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HomeMy WebLinkAboutResolution 2018-09 Approving Community Development Block Grant Cooperation Agreement w/ Seminole County RESOLUTION NO. 2018-09 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, the City Commission deems that this Resolution s 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 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 meeting assembled on this 14th day of May, 2018. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 14t"th day of May, 2018. CITY OF WINTER SPRINGS, FLORIDA .. i � f C I 14 t f ES LAC , A ATTEST: A a. ;03R -LUACES, CITY CLERK Approved as to legal form and sufficiency for The City o Winter Springs only: ANTHONY A. GARGANESE, CITY ATTORNEY City of Winter Springs Resolution No.2018-09 Page 2 of 2 COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT CITY OF WINTER SPRINGS,FLO RIDA THIS AGREEMENT is entered into on the day of u� , 2018,by and between CITY OF WINTER SPRINGS,a Florida municipal corporation,whose address is 1126 East State Road 434, Winter Springs, Florida 32771 (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, Part 1, Chapter 163, Florida Statutes authorizes the entering of interlocal agreements of this type, 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 Agre f p COO-Y {'iNT MALOY t� Seminole County/City of Winter Springs CLERK Of THE HK,�j,+01 f1T Pagel of 8 AND COMPfA0LLERS<? SEMfNOCE C®Q )4. BY DEPUTYCLERK` t' Section 2. CITY's Authorization. (a) CITY hereby authorizes 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 COUNTY to include CITY's population for the purposes of calculating and making CDBG, HOME and ESG Grants. (b) CITY agrees to provide COUNTY with written evidence of such authorization in addition to this Agreement in the form of an adopted Resolution acceptable 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 conducted by the COUNTY in its capacity as an"urban county"; and (2) may receive a formula allocation under the HOME Program only through COUNTY, and may not participate in a HOME consortium except through COUNTY in its capacity as an "urban county", regardless of whether 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. COUNTY agrees to provide, at no cost to CITY, the staff, resources, and other services necessary to plan and administer the CDBG, HOME and ESG Programs. Section 4. Mutual Cooperation. COUNTY and CITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities. Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 2 of 8 Section 5. Projects Funded. (a) COUNTY agrees 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 will have final and ultimate responsibility for selecting activities to be funded and submitting the Consolidated Plan to HUD. Section 6. CITY Obligations. CITY and COUNTY agree that pursuant to the provisions of Title 24, Code of Federal Regulations, including,but not limited to, Section 570.501(b), 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) CITY has given to COUNTY, and COUNTY shall have, full authority to carryout activities which will be funded from annual CDBG, HOME, and ESG Grants from Fiscal Years 2019, 2020, and 2021 appropriations. Neither COUNTY nor 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 program income received during the three-year qualification period covered by this Agreement are 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 Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 3 of 8 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 COUNTY or CITY provides written notice it elects not to participate in a new qualification period.COUNTY will notify CITY in writing of its right to make such election by the date specified in HUD's Urban County Qualification Notice for the next qualification period. If COUNTY or 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 Schedule. (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 for such qualification period. Section 8. Performance of Services/Contracts. (a) As to the use of the CDBG, HOME or ESG Funds received by COUNTY, 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 to perform any services in connection with the CDBG, HOME and ESG Programs, COUNTY may contract with CITY for the performance of such services. (b) Any contracts entered pursuant to Section 8(a) shall contain provisions which obligate CITY to undertake all necessary actions to carry out the CDBG, HOME, and ESG Programs and the Five-Year Consolidated and Annual Action Plans, where applicable, within a Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 4 of 8 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) CITY agrees to undertake and accomplish all necessary actions, as determined by 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) CITY and COUNTY agree to take all required actions to comply with COUNTY's certification under Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing; Section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975; and all other applicable laws, rules and regulations. CITY agrees to comply with all auditing requirements imposed by law, rule, regulation or COUNTY. COUNTY certifies, with CITY's understanding and support, that COUNTY is following a Five- Year Consolidated and Annual Action Plan as promulgated in 24 CFR Part 91. (b) CITY acknowledges and understands that noncompliance with the provisions of laws, rules or regulations by CITY may constitute noncompliance by the entire urban county program and COUNTY as the grantee and CITY assumes responsibility therefore. Section 10. Fair Housing. CITY acknowledges that COUNTY will prohibit funding for activities in or in support of CITY if CITY does not affirmatively further fair housing within CITY's jurisdiction or if CITY impedes COUNTY's actions to comply with the COUNTY's fair housing certification. Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 5 of 8 Section 11. Law Enforcement. 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, 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, CITY agrees to indemnify and hold COUNTY harmless to the fullest extent provided by law. Section 12.Administrative Requirements.In accordance with 24 CFR 570.501(b),CITY is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503. Section 13. CDBG Funds. CITY may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. Section 14. Effective Date.This Agreement shall take effect upon the full execution of the Agreement by the parties. Section 15. 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: Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 6 of 8 For CITY: City Manager 1126 East State Road 434 Winter Springs, FL 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 16. Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original. IN WITNESS WHEREOF, CITY and COUNTY do hereby authorize and have executed this Agreement as of the date first hereinbefore written. ATTEST: CITY OF WINTER SPRINGS -- By: A LORENZO-LUACES,City ClerkCH ES LACEY; or Date: May 14, 2018 Counsel for 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 CITY to undertake assist in undertaking essential community development and housing assistance activities. 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 SEMINOLE COUNTY, FLORIDA By. HORAN,Chairman Merl'.tlthp bbari of / i/,,)County•C�Ofrimissioners of '' , �emiiioleoemty, Florida. Date: r O As authorized for execution by the Board of County Commissioners at its 20/6 , regular meeting. Counsel for 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 COUNTY to undertake or assist in undertaking essential community development and housing assistance activities. W' County Attorney Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 8 of 8