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HomeMy WebLinkAboutSeminole County Community Development Block Grant 1994 COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT CITY OF WINTER SPRINGS, FLORIDA THIS AGREEMENT is entered into on the ____ day of 19___, by and between CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East S.R. 434, Winter springs, Florida 32708, (hereinafter referred to as "CITY"), and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771 (hereinafter referred to as "COUNTY"). WIT N E SSE T H: WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provisions whereby urban counties may enter into cooperation agreements with certain units of general local government (such as cities) to undertake or assist in undertaking essential community development and housing assistance activities pursuant to the community Development Block Grants and HOME Programs; and WHEREAS, it is the desire of the parties to this Agreement that the COUNTY undertake acti vi ties to plan and carry out the Community Development Block Grant and HOME Programs for the benefit of residents of Seminole County; and WHEREAS, the entering of interlocal agreements of this type is specifically authorized by Part 1, Chapter 163, Florida Statutes, as well as other applicable law. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1 " '--'l': -. section 1. Recitals. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. section 2. CITY's Authorization. (a) The CITY hereby authorizes the COUNTY to make application for and receive Community Development Block and HOME Grants from the united states Department of Housing and Urban Development, hereinafter "HUD", on its behalf and, further, authorizes the COUNTY to include the CITY's population for the purposes of calculating and making Community Development Block and HOME Grants. (b) The CITY agrees to provide the COUNTY with written evidence of such authorization in addition to this Agreement in the form of an adopted Resolution acceptable to the COUNTY. (c) The CITY understands that it: (I) may not apply for grants under the Small cities or state CDBG Programs from appropriations for fiscal years during the period in which it participates in the COUNTY I sCDBG program conducted by the COUNTY in its capacity as an "urban county"; and (2) may not participate in a HOME consortium expect through the COUNTY in i ts capacity as an "urban county", regardless of whether the COUNTY receives a HOME formula allocation or not. section 3. COUNTY Administration. The COUNTY agrees to provide, at no cost to the CITY, the staff, resources, and other services necessary to plan and administer Community Development Block Grant and HOME Programs. 2 section 4. Mutual cooperation. The COUNTY and the CITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities; specifical- ly urban renewal and pUblicly-assisted housing. section 5. projects Funded. (a) The COUNTY agrees to facilitate, encourage and allow CITY officials and the citizens of the CITY to have the full and open opportunity to submit projects for funding consideration. (b) The CITY understands and agrees that the COUNTY will have final and ultimate responsibility for selecting activities to be funded and annually filing Final statements with HUD. Section 6. City obligations. The CITY and the COUNTY agree that pursuant to the provisions of Title 24, Code of Federal Regulations, including, but not limited to, section 570.501(b), the CITY is subject to the same requirements applicable to subre- cipients, including, but not limited to, the requirement for a written agreement set forth in Title 24, Code of Federal Regula- tions, section 570.503. section 7. Grant of Authority/Term. By virtue of this Agreement: (a) The city has given to the COUNTY, and the COUNTY shall have, full authority to carry out activities which will be funded from annual Community Development Block and HOME Grants from Fiscal Year 1995, 1996 and 1997 appropriations. Neither the COUNTY nor the CITY may terminate or withdraw from the Agreement during this three-year qualification period covered by this agreement or during 3 / any subsequent three-year qualification period arising through the automatic renewal of this Agreement. (b) This Agreement shall remain in force until any and all CDBG or HOME funds and income received during the three-year qualification period covered by this Agreement are expended and the activities which such funds and income finance are completed. The provisions of this subsection shall apply to the funds, income and activities arising during any subsequent three-year qualification periods authorized through the automatic renewal of this Agreement. (c) This Agreement will automatically be renewed for participation in successive three-year qualification periods, unless the COUNTY or the CITY provides written notice it elects not to participate in a new qualification period. The COUNTY will notify the CITY in writing of its right to make such election by the date specified in the next Urban County Qualification Notice. (d) Failure by either party to adopt an amendment to the Agreement incorporating all changes necessary to meet the require- ments for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification Notice, will void the automatic renewal of such qualification period. section 8. Performance of services/contracts. (a) As to the use of the Community Development Block Grant or HOME Funds received by the COUNTY, the COUNTY may either carry out the Community Development Block Grant and HOME Programs for the CITY or, in the event that the parties jointly determine that it is feasible for the CITY to perform any services in connection with 4 the Community Development Block Grant and HOME Programs, the COUNTY may contract with the CITY for the performance of such services. (b) Any contracts entered pursuant to Section 8 (a) shall contain provisions which obligate the CITY to undertake all necessary actions to carry out the Community Development Block Grant Program and Comprehensive Housing Affordability Strategy, where applicable, within a specified time frame and in accordance with the requirements of Title I of the Housing and Community Development Act of 1974, as amended, and any and all other applicable laws and implementing regulations. (c) The CITY agrees to undertake and accomplish all necessary actions, as determined by the COUNTY, in order to carry out the Community Development Block Grant Program, the Housing Assistance Plan and the Comprehensive Housing Affordability Strategy. section 9. Applicable Laws/compliance. (a) The CITY and the COUNTY agree to take all required actions to comply with the COUNTY's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including, but not limited to, 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 all other applicable laws, rules and regulations. The CITY agrees to comply with all auditing requirements imposed by law, rule, regulation or the COUNTY. The COUNTY certifies, with the CITY's understanding and support, that the COUNTY is following a Compre- 5 '. hensive Housing Affordability strategy, as promulgated in 24 CFR Parts 91 and 570.306. (b) The CITY acknowledges and understands that noncompliance with the provisions of laws, rules or regulations by the CITY may constitute noncompliance by the entire urban county program and the COUNTY as the grantee and the CITY assumes responsibility there- fore. Section 10. Fair Housing. The CITY acknowledges that the COUNTY will prohibit Community Development Block Grant funding for acti vi ties in or in support of the CITY if the CITY does not affirmatively further fair housing within the CITY's jurisdiction and/or if the CITY impedes the COUNTY's actions to comply with its fair housing certification. section 11. Law Enforcement. The CITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individu- als engaged in non-violent civil rights demonstrations. Further- more, the CITY has adopted and is enforcing 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 its jurisdiction. In furtherance of this provision, specifically, and all other provisions of this Agreement, generally, the CITY agrees to indemnify and hold the COUNTY harmless to the fullest extent provided by law. 6 / --------- section 12. Status of CITY. Pursuant to 24 CFR 570.501(b), as well as other applicable law, the CITY agrees that it is, at a minimum, subject to the same requirements applicable to grantee subrecipients, including the requirement of a written agreement, as set forth in 24 CFR Part 570.503. section 13. Effective Date. This Agreement shall take effect upon the full execution of the Agreement by the parties. section 14. Notices. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified united states mail, with return receipt requested, and sent to: CITY John Govoruhk, City Manager 1126 East S.R. 434 winter Springs, Florida 32708 COUNTY Ron Rabun, County Manager Seminole County Services Building 1101 East First Street Sanford, Florida 32771 Any of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. section 15. Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original. 7 ., , . . IN WITNESS WHEREOF, the CITY and the COUNTY do hereby authorize and have executed this Agreement as of the date first hereinbefore written. ATTEST: CITY OF WINTER SPRINGS By: JOHN F. BUSH, Mayor MARY NORTON, City Clerk (CORPORATE SEAL) Date: Counsel for the CITY does hereby state 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 to undertake or assist in undertaking essential community development and housing assistance activities; specifi- cally urban renewal and pUblicly-assisted housing. City Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. By: DICK VAN DER WEIDE, Chairman Date: As authorized for execution by the Board of County Commission ers at their 19____, regular meeting. Counsel for the COUNTY does hereby state 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 to undertake or assist in undertaking essential community development and housing assistance activities; specifi- cally urban renewal and pUblicly-assisted housing. County Attorney HW/gn 5/18/94 CDBGCOOP.WS 8 " . Semino{e County Government Comprehensive Planning Division Community Development Office 1101 E. Fir" St. Sanford FL 32771 Telephone (407) 321-1130 Ext. 7384 FAX 330-9546 May 19, 1994 The Honorable John Bush City of Winter Springs 1126 E. S.R. 434 Winter Springs, FL 32708 RE: Seminole County Community Development Block Grant (CDBG) Program; Urban County Qualifications; Cooperation Agreements Dear Mayor Bush: Please find enclosed a Community Development Block Grant Cooperation Agreement and a Sample Resolution. By executing these documents you confirm your municipalities participation as part of the CDBG Urban County Entitlement Grant. Please take the appropriate Board actions by way of resolution and signature and provide those documents to the County by Monday June 6, 1994 so action may be taken by the Board of County Commissioners at their Tuesday June 28, 1994 meeting. Thank you in advance for your cooperation, and I am looking forward to continued successful program implementation. If you have any questions regarding this correspondence or the enclosures, please call me at 321-1130 ext. 7384 Sincerely, ~y~:::: Seminole County Community Development cc: Ron H. Rabun, County Manager Tony VanDerworp, Planning and Development Manager Frances Chandler, Comprehensive Planning Manager John Govoruhk, City Manager Resolution No. 9l-R-29l RESOLUTION THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA, ON THE 22nd DAY OF OCTOBER, A.D., 1991. WHEREAS, the Board of County Commissioners of Seminole County, Florida, during its meeting of October 22, 1991, unanimously approved entering into an Interlocal Cooperation Agreement with the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter Springs, Florida, for the purpose of participating in the Community Development Block Grant Entitlement Program; and WHEREAS, participation in this Program is in the best interest of the residents of Seminole County. NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Seminole County, Florida, that it hereby authorized the execution of the Interlocal Cooperation Agreements by the Chairman. ADOPTED this 22nd day of October, A.D., 1991. * * * * * ATTEST: rse, Clerk 0 the rd of County Commissioners in and for the County of Seminole, Sate of Florida /0-),(,-9/ Date (COOP. RES)