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Home My WebLink AboutItem # 07 Approval to Execute an Amendment to the Existing Interlocal Agreement with Orange County for Cooperation Regarding Federal Community Development Programs under the HUD Urban County CDBG Program l OCOe(> florldo AGENDA ITEM COVER SHEET Meeting Date: December 5, 2017 Item # Reviewed By: Contact Name: Al Butler, Director Department Director: ;/f j, Contact Number: 407-554-7063 City Manager: / / Subject: Approval to execute an amendment to the existing inter-local agreement with Orange County for cooperation regarding federal community development programs under the HUD Urban County CDBG Program. Background Summary: The city has jointly operated a Community Development Block Grant (CDBG) program with Orange County that has brought millions of dollars in funding for rebuilding public infrastructure in economically disadvantaged areas of the city, such as the Pioneer Key subdivisions. The U.S. Department of Housing and Urban Development asked the city to execute a revised agreement with Orange County in order to make it compliant with federal legal changes occurring since the last agreement was signed in 2014. This was done in August following City Commission acceptance of the agreement. Subsequent to that action, the U.S. Department of Housing and Urban Development (HUD) asked Orange County to make a minor modification to the previously approved language. The intent is to reinforce the city's support for fair housing policies. That modification has been provided to the City of Ocoee in the form of an amendment to the previous agreement. Since the city does not have a housing support program or housing authority, the amendment has no net affect. Issue: Should the City Commission endorse the proposed inter-local agreement's amendment? Recommendation: Staff supports the proposed amendment and recommends the City Commission authorize the Mayor to sign the agreement and for staff to take any administrative and procedural actions needed to fully execute and implement the agreement. Attachments: • Proposed inter-local agreement amendment. Financial Impact: None. 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—3 originals are required Original Document/Contract Held by Department for Execution Reviewed by City Attorney Approved by Dana Crosby-Collier N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 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 shall 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: Teresa Jacobs Orange County Mayor ATTEST: Phil Diamond, CPA, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk Date: CITY OF OCOEE, FLORIDA By: City of Ocoee City Commission By: Rusty Johnson, Mayor ATTEST: By: Melanie Sibbitt, City Clerk Date: