Resolution 12-1311RESOLUTION 12-1311
A RESOLUTION OF THE CITY COMMISSION OF THE CITE' OF
LONGWOOD, FLORIDA, APPROVING ENTERING INTO AN
AMENDED COMMUNITY (DEVELOPMENT BLOCK GRANT (CIDIIG)
COOPERATION AGREEMENT WITH SEMIN®LE COUNTY.
WHEREAS, Chapter 23, Florida Statutes, sets forth the terms and conditions for local
governments to enter into an interlocal voluntary cooperation operational assistance mutual aid
agreement; and
WHEREAS, it is the desire of the City Commission of the City of Longwood to
encourage programs that undertake or assist essential community development and housing
activities and provide the highest quality of public safety available; and
WHEREAS, the City of Longwood has participated in a CDBG agreement with
Seminole County since 1986; and
WHEREAS, Seminole County has made minor agreements to the cooperation agreement
to satisfy HUD requirements that necessitates a resolution from the City of Longwood re-
authorizing the agreement.
NOW, THEREFORE, ICE IT RESOLVED by the City Commission of the City of Longwood,
Florida, as follows:
a
SECTION I. The City Commission of the City of Longwood hereby approves the
entering into an amended Interlocal Community Development Block Grant Cooperation
Agreement, which is hereby attached and adopted by reference thereto.
SECTION H: Conflicts. Any resolutions or parts of resolutions in conflict with any of .
the provisions of this Resolution are hereby repealed.
SECTION W.- Severability. If any Section or portion of a Section of this Resolution
proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the
validity, force, or effect of any other Section or part of this Resolution.
SECTION IV: Effective Date. This resolution shall become effective immediately upon.
adoption.
PASSED BY THE CITY COMMISSION OF LONGWOO D, FLORIDA, IN REGULAR
SESSION THIS /% (DAY OF 2012.
Resolution 12-1311
V -ian D. Sackett, May �
ATTEST:
r" e �g::: z -
Sarah M. M irus, M MC, AMA, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Da -5 1 ]Langl� ,fit t ey
Resolution 12-1311
COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEME, IT
CITY OF LONGWOOD, FLORIDA
THIS AGREEMENT is entered into on the day of _ , 2012, by and
between CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 West
Warren Avenue, Longwood, Florida 32750, lrereinafer referred to as "CITY", and SEMINOLE
COUNTY, a political subdivision of the State ofFlorida, whose address is Seminole County Services
Building, 1 101 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 (sucli 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
WHERE AS, 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:
Sectiou 1. Reeltils. 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 Longwood
Page 1 of 7
K
Section 2. CI`> Y's Authorization.
(a) The CITY hereby authorizes the COUNTY to make application for and receive
CDBG, HOME and ESG Grants fi-om 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 CDI3G, 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 wider the State CDBG Programs 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 forinula 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 Longwood
Page.2 of 7
Section 4. lVittttttal Coopel-Itiou. The COUNTY and the CITY agree to cooperate to
undertake or assist in undertaking community renewal and lower income Housing assistance
activities.
Sectioll S. li't•ojects 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 file COUNTY will have final and ultimate
responsibility for selecting activities to be funded and submitting the Consolidated Plan to IIUD.
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. Gi mat of Authoi tyffci-m. By virtue of this Agreement:
(a) The City leas 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 fi-om Fiscal
Years 2013, 2014 and 2015 appropriations. Neither the COU7\ITY 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 fiords
and income received during tile, three-year qualification period covered by this Agreement are
Community Development Blocic Grant Cooperation Agreement
Seminole County / City of Longwood
Page 3 of 7
expended and the activities which such fluids and income finance are completed; The provisions of
this subsection shall apply to the funds, income and activities arising during any subsequent
tliree-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 perioci. The COUNTY will notify the CITY in writing of its
right to make such election by the elate 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 3. 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 file CDBG, HOME and ESG Programs, the COLJNTY 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 Fivc-Year Consolidated and Annual Action Plans, where applicable, witlim a
specified time frame and in accordance with the requirements of Title I of the Housing and
Conununity Development Block Grant Cooperation Agreement
Seminole County / City of Longwood
Page 4 of 7
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 FSG Programs and the Five -Year
Consolidated and Annul Action Plans.
Section 9. fApplicible 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 ofthe 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
-ill auditing requirements imposed by law, rule, regulation or the COUNTY. The COUNTY
certifies, with file 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. Fah- Homing. The CITY acknowledges that the COUNTY will prohibit
funding for activities in or in support of the CITY if the CITY does not affirmatively fiu•ther fair
housing within the CITY's jurisdiction and/or if the CITY impedes the COUNTY's actions to comply
with its fair liousing eertification.
Seetion 11. Law Enfoa^cement. 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 Longwood
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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. )affective 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
175 West Warren Avenue
Longwood, Florida 32750
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. Comitexparts. This Agn-eement may be executed in counterparts each of
which sliall be deemed an original.
Community Development Block Grant Cooperation Agreement
Seminole County / City of Longwood
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IN WITNESS WHERE OF, the CITY and the COUNTY do hereby authorize and have
executed this Agreement as of the elate first hereinbefore written.
ATTE,�SSTCITY OF LONG OOD
y
Sarah M. Mil -us, City Cleric Brian Sacl tt, yor /
Date:
Counsel for the CITY does hereby state that the terms and provisions of the Agreement are
fully authorized under state and local law and that the Agreement provides full legal authority for the
CITY to undertake or assist in undertaking essential community development and housing assistance
activitie ; pecif call>�b renewal and publicly -assisted housing.
Ci ttorney
BOARD OF COUNTY COMMISSIONERS
SCMMOLE COUNTY, FLORIDA
ATTEST:
IN
Maryanne Morse
Clerk, to the Board of
County Commissioners of
Seminole County, Florida. Date:
Brenda Carey, Chairman
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 the 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.
County Attorney
MC/care
4/30/12
p:users\mcku ke\community services\cOg longwood cooperation igt 2012.docx
Conununity Development Block Grant Cooperation Agreement
Seminole County / City of Longwood
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