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HomeMy WebLinkAbout2012 10 22 Consent 205 Resolution 2012-40, Revised CDBG Agreement COMMISSION AGENDA     Informational Consent X ITEM205 Public Hearings Regular       October 22, 2012KSRS Regular MeetingCity ManagerDepartment         REQUEST: The Community Development Department requests that the City Commission consider and approve Resolution 2012-40 which approves certain revisions to the Community Development Block Grant  Cooperation Agreement with Seminole County.   SYNOPSIS: Seminole County (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 cooperation agreement with Seminole County for such participation.    The Housing and Community Development Act of 1974, as amended, provides for urban counties to enter into cooperation 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.  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.  While there is no obligation to the City to seek or use CDBG funds, the City has, in the past, used these funding to develop the condominiums on Rhoden Lane.   CONSIDERATIONS: For the upcoming qualification period (which begins on October 1, 2013), the County has made minor adjustments to the cooperation agreement to satisfy HUD's requirements.  On Consent 205 PAGE 1 OF 2 - October 22, 2012 May 29, 2012, the City Commission approved the revised agreement.  Upon the County's submittal of the Cooperation Agreements to HUD, their legal department requested that two amendments be made to the Agreement.  The requested changes are as follows:   That the Agreement specifically state that, if the CIty elects not to participate in the  next three-year qualification period, it will notify HUD directly. That Section 12 be stricken because it is duplicative.    These changes have been included in the attached Agreement and Resolution and have been reviewed by the City Attorney. FISCAL IMPACT: While there is no immediate fiscal impact associated with the approval of this resolution, the resolution represents a 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 2012-40 which approves certain revisions to the Community Development Block Grant Cooperation Agreement and maintains the City's participation in the Urban Counties Program. ATTACHMENTS: A - Draft of the Revised CDBG Cooperative Agreement B - Resolution 2012-40 Consent 205 PAGE 2 OF 2 - October 22, 2012 Attachment A COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT CITY OF WINTER SPRINGS, FLORIDA THIS AGREEMENT is entered into on the 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 can), 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. Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 1 of 8 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 foini 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 Page 2 of 8 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 Page 3 of 8 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 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 Page 4 of 8 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. Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 5 of 8 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. . : . . 4 e I; , : •.: : - • •- - , - .; - ' - ; • - : -- -- • •- - - ' •. e ! Section 12. Effective Date. This Agreement shall take effect upon the full execution of the Agreement by the parties. Section 447 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 Community Development Block Grant Cooperation Agreement Seminole County I City of Winter Springs Page 6 of 8 Any of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. Section 157 14. 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 this Agreement as of the date first hereinbefore written. ATTEST: CITY OF WINTER SPRINGS By: ANDREA LORENZO-LUACES, City Clerk CHARLES LACEY, Mayor 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 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. City Attorney [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 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 for execution by the Board of County Commissioners at its 20 ,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\mcirke\community services\cdbg winter springs cooperation agt 2012.clocx Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 8 of 8 Attachment B RESOLUTION NO. 2012-40 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, 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,on May29,2012,the City commission adopted Resolution 2012-12,approving 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,subsequent to the City's adoption of Resolution 2012-12,the U.S.Housing and Urban Development requested that two(2)minor amendments be made to the Agreement to require the City to notify HUD in the event it desires to elect out of participation and to eliminate duplicative language; and WHEREAS, the City Commission desires to adopt this Resolution approving the revised terms of the Agreement,previously approved pursuant to Resolution 2012-12; 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 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Approval of Community Development Block Grant Cooperation City of Winter Springs Resolution No. 2012-40 Page 1 of 2 Agreement. 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. Severability. 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 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 special meeting assembled on this 22nd day of October, 2012. 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. 2012-40 Page 2 of 2