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