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Resolution 12-1320RESOLUTION 12-1320 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOID, FLORIDA, APPROVING ENTERING INTO AN AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COOPERATION AGREEMENT WITH SEM[INOLE COUNT'. 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 WHERIEAS, 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 amendments to the cooperation agreement to satisfy HUD requirements that necessitates a resolution from the City of Longwood re -authorizing the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Longwood, Florida, as follows: SECTION 1. 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 11: Conflicts. Any resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION .III: 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 d,;IITV COMMAS ON OILS LONGWOOD, FLORIDA, IN REGULAR SESSION THIS Q�- DAY OF P4Qa71bC/, 20Il2. Resolution 12-1.320 Brian A Sackett, Mayor ATTEST: O Sarale 1V1[. Mirus, lbdMC, IMA, City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida only. Resolution 12-1320 COMMUNITY DEVELOPMENT )BLOCK GRANT COOPERATION AGI FEEIVIENT CITY OIL LONGWOOD, FLORIDA THIS AGREEMENT is entered into on the day of _ , 2012, by and bet-kNeen CITE' OF LONGWOOID, a Florida _municipal corporation, whose address is 175 Nest Way -en Avenue, Longwood, Florida 32750, hereinafter referfed to as "Cl`l'Y", and S f+ It INOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 11.01_ East First Street, Sanford, Florida. 32771, hereinafter refer -red to as "COUNTY". AVITN1ESSE T 1- WHEREAS, the Housing and Coniiinuni. y 1D. evelopnient Act of 1974, as arnended, snakes 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 aund housing assistaince activities pursuant to the Corxrinunity Development block: Chant, HOME and Emergency Solutions Grant Prograins; and WHEREAS, it is the desire of the parties to this Agreement that the COUNTY undertake activities to plan and cant' out the Community Development Block Grant Entitlement Prog•arn ("CD13G"), the HOME investment Partnership Program ("HOME") and the Emergency Solutions Grant ("ESG") Program for the benefit of residents of Seminole County, and WLH[E_ EAS, the entering of interloeal agreements of this type is specifically authorized by Part L, Chapter 163, Florida Statutes, as well as other applicable law. NOW, THERE FOR , the parties hereto do mutually agree as `follows: Secdou ale Reeggals. The above recitals are true and correct and form a material _part of this Agreement upon which the parties have relied. Corrrmgnity Development Block Grant Cooperation Agreement Seminole County / City of Longwood _Page 1 ofo Section 2, C: TY'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 Dousing and Urban Development, hereinafter "HUD", on its behalf and, I irther, authorizes the COUNTY to include the CITY's population for the purposes of calculating and snaking 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) niay not apply for grants under the State CDBG Program uom appropriations for -�scal 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 HOLE program only through the COUNTY, and inay not participate in a HOME consortium except thro-Ligi 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 . tCOUIX Y Adntnistration. The COUNTY agrees to provide, at no cost to the CITY, the staff, resources, and other services necessary to plan and administer the CD13G, HOME and ESG Programs. Coin_munty Development Block Grant Cooperation agreement Seminole County / City ofLongw.00d Page 2 of 8 Section 4. Mutual Cooperation. The COUNTY and. the CITY agree to cooperate to undertake or assist in undertakiii-ig conununicy renewal_ and lower iriconie 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 fall and open oppor-tunity 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 flair to HUD. Section 6. City Obligations. The CITY and the COUNTY agree that pursuant to the provisions of Title 24, Code o-= Federal Regulations, including, but not limited to, Section .570.501(b), the CITY is subject to the same requirernents applicable to subrecipients, including, but not limited to, the requirement for a �v-i-itten agreement set forth in Title 24, Code of Federal Regulations, Section 570.503. Secdon 7. Grant of Authorityfferw. By virtule 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 fiora annual CDBG, HOME, and ESG Grants'from Fiscal Years 2013, 2014 and 2015 appropriations. Neither the COUNTY nor the CITY may terminate or withdraw front theAgTecTnent during (lie three-year qualification period covered by this agf•eernent or during any subsequent three-year qualification period arising tluough 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 tlzee-year qualification period covered by this Agreement are Corn--nuriity Development Block Grant Cooperation Agretmc-nt Seniin.ole County / City of Loz?gvlood Page, 3 of 8 expended and the activities which such funds and income ? nance are corripleted. The provisions of this subsection shall apply to the funds, income and activities ar~isii)g during any subsequent three-year qualification periods authorized through the automatic rene-�=r-al of r is A_g reemen t. (c) This Agreennent will automatically be renewed for participation in successive three-year qualification periods, useless the COUNTY or the CITY provides wiitLen notice it elects not to participate in anew qualification period. The COUN TY v✓ill notify the CITY in writing of ifs right to i aloe 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 co-py of that notice will also be provided to the HUD Field Office by the data sriecifred in Section 11 of the Urban County Qualification Notice. (d) Failure by either party to adopt an amendment to the Agreernent incorporating all changes necessary to meet the -requirements for cooperation agicemeas set forth in the Urban County Qualification Notice applicable rot- 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 quali fication period. Sectio-ni- S. Perfoa-mance of:Seivices/Contra.etsa (a) As to the use of the CDBG, HOME or ESG Funds received by the COUNTY, the COU1\1TY may either carry out the CDBG, HOME and ESG Programs for the CITY or, in the event that the parties jointly deteriiiine that it is feasible for'ihe CITY to perform any services in connection with the CDBG, DOME 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 lie CITY to undertake all necessa,y actions to carry out the CDBG, I-IOIv E, and ESG Coo--nunity Devel_opnle.nt Blocr, Graszt Coop ration "A_cecrr161t Seminole County / City of Longwood PaP 4 of o Programs and the give -Year Consolidated and Annual Action Plans, where applicable, within a specified time fiarne and in accordance with the requirements of Title l of the Dousing 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 cant' out the CDBG-, HOLM aid LSC Programs and the Five -Year Consolidated and Annual Action Plans. Section 9. .Applicable saws/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 f of the Dousing and Community Development Act of 1974,, as amended, including, but not limited to, Title III of the Civil Rights Act of 1964, the Fair Dousing Act, section 109 of Titie.I of the Dousing and Community Development Act of 1974, and all other applicable laws, rules and regulations. The CITY agrees to comply vVith all auditing requirements imposed by law, rule, regulation or the COUNTY. The COUNTY certifics, with the CIT Y's understanding and support, that the COUNTY" is following a dive -Year Consolidated and Annual Action Plan as promulgated in 24 CFR Part 91. (b) The CITY acicraowledges and understands -that noncompliance with the provisions of laws, :mules 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. Fairy 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. Coniinunity Developnien t Block Grant Cooperation Agreement Seminole County / City of Longwood Page 5 of 8 Section 11. Law Enforcement. The CITY has adopted a--nd is enforcing a policy prohibiting the use of excessive -force bylaw enforceinent agencies wiihii-r-) its jurisdiction against any individuals engaged in non-violent civil rights demonstrations. Fartheiunore, the CITY has adopted and is enforcing a policy of enforcing applicable state and local laws against physically barring entra��ce to or exit roan a facility or location =rllich is the subject of such 10i1-sjzolent Civil rights demonstrations within its jurisdiction. ha I ii-therance of this provision, speciizcally, and all other provisions of this A ecinent, generally, the CITY agrees to inder2 y and hold the COUNTY hai-niless to the ullest extent provided by law. S-t�°. L A � < �,` .. •-sir —„ �. f &-, P.a�_ Az:'�_'`vv`�' a<f�%� � �•�s�,. _ t�i�-�, �.. �:Az�`Al�'u:A_,�a���� .: ,-s=3.:c.�-"A�., Section M 12. Effective Date. This Ag Anent shall take e0leu upon the vil execution of the Agreement by the parties. Section !� 113. Notices. Whenever either patty desires to give notice unto the other, it inust be given by vnitten notice, sent by certified United States mail, with return rec€ipt requested, and sent to: For C1 ITY- Cif `I Maiiagor 175 West Warren Avenue T ongiwood, Florida 32 750 For CMINTYe County Manager Seminole County..Services wilding 1101 East First Street Sanford, Florida 32771 Coy„1Ilunity Development Block Grant Coop ration Agg-eement Serninol_e County/ City of Longwoa-i rp Page Q]: o Any of the parties may change, by written notice as provided above, the addresses or persons Yor receipt of notices. Section 4-45-. 14. Cotintet--)arts. This Agreement may be executed .in counterparts each of which shall be deemed an oriiginal. IN WITNESS NA HER-E1 Oki, the CITY and the COUNTY do hereby authorize and have c-ecuted this Agreement as of the date first hereinbefore written. ATTEST: CITY O ONC \ICOD i By: SAr AH M. MIRUS, City Clerk RIAN D. SACIa, M- Date: we � Counsel for the CITY does hereby state that the terms acid provisions of this AgTeenlent are fully authorized under State grid local law and that this A greernent provides lull legal auihoribj for the C.I"I'' .7 to undertake or assist in undertaking essential community developnr.ent and .housimna, assistance activiii-s; sI eci l ally urban rea(Inval and publicly -assisted housing. Clty1r itor-ney (The bakince of this vage is left intentionally blank. Il estations confin1ied on f7llowingl)cfge.I Cornnrunity Development Bloch Grant Coot)erat cn Agreement Seminole County / City of Longwood Page 7 of 8 ATTEST: By: IvLA,RYANTTE MORSE Cleric to the Board of County Coinrnissioners of Seminole County, Florida. bate: BOARD OF COUNTY COlviivll�'SIONERS SENTI-HOLE COUNTY, FLORIDA BRENDA Chairman As authorized for execution by the Board of County Commissioalers at its , 20_, regular meeting. Counsel for the COUNTY does hereby state that the tert-iis and provisions or Chis greeinent are fully authorized under State and local Iavv and that this Agreement provides full legal authority for the COUNTY to undertake or assist in in-idertalcing essential conimuri ty development and housing assistance activities; specifically urban renewal and publicly -assisted housing. County A[torney MC/dre/lplc 4/30/12 8/3/12 p:,us� s�ttclar]<e\coi;unttttily services\cdbg Longwood coopeiation agt 2012.dorx ulli y Development ?lock_ Grant Cooperation Agreement Jelllincle County / City of Longwood 'age 8 of 8 COMMUNITY SERVICES DEPARTMENT .� G0011UNITY ASS/STANCE DIVISION August 9, 20,12 Mr, Jon C. Williams City Manager City of Longwood 175 West Warren Avenue Longwood, Florida 32750 Re: CDBG Cooperation Agreement; Requested Amendments Dear Mr. Williams: SE,�9INOL E C^�(/NTl FLOWDA'S NATURAL CHOICH Your City Commission was recently requested to approve an interlocal CDBG Cooperation Agreement with Seminole County io continue participation in the Urban County Entitlement Program. This participation allows your city to access CDBG funding for activities assisting low and moderate income persons and households. Upon submitting the Cooperation Agreements to the U.S. Department of Housing and Urban Development (HUD) for review, their legal department requested that two amendments be made to the Agreement, namely: 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. (Cf. Section 7 (c) on page 4 of the attached Amendment.) o That Section 12 be stricken because it is duplicative (cf. page 6). We inquired to HUD as to whether they would require a new enabling Resolution, like the one your Commission approved when they approved the original Agreement, but they referred to our County Attorney's Office fora ruling. Our Attorney's Office decided that it would most likely be required; therefore, please prepare an enabling Resolution to accompany this Agreement to your Commission. We have been given no specific deadline by HUD, but we would ask that: you take this to your Commission as soon as you can. Please feel free to contact me if you need any additional information or clarification. If necessary, I can arrange to appear at your respective Commission meeting to answer any questions. Sincerely, Buddy Balagia Compliance Officer /jd Enclosure 534 W LAKE MARY BLVD SANFORD FL 32773 TELEPHONE (407) 665-2300 FAX (407) 665-2399 E 0 0E E 0 0E E e� 0E N s_ _ 0 0 T� 1� 0 0 0 0 c M E U In U (n U UJ J J 0 1.2 N M J 2 - (n ❑ (/7 C) 6E� � Eu � � U CiI E - o L [� .- OLD OLtn �x o OLcp O E E O O O -- -_ __ _ - O-�-LL O=L E E E u — In h O M O H to co co ❑ 0 ❑ O Q M �i 3 C J N LL w a N M N M co CJ c0 M .0O N 0 0 0 0 0 0 0 O N 0 0 0 0 0 0 0 O O LL� C N r O M M m❑ M M M OJ O c- H L7 VI O M H H C9 H H fA M O H H C9 H H H E: --I �1 O O N U C.1 r N (� 1� V' M N M T U M N O N iJ Cd > o. a HHHHH co a t� a {� U ti o O < f O E HHH E E 0 0 0 0 0 0 0 "d O c c`L a`- O o 0 cri7ra�Lrivui 0 0 0 0 0 0 N 0r N MG d) 0_m O O C N M. 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