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93-R-08 .... ....., RESOLUTION NO. 93-R-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING A COOPERATION AGREEMENT WITH THE COUNTY OF VOLUSIA TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL ACTIVITIES PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the desire of the City of Edgewater, Florida, that the County of Volusia obtain Community Development Block Grant and HOME funds to carry out community development and housing assistance activities; and WHEREAS, the Housing and Community Development Act of 1974 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, the County will undertake essential community development activities in coordination with participating local governments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater: Section 1. That the City of Edgewater does hereby agree to cooperate with the County of Volusia to undertake or assist in the undertaking of essential activities pursuant to the Community Development Block Grant and HOME Programs. Section 2. The attached Cooperation Agreement is hereby approved and the Mayor is hereby authorized to execute the Cooperation Agreement with the County of Volusia on behalf of the City. Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 4. This resolution shall take effect upon its adoption. After Motion by Councilwoman Martin and Second by Councilman Hays, the vote on this resolution was as follows: 93-R-08 1 Mayor Jack H. Hayman, Sr. AYE Councilman Kirk Jones AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE PASSED AND DULY ADOPTED this 17th day of May, 1993. ATTEST;,, CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA 4 H Y: usan J deworth aok H. y /an, Sr. Citg•Clerk> ayor APPROVED FOR FORM & CORRECTNESS: l= O C� R i to A. Storey City Attorney 93-R-08 2 ,-; s '-" ...." COOPERATION AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT THIS AGREEMENT, entered into this day of between the City or Town of EDGEWl\.TER and County of Volusia, Florida (herein called the "County"), , 19_, by aJJd (herein called the "City") WITNESSETH: WHEREAs, the Housing. and Community Development Act of 1974 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, the County receives Community Development Block Grant Entitlement Program and HOME Investment Partnership funds, as a member of the Volusia/Seminole HOME Consortium; and WHEREAS, the cooperation of the City or Town and the County is essential for the successful planning and carrying out of local Community Development and HOME programs; and NOW THEREFORE, the parties hereto do mutually agree as follows: 1. The City hereby authorizes the County to include its population in the County's Community Development Block Grant and HOME application to the U.S. Department of Housing and Urban Development for Federal Fiscal Years 1994, 1995 and 1996 appropr iations. 2. This agreement shall remain in effect until Community Development Block Grant and HOME funds and income received with respect to the three (3) year qualification are expended and the funded activities are completed. The County and City may not terminate or withdraw from this agreement while the agreement remains in effect. !I 3. Pursuant to the use of the Community Development Block Grant and HOME funds, if any, to be received by the County, the County may carry out HOME and Community Development programs in accordance with the approved CHAS, and/or meet other requirements of the Community Development Block Grant and HOME Programs in addition to other applicable laws. 4. The City agrees to allow the County to perform those certain community development and housing assistance activities authorized by and specified in the Housing and Community Development Act of 1974 and HOME Investment Partnership Act as Federal funds are available to the County for that pUrpose within the territorial boundaries and limits of the City and agrees to cooperate with the County to the extent necessary under said Act to enable the County to perform those acqvities. Further, the City understands that it: .:' ....(,f"... . r .... ......, 8. may not apply for grants under the Small Cities or State CDBG Program for appropriations for fiscal years during the period in which it is participating in the Urban County's CDBG Program; and b. may not participate in a HOME Consortium except through the Urban County, regardless of whether the Urban County receives a HOME formula allocation" 5. The ~ity will cooperate with the County to the fullest extent practical in the planning and carrying out of Corranunity Development programs, and the County will ensure that the City's citizens and its local Chief Executive have direct ane frequent access to and influence on the process by which decisions are made concerning Conununity Development programs which either directly or indirectlr affect the City. The city agrees that the County shall have final responsibility for selecting activities and annually filing Final Statements with HUD. 6. The County shall, through the use of Community Development funds, provide the staff resources and other services necessary to planning and administerin; Community Development programs on behalf of the City. 7. The County is authorized to withhold a reasonable and customary portion of Community Development Block Grant funds for the purpose of planning and administration of Community Development programs. 8. Pursuant to 24 CFR 570.501(b) the City and agencies thereof are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503, if funds are to be disbursed to the City for its use in carrying out activities authorized by and specified in the Housing and Community Development Act of 1974. 9. The parties do hereby mutually assure compliance with the Urban County's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, inclUding Title VI of the Civil Rights Act of 1964, The Fair Housing Act, section 109 of Title I of the Housing ane Community Development Act of 1974, and other applicable laws. 10. The City and the County agree that the affirmative furtherance of fair housing within their respective jurisdictions and the County's compliance with its fair housing certification, are absolute prerequisites to Urban County COBG funding for activities in or in support of the City. Failure by the City to affirmatively further fair housing, or action by the City to impede the County's actions to comply with its fair housing certification require that such CDBG funding in or in support of the City be suspended until the impediments to the achievement of these objectives are removed. 11. Neither City nor County may terminate this Agreement prior to the end of the three-year funding period (Federal Fiscal Years 1994, 1995, and 1996) for which y......."...... '. '... tt . the County is se~ng qualification as an Urban C~nty, and shall extend over such period of time as may be necessary to cover all activities from project implementation to the final "close-out" audit. 12. The City has adopted and is enforcing a Policy: A. prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights .demonstrations; and B. 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 jurisdictions. 13. The City shall not obstruct the implementation of the Comprehensive Housing Affordability strategy during the period Covered by this agreement. The County shall have final responsibility for selecting Community Development Block Grant and HOME activities, and annually filing the Final statement with HUD. 14. The County and City or Town agree to Cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly-assisted housing. 15. This Agreement is authorized by the County Council and the City or Town of EDGEWATER and each body authorizes its Chief Executive Officer to execute it. This agreement constitutes the complete and entire agreement between the parties which supersedes all proposals, oral or written, and all other communication between the parties related to the subject matter of this agreement. .,.:.... .. ;..V..." . I .....- ...", IN WITNESS WHEREOF, the City and the County have executed this Agreement as of the date first written above. ATTEST: COUNTY MANAGER The terms and provisions of this Agreement are fully authorized under state and local law and provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. County Attorney ATTEST: :xL a 'i.-r- _ ~'v'Q~~... -. h~~- Susan J. ,Wadsworth City Clerk ......--- ~ 11 1 VOLUSIA COUNTY COUNCIL CHAIRPERSON CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA " APPROVED FOR FORM Ie CORRECTNESS I ~ ..