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HomeMy WebLinkAbout2006 06 26 Consent 400 Resolution 2006-24 Coop Agreement Seminole County CDBG COMMISSION AGENDA ITEM 400 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR June 26, 2006 Meeting MGR. / L /DEPT Authorization REQUEST: The Community Development Department is advising the City Commission of the automatic renewal of the existing cooperation agreement with Seminole County for Community Development Block Grant (CDBG) funding. PURPOSE: This agenda item is to advise the Commission of the automatic renewal of the existing Urban County Cooperation Agreement that the City previously signed with the County. This agreement will be automatically renewed for Fiscal Years 2007, 2008, and 2009, unless the City or County terminates the agreement. CONSIDERATION: Community Development Block Grant (CDBG) funding has been and continues to be very beneficial to the City and has helped in such areas as Community Development and the City's parks system. CDBG funds have been used for the splash playground, the football/soccer field, and the paved parking improvements at Torcaso Park, for the proposed enclosure of the Senior Center pool, and for bathroom/storage facilities at Sunshine Park. The City Commission approved Resolution 2006-24 on April 24, 2006 supporting the $4.3 billion in FY 2007 funding for the CDBG program. FUNDING: None required June 26, 2006 Consent Item 400 Page 2 RECOMMENDATION: Staff recommends that the City Commission support the renewal ofthe Urban County Cooperation Agreement with Seminole County for FY 2007, 2008, and 2009, in order to facilitate future CDBG funding. ATTACHMENTS: A Resolution Number 2006-24 B Seminole County - letter of CDBG renewal notification C CDBG Cooperation Agreement (1991) COMMISSION ACTION: ATTACHMENT "A" RESOLUTION NUMBER 2006-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, SUPPORTING $4.3 BILLION IN FY 2007 FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, The Community Development Block Grant (CDBG) program was enacted, and signed into law by President Gerald Ford, as the centerpiece of the Housing and Community Development Act of 1974; and WHEREAS, The CDBG program has as its primary objective "the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income;" and WHEREAS, The CDBG program has considerable flexibility to allow communities to carry out activities that are tailored to their unique affordable housing and neighborhood revitalization needs; and WHEREAS, Throughout its 32-year history, the CDBG program has been a highly successful partnership between the federal, state and local governments, business, and the nonprofit sectors carrying out activities that improve the lives and neighborhoods of low and moderate income families; and WHEREAS, The City of Winter Springs with CDBG funds in the amount of ($606,000) since 2001 has provided badly needed recreational facilities for the youth of low and moderate income families and ADA compliance in existing facilities serving low and moderate income residents; and. WHEREAS, The City of Winter Springs will receive ($855,000) in Fiscal Year 2006 for. expansion of the City's Senior Citizen Center, including a new Therapy Pool, extending recreational services to low and moderate income seniors in our community; and WHEREAS, The President's FY07 budget proposes to reduce CDBG formula grants by $1 billion or 25 percent; and WHEREAS, The President's proposed reduction in funding will seriously curtail the City's efforts to provide services and facilities to Seniors and other low and moderate income groups in our City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS That it hereby calls on the Congress to provide a FY07 funding level of no less than $4.35 billion in formula funding. BE IT FURTHER RESOLVED, That the City Commission designates the Week of April 17 through April 22 as "Community Development Block Grant Week" in the City of Winter Springs in support of this valued program that has made a tremendous contribution to the viability of the housing stock, neighborhoods and infrastructure in the City of Winter Springs. BE IT FURTHER RESOLVED, That the City Commission encourage all citizens to join together in expressing support for the Community Development Block Grant Program. PASSED AND ADOPTED THIS 24th DAY OF APRIL, 2006. ,Y:; {/IiI/mid {(fltereo/ f Italf('! Iteretullo det TIff hand and Natdrd tltitJ deal to. 6e q/lred. ATTEST: " DATE: April 24, 2006 City of Winter Springs, Florida Resolution Number 2006-24 Page 2 of2 ATTACHMENT "B " COMMUNITY SERVICES DEPARTMENT COMMUNITY ASS/STANCE OMS/ON COMMUNITY DEVELOPMENT OFFICE flORIDA'S NAruM!. CHOICE RECEIVED APR 1 0 2005 April 7, 2006 CITY Of WIN rER Sr'H.lNGS City Manager Mr. Ronald W. McLemore, City Manager Winter Springs City Hall 1126 East State Road 434 Winter Springs, Florida 32708 Re: Community Development Block Grant Urban County Qualification Qualification Period: Fiscal Year 2007, 2008, and 2009 Dear Mr. McLemore: Seminole County has participated with the US Dept. of Housing and Urban Development (HUD) as an Urban County in HUD's Community Development Block Grant (CDBG) Entitlement Program for the three year qualification period covered by fiscal years 2004, 2005, and 2006 for community development activities. The participation was based on HUD's determination of essential powers", which enabled the County to implement CDBG activities under specific circumstances. At this time, the County is required to notify the City of Winter Springs that the "determination of essential powers" has been made for Fiscal Years 2007, 2008, and 2009. This period represents the next three-year Urban County period for which the County must now re-qualify. Seminole County may not undertake essential Community Development and housing assistance activities in the City of Winter Springs without the consent of City's governing body. The consent required is the renewal of an Urban County Cooperation Agreement that the County previOUSly signed with the City. This agreement will be automatically renewed for Fiscal Years 2007,2008, and 2009, unless the City or County terminates the agreement. By participating in the Urban County Program, the City will not be able to apply for funding under the State of Florida Small Cities CDBG program. The City will also be participating in the County's HOME Program; however, this will not preclude the City or County from applying for funding under the State of Florida HOME Program. By acceptance of this letter, the City agrees to the automatic renewal clause of the existing cooperation agreement with the County. If the City desires to terminate the agreement, the City must notify the County and HUD in writing (addresses provided below) regarding their termination no later than June 30, 2006. 1101 EAST FIRST STREET SANFORD FL 32n1-1468 TELEPHONE (407) 665-7384 FAX (407) 665-7366 Mr. Ronald W. McLemore, City Manager Page 2 April 6, 2006 U.S. Department of Housing & Urban Development Charles Bennett Federal Building Gary Caussey, CPD Director 400 West Bay Street, Suite 1015 Jacksonville, FL 32202-5121 Seminole County Community Development David Medley, Ph.D., Manager, Comm. Assistance Division Seminole County Services Building 1101 East 1st Street, Room 3301 Sanford, Florida 32771-1468 If you need assistance, please call me at (407) 665-7380. SinijlY, t~ J-.~~ Robert F. Heenan Principal Coordinator/HUD Grants c: Gary Causey, CPO Director, HUD Jacksonville Field Office David Medley, PhD., Manager, Community Assistance Division Dan Shargas, CPDR, HUD Jacksonville Field Office File: Urban Re-qualification 2007-2009 1101 EAST FIRST STREET SANFORD FL 32n1-1468 TELEPHONE (407) 665-7384 FAX (407) 665.7366 ATTACHMENT "C" L' COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT CITY OF WINTER SPRINGS, FLORIDA THIS AGREEMENT is entered into on the 2 (. ~ day of D~ ,1991, by and between SEMINOLE CpUNTY, 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 "COqNTY"), and CITY OF . WINTER SPRINGS; a Florida municipal corporation, whose address ,is 1126 ~. 'S.R., 434, Winter Springs, FL 32708, (hereinafter r~ferred to ~s "CITY")~ . WIT N E SSE T H ~S, the Housing and Community Development Act of 1974, as amended, makes provisions' whereby urban counties may enter into cooperatio~ agreements with certain unitsQf general local government (such as cities) to undertake or assist in undertaking essential community development and housing assistance activities 'pursuan,t to .Community Development Block Grants; and , WHEREAS, it is the desire of the parties to this Agreement that the COUNTY 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 interlo.cal 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 material.' part of t,his Agreement upon which the .parties have relied. SECTION 2. CITY'S AUTHORIZATION. (a) Th~ CITY hereby aUthorizes the COUNTY to make application for and receive Community Development Block Crants from the United States Department of Housing and Urban Development, he~einafter "HUD", on its behalf and, further, authorizes the COUNTY to include the CITY's populatipn 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 authoriz.ation in addition to this Agreement in the form of an adopted Resolution acceptable to the County. ,. , .1... 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 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. incom~ . housing urban r~newal and SECTION 5. PROJECTS FUNDED. . (a) Th~ COUNTY agrees to facilitate, encourage and allow CITY offibials 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 prov~s~o~s 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. SE~ION 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 received 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 joi~tly determine that it is feasible for the CITY to perform any services' in connection with the Community Development Block Grant Program, 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 S1::rategy,.. 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 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) Th~ CITY an(i 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 riot limited .to,' Title VI of'the civil Rights Acts .of 1964, the Fair Housing Act, Section 109 of Tit~e' 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. . (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 wi thin the CITY's jurisdiction and/or if the CITY impedes the COUNTY's actions to comply with it$ fair housing certification. SECTION 11. LAW ENFORCMENT. The CITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agenc~es within i.ts jurisdiction against .any' individuals involved in non-violent civil rights demonstrations. Furthermore, the CITY has adopt~d and is enforcing a policy of enforcing ~pplicable state and 'lobal laws against physically barring entrance to or exit from a facility or location which is the su~ject of such non-violent civil rights demonstrations within its jurisdiction. In furtherance of this provision, specifically, and all other prqvisions of this Agreement, . generally, the CITY agrees to indemnify and hold the COUNTY harmless to the fu~lest extent provided by law. SECTION 12. STATUS OF CITY..' . -:,. ;. Pursuant to 24 CFR570"SOl (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 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: FOR THE CITY: . Jacqueline Koch. Dir of Admin./City Planner 1126 E. S.R. 434 Winter: Springs. FL 32708 FOR THE COUNTY: Ron Rabun, County Manager SeminoTe Coun.ty'Services Building 1101' East First Street Sanford, Flor~da 32771 . Any of the parties may. change, by written notice as provided abov.e, the addresseS or per~ons for ~eceipt ~f notices. SECTION 15. COUNTERPARTS. .This Agreement may be executed in' counterparts each of which shall .be deemed an origina1. . . IN WITNESS WHEREOF, .the CITY and the. COUNTY do hereby authorize and have executed thi~ Agreement as of the date first hereinbefore written. BOARD OF COUNTY COMMISSIONERS .::IN1:4?P~ ~~~;RJh.ir;~~RY . Counsel for the COUNTY -does hereby state that the terms and provisions of this Agreement a~e 'in accordance wi th ~tate and local law and that the Agreement provides full legal authority for the COUNTY to ~ndertake or assist in undertaking essential community development and housing assistance activities; specifically urban renewal and pUblicly-assisted .housing. . ~ ...- - ATTEST: CITY 0 .~r~' Mary orton, City Clerk By: Philip NZ2 NGS Kulbes, 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":",, ~rd {ubliCly-aSsisted housing. . City._A. tOJ:;'-ne (coopagr.ws) 09/19/91