HomeMy WebLinkAboutItem 09 Approval of the Second Amendment to the Restated Interlocal Cooperation Agreement with Orange County for the Urban County Community Development Block Grant Process OCOPP
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AGENDA ITEM COVER SHEET
Meeting Date: July 21, 2020
Item #
Reviewed By:
Contact Name: Jack A. Butler, Director Department Director:
Contact Number: 407-554-7063 City Manager:
•
Subject: Approval of proposed Second Amendment to the Interlocal Agreement with Orange
County for participation in the Urban County Community Development Block Grant process.
Background Summary:
The City of Ocoee has jointly participate in the federal Community Development Block Grant (CDBG)
program funded through the U.S. Department of Housing and Urban Development (HUD) since 1993.
The particular process through which the City receives CDBG funds is through an Urban County
program operated by Orange County, which receives a specific level of CDBG funding as an urban
county. The City competes for CDBG funding as an applicant to the County, rather than at a
statewide level as an applicant to the State of Florida for small city funds. This approach has resulted
in the City receiving several million dollars in CDBG funds for various neighborhood capital
improvement projects, most recently those related to the Pioneer Key I and II mobile home
subdivisions. However, as the City improves its economic base, the portion of the city that meets low-
income eligibility requirements shrinks. No project has received funding for the last several years, and
no eligible project has been identified in the last three years. In addition, the 2020 Census may result
in changes to the City's status relative to participation in the CDBG program.
The terms of the City's participation in the Urban County program are governed by a continuing
Interlocal Agreement executed by the City and County. The most recent version was executed on
August 22, 2017. As part of the process for renewing the County's participation in the Urban County
CDBG program, the City supplied the requested notice to HUD and Orange County on April 20, 2020,
that it would not withdraw from the continuing Interlocal Agreement. This meant the City intended to
participate in the FY 2021-23 CDBG Urban County program period as a cooperating partner with
Orange County.
From time to time, the terms of the Interlocal Agreement must be modified to comply with evolving
HUD requirements. The parties executed the First Amendment on January 9, 2018, to modify a
paragraph addressing our joint compliance with certain statutory elements of the CDBG program. A
Second Amendment is now required by HUD in order to allow the current Interlocal Agreement to
conform to new requirements for specific language in that same paragraph.
Issue:
Should the City execute the Second Amendment to the continuing Interlocal Agreement for the
County-operated CDBG program?
Recommendation:
Staff recommends that the proposed Second Amendment be endorsed by having the City
Commission authorize the Mayor to sign the Amendment and take any other actions necessary to
complete the process, including endorsing any subsequent minor wording changes that may be
required by HUD or Orange County.
Attachments:
1. Original 2017 Interlocal Agreement
2. Adopted First Amendment
3. Proposed language of the Second Amendment
Financial Impact:
There is no direct financial impact from executing this Amendment. The designation of the City as a
metropolitan urban area, which would be the result of a census population count of more than
50,000 persons, will change the City's status within the CDBG program and could result in direct
CDBG fund allocations to the City. Under the terms of the current Interlocal Agreement, any such
direct allocation of CDBG funds would be added to those of Orange County for the remainder of the
current 3-year CDBG program period ending September 30, 2023. It is reasonable to expect that
the operational implementation of the existing Interlocal Agreement would be modified should such
designation and fund allocation occur.
Type of Item: (please mark with an x
Public Hearing For Clerk's Dept Use:
Ordinance First Reading x Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion&Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney gyp � �,,, �,p N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
APPROVED BY ORANGE
COUNTY BOARD OF COUNTY
COMMISSIONERS
BCC Mtg. Date:August 22,2017
RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN
ORANGE COUNTY, FLORIDA AND CITY OF OCOEE, FLORIDA
FOR COMMUNITY DEVELOPMENT PROGRAMS
UNDER THE URBAN COUNTY PROGRAM
THIS AGREEMENT is entered into by Orange County, Florida, a charter county and
political subdivision of the State of Florida ("the County") and the City of Ocoee, Florida, a
municipal corporation created and existing under the laws of the State of Florida ("the
Municipality").
RECITALS
•
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 local government to undertake or assist in undertaking essential activities
pursuant to Community Development Block Grants; and
WHEREAS, this Agreement covers the Community Development Block Grant,
HOME Investment Partnership Program, and Emergency Solutions Grant programs; and
WHEREAS, in 1993 the COUNTY and the MUNICIPALITY entered into an
interlocal agreement to authorize the COUNTY to undertake activities to plan and carry out
the Community Development Block Grant.("CDBG"), HOME Investment Partnership
("HOME"), and Emergency Solutions Grant Programs ('ESG'), for the benefit of residents
of Orange County, Florida; and
WHEREAS, the COUNTY and the MUNICIPALITY desire to continue the
relationship established in that 1993 interlocal agreement and has done so, and continues
to do so, by restating and amending that agreement; and
WHEREAS, there amendments herein are made pursuant to the Department of
Housing,and Urban Development's mandate that the agreement between the COUNTY
and the MUNICIPALITY meets the requirements set forth in the Urban County
Qualification Notice for the subsequent qualification period; and
WHEREAS, the COUNTY and the MUNICIPALITY seek requalification for the
subsequent, 2018-2020 Urban County Qualification period, and for any successive
• qualification periods that provide for automatic renewals; and
WHEREAS, interlocal agreements of this type are fully authorized by Part 1,
Chapter 163, Florida Statutes,as well as other applicable local law.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
Page 1 of 8
SECTION 1. RECITALS
The above recitals are true and correct and form a material part of this Agreement
upon which the parties have relied.
SECTION 2. MUNICIPALITY'S AUTHORIZATION
(a) The MUNICIPALITY's City Commission authorizes this agreement and
hereby directs its Mayor to execute it. The MUNICIPALITY agrees to provide the COUNTY
with evidence of authorization for execution by the Mayor.
(b) The MUNICIPALITY hereby authorizes the COUNTY to make application for
and receive CDBG funds from the United States Department of Housing and Urban
Development, hereinafter "HUD", on its behalf and, further, authorizes the COUNTY to
include the municipality's population for the purposes of calculating and allocating CDBG
funding.
SECTION 3. COUNTY ADMINISTRATION
(a) The COUNTY's Board of County Commissioners authorizes this agreement
and hereby directs its Mayor to execute it.
(b) The COUNTY agrees to provide, at no cost to the MUNICIPALITY, the staff,
resources, and other services necessary to plan and administer the CDBG, HOME, and
ESG Grants.
SECTION 4. MUTUAL COOPERATION
The COUNTY and the MUNICIPALITY 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 municipal officials
and the citizens of the MUNICIPALITY to have the full and open opportunity to submit
projects for funding consideration.
(b) The MUNICIPALITY understands and agrees that the COUNTY will have
final and ultimate responsibility for selecting activities to be funded through the CDBG,
HOME, and ESG programs, and for annual reporting required by HUD.
SECTION 6. MUNICIPALITY OBLIGATIONS
(a) The MUNICIPALITY and the COUNTY agree that pursuant to that provisions
of Title 24, Code of Federal Regulations, including, but not limited to, Section 570.501(b),
the MUNICIPALITY is subject to the same requirements applicable to subrecipients,
Page 2 of 8
including, but not limited to, the requirement for a written agreement set forth in Title 24,
Code of Federal Regulations, Section 570.503.
(b) The MUNICIPALITY may not apply for grants under the Small Cities or State
CDBG Programs from appropriations for fiscal years during the period in which it is
participating in the Urban County Program.
(c) The MUNICIPALITY may receive a formula allocation under the HOME
Program only through the Urban County, but neither is precluded from applying to the
State for HOME funds, if the State allows.
(d) The MUNICIPALITY may receive a formula allocation under the ESG
Program only through the Urban County Program, but neither is precluded from applying to
the State for ESG funds, if the State allows.
(e) The MUNICIPALITY may not participate in a HOME consortium except
through the Urban County Program, regardless of whether the Urban County receives a
HOME formula allocation.
(f) The MUNICIPALITY may not sell, trade, or otherwise transfer, all or any
portion of such funds to a metropolitan city, urban county, unit of local government, Indian
tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any
other funds, credits, or non-federal considerations, but must use such funds for activities
eligible under Title I of the Housing and Community Development Act of 1974, as
amended.
SECTION 7. GRANT OF AUTHORITY
(a) This Agreement covers CDBG, HOME and ESG appropriations for fiscal
years 2018, 2019, and 2020, beginning October 1, 2018. This Agreement will automatically
be renewed for participation in successive three-year qualification periods. This Agreement
remains in effect, and neither the COUNTY nor the CITY can terminate or withdraw from it
until funds and program income received with respect to activities carried out during the
three-year qualification period, and any successive qualification periods, are expended and
the funded activities are completed; unless the MUNICIPALITY or COUNTY provides
written notice that it elects not to participate in the new qualification period. A copy of the
written notice will be sent to the HUD Jacksonville Field Office by the date specified in the
Urban County Qualification Schedule.
(b) The COUNTY agrees that it will notify the MUNICIPALITY, in writing, of its
right not to participate — pursuant to Section 7(a) above — by the date specified in HUD's
Urban County Qualification Notice for the next qualification period.
Page 3 of 8
(c) 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 such 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, and ESG funds received by the
COUNTY, the COUNTY may either carry out the CDBG, HOME, and ESG Programs for
the MUNICIPALITY or, in the event that the parties jointly determine that it is feasible for
the MUNICIPALITY to perform any services in connection with the CDBG, HOME, and
ESG Programs, the COUNTY may contract with the MUNICIPALITY for the performance
of such services.
(b) Any contracts entered into pursuant to Section 8(a) above shall contain
provisions which obligate the MUNICIPALITY to undertake all necessary actions to carry
out the CDBG, HOME, and ESG Program and Consolidated Plan, 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 MUNICIPALITY agrees to undertake and accomplish all necessary
actions, as determined by the County, in order to carry out the Community Development
Block Grant Program, the HOME Program, the Emergency Solutions Grant, and the
Consolidated Plan.
SECTION 9. APPLICABLE LAWS/COMPLIANCE
(a) The MUNICIPALITY and the COUNTY agree to take all actions necessary to
assure compliance 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 Acts of 1964, the Fair Housing Act, Section 109 of
Title I of the Housing and Community Development Act of 1974, which incorporates
Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and
with the Americans with Disabilities Act of 1990, and all other applicable laws, rules, and
regulations. The MUNICIPALITY agrees to comply with all auditing requirements imposed
by law, rule, regulation, or by the COUNTY.
(b) The MUNICIPALITY acknowledges and understands that noncompliance by
the MUNICIPALITY with all applicable provisions of laws, rules, or regulations may
constitute noncompliance by the entire urban county program, and the COUNTY, as the
grantee, and the MUNICIPALITY, assume responsibility therefor.
Page 4 of 8
SECTION 10. FAIR HOUSING
The MUNICIPALITY acknowledges that the COUNTY will prohibit urban county
funding for activities in, or in support of, the MUNICIPALITY if the MUNICIPALITY does not
affirmatively further fair housing within the MUNICIPALITY'S jurisdiction and/or if the
MUNICIPALITY impedes the COUNTY'S actions to comply with its fair housing
certification.
SECTION 11. LAW ENFORCEMENT
The MUNICIPALITY 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 MUNICIPALITY 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 MUNICIPALITY
agrees to indemnify and hold the COUNTY harmless to the fullest extent provided by law.
SECTION 12. STATUS OF MUNICIPALITY
Pursuant to 24 CFR 570.501(b), as well as all other applicable law, the
MUNICIPALITY agrees that it is, at a minimum, subject to the same requirements
applicable to grantee subrecipients, including the requirement of a written agreement as
described in 24 CFR 570.503.
SECTION 13. PROGRAM INCOME
The MUNICIPALITY and the COUNTY agree to the following provisions:
(a) The MUNICIPALITY shall inform the COUNTY of any income generated by
expenditure of CDBG, HOME, or ESG funds.
(b) The MUNICIPALITY may retain program income subject to requirements set
forth in the Agreement.
(c) Any program income retained by the MUNICIPALITY shall be used for
eligible activities in accordance with applicable CDBG, HOME or ESG requirements.
(d) The COUNTY shall have the responsibility to monitor and report to HUD on
the use of any such program income thereby requiring appropriate record keeping and
reporting by the MUNICIPALITY as may be needed for this purpose.
Page 5 of 8
(e) In the event of the COUNTY'S failure to qualify as an urban county, or a
change in status of the MUNICIPALITY, any program income shall be paid to the
COUNTY.
SECTION 14. REAL PROPERTY
The MUNICIPALITY and the COUNTY agree with the following standards regarding
real property acquired or improved in whole or in part using the CDBG, HOME, or ESG
funds:
(a) The MUNICIPALITY shall notify the COUNTY, in a timely manner, of any
modification or change in the use of real property from that intended at the time of
acquisition or improvement including disposition thereof.
(b) The MUNICIPALITY shall reimburse the COUNTY in an amount equal to the
current fair market value (less any portion thereof attributable to expenditure of non-
Community Development Block Grant funds) of property acquired or improved with
Community Development funds that is disposed of or transferred for use incongruent with
CDBG, HOME, or ESG regulations.
(c) In the event of the COUNTY'S failure to qualify as an urban county, or a
change in status of the MUNICIPALITY, any program income generated from the
disposition or transfer of property shall be paid to the COUNTY.
SECTION 15. EFFECTIVE DATE
This Agreement shall take effect upon the execution of the Agreement by the
parties.
SECTION 16. COUNTERPARTS
This Agreement may be executed in counterparts each of which shall be deemed
an original.
[ THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK. ]
Page 6 of 8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officials.
ORANGE COUNTY, FLORIDA
By: Orange County Board of County Commissioners
By: 1.9 de 42ACa/G..,...•
Te Jacobs
Orange County Mayor
ATTEST: Phil Diamond, CPA, County Comptroller 0717017
As Clerk of the Board of County Commissioners ' . .!e
By: /j'itLtDputy ¢flerk '
•
Date: AUG 2 2 Z017 ► 7 4. ,Al -
,F
Page 7 of 8
CITY OF OCOEE, FLORIDA
By: City of Ocoee City Commission
Ithoi
By:
Rusty Jo o , Mayor
A ST:
By:
Melanie Sibbitt, City Clerk
Date: ci w l I $', 0)O 17
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE
APPROVED AS TO FORM AND LEGALITY
this leday of ;e./ , 2017 ,
Shuttield, Lowman & Wilson. P.A.
By:
City ) ney
Page 8 of 8
APPROVED BY ORANGE
COUNTY BOARD OF COUNTY
COMMISSIONERS
BCC Mtg.Date:January 9,2018
FIRST AMENDMENT TO THE RESTATED INTERLOCAL COOPERATION
AGREEMENT BETWEEN
ORANGE COUNTY; FLORIDA AND CITY OF OCOEE, FLORIDA
FOR COMMUNITY DEVELOPMENT PROGRAMS
UNDER THE URBAN COUNTY PROGRAM
THIS FIRST AMENDMENT ("First Amendment") is entered Into by Orange
County, Florida, a charter county and political subdivision of the State of Florida (the
`COUNTY")and the City of Ocoee, Florida, a municipal corporation created and existing
under the laws of the State of Florida (the"MUNICIPALITY").
RECITALS
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 local government to undertake or assist in undertaking
essential activities pursuant to Community Development Block Grants; and
WHEREAS, on August 22, 2017, the COUNTY executed the "Restated Interlocal
Cooperation Agreement between Orange County, Florida and City of Ocoee, Florida for
Community Development Programs under the Urban County Program" (the "Restated
Agreement"); and
WHEREAS, the Restated Agreement covered the Community Development
Block Grant, HOME Investment Partnership Program, and Emergency Solutions Grant
programs; and
WHEREAS, in 1993 the COUNTY and the MUNICIPALITY entered into an
interlocal agreement to authorize the COUNTY to undertake activities to plan and carry
out the Community Development Block Grant("CDBG"), HOME Investment Partnership
("HOME"), and Emergency Solutions Grant Programs ("ESG"), for the benefit of
residents of Orange County, Florida; and
WHEREAS, the COUNTY and the MUNICIPALITY desired — and still maintain
that desire —to continue the relationship established in that 1993 interlocal agreement
and has done so, and continues to do so, by restating and amending that agreement;
and
WHEREAS, the Restated Agreement was made pursuant to the Department of
Housing and Urban Development's mandate that the agreement between the COUNTY
and the MUNICIPALITY meets the requirements set forth in the Urban County
Qualification Notice for the subsequent qualification period; and
WHEREAS, upon its review, the Department of Housing and Urban Development
requested a minor amendment be made to the Restated Agreement.
NOW, THEREFORE, for and in consideration of the mutual premises and
covenants contained herein, and for other good and valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and form a material
part of this First Amendment upon which the parties have relied.
SECTION 2. INCORPORATION. The Restated Agreement forms a material part of this
First Amendment and is therefore incorporated by reference.
Section 3. EFFECTIVE DATE. The effective date of this First Amendment is the date
of execution by the COUNTY.
Section 4. AMENDMENT. The text of Restated Agreement, Section 9(a) is to be
deleted and replaced with the following:
The MUNICIPALITY and the COUNTY agree to take all actions necessary
to assure compliance 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 Acts of
1964, the Fair Housing Act and affirmatively furthering fair housing,
Section 109 of Title I of the Housing and Community Development Act of
1974, which incorporates Section 504 of the Rehabilitation Act of 1973
and the Age Discrimination Act of 1975, and with the Americans with
Disabilities Act of 1990, and all other applicable laws, rules, and
regulations. The MUNICIPALITY agrees to comply with all auditing
requirements imposed by law, rule, regulation, or by the COUNTY.
SECTION 5. EFFECT; CONFLICTS. Except as modified herein, all other terms and
provisions of the Restated Agreement are hereby ratified and confirmed and shalt
remain in full force and effect. In the event of any conflict between the provisions of this
First Amendment and the provisions of the Restated Agreement, the provisions of this
First Amendment shall control.
SECTION 6. SIGNATURE AUTHORITY. Each of the persons executing this First
Amendment represents and warrants to each party that he or she has the authority to
execute and enter into this First Amendment for and on behalf of the party for which he
or she is executing this First Amendment.
SECTION 7. COUNTERPARTS. This First Amendment may be executed in
counterparts each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed by their duly authorized officials.
ORANGE COUNTY, FLORIDA
By: Orange County Board of County Commissioners
By: .7 ,o4-AA•,••,.G... •
Teresa Jacobs
.../
Orange County Mayor
ATTEST: Phil Diamond, CPA, County Comptroller cm..•
As Clerk of the Board of County Commissioners �N, IT / f-t`
By: tatit,u4.--
putyl
rk 4ii;':I''1111.4;,4` ._)`‘
Date: JAN 0 9 2018 , 4,..
CITY OF OCOEE, FLORIDA
By: ' of Ocoee City Commission
By:
Rusty Jo s ayor
ATTEST:
By:
AA./t Av6.ed--
Melanie Sibbitt, City Clerk
Date: 102-5- l
.�R USE AND RELIANCE ONLY
BY THE CITY OF OCOEE
APPROVED� AS TO FORM AND LEGALITY
this 54 day of 1)117(, , 20L.
Shuffield, Lowman & Wilson, PA
Sy:
SECOND AMENDMENT TO THE RESTATED INTERLOCAL COOPERATION
AGREEMENT BETWEEN
ORANGE COUNTY, FLORIDA AND CITY OF OCOEE, FLORIDA
FOR COMMUNITY DEVELOPMENT PROGRAMS
UNDER THE URBAN COUNTY PROGRAM
THIS SECOND AMENDMENT ("Second Amendment") is entered into by
Orange County, Florida, a charter county and political subdivision of the State of Florida
(the "COUNTY") and the City of Ocoee, Florida, a municipal corporation created and
existing under the laws of the State of Florida (the "MUNICIPALITY").
RECITALS
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 local government to undertake or assist in undertaking essential activities
pursuant to Community Development Block Grants; and
WHEREAS, on August 22, 2017, the COUNTY executed the "Restated Interlocal
Cooperation Agreement between Orange County, Florida and City of Ocoee, Florida for
Community Development Programs under the Urban County Program" (the "Restated
Agreement"); and
WHEREAS, the Restated Agreement covered the Community Development Block
Grant, HOME Investment Partnership Program, and Emergency Solutions Grant
programs; and
WHEREAS, in 1993 the COUNTY and the MUNICIPALITY entered into an
interlocal agreement to authorize the COUNTY to undertake activities to plan and carry
out the Community Development Block Grant ("CDBG"), HOME Investment Partnership
("HOME"), and Emergency Solutions Grant Programs ("ESG"), for the benefit of
residents of Orange County, Florida; and
WHEREAS, the COUNTY and the MUNICIPALITY desired—and still maintain that
desire — to continue the relationship established in that 1993 interlocal agreement and
has done so, and continues to do so, by restating and amending that agreement; and
WHEREAS, the Restated Agreement was made pursuant to the Department of
Housing and Urban Development's mandate that the agreement between the COUNTY
and the MUNICIPALITY meets the requirements set forth in the Urban County
Qualification Notice for the subsequent qualification period; and
WHEREAS, upon its review, the Department of Housing and Urban Development
requested a minor amendment be made to the Restated Agreement (the "First
Amendment") which was executed by the COUNTY and the MUNICIPALITY in 2018,
and now requests that this Second Amendment be made to the Restated Agreement in
2020.
Page 1 of 4
NOW, THEREFORE, for and in consideration of the mutual premises and
covenants contained herein, and for other good and valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and form a material
part of this First Amendment upon which the parties have relied.
SECTION 2. INCORPORATION. The Restated Agreement forms a material part of this
First Amendment and is therefore incorporated by reference.
Section 3. EFFECTIVE DATE. The effective date of this Second Amendment is the date
of execution by the COUNTY.
Section 4. AMENDMENT. The text of Restated Agreement, Section 9(a), as amended
by the First Amendment, is to be deleted and replaced with the following:
"The MUNICIPALITY and the COUNTY agree to take all actions necessary
to assure compliance with the urban county's certification under section
104(b) of Title I of the Housing and Community Development Act of 1974,
that the grant will be conducted and administered in conformity with Title VI
of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively
further fair housing. The MUNICIPALITY and the COUNTY also agree to
comply with section 109 of Title I of the Housing and Community
Development Act of 1974, which incorporates Section 504 of the
Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act,
the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban
Development Act of 1968, and all other applicable laws."
SECTION 5. EFFECT; CONFLICTS. Except as modified herein, all other terms and
provisions of the Restated Agreement are hereby ratified and confirmed and shall remain
in full force and effect. In the event of any conflict between the provisions of this Second
Amendment and the provisions of the Restated Agreement or the First Amendment, the
provisions of this Second Amendment shall control.
SECTION 6. SIGNATURE AUTHORITY. Each of the persons executing this Second
Amendment represents and warrants to each party that he or she has the authority to
execute and enter into this Second Amendment for and on behalf of the party for which
he or she is executing this Second Amendment.
SECTION 7. COUNTERPARTS. This Second Amendment may be executed in
counterparts each of which shall be deemed an original.
Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed by their duly authorized officials.
ORANGE COUNTY, FLORIDA
By: Orange County Board of County Commissioners
By:
Jerry L. Demings
Orange County Mayor
ATTEST: Phil Diamond, CPA, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
Date:
Page 3 of 4
CITY OF OCOEE, FLORIDA
By: City of Ocoee City Commission
By:
Rusty Johnson, Mayor
ATTEST:
By:
Melanie Sibbitt, City Clerk
Date:
Page 4 of 4