HomeMy WebLinkAboutSeminole County Community Development Block Grant Cooperation Agreement -2012 (2) COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT
CITY OF WINTER SPRINGS,FLORIDA
THIS AGREEMENT is entered into on the /6—day of 2012, by and
between CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126
East State Road 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".
WITNESSETH:
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
Grant, HOME and Emergency Solutions Grant Programs; 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 Entitlement Program
("CDBG"), the HOME Investment Partnership Program ("HOME") and the Emergency Solutions
Grant("ESG")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:
Section 1. Recitals. The above recitals are true and correct and form a material part of this
Agreement upon which the parties have relied. CERTIFIED COPY
Mr °YANNE
SE LE OF CIR MORSE
LE CO(l i ._COURT
Community Development Block Grant Cooperation Agreement 4th , ' �IDA
Seminole County/City of Winter Springs �.�'
Page 1 of 8 0E,.or,y cL„rx.
Section 2. CITY's Authorization.
(a) The CITY hereby authorizes the COUNTY to make application for and receive
CDBG, HOME and ESG 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 CDBG,HOME and ESG 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:
(1) may not apply for grants under the State CDBG Program from appropriations
for fiscal years during the period in which it participates in the COUNTY's CDBG program
conducted by the COUNTY in its capacity as an"urban county"; and
(2) may receive a formula allocation under the HOME program only through the
COUNTY, and may not participate in a HOME consortium except through the COUNTY in its
capacity as an "urban county", regardless of whether the COUNTY receives a HOME formula
allocation or not; and
(3) may receive a formula allocation under the ESG Program only through the
COUNTY in its capacity as an"urban county
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 the CDBG, HOME
and ESG Programs.
Community Development Block Grant Cooperation Agreement
Seminole County/City of Winter Springs
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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.
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 to the COUNTY 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 submitting the Consolidated Plan to 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 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:
(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 CDBG,HOME, and ESG Grants from Fiscal
Years 2013, 2014 and 2015 appropriations. Neither the COUNTY nor the CITY may terminate or
withdraw from the Agreement during the three-year qualification period covered by this agreement or
during 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,HOME or ESG funds
and income received during the three-year qualification period covered by this Agreement are
Community Development Block Grant Cooperation Agreement
Seminole County/City of Winter Springs
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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.If the
COUNTY or the CITY provides written notice to not participate in a new qualification period,then a
copy of that notice will also be provided to the HUD Field Office by the date specified in Section II of
the Urban County Qualification Notice.
(d) Failure by either party to adopt an amendment to the Agreement incorporating all
changes necessary to meet the requirements 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 CDBG, HOME or ESG Funds received by the COUNTY, the
COUNTY may either carry out the CDBG, HOME and ESG 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 the CDBG, HOME and ESG 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
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obligate the CITY to undertake all necessary actions to carry out the CDBG, HOME, and ESG
Community Development Block Grant Cooperation Agreement
Seminole County/City of Winter Springs
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Programs and the Five-Year Consolidated and Annual Action Plans, 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 CDBG, HOME and ESG Programs and the Five-Year
Consolidated and Annual Action Plans.
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 Five-Year
Consolidated and Annual Action Plan as promulgated in 24 CFR Part 91.
(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 therefore.
Section 10. Fair Housing. The CITY acknowledges that the COUNTY will prohibit
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.
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Seminole County/City of Winter Springs
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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
individuals engaged in non-violent civil rights demonstrations. Furthermore, 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.
Section 12. Effective Date. This Agreement shall take effect upon the full execution of the
Agreement by the parties.
Section 13. 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 CITY:
City Manager
1126 East State Road 434
Winter Springs, Florida 32708
For COUNTY:
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 14. Counterparts. This Agreement may be executed in counterparts each of
which shall be deemed an original.
Community Development Block Grant Cooperation Agreement
Seminole County/City of Winter Springs
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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
•
Llr By:" Jf/ /1 1 •
• ! ' %� • 'ENZO-LUACES,City Clerk .q�/ E"' # ayor
Date: G� 4_LX/41,
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 this Agreement provides full legal authority for the
CITY to undertake or assist in undertaking essential community development and housing assistance
activities;specifically urban renewal and publicly-assisted housing.
4111■11
City Attow ey
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[The balance of this page is left intentionally blank.
Attestations continued on following page.]
Community Development Block Grant Cooperation Agreement
Seminole County/City of Winter Springs
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M . •
BOARD OF COUNTY C• •Iv IONERS
ATTEST: SEMINOL OUN ' L• ` f A
By 'd
• ' ' '%�' E MORSE ROB''T DALLARI, f+ airman
Clerk to the Board of
County Commissioners of
Seminole County, Florida. Date: ���
As authorized for execution by the Board,of
County Commissioners at its // ,
20 /cc 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 this Agreement 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.
,
County Attorney
MC/dre/lpk
4/30/12,8/3/12
P:\Users\MClarke\Community Services\CDBG Winter Springs Cooperation Agt 2012 clean copy.docx
Community Development Block Grant Cooperation Agreement
Seminole County/City of Winter Springs
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