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HomeMy WebLinkAboutItem VI (C) Resolution No 93-07, relating to Community Development Block Grant Interlocal Coorperation Agreement with Orange County in the amount of $25,000 AGENDA 7-6-93 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI C OCO J. ° tik Qgc °_ CITY OF OCOEE RUSTYJOHoN �� a. 150 N.LAKESHORE DRIVE PAUL W.FOSTER v 0 OCOEE,FLORIDA 34761 VERN COMBS (7O (� (407)656-2322 SAM WOODSON �y��IP OF 0�S.> QTY MANAGER GO ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: June 30, 1993 RE: RESOLUTION AND COMMUNITY DEVELOPMENT BLOCK GRANT INTERLOCAL COOPERATION AGREEMENT Attached hereto is a Resolution and an Interlocal Cooperation Agreement with Orange County for the purpose of receiving $25,000 for a Community Development Block Grant to develop a park to be called Pioneer Key Park to be located adjacent to Pioneer Key Park II. This writer respectfully requests that you pass the Resolution and sign the Agreement on this date so it can be a part of the Block Grant funds available this year. Respectfully Sub ed, ES:fdg ES.64 I RESOLUTION NO. 93-07 WHEREAS, the City of Ocoee, Florida desires to participate with Orange County, Florida in the Community Development Block Grant Program; and WHEREAS,the Housing and Community Development Act of 1974 made provisions whereby local government may enter into cooperation agreements with urban counties, in order to implement community renewal and lower income housing assistance activities, including urban renewal and publicly assisted housing. NOW, THEREFORE, BE IT RESOLVED that the Board of City Commissioners of the City of Ocoee hereby (1) declares its cooperation with Orange County for the implementation of Community Development Block Grant Programs for the fiscal years 1994, 1995 and 1996, and (2) approves the Orange County/City of Ocoee U.S. HUD Cooperation Agreement attached hereto as Exhibit "A" and by this reference made a part hereof and authorizes execution thereof by the Mayor and City Clerk. ADOPTED THIS day of July, 1993. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY, THIS DAY OF JULY, 1993 FOLEY 8z LARDNER BY: CITY ATTORNEY EXHIBIT "A" COMMUNITY DEVELOPMENT BLOCK GRANT INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into the day of 1993 by and between the CITY OF OCOEE, FLORIDA, a municipal corporation (hereinafter referred to as "MUNICIPALITY") , and ORANGE COUNTY, a political subdivision of the State of Florida (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 local government to undertake or assist in undertaking essential activities pursuant to Community Development Block Grants; and WHEREAS, this Agreement covers both the Community Development Block Grant Entitlement and the HOME Investment Partnership 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 and the HOME Investment Partnership Programs (hereinafter referred to as "HOME") for the benefit of residents of Orange County; and WHEREAS, interlocal agreements of this type are 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: 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 hereby authorizes the COUNTY to make application for and receive Community Development Block Grants 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 making Community Develoment Block Grants directly to the COUNTY. (b) The MUNICIPALITY 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. SECTION 3. COUNTY ADMINISTRATION The COUNTY agrees to provide, at no cost to the MUNICIPALITY, the staff, resources, and other services necessary to plan and administer Community Development Block Grant, hereinafter "CDBG", and HOME . 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; specifically urban renewal and publicly-assisted housing. 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 Program and for annually filing Final statements with HUD. SECTION 6. MUNICIPALITY OBLIGATIONS (a) The MUNICIPALITY 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 MUNICIPALITY 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 . (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 not participate in a HOME consortium except through the urban county, regardless of whether the urban county receives a HOME formula allocation. SECTION 7. GRANT OF AUTHORITY (a) This Agreement covers CDBG and HOME appropriations for fiscal years 1994, 1995 and 1996; starting October 1, 1993 thru September 30, 1996. This Agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period and successive qualification periods, are expended and the funded activities completed. The COUNTY and the MUNICIPALITY may not terminate or withdraw from the Agreement while the Agreement remains in effect. (b) This Agreement will automatically be renewed for participation in successive three-year qualification periods, unless the COUNTY or the MUNICIPALITY provides written notice it elects not to participate in a new qualification period. The COUNTY will notify the MUNICIPALITY in writing of its right to make such election by the date specified in the next urban county qualification notice. (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 the 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 and HOME funds received by the COUNTY, the COUNTY may either carry out the CDBG and HOME 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 and HOME 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 Program and Comprehensive Housing Affordability Strategy 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, and the Comprehensive Housing Affordability Strategy. SECTION 9. APPLICABLE LAWS/COMPLIANCE (a) The MUNICIPALITY 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 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, 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 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 therefore. 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 involved 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. 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 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 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. (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 Community Development Block Grant 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 Community Development Grant 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.