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HomeMy WebLinkAboutResolution 2012-12 CDBG Program Renewal RESOLUTION NO. 2012-12 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, 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 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. City of Winter Springs Resolution No. 2012-12 Page 1 of 2 • 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 29th day of May, 2012. �`� RLE �'►��' ►eayor ATTE:T" AND ' A 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. 2012-12 Page 2 of 2 I COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT CITY OF WINTER SPRINGS,FLORIDA THIS AGREEMENT is entered into on the ay- day of Jcc�e,— , 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 SEIVIINOLE 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 L 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 7 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 Page 2 of 7 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 7 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. (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 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 Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 4 of 7 Community Development Act of 1974, as amended, and any and all other applicable Iaws 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. 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 Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 5 of 7 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. Status of CITY. Pursuant to 24 CFR 570.501(b), as well as other applicable law,the CITY agrees that it is,at a minimum,subject to the same requirements applicable to grantee subrecipients,including the requirement of a written agreement,as set forth in 24 CFR Part 570.503. 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: CITY City Manager 1126 East State Road 434 Winter Springs,Florida 32708 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 15. 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 Page 6 of 7 IN WITNESS WREREOF, the CITY and the COUNTY do hereby authorize and have executed this Agreement as of the date first hereinbefore written. ATT CITY OF ER.SP By •�a )Lorenzo-Luaces,City Clerk Char -' Lace /,. Date: it a. Counsel for the CITY does hereby state that the terms and provisions of this Agreement fully authorized under state and local law and that the Agreement provides full legal authority for the CITY to und=+- e or assist in undertaking essential community development andhousing assistance activiti- - ally urban renewal and publicly-assisted housing. City Attorney V' A,j,l ES,I, BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY,FLORIDA By: L / Morse Brenda-Earey,-Giairm Clerk to the Board of Carlton Henley, Vice-Chairman County Commissioners of Seminole County,Florida. Date: 6 -As authorized for execution b the Board of County Commissioners at its 20 IA,-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 the 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. QL adz_ County Attorney MC/dre 4/30/12 p:tuserstntclarkelcommunity servicestcdbg winter springs cooperation agt 2412.docx Community Development Block Grant Cooperation Agreement Seminole County/City of Winter Springs Page 7 of 7 COMMUNITY SERVICES DEPARTMENT COMMUNITY ASSISTANCE DIVISION SEMINOLE 7eir— Orni COMPLIANCE OFFICE FLORIDA'S NATURAL CHOICE June 29, 2012 Mr. Kevin L. Smith City Manager City of Winter Springs 1126 E SR 434 Winter Springs, FL 32708 Re: Community Development Block Grant Cooperation Agreement City of Winter Springs & Resolution Honorable City Manager: Attached is the above-referred document for your records. If you have any questions, do not hesitate to contact us at 407-665- 2381. Si - ely, - dove D= ga• s, Compliance Office /jd Enclosure 534 W LAKE MARY BLVD SANFORD FL 32773 TELEPHONE(407)665-2380 FAX(407)665-2399