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Home My Public Portal About11-8261 MDC Community Block Grant Sponsored by: City Manager Resolution No. 11-8261 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ARRANGE FOR THE CITY TO PARTICIPATE IN THE MIAMI-DADE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Community Development Block Grant Program allocates approximately $20,000,000 annually to Miami-Dade County eligible communities; and WHEREAS,The City Commission of the City of Opa-locka desires that the City Manager arrange for the City to participate in the Community Development Block Grant(CDBG)Program for FY 2012-2013. 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 hereby authorizes and directs the City Manager to take all necessary actions to arrange for the City to participate in the Miami- Dade Community Development Block Grant Program,and execute a contract agreement between the City of Opa-locka and the Miami-Dade County Community Development Block Grant Program for FY 2012-2013. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of July, 2011. Resolution No. 11-8261 / ..... _Af/ RAT 1 LOR MAYOR At _ s. ♦ 1 ■ Deborah S. Irby City Clerk Approved as to form and legal sufficiency: , J -A ,! I . el 1 1 A Jos- ., . Ge Cit Attorn-, Moved by: COMMISSIONER HOLMES Seconded by: VICE MAYOR JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES cif P-LOCk4 of ,0 vi a gyp :- 92: R!1' E�l Memorandum TO: Mayor Myra L. Taylor Vice Mayor Dorothy Johns. Commissioner Timothy : mes Commissioner Rose .us Commissioner E. Miller FROM: Bryan K. Finnie, erim City Manager DATE: July 7, 201 RE: Urba, /mmunity Qualifications Agreement for Participation in the Community Development Block Grant Program FY 2012-2014 Recommendation: STAFF IS RECOMMENDING THAT A RESOLUTION BE PASSED AUTHORIZING THE MAYOR TO PARTICIPATE IN MIAMI-DADE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Description: The City of Opa-locka's election to participate requires the execution of a Cooperative Agreement with the County, approval of the Cooperative Agreement by our governing body, execution of the document by the Chief Executive Officer and other documents and qualifications required by HUD. The Community Development Block Grant Program allocates approximately $20,000,000 annually to Miami-Dade County eligible communities on a competitive application basis. By Opa-locka remaining in the program, its ability to access a portion of this annual funding will remain in-place. Attachment(s): Copy of Miami-Dade County Urban Qualification Cooperative Agreement Community Development Block Grant FY 2012-2014 Prepared by: Office of the City Manager End of Memorandum 1 Housing and Community Development 701 N.W.1st Court, 14th Floor M IAM I•DADE Miami,Florida 33136 COUNTY T 786-469-2100 F 786-469-2236 miamidade.gov July 5, 2011 The Honorable Mayra Taylor, Mayor City of Opa Locka 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 Re: Urban County Qualification Cooperation Agreement for participation in the Community Development Block Grant(CDBG) Program for Fiscal Year 2012-2014 Dear Mayor Taylor: This is a follow-up to the Miami-Dade County Department of Housing and Community Development (DHCD) recent correspondence pertaining to The Housing and Community Development Act of 1974 requiring that every three years, all counties participating in the U.S. Department of Housing and Urban Development (US HUD), Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Solutions Grant (ESG) programs must undergo US HUD's Urban County Qualification process, which includes inviting local jurisdictions to participate. We have received your confirmation to opt-into Miami-Dade County's Urban Qualification process and to participate in its federal CDBG, HOME and ESG Programs. Your jurisdiction's election to participate requires the execution of a Cooperation Agreement with the County, approval of the Cooperation Agreement by your governing body, execution of the Cooperation Agreement by the chief executive officer, and other documents and certifications required by US HUD. For your reference, a copy of the US HUD Urban County Qualification CPD-11-02 Notice (4/28/2011 through 4/28/2012) is attached. Please execute the agreement and return the document to DHCD by Friday, July 8, 2011. As a reminder, in reviewing the Qualification Notice, please note that if the City of Opa Locka elects to be included in Miami-Dade County's configuration, your municipality will not be eligible to apply for grants under the State Small Cities or the federal CDBG or HOME programs. As part of the urban county configuration, the City of Opa Locka may receive an allocation from Miami- Dade County through the County's annual competitive Request For Application (RFA) process. Please address your notifications to the following: Ms. Maria R. Ortiz, Director Community Planning and Development Division U.S. Department of Housing and Urban Development Region IV, Miami Field Office Brickell Plaza Federal Building 909 SE 1s`Avenue, Room 500 Miami, Florida 33131-3042 Miami-Dade County Urban Qualification Cooperation Agreement Page 2 Mrs. Rowena Crawford Assistant Director Miami-Dade County Department of Housing_and Community Development 701 N.W. 1s`Court, le Floor Miami, FL 33136 If you need further information regarding this request or on the Urban County Qualification Process, please contact Rickert Glasgow, Manager, Community Planning and Outreach Division, at(786)469-2130 or my office at(786)469-2100. Sincerely, Rowena Crawford Assistant Director Enclosures: Cooperation Agreement CPD Notice— 11-02 cc: Howard Piper, Special Assistant to the County Manager Rickert Glasgow, Manager, Community Planning and Outreach Division, DHCD Resolution Number# Awarded Amount$ URBAN QUALIFICATION COOPERATION AGREEMENT FOR THE MIAMI-DADE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS FOR FISCAL YEARS 2012,2013 AND 2014 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 Housing and Community Development hereinafter referred to as "DHCD" and having its principal offices at 701 N.W. 1 Court, 14 Floor, Miami, Florida 33136, hereinafter referred to as "County", and City of Opa Locka, hereinafter referred to as "City" and having offices at 780 Fisherman Street, 4th Floor, Opa-Locka, FL, 33054, 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 Solutions 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 further provides that all functions not otherwise specifically assigned to others under the charter shall be performed under the supervision of the Miami- Dade County Mayor; 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 Solutions 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 1 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 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 opinion 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 of Opa Locka 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. 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.);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 2012, 2013, and 2014 for which the County is to qualify to receive Federal Funds. This Agreement shall remain in effect until the Federal Funds and program income received (with respect to the three-year qualification period and any successive qualification periods pursuant to automatic renewal of this Agreement) are expended and the funded activates 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 set forth in the Urban County Qualification Notice, attached as referenced (Exhibit A), for any Qualification Period governed by this Agreement. The Parties further agree that any amendment so executed will be timely submitted to HUD as required by the Urban County Qualification CPD Notice 11-02 (04/28/2011 - 04/28/2012). (See Attachment A, Section IV.E; Documents To Be Submitted To HUD). Failure to comply with the requirements of this section will void the automatic renewal for the applicable qualification period. 2 6. The County and City agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. 7. The County and City shall take all actions necessary to assure compliance with the County's certification required by Section 104(b) if Title I of the Housing and Urban 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 and Community Development Act of 1974, and other applicable laws. 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 activities to fund with the Federal Funds 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 570.503, 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 a HUD and Consolidated Plan, 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. 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. 3 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. • 4 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 2011. AWARDEE: MIAMI-DADE COUNTY City of Opa Locka BY: BY: NAME: NAME: Carlos A. Gimenez TITLE: Mayor TITLE: Mayor DATE: APPROVED AS TO FORM: BY: ATTEST NAME: BY: TITLE: County Attorney DATE TITLE: Clerk, Board of County Commissioners Passed,Adopted and approved this day of 2011 ATTEST BY: (Signature) CITY OF OPA LOCKA: Mayor Type or Print Name City Clerk APPROVED AS TO FORM: BY: City Attorney AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES 5