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:
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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.
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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
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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
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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-
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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.
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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.
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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
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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.
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ATTEST:
rse, Clerk 0 the
rd of County Commissioners
in and for the County of Seminole,
Sate of Florida
/0-),(,-9/
Date
(COOP. RES)