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