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HomeMy WebLinkAboutSeminole County Interlocal CDBG Cooperation Agreement 1991 10 26 'r. -\,., t" [,' COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT CITY OF WINTER SPRINGS, FLORIDA THIS AGREEMENT is entered into on the 2 (, ~ day of O~ ,1991, by and between SEMINOLE COUNTY, a political subdivision of the $tate of Florida, whose address is Semino1e County Services Building, 1101 East First Street, Sanford, Florida 32771' (hereinafter referred to as "COUNTY"), and CITY OF 'WINTER SPRINGSj a Florida murii6ipal corporation, whose address .is 1126 E.S.R., 434, Winter Springs, FL 32708, (hereinafter referred to as "CITY") ~ ' 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 unitsqf general local government (such as cities) to undertake or assist in undertaking essential community development and housing assistance activities pursuant to ,Community Development Block Grants; and WHEREAS, it is the desire of the parties to this Agreement that the COU~TY undertake activities to plan and carry out the Community Development Block Grant Program 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: SECT;ION 1. RECITALS. The above recitals are true and correct and form a materia~partof this Agreement upon which the ,parties have relied. SECTION 2. CITY'S AUTHORIZATION. (a) The CIT~ hereby aUthori~es the COUNTY to make application for and receive Community Development Block Grants from the United states Department of Housing and Urban Development, her,einafter "HUD", on its behalf and, f.urther, authorizes the COUNTY to include the CITY's populati9n for the Purposes of calculating and making Community Development Block Grants directly to the COUNTY. (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. l, , .1... SECTION 3. COUNTY ADMINISTRATION. The COUNTY agrees to providej at no cost tri the CITY, the ~tatf, resources, and other services necessary to plan and administer Community Development Block Grant Programs. SECTION 4. MUTUAL COOPERATION. The COUNTY ,and the CITY agree to cooperate in undertaking community renewal and assistance activities; specifically publicly-ass~sted housing. to undertake or assist lower' income, housing urban renewal and SECTION 5. PROJECTS FUNDED. (a) The COUNTY agrees to facilitate, encourage and allow CITY offibials and the citizeris 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 ~OUNTY 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 ,subrecipients, including, but not limited to, the requirement for a written agreement set forth in Title 24, Code of Federal Regulations, Section 570.503. SECTION 7.GRANT OF AUTHORITY/TERM. By virtue of this Agreement, 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 Grants from Fiscal Years 1992,1993 and 1994 appropriations and this Agreement will remain in effect until all funds allocated to either the COUNTY or, the CITY in any. of those years and program income generated from such funds have been fully expended. SECTION 8. PERFORMANCE OF SERVICES/CONTRACTS. (a) As to the use of the Community Development Block Grant Funds r~Ceived by the COUNTY, 'the COUNTY may either carry out the Community Development Block Grant Program for the CITY or, in the event that the parties joiTltly determine that it is feasible for the CITY to perform any service~ in connection with the Community Development Block Grant Program, the COUNTY may contract with the CITY for the performance of such services. (b) contain Any contracts entered pursuant to Section 8(a) shall 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 CI'TY agrees to undertake and accompl ish 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 Dev~lopment Act of 1974, as amended, including, but not limited 'to, Title VI of'the civil Rights Acts of 19~4, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974,' and all other applicable laws, ~ules and regulations. The CITY agrees to comply with all auditing requirements imposed by law, rule, regulation or the COUNTY., . (b) The CITY acknowledges and understands that noncompliance with the provisions of laws, rules or regulations by the CITY may constitute n~ncompliance by the entire urban county program and the COUNTY as the grantee and. the CITY assumes responsibility therefore. SECTION 10. FAIR HOUSING. The CITY acknowledges that the COUNTY will prohibit Community Development Block Grant funding for activities 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 ENFORCMENT. The CITY has adopted and is enforcing a policy prohibiting the use of excessive force by law ent6rcement agencies within its jurisdiction against any' individuals involved in non-violent civil rights demonstrations. Furthermore, the CITY has adopted and is enforcing a policy of enforcing ~pplicable state andlotal 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. SECTION 12. STATUS OF CITY,. , ., '.....'... ATTEST: ~T~. Mary orton, City Clerk NGS ~ Mayor Counsel. for the CITY does hereby state that the terms and provisions of this Agreement are in accordance with state and local law and that the Agreement. provides f.ull legal authority for the COUNTY to undertake or assist in,undertaking essential community development and housing assistance activities; specifically urban :.e~",,_~. i ~UbliCIy-aSsisted housing. ci ty ,_Attor,ne (coopagr.ws) 09/19/91 .. 'I ,I 1/ ~ ",. Purstiant to 24 CFR 570.soi (b), as well as, all other applicable law, the CITY agrees that it is, at a minimum, subject to the same requirements applicable to grantee subrecipients. SECTION 13. EFFECTIVE DATE. This Agreement shall take ~ffect tipon the full execution of the Agreement by the parties. SECTION 14. NOTICES. Whenever either pa~ty ~esires 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: FOR THE CITY: Jacqueline Koch~ Dir of Admin.JCity Planner 1126 E. S.R. 434 Winter Springs. FL 32709 FOR THE 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 abov,e, 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. . IN WITNESS WHEREOF, ,the CITY and the. COUNTY do hereby authorize and have executed thi~ Agreement as of the date first hereinbefore written. .~ ' , . , . .. . , , . .~.- . V'l. .' ,., : MORSE, . --- C er to the Board of. ... County Commissioners ' BOARD OF COUNTY COMMISSIONERS :.:..:~IN~~~ .~:OJ3ER+_ ' .. STtJ.'RMp , ' .. .v ice C h air roa n f Counsel for the COUNTY ,does hereby state that the terms and provisions of this Agreement are'in accordance with stat~ and local law and that the Agieement provides full legal authority for the COUNTY to undertake or assist in undertaking essential community development' and housing assistance activities; specifically urban renewal and pUblicly-assisted housing.