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HomeMy WebLinkAbout2015 07 27 Consent 302 Resolution 2015-23, Community Development Block Grant Agreement with Seminole County COMMISSION AGENDA Informational Consent X ITEM 302 Public Hearin s g Regular July 27, 2015 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department requests that the City Commission review and approve Resolution 2015-23 which approves a Community Development Block Grant (CDBG) Agreement with Seminole County for FY 16, 17, and 18. SYNOPSIS: Seminole County has participated with the U.S. Department of Housing and Urban Development (HUD) as an Urban County since 1986 for housing and community development activities. Winter Springs has participated in this program since that time and, in 1994, executed an automatically renewable cooperative agreement with Seminole County for such participation. CONSIDERATIONS: The upcoming qualification period for the CDBG Cooperation Agreement begins on October 1, 2015. This agreement is for FY 16, 17, and 18. The attached draft agreement has been reviewed by the City Attorney's office. The Housing and Community Development Act of 1974, as amended, provides for urban counties to enter into a cooperation with cities to undertake or assist in the undertaking of essential co0mmunity development and housing assistance activities pursuant to the Community Development Block Grant, HOME and Emergency Solutions Grant Programs. If the City were to decide not to enter into the CDBG Cooperation Agreement, the only option for obtaining CDBG funds would be through the Small Cities program, which is extremely competitive. Consent 302 PAGE 1 OF 2-July 27,2015 While there is no obligation for the City to seek or use CDBG funds, the City has, in the past, used these funding sources to develop the condominiums on Rhoden Lane. These funds have also been used as part of the Torcaso Park improvements (splash pad, football field, playground improvements), and the Senior Center expansion, including the therapy pool. FISCAL IMPACT: While there is no immediate fiscal impact associated with the approval of this resolution, the resolution represents the most expeditious means to access CDBG funds for potential future needs. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department recommends that the City Commission approve Resolution 2015-23 which approves the Community Development Block Grant Cooperative Agreement for FY 16, 17, and 18 and maintains the City's participation in the Urban Counties Program. ATTACHMENTS: A- Community Development Block Grant Cooperation Agreement B -Resolution 2015-23 Consent 302 PAGE 2 OF 2-July 27,2015 ATTACHMENT A COMM[TN�TY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT " CITY OF WINTER�PRiNGS,FLORTDA THTS AGREEMENT is entered into on the day of ,2015;by and between CITY OF WINTER SPRINGS,a Flarida municipal cozporation,whase address is 1126 East State Road 434, Winter Springs, Florida 32708 (hereinafter referred ta as "CITY"), �nd SENIINOLE COiTNTY,a political subdivision of the State of Florida,whose address is Seminole County Services Buiiding, I 101 East First Stz-eet, Sanford; Florida 32771 (hereinafter referred to as"COUNTY"). � WITNESSETH: WHEREAS,th�Housing and Community De�elopment Act of 1974, as amended,rnakes provisions whereby urban counties may entez- it�to cooperatian agree�nents with certain units of general local go�erntnent(such as cities)ta underfake or assist in undertaking essential community development and housing assistance acti�rties�pur�uant to tbe Communify Development Block Grant,HOME and Emergency Solutians Grant Programs; and W.EIEREAS, it is the desire of the parties to tl�is Agreement that the COLTNTY undertake activities to plan and carry out the Community Development Block Grant Entztlement Program ("CDBG"),ihe H4ME Investment Partnership Program ("HOME"}and the Ernergency Sol�tions Grant("ESG")Program for the benefit of residents of Seminole Couz�ty; and WHEREAS, Part 1, Chapter 163, Florida Statutes authorizes tk�e entering o£ znterlocaX • agreements of this typ�, NOW, THEREFORE,the parties hereto do�autually agree as �'oIlows:. Section 1. Recitals. The above recztals a�e true and eorrect and form a mat�rial part of this Agre�ment upon rvhich the parties k►ave re�ied. . Cornmunity Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Fage 1 of 8 Section 2. CITY's Author�ization. {a) CITY hereby authorizes COITNTY to make appIication for and receive CDBG, HOME and ESG Grants from the United States De�ax�tment of Housing and Urban Development (hereinafter"H[TD")on ifis behalf and,further,authorizes GOUNTY to include CITY's population for th�puxposes of calculating and making CDBG, HOME and ESG Grants. (b) CITY agrees to pro�ide COUNTY with vvritten evidence of such authorization in additiar�to this Agreement in the form of an adopted Resolution accep�able to COUNTY. (c) By executing the CDBG cooperation agreement, 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 condu.cted by the COUNTY in its capacity as a�"urban county"; and _ ��� (2} rr�ay receive a formula,alloc.ation under the HOME Program only through .. � COLTNTY, and rnay not participate in a HOME eonsortzum except through COUNTY in its capacity as an "urban county", regardless of whether COUNTY receives a HOME fortnula ailacation or not; ar,d (3) �ay z-ecezve a formu.la aIlocation under the ESG Progxaxza only througl�the COUNT'Y in its capac�ty as az� "urban county". Section 3. COUNTY Administration. COIJNTY agrees to provide, at na cost ta CITY,the staff,resources, and ather services r�ecessary to plan and administer the CDBG,H4ME and ESG Programs. Section 4. Mutnal Cooperation. COUNTY and CITY agree to coop�rate to undertake or assist in undertaking community renewal and Iower income housing assistance activities. Comm�uuCy.Develop�ent Block Crrant Cooperation Agreement Sei�ninole County 1 City of Winter Springs Page 2 of S Section 5. Projects Fu�ded. (a) COLTNTY a.grees to facilitate, encourage and allow CITY officials and the citizens of CITY to have the full and open opportunity to submit projects to COUNTY for funding consideration. (b} CITY understands and agrees that COUNTY �ill ha�e final and ulfiimate responsibiIity far seIecting acti�ities to be funded and subrnitting the Consolidated Plaa�ta H[JD. Section 6. CITY Obligations. CITY and COUNTY agree that pursuant to the pro�risions of Title 24, Code of Federal ReguIatians, including, but not limited to, Section 570.501(b), CITY is subject to the same requirements applicable to subrecipients, including, but not limited ta, the requirement for a written agreement set forth in Title 24, Code of Federal Regulations, Section 570.503. .�� Seetion 7. Grant of AuthoriLy/TerYri: ' By eirtue of this Agreement: {a) CITY has given to COLTNTY, and�.COUNTY shall have, full authority to carry out activities which will be funded from annual CDBG, HOME, and ESG Grants fiotxa Fiscal Years 20I6, 2017, and 2018 appropriations. Neitk�er COUNTY nar CrTY may tez-x�ninate or withdraw from ti�e Agreement during t�e t�ree-year qualificatian period covered by this Agz-eez�nent or during any subsequent thxee-year quali�cation period a.�ising through the automatic renewal of this Agre.ement. (b} This Agreement shall remain in force until any and all CDBG, HOME, az' ESG funds and program income received during the three-year qualification period covered by this Agreementi are expended and the activities which such funds and incorne finance are completed. The provisions of this subsection shalI apply to the funds;incorne and activities arising during any Cozx�nraunuity Developxnent Block Gz'ax�t Cooperatio�Agreezx�ent Seminole County/City of Winter Springs �'age 3 of 8 R subsequent three-year qualification periods aufihorized through the automatic renewal of this Agreement. (e) This Agreement will automatically be renewed for participation in successive tI�ree-year c�ualification periods, unless COUNTY or CITY provides written notice it elects not to participate in a new qualification p�riod. COUNTY will notify CITY in writing of its right to make such election by the date specified in HUD's Urban County Qualifieation Notice for the next qualification period. Tf COUNTY or CI:TY pro�ides vvritte� notice to not participate in a new qualification period, then a copy of that notice will also be provided to the H[.TD Field Of�ce by the date specified in Section II of the Urban County Qualification Schedule. {d) Failure by either party to adapt an amendment to the Agreement incorporating all . changes necessa�y to meet the requirements for cooperation agreements set forth in tl�e Urban ..� County Quali�'ication Notice applicable for a suibsequent three-year urban qualification period,and to subzxzit t�e arr�endment to HUD as provided in the Urban Co�znty Qualification Notic�,wiIl void the automatic renewal foz-such qualification period. Section S. Perfarmance of ServiceslContracts. (a) As #o the use of tk�e CDBG, HOME or ESG Funds received by COLJNTY, COUNTY may either carry out the CDBG, HOME and ESG Programs for CITY or, in the event that the parties jointly determine that it is feasible for CITY�o perforna any se�ices in eonnectian with the CDBG, HOME and ESG Programs, COiTNTY may contract wit� CITY for the perforrnance of such services. (b) Any coniracts entered "pursuant to Section 8{a) shall contain provisions whick� obligate CITY to undertake all necessary actions to car�y out the CDBG, HOME, and E�G Prrog�razxis and the Five-Year Consolidated acnd Annual Action Plans, where appIicable, within a Coxnz�r�unzty Develop�rzxent Block Crrant Cooperatian Agreement Seminole County/City of Winter Springs Page 4 of 8 specified time frame and in accordance wifh the requireinenfis of Title I of the Housing and � Community Develo�m�nt Aet of i974, as amended, and any and alI otl�er appIicable laws and implementing reguIa�ions. (c) CITY agrees to undertalce and accomplish all r�ecessary actions, as determined by COUNTY, in order to carry out the CDBG, HOME and ESG Pro�ratr�s and the Five-Year Consolidated and Annual Action Plans. Section 9. Applicable La�wvs/Compliance. (a} CITY and COL]NTY agzee to take all required actions to compl�with COLINTY's certification under Section 104(b) of Title X of the Housing and Comrnunity DeveIopment Act of 1974, as a�nended, regarding Tit1e VI of t�ae Civil Rights Act of 1964, the Fair Housing Act, and affirmati�vely furthering fair hous��g; Section 109 of Title I of the Housing and CoYnmunity DeveIo�znent Act of 1974, which incorporates�S�cfion 504 of the Rehabilitatian Act of 1973 .and ���� the Age Dzsczimination Act of 1975; and all o�her applicable 1aws, rules and regulatzons. CITY agrees to comply with all auditing requirements imposed by law, rule, regulatian or COUNTY. COUNTY certifies, with CITY's undersfanding and support, that COUNTY is foIlowing a Fi�e-Year Consolidated and Annual Action P1an as pzomulgated in 24 CFR Part 91. (b) CITY acknowledges and understaz�ds that noncompliance with the provisions of laws, rules or regulations by C1TY may constztute noncompliance by the entire urban county program and COUNTY as th� grantee and CITY assumes responsibility th�refore. Section 10. Fair Housing. CITY acknowledges that COUNTY will prahibit func�ing for activities in or in support of CITY zf CTTY does not affirmatively further fair housing r?vitl�in CITY's jurisdiction or if CITY izx�pedes COUNTY's actions ta comply vvith the COLTNTY's fair housiz�g certif cation. Communiiy Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 5 of 8 Sectian l.l.. , Law Enforcement. CZTY has adopted and is enforcing a policy pzokzzbiting the use of excessive fozce by law enforcement-agencies within its jurisdiction against any individuals engaged in z�or�-�iolent civil rights demonstrations. Furthermore, CITY has adopted and is enforcing a policy of e�forcing applicable state and local laws against physically barring entrance to or exit from a facility ar locafiion which is the subject of such non-violent civil rights demonstrations within its jurisdiction. In fi�rtherance of this provisian, specifieally, and a11 other provisions of this Agreerrient, generally, CITY agrees to indemnify and hold COLTNTY harmIess to the fi�llest extent provit�ed.by law. Seetion 12. Administrative Requiremen#s. In accordance wifh 24 CFR 5'10_501(bj, CITY is subject to the same requirements applicable to subrecipi�nts, including the requirement of a written agreement as described in 24 CFR 570.503. Section 13. CDBG Funds. CITY rr�ay iiot sell, trade, or oYherrvise transfer all or any � �'��� portion of suc�► funds to another such metropoIitan city, urban county, unit of general local govezx�zx�ent, or Indian tribe, or insuiar a�rea that directly or znd.irectly zeceives CDBG funds in excharzge for any other funds, credits or non-Federal cansiderations, but must use such func�s for activities eligible under title I of tlae Act. Sect�an 14. Effective Date. This Ag7reexzaent shall take effect upon the full execution of �he Agree�aent by the parties. Section ]5. Nat�ces. Whene�er either party desires to give notice unto t�e other, it�ust be given by written natice, sent by certifed United States mail,with returr� receipt requested, and sent to: Community Development Block Grant Cooperation Agreemen� Seminole County/City of Winter Spz��gs Page 6 of 8 For C�TY: � City Manager 1 L26 East State Road 434 Winter Springs,Florida 32708 For COUNTY: County Manager Seminole County Services Building 1 T O l East First Street Sanford, Florida 32771 Any of t�e parties may change, by wiritten notice as provided abave,the ad.dresses or persons for receipt o�notices. . S�ctio� 16. Counterparts. This Agreement may be executed in caunterparts each of which shalI be deezx�ed an original. IN WrTNESS W:[TEREOF,CITY and COUNTY do her�by authorize and have executed ���_. � � this Agreement as of the date first hereinbefa�r���%�en. �::.:�,�`�. ATT`EST; CITY OF WINTER SPRINGS � By; ANDREA LORENZO-LUACES CIIARLES LACEY,Mayor City Clerk � Date: Counsel for CITY does hereby state that the terms aa�d provisions of this Agreernent are fully - authorized under State and local law and that ihis Agreem�nt provides full legal authority for CTTY to . undertake or assist in undertak'ing essential cozx�umuz�ity developznent and �ousing assistance acti�ities. City Attomey Community Developtr�ent Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 7 of 8 BOARD OF COUNTY COMMISSIONERS ATTEST: SEMINOLE COUNTY,FLORIDA : By: MARYANNE MORSE BRENDA CAREY,Chairman Clerk to the Board of County Commissioners of Seminole County,Florida. Date: As authorized far execution by the $oard of County Comrnissioners at its , 20 ,regular meeting. Counsel for COUNTY doe� hereby state t�at the tez-�ns and pro�zsions of this Agreeinent are fully authorized under State and Iocal law ar�d that this Agreement provides fi�l legal authority for C4C_JN'I'Y to uz�dertake or assist in undertaking essential community deve�opment and housing assistance activit�es. County Attorney ;���F ��� MCC 5/21115 P�1U5er55MClarkelCommunRy SeFVACes1CDBG Wiuter Sprin�Coopeeartron,Ae�t 2015.docx Community Development Block Grant Cooperation Agreement Seminole Couz�ty/City o£Wint�r Springs Page8of$ ATTACHMENT B RESOLUTION NO. 2015-23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA APPROVING A COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT WITH SEMINOLE COUNTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Housing and Community Development Act of 1974, as amended, provides for urban counties to enter into cooperation agreements with 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, the City of Winter Springs desires to enter into such an agreement with Seminole County so that the County may undertake the aforesaid community development and housing assistance activities for the benefit of residents of the City and Seminole County; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section L Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Approval of Communitv Development Block Grant Cooperation A�reement. The City Commission of the City of Winter Springs hereby approves the Community Development Block Grant Cooperation Agreement with Seminole County, which is attached hereto as Exhibit"A," and fully incorporated herein by this reference. Section 3. Severabilitv. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion City of Winter Springs Resolution No.2015-23 Page 1 of 2 shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a meeting assembled on this 27th day of July, 2015. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 27th day of July, 2015. CHARLES LACEY,Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No.2015-23 Page 2 of 2