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Home My WebLink AboutItem 05 Approval of the Third Amendment to the Restated Interlocal Cooperation Agreement City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: July 21, 2026 Item #: 5 Contact Name: Brett McFarlane Department Director: Nick Lepp Contact Number: Ext. 7145 City Manager: Craig Shadrix Subject: Approval of the Third 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 (Community Development Administrator McFarlane) Background Summary: On July 9, 2026, Orange County contacted the City regarding executing an amendment to the County and City's existing Urban County Interlocal Agreement with Orange County. This amendment incorporates updated language required by applicable laws and by the U.S. Department of Housing and Urban Development (HUD). Due to time constraints set by HUD, the County has requested that the City approve this Third Amendment by July 31, 2026, in order to meet HUD's deadlines. The proposed amendment modifies two (2) sections in the agreement: Section 4 (Mutual Cooperation) and Section 9(a) (Applicable Laws/Compliance) The execution of this amendment will allow the City to continue to apply to Orange County's Community Development Block Grant (CDBG) program, HOME Investment Partnership program, and Emergency Solutions Grant program. The City recently applied for and was awarded a grant through Orange County's CDBG program for the Roper and Capitol Drainage Improvement Infrastructure Project. Issue: Should the Honorable Mayor and City Commission approve the Third 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? Recommendations: Staff recommends that the Honorable Mayor and City Commission approve the Third 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. Attachments: 1. (3rd Amendment) Ocoee - HUD Interlocal Agreement City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Financial Impacts: N/A Type of Item: Consent Page 1 of 5 THIRD 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 THIRD AMENDMENT (“Third 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 (“HUD”) 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 Page 2 of 5 WHEREAS, HUD requested another amendment be made to the Restated Agreement (the “Second Amendment”) to update Section 9(a) of the Restated Agreement related to compliance with applicable laws and regulations, with the Second Amendment executed by the COUNTY and the MUNICIPALITY in 2020, and WHEREAS, upon review of the Community Planning and Development Notice (CPD-26-08) published by HUD on May 15, 2026 (the “Notice”), it was determined that additional updates to the Restated Agreement are necessary to ensure compliance with requirements of the Notice; and 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 Second Amendment is therefore incorporated by reference. SECTION 3. EFFECTIVE DATE. The effective date of this Third Amendment is the date of execution by the COUNTY. SECTION 4. AMENDMENT TO SECTION 4 (MUTUAL COOPERATION). The text of the Restated Agreement, Section 4, is to be deleted and replaced with the following: “The COUNTY and the MUNICIPALITY agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities, as approved and authorized between the parties in the CDBG Agreements, including the Consolidated Plan.” SECTION 5. AMENDMENT TO SECTION 9 (APPLICABLE LAWS/COMPLIANCE). The text of Restated Agreement, Section 9(a), as amended by the Second 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, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR Part 1; and the Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will comply with the obligation to 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 and the implementing regulations at 24 CFR Part 6, which incorporates: Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR Part 8; Title II of the Page 3 of 5 Americans with Disabilities Act of 1974, and the implementing regulations at 28 CFR Part 35; the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR Part 146; Section 3 of the Housing and Urban Development Act of 1968; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 49 CFR Part 24; Section 104(d) of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 42, and all other applicable laws.” SECTION 6. 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 Third Amendment and the provisions of the Restated Agreement or the First Amendment or Second Amendment, the provisions of this Third Amendment shall control. SECTION 7. SIGNATURE AUTHORITY. Each of the persons executing this Third Amendment represents and warrants to each party that he or she has the authority to execute and enter into this Third Amendment for and on behalf of the party for which he or she is executing this Third Amendment. SECTION 8. COUNTERPARTS. This Third Amendment may be executed in counterparts each of which shall be deemed an original. [SIGNATURES ON FOLLOWING PAGES] Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Third 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 5 of 5 CITY OF OCOEE, FLORIDA By: Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ____ day of _________________, 20____. FISHBACK DOMINICK By: __________________________ Richard Geller, City Attorney APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON ______________, 2026, UNDER AGENA ITEM NO. ____