HomeMy Public PortalAboutResolution No. 23-164 Ratifying execution of interlocal agreement with Miami-Dade County for CDBG FundingSponsored by Interim City Manager
RESOLUTION NO. 23-164
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RATIFYING THE EXECUTION OF AN INTERLOCAL
AGREEMENT WITH MIAMI DADE COUNTY FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDING; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the Home Rule Charter authorizes Miami -Dade County ("County") to
provide for the uniform health and welfare of the residents throughout the County; and
WHEREAS, the Community Development Block Grant Program (CDBG) was
authorized by the Housing Community Development Act of 1974, as amended, with the
primary objective of promoting the development of viable urban communities; and
WHEREAS, the Miami Dade County Public Housing and Community Development
(PHCD) administers the Miami -Dade County entitlement's Community Development
Block Grant Program; and
WHEREAS, annually, the City enters into an Interlocal Agreement with Miami Dade
County which allows the City of Opa-Locka to remain eligible for Community
Development Block Grant (CDBG) funding; and
WHEREAS, the City has previously utilized the Community Development Block Grant
funding to complete various rehabilitation projects throughout the City; and
WHEREAS, this year, there was a delay in executing the agreement, which resulted in
the City missing the annual deadline. The City Administration sought an extension of the
deadline, which was Friday, September 29, 2023 and is now seeking ratification for the
Interlocal Agreement; and
WHEREAS, the City Commission finds it in the best interest of the City and its
residents to ratify the execution of the Interlocal Agreement, as described herein.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA- LOCKA, FLORIDA:
SECTION 1. The recitals to the preamble herein are incorporated by reference.
SECTION 2. The City Commission of the City of Opa-Locka, Florida, hereby ratifies the
execution of an Interlocal Agreement with Miami Dade County for Community
Development Block Grant (CDBG) funding, attached hereto as Exhibit "A".
SECTION 3. Sections of this Resolution may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by
the City Manager, following review by the City Attorney and without need of public
hearing, by filing a corrected copy of same with the City.
SECTION 4. This Resolution shall take effect upon the adoption and is subject to
the approval of the Governor or Governor's Designee
Resolution No. 23-164
PASSED and ADOPTED this 11th day of October,
John H. 'i or Jr., Mayor
ATTEST:
IL
Joa a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
/
Burna Norris -Weeks, P.A.
Moved by: Commissioner Williams
Seconded by: Vice Mayor Ervin
VOTE:
4-0
Commissioner Bass ABSENT
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
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DocuSign Envelope ID: BC62B3E3-6D1 F-4F23-984B-59437F532BBE
City of Opa-locka
Agenda Cover Memo
City
Manager:
g ��
Darvin Williams
CM Signature:
ooc•sia•a ey:
� U�(G s
Commission
Meeting
Date:
10.11.2023
Item Type:
(EnterX in box)
Resolution
g, ,te�t<y ..
Oi ainance
Other
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Fiscal
Impact:
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No
Ordinance Reading.
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1st Reading
2nd Reading
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Public Hearing:
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Yes
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X
X
Funding
Source:
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Ex:
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Required:
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RFP/RFQ/Bid#:
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Strategic
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Yes
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Strategic Plan Priority
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(list the specific objective/strategy this
item will address)
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Sponsor
Name
City Manager
Department:
City Manager
Short Title:
A resolution ratifying the execution of the lnterlocal Agreement with Miami Dade County for Community
Development Block Grant (CDBG) grant funding.
Staff Summary:
Annually, the City enters into an lnterlocal Agreement with Miami Dade County which allows the City of Opa-
locka to remain eligible for Community Development Block Grant (CDBG) funding. The City has previously
utilized the Community Development Block Grant funding to complete various rehabilitation projects
throughout the City. This year, there was a delay in executing the agreement, which resulted in the City missing
the annual deadline. The City Administration is now seeking ratification for the Interlocal Agreement executed
by the Interim City Manager, City Clerk and City Attorney.
Financial Impact - There is no financial impact from this executed agreement.
Proposed Action:
DocuSign Envelope ID: BC62B3E3-6D1F-4F23-984B-59437F532BBE
Staff recommend the City Commission of the City of Opa-locka adopt legislation ratifying the ratifying the
execution of the Interlocal Agreement with Miami Dade County for Community Development Block Grant
(CDBG) grant funding.
Attachment:
Urban Qualification Cooperation Agreement- Miami Dade County and City of Opa-locka
Resolution Number #_1058-11
Awarded Amount $
URBAN QUALIFICATION COOPERATION AGREEMENT FOR THE MIAMI-DADE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS
PROGRAM FUNDS FOR FISCAL YEARS 2024, 2025 AND 2026
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF OPA-LOCKA
This Agreement (hereinafter referred to as "Agreement" or "Contract"), by and between Miami -Dade
County, a political subdivision of the State of Florida through its Department of Public Housing and
Community Development hereinafter referred to as "PHCD" and having its principal offices at 701 N.W. 1st
Court, 14th Floor, Miami, Florida 33136, hereinafter referred to as "County", and the CITY OF OPA-LOCKA,
hereinafter referred to as "City" and having offices at 780 Fisherman Street, Opa Locka, Florida 33054 and
telephone number of (305) 688-4611, collectively referred to as the "Parties", states, conditions and
covenants for the participation of City in the Community Development Block Grant, Home Investment
Partnerships and Emergency Shelter Grant programs, which are administered by the Department of
Housing and Urban Development ("HUD"), as part of the County's jurisdiction.
WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and
welfare of the residents throughout the County; and
WHEREAS, the Community Development Block Grant ("CDBG") Program is authorized by the Housing and
Community Development Act of 1974, as amended, with the primary objective of promoting and
development of viable urban communities. Program regulations are at 24 CFR Part 570; and
WHEREAS, the Home Investment Partnerships program ("HOME") is authorized under Title II of the
Cranston -Gonzalez National Affordable Housing Act, as amended. Program regulations are at 24 CFR Part
92; and
WHEREAS, the Emergency Shelter Grant ("ESG") program is authorized by the McKinney-Vento Homeless
Assistance Act, as amended. Program regulations are at 24 CFR Part 576.
WHEREAS, the CDBG, HOME and ESG programs shall collectively be referred to as the "Federal Funds";
and
WHEREAS, the City desires to participate in the CDBG, HOME and ESG programs as a participating
municipality in the County's jurisdiction; and
WHEREAS, the County is desirous of the City participating in the CDBG, HOME and ESG programs as
part of the County's Entitlement jurisdiction; and
WHEREAS, it is mutually beneficial to each of the Parties hereto for the County to administer and execute
the provisions of this Agreement in accordance with the terms and conditions hereinafter provided and
subject to local ordinances and state and federal law; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has indicated that the County
and City may cooperate as an Urban County Joint Entitlement Recipient in administration of CDBG, HOME
and ESG; and
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WHEREAS, County and City are required to execute a cooperation agreement, or renew an existing
cooperation agreement, for the City's participation in the County's jurisdiction for Federal Funds for each
three-year qualification period ("Qualification Period"); and
WHEREAS, the governing bodies of the County and the City have authorized the execution of this
Agreement by the Chief Executive Officer of the County and City, respectively; and
WHEREAS, this Agreement shall be accompanied by a legal opihion from the County's counsel that the
terms and provisions of this Agreement are fully authorized under State and local law and that the
Agreement provides full legal authority for the County; and
WHEREAS, the County intends to further include within the Urban County the City,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The City, by executing this Agreement, agrees that;
a. City may receive an allocation under the CDBG and HOME Programs through the County's
Request for Application Process. If the County does not receive a HOME formula allocation,
City cannot form a HOME consortium with other local governments. (Note: this does not
preclude the County or the City from applying for State HOME funds if the State allows.); and
b. City may not apply for grants from appropriations under the State CDBG Program for the fiscal
years City participates in the County's CDBG program; and
c. City may receive an allocation under the ESG program only through the County, However, City
may apply to the State for ESG funds, if the State allows.
2. This Agreement shall cover the County Qualification Period for Fiscal Years 2024, 2025, and 2026
for which the County is to qualify to receive Federal Funds. This Agreement shall remain in effect
until the CDBG (and, where applicable, HOME and ESG) funds and program income received (with
respect to activities carried out during the three-year qualification period and any successive
qualification periods pursuant to automatic renewal of this Agreement) are expended and the
funded activities completed, and the County and the City cannot terminate or withdraw from this
Agreement while the Agreement remains in effect.
3. This Agreement may be automatically renewed for successive three-year Qualification periods at
the discretion of the County unless the County or the City provides written notice that it elects not
to extend City's participation for the new Qualification Period. The City and County agree that a
copy of such notice shall be timely sent to the HUD Field Office.
4. By the date specified in the HUD's Urban County Qualification Notice for each Qualification Period,
the County will notify the City in writing of its right not to participate. A copy of the County's
notification to City shall be sent to the HUD Field Office by the date specified in the Urban County
Qualification schedule located in any applicable Urban County Qualification Notice for a
Qualification Period.
5. The Parties agree that they will timely execute any amendments to the Agreement necessary to
comply with the requirements for cooperation agreements, including those for automatic renewals,
set forth in the current Urban County Qualification Notice, attached as Exhibit A, or future urban
county qualification notices from HUD for the current or any future Qualification Period. The Parties
further agree that any amendment so executed will be timely submitted to HUD as required by the
Urban County Qualification CPD Notice 23-02, issued on April 10, 2023 and expiring on April 10,
2024. Failure to comply with the requirements of this section may cause the County to void the
automatic renewal for the applicable qualification period.
6 The County and City agree to cooperate to undertake, or assist in undertaking, community renewal
and lower -income housing assistance activities.
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7 The County and City shall take all actions necessary to assure compliance with the County's
certification under section 104(b) of Title I of the Housing and Urban 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 affirmatively further fair housing.
The County and City shall 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 Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35,
the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and
Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws. The
County and City are obligated to sign the assurances and certifications in HUD -424-B.
8. Under no circumstances shall the Federal Funds be used for activities in, or in support of, any
participating municipality, including City, that does not affirmatively further fair housing within its
own jurisdiction or that impedes the County's actions to comply with the County's fair housing
certification.
9. The City acknowledges that the County has final responsibility and authority for selecting CDBG
(and, where applicable, HOME and ESG) activities and submitting the Consolidated Plan to HUD.
The City agrees that during the term of this Agreement, the City will fully support the implementation
of the County's Consolidated Plan and any amendments.
10. The City affirms that it has adopted and is enforcing:
a. 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; and
b. 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
demonstration within the City.
11. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to
subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503.
12. The County shall take the final responsibility and assume all the obligation of application for
assistance under the provisions of the Housing and Community Development Act of 1974 and
subsequent amendments, including the analysis of needs, the setting of objectives, the
development of the HUD Consolidated Plan and Action Plans, and any other documents,
assurances, or certificates as required by HUD, subject to change in legislation or regulations.
13. Funds for housing and community development activities shall be expended in a manner to reflect
the needs of low to moderate -income groups pursuant to the Housing and Community
Development Act 1974, as amended.
14. All records of the County or City related to this Agreement and any projects undertaken pursuant
thereto shall, upon reasonable notice, be available for inspection by HUD, County and/or City
auditors during the normal business hours.
15. This agreement shall be binding upon the Parties hereto and their successors and assigns.
16. The City and the County acknowledge that it may be necessary to dispose of real property that was
originally acquired or improved in whole or in part using Federal Funds. The City agrees that it shall
notify the County within thirty (30) days regarding any proposed modification or change in the use
of real property form that planned at the time of acquisition or improvement, including disposition.
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The City acknowledges that federal regulations may require a public hearing or other process prior
to modifying, changing the use or disposing of such real property.
17. Indemnification. The County shall not assume any liability for the acts, omissions to act or
negligence of the City, its agent, servants, or employees; nor shall the City exclude liability for its
own acts, omissions to act, or negligence arising out of the City's performance pursuant to this
Agreement. The City shall indemnify and hold harmless the County and its officers, employees and
agents or instrumentalities from any and all liabilities, losses or damages, agents or of any kind
nature arising out of, relating or resulting from performance of this Agreement by the Awardee
shall pay all claims and losses in connection therewith and shall investigate and defend all claims,
suits or actions of any kind of nature in the name of the County, where applicable, including
appellate proceedings, and shall pay all cost, judgments, and attorney's fees which may issue
thereon. The City expressly understands and agrees that any insurance protection required by this
agreement or otherwise provided by the Awardee shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the County or its officers, employees, agents and
instrumentalities as herein provided. Nothing herein is indented to serve as a waiver of sovereign
immunity by the County nor shall anything herein be construed as consent by the County to be
sued by third parties in any matter arising out of this Agreement. The provisions of this section
survive the termination of expiration of this Agreement.
18. The County and City agree that neither the County nor the City shall sell, trade, or otherwise transfer
all or any such portion of the Federal Funds to another metropolitan city, urban county, unit of
general local government, or 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.
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IN WITNESS THEREOF, the parties hereto have caused this five (5) page contract to be executed by their
undersigned officials as duly authorized, this day of 2023.
AWARD
CITY ►�,�iPA-LOCKA
B)
NAME: rnf1RV Al G(/VLj
TITLE: City Manager
DATE: 1J2'/23
APPROVED AS TO FORM:
BY:
NAME: Melissa Gallo
MIAMI-DADE COUNTY
BY:
NAME:
TITLE: Chief Community Services Officer
DATE:
ATTEST:
Juan Fernandez-Barquin
CLERK OF THE COURT AND COMPTROLLER
BY:
TITLE: Assistant County Attorney DEPUTY CLERK
DATE:
Pas ed, Adopted and approved this a day of • 2023
A
BY:
(Signature)
ST
,ioUm1G re
Type or Print Name
City Clerk
APPRe E! AS fO FORM:
BY:
y Attorne
AGREEMENT IS NOT VALID UNTIL SIGNED BY ALL PARTIES
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