Field
Office. An extension of more than seven days requires notification of the Entitlement
Communities Division by telephone.
F. By June 3, 2011, any unit of government that has entered into a cooperation agreement
with no specified end date with the county and elects not to continue participating with
the county during the FY 2012 -20.14 qualification period must notify the county and its
HUD Field Office in writing that it is terminating the agreement at the end of the current
period. The county may allow additional time provided any such extension does not
interfere with the county's ability to meet the deadline in paragraph J, below.
G. By June 3, 2011, any unit of general local government that meets "metropolitan city"
status for the first time and wishes to defer such status and remain part of the county, or
to accept such status and become a joint recipient with the urban county, must notify the
county and the HUD Field Office in writing that it elects to defer its metropolitan city
status or to accept its status and join with the urban county in a joint agreement. Any
metropolitan city that had deferred its status previously or had accepted its status and
entered into a joint agreement with the urban county, and wishes to maintain the same
relationship with the county for this next qualification period, must notify the county
and the HUD Field Office in writing by this date. A potential metropolitan city that
chooses to accept its entitlement status, but chooses not to enter into a joint agreement
with the urban county, or a current metropolitan city that chooses not to maintain a joint
agreement with the urban county, must also notify the urban county and the HUD Field
Office by this date. Any extension of this deadline must be authorized in writing by the
Field Office. An extension of more than seven days requires the Field Office to notify
the Entitlement Communities Division by telephone.
H. By June 3, 2011, any unit of general local government that is not currently participating
in an urban county and chooses to participate for the remaining second or third year of
the county's qualification period must notify the county and the HUD Field Office in
writing that it elects to be included. The county may allow additional time provided any
such extension does not interfere with the county's ability to meet the deadline in
paragraph J, below.
1. By July 1, 2011, HUD Field Offices must notify CPD's Systems Development and
Evaluation Division via e -mail whether a potential new metropolitan city elects to defer
or accept its status (as discussed in paragraph G, above).
By July 15, 2011, any county seeking to qualify as an urban county (see Attachment B)
or to include any previously nonparticipating units of general local government into its
configuration (see Attachment E) must submit to the appropriate HUD Field Office all
qualification documentation described in Section 1V, Documents to be Submitted to
HUD by County. Any extension of this deadline must be authorized in writing by the
Field Office and should not interfere with the Field Office's ability to meet the deadline
in paragraph K. The Entitlement Communities Division must be notified by telephone
if an extension of more than seven days is needed.
K. By July 29, 2011, Field Office Counsel should complete the reviews of all cooperation
agreements and related authorizations and certify that each cooperation agreement meets
the requirements of Section V, Cooperation Agreements. AU delay in completion of
the review must not interfere with the Field Office's ability to meet the deadline in
paragraph M. The Entitlement Communities Division should be notified by telephone
of any delay in the Field Counsel's review. Note: If a county is using a renewable
agreement and has submitted a legal opinion that the terms and conditions of the
agreement continue to be authorized (see Section IV, paragraph E), review of such
opinion by Field Office Counsel is optional.
L. During mid to late June, Headquarters will post the urban county worksheets for each
qualifying and requalifying urban county (listed on Attachment B) on the CPD Grants
Management Process (GMP) system. All information on included units of
government must be completed via GMP. Specific instructions for completing these
electronic worksheets will be provided by the CPD Systems Development and
Evaluation Division at the time they are posted on GMP.
M. By August 12, 2011, Field Offices shall update and complete the form electronically for
each qualifying or requalifying county. The revised worksheet must be sent to the
appropriate county for verification of data (either via FAX, email, or regular mail). The
Systems Development and Evaluation Division will have access to the completed
worksheets in GMP. Field Offices shall also concurrently make available to the
Systems Development and Evaluation Division (and each affected urban county) a
memorandum that identifies any urban coon already qualified for FY 2011 that is
adding apy new units of government, together with the names of the.newly included
units of government (see Attachment E). THIS DEADLINE MAY NOT BE
EXTENDED WITHOUT PRIOR WRITTEN AUTHORIZATION FROM THE
ENTITLEMENT COMMUNITIES DIVISION.
N. By September 912011 (or soon thereafter), Headquarters will complete its review of the
urban county status worksheets and memoranda for those urban counties adding new
units of government. The Field Offices will have access to the updated worksheets and,
where necessary, an indication of any apparent discrepancies, problems or questions —
all noted in GMP. The Field Office is to verify the data (on the website at
http: //hudatwork.hud.gov /po /d/ field /Participation/index.cfzn) and notify the Systems
Development and Evaluation Division within seven days if any problems exist. If there
are no problems, Field Offices will notify each county seeking to qualify as an urban
county of its urban county status for FY 2012 -2014 by September 21, 2011.
III. QUALIFICATION ACTIONS TO BE TAKEN BY COUNTY
The following actions are to be taken by the urban county:
A. Cooperation Agreements /Amendments
Urban counties that must enter into cooperation agreements or amendments, as
appropriate, with the units of general local government located in whole or in part
within the county, must submit to HUD executed cooperation agreements,
together with evidence of authorization by the governing bodies of both parties
(county and UGLG) executed by the proper officials in sufficient time to meet the
deadline for submission indicated in the schedule (see Section V, Cooperation
Agreements, paragraph A). Cooperation agreements must meet the standards in
Section V of this Notice.
B. Notification of Opportunity to Excluded
Units of general local government in which counties have authority to carry out
essential community development and housing activities without the consent of
the local governing body are automatically included in the urban county unless
they elect to be excluded at the time of qualification or requalification. Any
county that has such units of general local government must notify each such unit
that it may elect to be excluded from the urban county. The unit of government
must be notified:
1. That if it chooses to remain with the urban county, it is ineligible to apply for
grants under the State CDBG program while it is part of the urban county;
2. That if it chooses to remain with the urban county, it is also a participant in
the HOME program if the urban county receives HOME funding and may
only receive a formula allocation under the HOME Program as a part of the
urban county, although this does not preclude the urban county or a unit of
government within the urban county from applying to the State for HOME
funds, if the State allows; and
That if it chooses to remain with the urban county, it is also a participant in
the ESG program if the urban county receives ESG funding and may only
receive a formula allocation under the ESG Program as a part of the urban
county, although this does not preclude the urban county or a unit of
government within the urban county from applying to the State for ESG
funds, if the State allows; and
4. That if it chooses to be excluded from the urban county, it must notify both
the county and the HUD Field Office of its election to be excluded by the date
specified in Section II, Qualification Schedule, paragraph E.
Such election to be excluded will be effective for the entire three -year period
for which the urban county qualifies, unless the excluded unit specifically
elects to be included in a subsequent year for the remainder of the urban
county's three -year qualification period.
Where urban counties do not have the authority to carry out essential
community development and housing activities without the consent of the
unit(s) of general local government located therein, urban counties are
required to have executed cooperation agreements with these units of
government.
C. Notification of Opportunity to be Included
If a currently qualified urban county has one or more nonparticipating units of
general local government (see Attachment E), the county may notify, in writing,
any such unit of local government during the second or third year of the
qualification period that the local government has the opportunity to be included
for the remaining period of urban county qualification. This written notification
must include the deadline for such election, and must state that the unit of general
local government must notify the county and the HUD Field Office, in writing, of
its official decision to be included. If cooperation agreements are necessary, the
unit electing to be included in the county for the remainder of the qualification
period must also execute, with the county, a cooperation agreement meeting the
standards in Section V, Cooperation Agreements. The agreement must be
received by the HUD Field Office by the date specified in Section II,
Qualification Schedule, paragraph J.
D. Notification of Split Places
Counties seeking qualification as urban counties and having units of general local
government with any population located only partly within the county must notify
these units of their rights by the date provided in Section II, Qualification
Schedule, paragraph B. Specifically, the county must provide the following
notifications:
1. Where a split place is partly located within only one urban county, one of the
following rules applies:
a. If it is a split place in which the county has essential powers, the entire
area of the split place will be included in the urban county for the urban
county qualification period unless the split place has opted out; or
b. If the split place can only be included in the county upon the execution of
a cooperation agreement, the entire area of the split place will be
included in the urban county for the urban county qualification period
upon execution of such an agreement.
2. Where the split place is partially located within two or more urban counties,
the split place may elect one of the following:
a. to be excluded from all urban counties;
b. to be entirely included in one urban county and excluded from all other
such counties; or
c. to participate as a part of more than one of the urban counties in which it
is partially located provided that a single portion of the split place cannot
be included in more than one entitled urban county at a time, and all parts
of the split place are included in one of the urban counties.
E. Notification of Opportunity to Terminate Agreement
Urban counties that have agreements that will be automatically renewed at the
end of the current qualification period unless action is taken by the unit of
government to terminate the agreement must, by the date provided in Section 11,
Qualification Schedule, paragraph D, notify such units that they can terminate the
agreement and not participate during the 2012 -2014 qualification period.
IV. DOCUMENTS TO BE SUBMITTED TO HUD
Any county seeking to qualify as an urban county for FY 2012 -2014 or that wishes to
exercise its option to include units of government that are not currently in the urban
county's CDBG program must submit the following to the responsible HUD Field
Office:
A. A copy of the letter. that notified applicable units of general local government (and
a list of applicable units of government) of their right to decide to be excluded
from the urban county along with a copy of letters submitted to the county from
any such units of general local government requesting exclusion (see Section III,
Qualification Actions to Be Taken by County, paragraph B). This does not apply
to an already qualified urban county adding communities.
B. A copy of the letter from any unit of general local government joining an already
qualified county that officially notifies the county of its election to be included
(see Section III, paragraph C).
C. Where applicable, a copy of the letter from:
1. Any city that may newly qualify as a metropolitan city but that seeks to defer
that status, or
2. Any city currently deferring metropolitan city status that seeks to continue to
defer such status.
(See Section II, Qualification Schedule, paragraph G.)
D. For a county that has cooperation agreements in effect that provide for automatic
renewal, a copy of the letter sent by the county that notified affected units of
government that the agreement will be renewed unless the county is notified by
the unit of government to terminate the agreement, and a copy of any such letter
from any unit(s) of govermnent requesting termination (see Section III, paragraph
E).
E. Where applicable, copies of fully executed cooperation agreements or amended
agreements between the county and its included units of general local
government, including any cooperation agreements from applicable units of
general local government covered under Section 111, Qualification Actions to be
Taken by County, paragraph C, and the opinions of county counsel and governing
body authorizations required in Section V, Cooperation Agreements, paragraphs
B and C.
For a county that has cooperation agreements in effect that provide for automatic
renewal of the urban county qualification period as provided under Section V,
Cooperation Agreements, paragraph E, at the time of such automatic renewal, the
documents to be submitted are: (1) a legal opinion from the county's counsel that
the terms and provisions continue to be authorized under state and local law and
that the agreement continues to provide full legal authority for the county; (2)
copies of any executed amendments to automatically renewed cooperation
agreements (if any); and, (3) if locally required, governing body authorizations.
F. Any joint request(s) for inclusion of a metropolitan city as a part of the urban
county as permitted by Section VIII, paragraph A, Metropolitan City/Urban
County Joint Recipients, along with a copy of the required cooperation
agreement(s). If either the urban county or the metropolitan city fall under the
"exception criteria" at 24 CFR 570.208(a)(1)(ii) for activities that benefit low -
and moderate - income residents of an area, the urban county must notify, in
writing, the metropolitan city of the potential effects of such joint agreements on
such activities. See Section VIII, paragraph A, for further clarification.
All jurisdictions seeking to qualify as an urban county for the first time must ensure
that all documents outlined in this Section that are submitted to the HUD Field Office are
also submitted to the Entitlement Communities Division in HUD Headquarters for review.
The original documents should be submitted to the HUD Field Office and the copies to
HUD Headquarters.
V. COOPERATION AGREEMENTS
All cooperation agreements must meet the following standards in order to be found
acceptable:
A. The governing body of the county and the governing body of the cooperating unit
of general local government shall authorize the agreement and the chief executive
officer of each unit of general local government shall execute the agreement.
B. The agreement must contain, or be accompanied by, a legal opinion from the
county's counsel 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 the county. Where the county does not have such authority, the legal
opinion must state that the participating jurisdiction has the authority to
undertake, or assist in undertaking, essential community renewal and lower
income housing assistance activities. A mere certification by the county's counsel
that the agreement is approved as to form is insufficient and unacceptable.
C. The agreement must state that the agreement covers the CDBG Entitlement
program and, where applicable, the HOME Investment Partnership (HOME) and
Emergency Shelter Grants (ESG) Programs (i.e., where the urban county receives
funding under the ESG program, or receives funding under the HOME program
as an urban county or as a member of a HOME consortium).
D. The agreement must state that, by executing the CDBG cooperation agreement,
the included unit of general local government understands that it:
1. May not apply for grants from appropriations under the State CDBG Program
for fiscal years during the period in which it participates in the urban county's
CDBG program; and
2. May receive a formula allocation under the HOME Program only through the
urban county. Thus, even if the urban county does not receive a HOME
formula allocation, the participating unit of local government cannot form a
HOME consortium with other local governments. (Note: This does not
preclude the urban county or a unit of government participating with the urban
county from applying to the State for HOME funds, if the state allows. An
existing renewable agreement need not be amended to add this Note. It is
included here only for purposes of clarification.); and
May receive a formula allocation under the ESG Program only through the
urban county. (Note: This does not preclude the urban county or a unit of
government participating with the urban county from applying to the State for
ESG finds, if the state allows. An existing renewable agreement need not be
amended to add this Note. It is included here only for purposes of
clarification.)
E. The agreement must specify the three years covered by the urban county
qualification period (e.g., Federal FYs 2012 - 2014), for which the urban county is
to qualify to receive CDBG entitlement funding or, where applicable, specify the
remaining one or two years of an existing urban county's qualification period. At
the option of the county, the agreement may provide that it will automatically be
renewed for participation in successive three -year qualification periods, unless the
country or the participating unit of general local government provides written
notice it elects not to participate in a new qualification period. A copy of that
notice must be sent to the HUD Field Office.
Where such agreements are used, the agreement must state that, by the date
specified in HUD's urban county qualification notice for the next qualification
period, the urban county will notify the participating unit of general local
government in writing of its right not to participate. A copy of the comity's
notification to the jurisdiction must be sent to the HUD Field Office by the date
specified in the urban county qualification schedule in Section 11.
Cooperation agreements with automatic renewal provisions must include a
stipulation that requires each party to adopt any amendment to the agreement
incorporating changes necessary to meet the requirements for cooperation,
agreements set forth in an Urban County Qualification Notice applicable for a
subsequent three -year urban county qualification period, and to submit such
amendment to HUD as provided in the urban county qualification notice (see
Section IV, Documents to be Submitted to HUD, paragraph E), and that such
failure to comply will void the automatic renewal for such qualification period.
F. The agreement must provide that it remains in effect until the CDBG (and, where
applicable, HOME and ESG) funds and program income received (with respect to
activities carried out during the three -year qualification period, and any successive
qualification periods under agreements that provide for automatic renewals) are
expended and the funded activities completed, and that the county and
participating unit of general local government cannot terminate or withdraw from
the cooperation agreement while it remains in effect.
G. The agreement must expressly state that the county and the cooperating unit of
general local government agree to "cooperate to undertake, or assist in
undertaking, community renewal and lower - income housing assistance activities."
If the county does not have such powers, the agreement must expressly state that
the cooperating unit of general local government agrees to "undertake, or assist in
undertaking, community renewal and lower - income housing assistance activities."
As an alternative to this wording, the cooperation agreement may reference State
legislation authorizing such activities, but only with the approval of the specific
alternative wording by HUD Field Counsel.
H. The agreement must contain a provision obligating the county and the
cooperating unit of general local government to take all actions necessary to
assure compliance with the urban county's certification required by section 104(b)
of 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, and
other applicable laws. The agreements shall also contain a provision prohibiting
urban county funding for activities in, or in support of, any cooperating unit of
general local government that does not affirmatively further fair housing within
its own jurisdiction or that impedes the county's actions to comply with the
county's fair housing certification. This provision is required because
noncompliance by a unit of general local government included in an urban county
may constitute noncompliance by the grantee (i.e., the county) that can, in turn,
provide cause for funding sanctions or other remedial actions by the Department.
I. The agreement must expressly state "that the cooperating unit of general local
government 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 non - violent 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 non - violent civil rights demonstrations within jurisdictions."
J. The agreement may not contain a provision for veto or other restriction that would
allow any party to the agreement to obstruct the implementation of the approved
Consolidated Plan during the period covered by the agreement. The county has
final responsibility for selecting CDBG (and, where applicable, HOME and ESG)
activities and submitting the Consolidated Plan to HUD, although if the county is
a member of a HOME consortium, the consortium submits the Plan developed by
the county (see Section I, General Requirements, paragraph Q.
K. The agreement must contain language specifying that, pursuant to 24 CFR
570.501(b), the unit of local government is subject to the same requirements
applicable to subrecipients, including the requirement of a written agreement as
described in 24 CFR 570.503 (see Section VIII, Special Considerations, paragraph
B).
L. A county may also include in the cooperation agreement any provisions authorized
by State and local laws that legally obligate the cooperating units to undertake the
necessary actions, as determined by the county, to carry out a community
development program and the approved Consolidated flan and/or meet other
requirements of the CDBG (and, where applicable, HOME and ESG) program and
other applicable laws.
VI. PERIOD OF QUALIFICATION
A. General
Any county that qualifies as an urban county will be entitled to receive funds as
an urban county for three consecutive fiscal years regardless of changes in its
population or boundary or population changes in any communities contained
within the urban county during that period, provided funds are appropriated by
Congress. However, during the period of qualification, no included unit of
general local government may withdraw from the urban county unless the urban
county does not receive a grant for any year during such period.
The urban county's grant amount is calculated annually and will reflect the
addition of any new units of general local government during the second and third
years of the period of qualification.
Any unincorporated portion of the county that incorporates during the urban
county qualification period will remain part of the urban county through the end
of the three -year period.
Any unit of general local government that is part of an urban county will continue
to be included in the urban county for that county's qualification period, even if it
meets the criteria to be considered a "metropolitan city" during that period. Such
an included unit of general local government cannot become eligible for a
separate entitlement grant as a metropolitan city while participating as a part of an
urban county (see Section VIII, paragraph E).
B. Retaining Urban County Classification
Any county classified as an urban county in FY 1999 may, at the option of the
county, remain classified as an urban county.
Any county that has been classified as an urban county after FY 1999 and is so
classified for at least two years will retain its classification as an urban county,
unless the urban county qualified under section 102(a)(6)(A) of Title I of the
Housing and Community Development Act of 1974, as amended, and fails to
requalify under that section due to the election of a currently participating non -
entitlement community to opt out or not to renew a cooperation agreement (for
reasons other than becoming an eligible metropolitan city).
VII. URBAN COUNTY PROGRAM RESPONSIBILITIES
The county, as the CDBG grant recipient, either for the urban county or a joint
recipient (see Section VIII, paragraph A, Metropolitan City/Urban County Joint
Recipients) has full responsibility for the execution of the community development
program., for following its Consolidated Plan, and for meeting the requirements of
other applicable laws (e.g., National Environmental Policy Act, Uniform Relocation
Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec. 504 of the
Rehabilitation Act of 1973, Sec. 109 of Title I of the Housing and Community
Development Act of 1974, the Americans with Disabilities Act of 1990, and for
affirmatively furthering fair housing). The county's responsibility must include these
functions even where, as a matter of administrative convenience or State law, the
county permits the participating units of general local government to carry out
essential community development and housing assistance activities. The county will
be held accountable for the accomplishment of the community development program,
for following its Consolidated Plan, and for ensuring that actions necessary for such
accomplishment are taken by cooperating units of general local government.
VIII. SPECIAL CONSIDERATIONS
A. Metropolitan CiVILJrban County Joint Recipients
Any urban county and any metropolitan city located in whole or in part within that
county can ask HUD to approve the inclusion of the metropolitan city as a part of
the urban county for purposes of planning and implementing a joint community
development and housing assistance program. HUD will consider approving a
joint request only if it is signed by the chief executive officers of both entities and
is submitted at the time the county is seeking its qualification as an urban county.
A joint request will be deemed approved unless HUD notifies the city and the
county otherwise within 30 days following submission of the joint request and an
executed cooperation agreement meeting the requirements specified under
Section V, Cooperation Agreements. An urban county may be joined by more
than one metropolitan city, but a metropolitan city located in more than one urban
county may be a joint recipient with only one urban county at a time.
Upon urban county qualification and HUD approval of the joint request and
cooperation agreement, the metropolitan city becomes a part of the urban county
for purposes of program planning and implementation for the entire period of the
urban county qualification, and for the CDBG program, will be treated by HUD as
any other unit of general local government that is a part of the urban county.
When a metropolitan city joins an urban county in this manner, the grant amount
is the sum of the amounts authorized for the individual metropolitan city and
urban county. The urban county becomes the grant recipient.
A metropolitan city in a joint agreement with the urban county is treated the same as any
other unit of general local government that is part of the urban county for purposes of
the CDBG program, but not for the HOME or ESG programs. If the metropolitan city
does not qualify to receive a separate allocation of HOME funds, to be considered for
HOME funding as part of the urban county, it must form a HOME consortium with the
urban county. If the metropolitan city qualifies to receive a separate allocation of
HOME funds, it has three options: (1) it may form a HOME consortium with the
county, in which case it will be included as part of the county when the HOME funds
for the county are calculated; (2) it may elect to continue to receive its separate HOME
allocation but subgrant it to the county to administer; or (3) the metropolitan city may
administer its HOME program on its own. NOTE: The execution of a joint agreement
between an urban county and metropolitan city does not in itself satisfy HOME
requirements for a written consortia agreement. For additional information on the
requirements for consortia agreements, see 24 CFR 92.101 and the Notice of Procedures
for Designation of Consortia as a Participating Jurisdiction for the HOME Program
(CPD- 08 -01). The ESG program does not provide for either joint agreements or
consortium agreements among grantees. (No CDBG joint agreement cities currently
qualify for a formula ESG allocation.)
Counties and metropolitan cities considering a joint request should be aware that
significant effects could occur where either the urban county or the metropolitan
city would otherwise fall under the "exception rule" criteria for activities that
benefit low -and moderate - income residents on an area basis (see 24 CFR
570.208(a)(1)(ii)). Joint agreements result in a modification to an urban county's
configuration, and a change in the mix of census block groups in an urban county
is likely to change the relative ranking of specific block groups by quartile, thus
affecting the minimum concentration of low- and moderate - income persons under
the "exception rule." HUD will make a rank - ordering computer run available to
counties and metropolitan cities considering joint participation to assist them in
determining the possible effects of inclusion and how such an agreement may
impact their respective programs.
B. Subrecipient Agreements
The execution of cooperation agreements meeting the requirements of Section V,
Cooperation Agreements, between an urban county and its participating units of
local government does not in itself satisfy the requirement for a written
subrecipient agreement required by the regulations at 24 CFR 570.503. Where a
participating unit of general local government carries out an eligible activity
funded by the urban county, the urban county is responsible, prior to disbursing
any CDBG funds for any such activity or project, for executing a written
subrecipient agreement with the unit of government containing the minimum
requirements found at 24 CFR 570.503. The subrecipient agreement must remain
in effect during any period that the unit of local government has control over
CDBG funds, including program income.
C. Ineligibility for State CDBG Program
An urban county's included units of general local government are ineligible to
apply for grants from appropriations under the State CDBG Program for fiscal
years during the period in which they are participating in the Entitlement CDBG
program with the urban county.
D. Eligibilfty for a HOME Consortium
When included units of local government become part of an urban county for the
CDBG Program, they are part of the urban county for the HOME Program and
may receive a formula allocation under the HOME Program only as part of the
urban county. Thus, even if the urban county does not receive a HOME formula
allocation, the participating unit of local government cannot form a HOME
consortium with other local governments. However, this does not preclude the
urban county or a unit of government within an urban county from applying to the
State for HOME funds, if the State allows.
E. Counties with Potential Metropolitan Cities
If a county includes one or more communities that believe their population meets
the statutory threshold to enable them to receive CDBG entitlement funds as a
metropolitan city directly, but the city and county have not yet received
notification from HUD regarding metropolitan city eligibility, HUD has identified
two options a county may use to address such situations:
1. The county and community can negotiate a schedule that will provide the community
additional time to receive notification from HUD of its eligibility as a potential new
metropolitan city and, if the community does not reach metropolitan city status (or
becomes eligible and elects to defer its status), execute a cooperation agreement and still
meet the deadlines identified in this Notice; or
2. If a county believes delaying the execution of a cooperation agreement until HUD
provides such notification will prohibit it from meeting the submission deadlines in this
Notice, the county may want to include a clause in the agreement that provides that the
agreement will be voided if the community is advised by HUD, prior to the completion
of the requalification process for FY 2011 -2013, that it is eligible to become a
metropolitan city and the community elects to take its entitlement status. If such a
clause is used, it must state that if the agreement is not voided on the basis of the
community's eligibility as a metropolitan city prior to July 8, 2011 (or a later date if
approved in writing by HUD), the community must remain a part of the county for the
entire three -year period of the county's qualification.
Option 1 is preferred. Option 2 is available if a county wishes to use it, although there
is concern that a community may believe that the use of a clause that may void the
agreement will enable it to "opt out" later in the - three -year period of qualification if it
reaches the population during that time to be a metropolitan city. Therefore, any such
clause must be clear that it applies only for a limited period of time.
There are jurisdictions that may potentially qualify as urban counties for the first time
because they contain one or more metropolitan cities that may consider relinquishing their
status as entitlement grantees. If a county has a metropolitan city or cities that are willing
to relinquish its /their status as entitlement grantee(s) and the county wants to begin the
process of qualifying as an urban county, the Entitlement Communities Division in HUD
Headquarters should be notified as soon as possible, but no later than two weeks after the
county notifies the Field Office of its intent to qualify as an urban county. A list of these
counties is provided as Attachment F.
IX. DETERMINATIONS OF ESSENTIAL POWERS
A. For new urban counties, HUD Field Office Counsel must initially determine
whether each county within its jurisdiction that is eligible to qualify as an urban
county has powers to carry out essential community renewal and lower - income
housing assistance activities. For requalifying urban counties, the Field Office
Counsel may rely on its previous determination(s) unless there is evidence to the
contrary. In assessing such evidence, Field Office counsel may consider
information provided by the county and its included units of general local
government as well as other relevant information obtained from independent
sources.
In making the required determinations, Field Office Counsel must consider both the
county's authority and, where applicable, the authority of its designated agency or
agencies. Field Office Counsel shall make such determinations as identified below
and concur in notifications to the county(ies) about these issues.
B. For new and requalifying counties, the notification by the Field Office required
under Section 11, paragraph A, must include the following determinations:
Whether the county is authorized to undertake essential community development and
housing assistance activities in its unincorporated areas, if any, which are not units of
general local government. For these purposes, the term "essential community
development and housing assistance activities" means community renewal and lower -
income housing assistance activities. Activities that may be accepted as essential
community development and housing assistance activities might include, but are not
limited to: (1) acquisition of property for disposition for private reuse, especially for low -
and moderate - income housing; (2) direct rehabilitation of or financial assistance to
housing; (3) low rent housing activities; (4) disposition of land to private developers for
appropriate redevelopment; and (5) condemnation of property for low- income housing.
[Note: The phrase "specifically urban renewal and publicly assisted housing ", although
in 24 CFR 570.307(c), is not included in this Notice because it does not appear in the text
of the Housing and Community Development Act of 1974, as amended (the Act).
Although not in the Act, the House Committee Report accompanying the CDBG
legislation made specific reference to the term "renewal" and indicates that Congress
intended eligible urban counties to be able to carry out all aspects of the urban renewal
program (which was subsequently consolidated by the CDBG program)];
2. In which of the county's units of general local government the county is authorized to
undertake essential community development and housing assistance activities
without the consent of the governing body of the locality. The population of these
units of local government will be counted towards qualification of the urban county
unless they specifically elect to be excluded from the county for purposes of the CDBG
program and so notify both the county and HUD in writing by May 31, 2011 (see Section
II, paragraph E); and,
3. In which of the county's units of general local government the county is either (a)
not authorized to undertake essential community development and housing
assistance activities or (b) may do so only with the consent of the governing body of
the locality. The population of these units of local government will only be counted
if they have signed cooperation agreements with the county that meet the standards
set forth in Section V of this Notice.
THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT A
ALL CURRENTLY QUALIFIED URBAN COUNTIES
NEW ENGLAND FIELD OFFICES
MAINE
CUMBERLAND COUNTY
NEW YORKINEW JERSEY FIELD OFFICES
NEW JERSEY
ATLANTIC COUNTY
NEW JERSEY
BERGEN COUNTY
NEW JERSEY
BURLINGTON COUNTY
NEW JERSEY
CAMDEN COUNTY
NEW JERSEY
ESSEX COUNTY
NEW JERSEY
GLOUCESTER COUNTY
NEW JERSEY
HUDSON COUNTY
NEW JERSEY
MIDDLESEX COUNTY
NEW JERSEY
MONMOUTH COUNTY
NEW JERSEY
MORRIS COUNTY
NEW JERSEY
OCEAN COUNTY
NEW JERSEY
PASSAIC COUNTY
NEW JERSEY
SOMERSET COUNTY
NEW JERSEY
UNION COUNTY
NEW YORK
DUTCHESS COUNTY
NEW YORK
ERIE COUNTY
NEW YORK
MONROE COUNTY
NEW YORK
NASSAU COUNTY
NEW YORK
ONONDAGA COUNTY
NEW YORK
ORANGE COUNTY
NEW YORK
ROCKLAND COUNTY
NEW YORK
SUFFOLK COUNTY
NEW YORK
WESTCHESTER COUNTY
MID- ATLANTIC FIELD OFFICES
DELAWARE NEW CASTLE COUNTY
MARYLAND
ANNE ARUNDEL COUNTY
MARYLAND
BALTIMORE COUNTY
MARYLAND
HARFORD COUNTY
MARYLAND
HOWARD COUNTY
MARYLAND MONTGOMERY COUNTY
MARYLAND PRINCE GEORGES COUNTY
PENNSYLVANIA
ALLEGHENY COUNTY
PENNSYLVANIA
BEAVER COUNTY
PENNSYLVANIA
BERKS COUNTY
PENNSYLVANIA
BUCKS COUNTY
PENNSYLVANIA
CHESTER COUNTY
PENNSYLVANIA
CUMBERLAND COUNTY
PENNSYLVANIA
DAUPHIN COUNTY
PENNSYLVANIA
DELAWARE COUNTY
PENNSYLVANIA
LANCASTER COUNTY
PENNSYLVANIA
LEHIGH COUNTY
PENNSYLVANIA
LUZERNE COUNTY
PENNSYLVANIA
MONTGOMERY COUNTY
PENNSYLVANIA
NORTHAMPTON COUNTY
PENNSYLVANIA
WASHINGTON COUNTY
PENNSYLVANIA
WESTMORELAND COUNTY
PENNSYLVANIA
YORK COUNTY
VIRGINIA
ARLINGTON COUNTY
VIRGINIA
CHESTERFIELD COUNTY
VIRGINIA
FAIR-FAX COUNTY
VIRGINIA
HENRICO COUNTY
VIRGINIA
LOUDOUN COUNTY
VIRGINIA
PRINCE WILLIAM COUNTY
SOUTHEAST /CARIBBEAN FIELD OFFICES
ALABAMA JEFFERSON COUNTY
ALABAMA MOBILE COUNTY
FLORIDA
BREVARD COUNTY
FLORIDA
BROWARD COUNTY
FLORIDA
COLLIER COUNTY
FLORIDA
ESCAMBIA COUNTY
FLORIDA
HILLSBOROUGH COUNTY
FLORIDA
JACKSONVILLE -DUVAL COUNTY
FLORIDA
LAKE COUNTY
FLORIDA
LEE COUNTY
FLORIDA
MANATEE COUNTY
FLORIDA
MARION COUNTY
FLORIDA
MIAMI -DADE COUNTY
FLORIDA
ORANGE COUNTY
FLORIDA
OSCEOLA COUNTY
FLORIDA
PALM BEACH COUNTY
FLORIDA
PASCO COUNTY
FLORIDA
PINELLAS COUNTY
FLORIDA
POLK COUNTY
FLORIDA
SARASOTA COUNTY
FLORIDA
SEMINOLE COUNTY
FLORIDA
VOLUSIA COUNTY
GEORGIA
CHEROKEE COUNTY
GEORGIA
CLAYTON COUNTY
GEORGIA
COBB COUNTY
GEORGIA
DE KALB COUNTY
GEORGIA
FULTON COUNTY
GEORGIA
GWINNETT COUNTY
NORTH CAROLINA
NORTH CAROLINA
NORTH CAROLINA
SOUTH CAROLINA
SOUTH CAROLINA
SOUTH CAROLINA
SOUTH CAROLINA
SOUTH CAROLINA
SOUTH CAROLINA
TENNESSEE
TENNESSEE
MIDWEST FIELD OFFICES
CUMBERLAND COUNTY
MECKLENBURG COUNTY
WAKE COUNTY
CHARLESTON COUNTY
GREENVILLE COUNTY
HORRY COUNTY
LEXINGTON COUNTY
RICHLAND COUNTY
SPARTANBURG COUNTY
KNOX COUNTY
SHELBY COUNTY
ILLINOIS
COOK COUNTY
ILLINOIS
DU PAGE COUNTY
ILLINOIS
KANE COUNTY
ILLINOIS
LAKE COUNTY
ILLINOIS
MADISON COUNTY
ILLINOIS
MCHENRY COUNTY
ILLINOIS
ST CLAIR COUNTY
ILLINOIS
WILL COUNTY
INDIANA
HAMILTON COUNTY
INDIANA
LAKE COUNTY
MICHIGAN
GENESEE COUNTY
MICHIGAN
KENT COUNTY
MICHIGAN
MACOMB COUNTY
MICHIGAN
OAKLAND COUNTY
MICHIGAN
WASHTENAW COUNTY
MICHIGAN
WAYNE COUNTY
MINNESOTA
ANOKA COUNTY
MINNESOTA
DAKOTA COUNTY
MINNESOTA
HENNEPIN COUNTY
MINNESOTA
RAMSEY COUNTY
MINNESOTA
ST LOUIS COUNTY
MINNESOTA
WASHINGTON COUNTY
OHIO
BUTLER COUNTY
OHIO
CUYAHOGA COUNTY
OHIO
FRANKLIN COUNTY
OHIO
HAMILTON COUNTY
OHIO
LAKE COUNTY
OHIO
MONTGOMERY COUNTY
OHIO
STARK COUNTY
OHIO
SUMMIT COUNTY
OHIO
WARREN COUNTY
WISCONSIN
DANE COUNTY
WISCONSIN
MILWAUKEE COUNTY
WISCONSIN
WAUKESHA COUNTY
SOUTHWEST FIELD OFFICES
LOUISIANA JEFFERSON PARISH
LOUISIANA ST. TAMMANY PARISH
OKLAHOMA TULSA COUNTY
TEXAS
BEXAR COUNTY
TEXAS
BRAZORIA COUNTY
TEXAS
DALLAS COUNTY
TEXAS
FORT BEND COUNTY
TEXAS
HARRIS COUNTY
TEXAS
HIDALGO COUNTY
TEXAS
MONTGOMERY COUNTY
TEXAS
TA.RRANT COUNTY
TEXAS
TRAVIS COUNTY
TEXAS
WILLIAMSON COUNTY
GREAT PLAINS FIELD OFFICES
KANSAS JOHNSON COUNTY
MISSOURI
MISSOURI
MISSOURI
JEFFERSON COUNTY
ST LOUIS COUNTY
ST. CHARLES COUNTY
ROCKY MOUNTAIN FIELD OFFICES
COLORADO
ADAMS COUNTY
COLORADO
ARAPAHOE COUNTY
COLORADO
DOUGLAS COUNTY
COLORADO
EL PASO COUNTY
COLORADO
JEFFERSON COUNTY
UTAH DAVIS COUNTY
UTAH SALT LAKE COUNTY
UTAH UTAH COUNTY
PACIFIC/HAWAII FIELD OFFICES
ARIZONA MARICOPA COUNTY
ARIZONA PIMA COUNTY
CALIFORNIA
ALAMEDA COUNTY
CALIFORNIA
CONTRA COSTA COUNTY
CALIFORNIA
FRESNO COUNTY
CALIFORNIA
KERN COUNTY
CALIFORNIA
LOS ANGELES COUNTY
CALIFORNIA
MARIN COUNTY
CALIFORNIA
ORANGE COUNTY
CALIFORNIA
RIVERSIDE COUNTY
CALIFORNIA
SACRAMENTO COUNTY
CALIFORNIA
SAN BERNARDINO COUNTY
CALIFORNIA
SAN DIEGO COUNTY
CALIFORNIA
SAN JOAQUIN COUNTY
CALIFORNIA
SAN LUIS OBISPO COUNTY
CALIFORNIA
SAN MATEO COUNTY
CALIFORNIA
SANTA BARBARA COUNTY
CALIFORNIA
SANTA CLARA COUNTY
CALIFORNIA
SONOMA COUNTY
CALIFORNIA
STANISLAUS COUNTY
CALIFORNIA
VENTURA COUNTY
NEVADA CLARK COUNTY
NORTHWEST /ALASKA FIELD OFFICES
OREGON
CLACKAMAS COUNTY
OREGON
MULTNOMAH COUNTY
OREGON
WASHINGTON COUNTY
WASHINGTON
CLARK COUNTY
WASHINGTON
KING COUNTY
WASHINGTON
KITSAP COUNTY
WASHINGTON
PIERCE COUNTY
WASHINGTON
SNOHOMISH COUNTY
WASHINGTON
SPOKANE COUNTY
ATTACHMENT B
COUNTIES SCHEDULED TO REQUALIFY IN 2011 FOR FYS
2012 -2014
NEW YORK/NEW JERSEY FIELD OFFICES
NEW JERSEY
BERGEN COUNTY
NEW JERSEY
BURLINGTON COUNTY
NEW JERSEY
CAMDEN COUNTY
NEW JERSEY
ESSEX COUNTY
NEW JERSEY
HUDSON COUNTY
NEW JERSEY
MIDDLESEX COUNTY
NEW JERSEY
MONMOUTH COUNTY
NEW JERSEY
MORRIS COUNTY
NEW JERSEY
UNION COUNTY
NEW YORK
ERIE COUNTY
NEW YORK
MONROE COUNTY
NEW YORK
NASSAU COUNTY
NEW YORK
ONONDAGA COUNTY
NEW YORK
ORANGE COUNTY
NEW YORK
ROCKLAND COUNTY
NEW YORK
SUFFOLK COUNTY
NEW YORK
WESTCHESTER COUNTY
MID - ATLANTIC FIELD OFFICES
DELAWARE
NEW CASTLE COUNTY
MARYLAND
ANNE ARUNDEL COUNTY
MARYLAND
BALTIMORE COUNTY
MARYLAND
HARFORD COUNTY
MARYLAND
MONTGOMERY COUNTY
MARYLAND
PRINCE GEORGES COUNTY
PENNSYLVANIA
ALLEGHENY COUNTY
PENNSYLVANIA
BEAVER COUNTY
PENNSYLVANIA
BERKS COUNTY
PENNSYLVANIA
BUCKS COUNTY
PENNSYLVANIA
CHESTER COUNTY
PENNSYLVANIA
DELAWARE COUNTY
PENNSYLVANIA
LANCASTER COUNTY
PENNSYLVANIA
PENNSYLVANIA
PENNSYLVANIA
PENNSYLVANIA
PENNSYLVANIA
VIRGINIA
VIRGINIA
LUZERNE COUNTY
MONTGOMERY COUNTY
WASHINGTON COUNTY
WESTMORELAND COUNTY
YORK COUNTY
ARLINGTON COUNTY
FAIRFAX COUNTY
SOUTHEAST /CARIBBEAN FIELD OFFICES
ALABAMA
FLORIDA
FLORIDA
FLORIDA
FLORIDA
FLORIDA
FLORIDA
FLORIDA
FLORIDA
FLORIDA
FLORIDA
GEORGIA
GEORGIA
GEORGIA
GEORGIA
SOUTH CAROLINA
SOUTH CAROLINA
SOUTH CAROLINA
TENNESSEE
MIDWEST FIELD OFFICES
ILLINOIS
ILLINOIS
ILLINOIS
ILLINOIS
ILLINOIS
ILLINOIS
JEFFERSON COUNTY
BROWARD COUNTY
ESCAMBIA COUNTY
HILLSBOROUGH COUNTY
LAKE COUNTY
MIAMI -DADE COUNTY
ORANGE COUNTY
PALM BEACH COUNTY
PINELLAS COUNTY
POLK COUNTY
VOLUSIA COUNTY
CHEROKEE COUNTY
COBB COUNTY
DE KALB COUNTY
FULTON COUNTY
CHARLESTON COUNTY
GREENVILLE COUNTY
LEXINGTON COUNTY
KNOX COUNTY
COOK COUNTY
DU PAGE COUNTY
LAKE COUNTY
MADISON COUNTY
ST CLAIR COUNTY
WILL COUNTY
MICHIGAN
GENESEE COUNTY
MICHIGAN
KENT COUNTY
MICHIGAN
MACOMB COUNTY
MICHIGAN
OAKLAND COUNTY
MICHIGAN
WASHTENAW COUNTY
MICHIGAN
WAYNE COUNTY
MINNESOTA HENNEPIN COUNTY
OHIO
CUYAHOGA COUNTY
OHIO
FRANKLIN COUNTY
OHIO
HAMILTON COUNTY
OHIO
LAKE COUNTY
OHIO
MONTGOMERY COUNTY
OHIO
STARK COUNTY
OHIO
SUMMIT COUNTY
OHIO
WARREN COUNTY
WISCONSIN MILWAUKEE COUNTY
SOUTHWEST FIELD OFFICES
LOUISIANA JEFFERSON PARISH
TEXAS
DALLAS COUNTY
TEXAS
HARRIS COUNTY
TEXAS
HIDALGO COUNTY
TEXAS
TARRANT COUNTY
TEXAS
TRAVIS COUNTY
GREAT PLAINS FIELD OFFICES
MISSOURI
ST LOUIS COUNTY
ROCKY MOUNTAIN FIELD OFFICES
COLORADO EL PASO COUNTY
COLORADO JEFFERSON COUNTY
UTAH SALT LAKE COUNTY
PACIFIC/HAWAII FIELD OFFICES
ARIZONA MARICOPA COUNTY
CALIFORNIA
ALAMEDA COUNTY
CALIFORNIA
CONTRA COSTA COUNTY
CALIFORNIA
FRESNO COUNTY
CALIFORNIA
KERN COUNTY
CALIFORNIA
LOS ANGELES COUNTY
CALIFORNIA
MARIN COUNTY
CALIFORNIA
ORANGE COUNTY
CALIFORNIA
RIVERSIDE COUNTY
CALIFORNIA
SACRAMENTO COUNTY
CALIFORNIA
SAN BERNARDINO COUNTY
CALIFORNIA
SAN DIEGO COUNTY
CALIFORNIA
SAN JOAQUIN COUNTY
CALIFORNIA
SAN LUIS OBISPO COUNTY
CALIFORNIA
SAN MATEO COUNTY
CALIFORNIA
SANTA CLARA COUNTY
CALIFORNIA
SONOMA COUNTY
NEVADA CLARK COUNTY
NORTHWEST /ALASKA FIELD OFFICES
OREGON CLACKAMAS COUNTY
OREGON WASHINGTON COUNTY
WASHINGTON
CLARK COUNTY
WASHINGTON
KING COUNTY
WASHINGTON
PIERCE COUNTY
WASHINGTON
SNOHOMISH COUNTY
WASHINGTON
SPOKANE COUNTY
ATTACHMENT C
COUNTIES SCHEDULED TO REQUALIFY IN 2012 FOR FYS 2013 -2015
NEW ENGLAND FIELD OFFICES
MAINE
CUMBERLAND COUNTY
NEW YORK/NEW JERSEY FIELD OFFICES
NEW JERSEY ATLANTIC COUNTY
NEW YORK DUTCHESS COUNTY
MID - ATLANTIC FIELD OFFICES
PENNSYLVANIA LEHIGH COUNTY
PENNSYLVANIA NORTHAMPTON COUNTY
VIRGINIA CHESTERFIELD COUNTY
VIRGINIA LOUDOUN COUNTY
VIRGINIA PRINCE WILLIAM COUNTY
SOUTHEAST /CARIBBEAN FIELD OFFICES
FLORIDA
BREVARD COUNTY
FLORIDA
COLLIER COUNTY
FLORIDA
JACKSONVILLE -DUVAL COUNTY
FLORIDA
OSCEOLA COUNTY
FLORIDA
PASCO COUNTY
FLORIDA
SEMINOLE COUNTY
GEORGIA
CLAYTON COUNTY
GEORGIA
GWiNNETT COUNTY
NORTH CAROLINA
NORTH CAROLINA
NORTH CAROLINA
SOUTH CAROLINA
TENNESSEE
MIDWEST FIELD OFFICES
CUMBERLAND COUNTY
MECKLENBURG COUNTY
WAKE COUNTY
SPARTANBURG COUNTY
SHELBY COUNTY
ILLINOIS
KANE COUNTY
ILLINOIS
MCHENRY COUNTY
INDIANA
HAMILTON COUNTY
INDIANA
LAKE COUNTY
MINNESOTA
RAMSEY COUNTY
MINNESOTA
WASHINGTON COUNTY
SOUTHWEST FIELD OFFICES
TEXAS
BEXAR COUNTY
TEXAS
BRAZORIA COUNTY
TEXAS
FORT BEND COUNTY
TEXAS
MONTGOMERY COUNTY
TEXAS
WILLIAMSON COUNTY
GREAT PLAINS FIELD OFFICES
KANSAS JOHNSON COUNTY
MISSOURI
JEFFERSON COUNTY
ROCKY MOUNTAIN FIELD OFFICES
COLORADO
COLORADO
COLORADO
ADAMS COUNTY
ARAPAHOE COUNTY
DOUGLASCOUNTY
PACIFIC/HAWAII FIELD OFFICES
CALIFORNIA
CALIFORNIA
SANTA BARBARA COUNTY
VENTURA COUNTY
NORTHWEST /ALASKA FIELD OFFICES
OREGON MULTNOMAH COUNTY
ATTACHMENT D
COUNTIES SCHEDULED TO REQUALIFY IN 2013 FOR FYS
2414 -2016
NEW YORK/NEW JERSEY FIELD OFFICES
NEW JERSEY
GLOUCESTER COUNTY
NEW JERSEY
OCEAN COUNTY
NEW JERSEY
PASSAIC COUNTY
NEW JERSEY
SOMERSET COUNTY
MID - ATLANTIC FIELD OFFICES
MARYLAND
PENNSYLVANIA
PENNSYLVANIA
VIRGINIA
HOWARD COUNTY
CUMBERLAND COUNTY
DAUPHIN COUNTY
HENRICO COUNTY
SOUTHEAST /CARIBBEAN FIELD OFFICES
ALABAMA
MOBILE COUNTY
FLORIDA
LEE COUNTY
FLORIDA
MANATEE COUNTY
FLORIDA
MARION COUNTY
FLORIDA
SARASOTA COUNTY
SOUTH CAROLINA
HORRY COUNTY
SOUTH CAROLINA
RICHLAND COUNTY
MIDWEST FIELD OFFICES
MINNESOTA
ANOKA COUNTY
MINNESOTA
DAKOTA COUNTY
MINNESOTA
ST LOUIS COUNTY
OHIO BUTLER COUNTY
WISCONSIN DANE COUNTY
WISCONSIN WAUKESHA COUNTY
SOUTHWEST FIELD OFFICES
LOUISIANA ST. TAMMANY PARISH
OKLAHOMA TULSA COUNTY
GREAT PLAINS FIELD OFFICES
MISSOURI
ST. CHARLES COUNTY
ROCKY FOUNTAIN FIELD OFFICES
UTAH
UTAH
DAVIS COUNTY
UTAH COUNTY
PACIFIC/HAWAII FIELD OFFICES
ARIZONA
CALIFORNIA
PIMA COUNTY
STANISLAUS COUNTY
NORTHWEST /ALASKA FIELD OFFICES
WASHINGTON KITSAP COUNTY
ATTACHMENT E
COUNTIES QUALIFIED THROUGH 2012 OR 2013 THAT CONTAIN
NON - PARTICIPATING COMMUNITIES
NEW ENGLAND FIELD OFFICES
CUMBERLAND COUNTY MAINE
NEW YORK/NEW JERSEY FIELD OFFICES
ATLANTIC COUNTY
NEW JERSEY
BURLINGTON COUNTY
NEW JERSEY
CAMDEN COUNTY
NEW JERSEY
MONMOUTH COUNTY
NEW JERSEY
MORRIS COUNTY
NEW JERSEY
SOMERSET COUNTY
NEW JERSEY
DUTCHESS COUNTY
NEW YORK
NASSAU COUNTY
NEW YORK
ORANGE COUNTY
NEW YORK
ROCKLAND COUNTY
NEW YORK
SUFFOLK COUNTY
NEW YORK
WESTCHESTER COUNTY
NEW YORK
MID - ATLANTIC FIELD OFFICES
NEW CASTLE COUNTY DELAWARE
ANNE AWtJNDEL COUNTY
MARYLAND
MONTGOMERY COUNTY
MARYLAND
PRINCE GEORGES COUNTY
MARYLAND
ALLEGHENY COUNTY
PENNSYLVANIA
BEAVER COUNTY
PENNSYLVANIA
DAUPHIN COUNTY
PENNSYLVANIA
LUZERNE COUNTY
PENNSYLVANIA
MONTGOMERY COUNTY
PENNSYLVANIA
WESTMORELAND COUNTY
PENNSYLVANIA
SOUTHEAST /CARIBBEAN FIELD OFFICES
JEFFERSON COUNTY ALABAMA
MOBILE COUNTY ALABAMA
BREVARD COUNTY
FLORIDA
COLLIER COUNTY
FLORIDA
ESCAMBIA COUNTY
FLORIDA
JACKSONVILLE -DUVAL COUNTY
FLORIDA
LAKE COUNTY
FLORIDA
MANATEE COUNTY
FLORIDA
MARION COUNTY
FLORIDA
MIAMI -DADE COUNTY
FLORIDA
ORANGE COUNTY .
FLORIDA
PALM BEACH COUNTY
FLORIDA
PASCO COUNTY
FLORIDA
PINELLAS COUNTY
FLORIDA
POLK COUNTY
FLORIDA
VOLUSIA COUNTY
FLORIDA
CHEROKEE COUNTY
GEORGIA
DE KALB COUNTY
GEORGIA
GWINNETT COUNTY
GEORGIA
MECKLENBURG COUNTY NORTH CAROLINA
WAKE COUNTY NORTH CAROLINA
CHARLESTON COUNTY SOUTH CAROLINA
HORRY COUNTY SOUTH CAROLINA
RICHLAND COUNTY SOUTH CAROLINA
SPARTANBURG COUNTY SOUTH CAROLINA
KNOX COUNTY TENNESSEE
MIDWEST FIELD OFFICES
COOK COUNTY
ILLINOIS
KANE COUNTY
ILLINOIS
LAKE COUNTY
ILLINOIS
WILL COUNTY
ILLINOIS
HAMILTON COUNTY INDIANA
GENESEE COUNTY MICHIGAN
OAKLAND COUNTY MICHIGAN
WASHTENAW COUNTY MICHIGAN
HENNEPIN COUNTY MINNESOTA
WASHINGTON COUNTY MINNESOTA
CUYAHOGA COUNTY
OHIO
FRANKLIN COUNTY
OHIO
HAMILTON COUNTY
OHIO
LAKE COUNTY
OHIO
STARK COUNTY
OHIO
WARREN COUNTY
OHIO
DANE COUNTY WISCONSIN
WAUKESHA COUNTY WISCONSIN
SOUTHWEST FIELD OFFICES
ST. TAMMANY PARISH LOUISIANA
TULSA COUNTY OKLAHOMA
BEXAR COUNTY
TEXAS
BRAZORIA COUNTY
TEXAS
DALLAS COUNTY
TEXAS
FORT BEND COUNTY
TEXAS
HARRIS COUNTY
TEXAS
MONTGOMERY COUNTY
TEXAS
TARRANT COUNTY
TEXAS
TRAVIS COUNTY
TEXAS
WILLIAMSON COUNTY
TEXAS
GREAT PLAINS FIELD OFFICES
JOHNSON COUNTY KANSAS
JEFFERSON COUNTY
MISSOURI
ST LOUIS COUNTY
MISSOURI
ST. CHARLES COUNTY
MISSOURI
ROCKY MOUNTAIN FIELD OFFICES
ADAMSCOUNTY COLORADO
ARAPAHOE COUNTY
COLORADO
EL PASO COUNTY
COLORADO
JEFFERSON COUNTY
COLORADO
DAVIS COUNTY UTAH
UTAH COUNTY UTAH
PACIFIC/IHAWAH FIELD OFFICES
MARICOPA COUNTY ARIZONA
FRESNO COUNTY
CALIFORNIA
KERN COUNTY
CALIFORNIA
LOS ANGELES COUNTY
CALIFORNIA
ORANGE COUNTY
CALIFORNIA
RIVERSIDE COUNTY
CALIFORNIA
SAN LUIS OBISPO COUNTY
CALIFORNIA
SANTA BARBARA COUNTY
CALIFORNIA
STANISLAUS COUNTY
CALIFORNIA
NORTHWEST /ALASKA FIELD OFFICES
KING COUNTY WASHINGTON
ATTACHMENT F
LIST OF COUNTIES THAT MAY QUALIFY AS URBAN COUNTIES IF
METROPOLITAN CITIES RELINQUISH THEIR STATUS
STATE
COUNTY
ENTITLEMENT
POP 2009
AL
Madison County
327,744
AL
Huntsville city (pt.)
178,193
AL
Montgomery County
224,119
AL
Montgomery city
202,124
AZ
Yavapai County
215,686
AZ
Peoria city (pt.)
419
AZ
Prescott city
42,749
AR
Benton County
225,504
AR
Bentonville city
36,857
AR
Rogers city
59,017
AR
Springdale city (pt.)
5,877
AR
Pulaski County
381,904
AR
Jacksonville city
31,651
AR
Little Rock city
191,933
AR
North Little Rock city
60,140
AR
Washington County
200,181
AR
Fayetteville city
77,143
AR
Springdale city (pt.)
62,613
CA
Butte County
220,577
CA
Chico city
84,880
CA
Paradise town
26,448
CA
Merced County
245,321
CA
Merced city
76,273
CA
Placer County
348,552
CA
Rocklin city
53,568
CA
Roseville city
115,677
CA
Santa Cruz County
256,218
CA
Santa Cruz city
56,810
CA
Watsonville city
51,053
CA
Solano County
407,234
CA
Fairfield city
103,586
CA
Vacaville city
91,991
CA
Vallejo city
114,622
CA
Tulare County
429,668
CA
Porterville city
52,153
CA
Tulare city
57,521
CA
Visalia city
122,111
CO
Boulder County
303,482
CO
Boulder city
100,160
CO
Longmont city (pt.)
88,373
CO
Larimer County
298,382
CO
Fort Collins city
138,733
CO
Loveland city
66,214
CO
Weld County
254,759
CO
Greeley city
92,625
CO
Longmont city (pt.)
52
CO
Thornton city (pt.)
5
FL
Alachua County
243,574
FL
Gainesville city
116,616
FL
Leon County
265,714
FL
Tallahassee city
172,574
FL
St. Lucie County
266,502
FL
Fort Pierce city
42,596
FL
Port St. Lucie city
154,410
GA
Chatham County
256,992
GA
Savannah city
134,699
ID
Ada County
384,656
ID
Boise City city
205,707
ID
Meridian city
68,516
IL
Winnebago County
299,702
IL
Rockford city
157,280
IN
Allen County
353,888
TN
Fort Wayne city
255,890
IN
Elkhart County
200,502
IN
Elkhart city
53,060
IN
Goshen city
32,425
IN
St. Joseph County
267,613
IN
Mishawaka city
50,126
IN
South Bend city
104,215
IA
Linn County
209,226
IA
Cedar Rapids city
127,764
IA
Polk County
429,439
IA
Des Moines city (pt.)
200,379
IA
West Des Moines city (pt.)
49,812
KS
Sedgwick County
490,864
KS
Wichita city
372,186
LA
Caddo Parish
253,623
LA
Shreveport city (pt.)
198,399
ME
York County
201,876
ME
Biddeford city
21,383
MD
Frederick County
227,980
MD
Frederick city
59,644
M1
Ingham County
277,633
MI
East Lansing city (pt.)
44,851
MI
Lansing city (pt.)
109,097
MI
Kalamazoo County
248,407
Ml
Kalamazoo city
72,825
MI
Portage city
46,453
MI
Saginaw County
200,050
MI
Saginaw city
55,238
MS
Hinds County
247,631
MS
Jackson city (pt.)
174,283
MO
Clay County
228,358
MO
Independence city (pt.)
7
MO
Kansas City city (pt.)
105,185
MO
Greene County
269,630
MO
Springfield city (pt.)
157,622
MO
Jackson County
705,708
MO
Blue Springs city
55,817
MO
Independence city (pt.)
121,173
MO
Kansas City city (pt.)
334,121
MO
Lee's Summit city (pt.)
85,035
NE
Douglas County
510,199
NE
Omaha city
454,731
NE
Lancaster County
281,531
NE
Lincoln city
254,001
NV
Washoe County
414,820
NV
Reno city
219,636
NV
Sparks city
89,346
NJ
Mercer County
366,222
NJ
Trenton city
83,242
Ewing township
36,324
Hamilton township
90,605
NM
Bernalillo County
642,527
Albuquerque city
529,219
Rio Rancho city (pt.)
71
NM
Dona Ana County
206,419
NM
Las Cruces city
93,452
NY
Albany County
298,284
NY
Albany city
93,836
Colonie town
81,518
NY
Niagara County
214,557
NY
Niagara Falls city
51,295
NY
Oneida County
231,044
NY
Rome city
33,443
NY
Utica city (pt.)
57,967
NY
Saratoga County
220,069
NY
Saratoga Springs city
29,126
NC
Buncombe County
231,452
NC
Asheville city
76,636
NC
Durham County
269,706
NC
Chapel Hill town (pt.)
2,299
NC
Durham city (pt.)
229,133
NC
Raleigh city (pt.)
1,076
NC
]Forsyth County
359,638
NC
High Point city (pt.)
32
NC
Winston -Salem city
229,828
NC
Gaston County
208,958
NC
Gastonia city
72,934
NC
Guilford County
480,362
NC
Burlington city (pt.)
131
NC
Greensboro city
255,124
NC
High Point city (pt.)
101,590
OH
Lorain County
305,707
OH
Elyria city
54,947
OH
Lorain city
70,260
OH
Lucas County
463,493
OH
Toledo city
316,179
OH
Mahoning County
236,735
OH
Alliance city (pt.)
77
OH
Youngstown city (pt.)
72,424
OH
Trumbull County
210,157
OH
Warren city
43,402
OH
Youngstown city (pt.)
1
OK
Cleveland County
244,589
OK
Moore city
53,763
OK
Norman city
109,062
OK
Oklahoma City city (pt.)
56,902
OK
Oklahoma County
716,704
OK
Edmond city
81,093
OK
Midwest City city
57,193
OK
Oklahoma City city (pt.)
466,124
OR
Jackson County
201,286
OR
Ashland city
20,996
OR
Medford city
73,485
OR
Lane County
351,109
OR
Eugene city
153,272
OR
Springfield city
57,254
OR
Marion County
317,981
OR
Salem city (pt.)
133,520
PA
Erie County
280,291
PA
Erie city
103,571
MiIlcreek township
52,269
PA.
Lackawanna County
208,801
PA
Scranton city
71,944
SC
York County
227,003
SC
Rock Hill city
69,210
TN
Hamilton County
337,175
TN
Chattanooga city
171,350
TN
Rutherford County
257,048
TN
Murfreesboro city
105,209
TX
Bell County
285,787
TX
Killeen city
119,512
TX
Temple city
60,120
TX
Cameron County
396,371
TX
Brownsville city
176,859
TX
Harlingen city
65,289
TX
San Benito city
25,365
TX
Collin County
791,631
TX
Allen city
84,253
TX
Carrollton city (pt.)
25
TX
Dallas city (pt.)
51,391
TX
Frisco city (pt.)
83,837
TX
Garland city (pt.)
6
TX
McKinney city
127,672
TX
Plano city (pt.)
270,437
TX
Richardson city (pt.)
25,074
TX
El Paso County
751,296
TX
El Paso city
620,456
TX
Galveston County
286,814
TX
Galveston city
56,148
TX
League City city (pt.)
70,944
TX
Texas City city (pt.)
43,962
TX
Jefferson County
243,237
TX
Beaumont city
110,110
TX
Port Arthur city (pt.)
56,579
TX
Lubbock County
270,550
TX
Lubbock city
225,859
TX
McLennan County
233,378
TX
Waco city
126,222
TX
Nueces County
323,046
TX
Corpus Christi city (pt.)
287,213
TX
Smith County
204,665
TX
Tyler city
98,872
TX
Webb County
241,438
TX
Laredo city
226,124
UT
Weber County
231,834
UT
Ogden city
83,292
WA
Whatcom County
200,434
WA
Bellingham city
80,055
WA
Yakima County
239,054
WA
Yakima city
85,832
W1
Brown County
247,319
WI
Green Bay city
101,412
W1
Racine County
200,601
WI
Racine city
82,009