HomeMy Public PortalAbout2023-69 Approving an urban qualification cooperation agreement for the Miami-Dade County Community Development Block Grant and Home Investment Partnerships Program FundsRE SO L U T IO N N O . 2023-69
A RE SO L U T IO N O F T H E V IL L A G E C O UN C IL O F T H E
V IL L A G E O F KE Y B ISC A Y N E , FL O RI D A , A P PR O V IN G
A N U RB A N Q U A L IFIC A T IO N C O O PE RA T IO N
A G RE E M E N T F O R T H E M IA M I-D A D E C O U N T Y
C O M M U N IT Y D E V E L O P M E N T BL O C K G RA N T A N D
H O M E IN V E ST M E N T PA R T N E R SH IPS PR O G RA M FU N D S
FO R FISC A L Y E A R S 2024,2025, A N D 2026; PR O V ID IN G
FO R RA T IFIC A T IO N ; A N D PR O V ID IN G FO R A N
E FFE C T IV E D A T E .
W H E RE A S, the Home Rule Charter authorizes Miami-Dade County (the "County") to
provide for the uniform health and welfare of the residents throughout the County; and
WHEREAS, the Department of Housing and Urban Development ("HUD") administers
the Community Development Block Grant ("CDBG") Program, the Home Investment Partnerships
("HOME") Program, and the Emergency Solutions Grant ("ESG") Program (collectively, the
"Federal Programs"); and
WHEREAS, the Village of Key Biscayne (the "Village") desires to participate in the
Federal Programs as a participating municipality in the County's entitlement jurisdiction for fiscal
years 2024, 2025, and 2026; and
WHEREAS, HUD requires that the Village and County enter into an Urban Qualification
Cooperation Agreement, attached hereto as Exhibit "A," in order to participate in the Federal
Programs for fiscal years 2024, 2025, and 2026 (the "Cooperation Agreement"); and
WHEREAS, the Village Manager executed and submitted the Cooperation Agreement to
the County by HUD's deadline on October 27, 2023; and
WHEREAS, the Village Council desires to approve the Cooperation Agreement, attached
hereto as Exhibit "A," for the Village's participation in the Federal Programs; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
Page I of2
N O W , T H E RE F O R E , B E IT R E S O L V E D B Y T H E V IL L A G E C O U N C IL O F T H E
V I L L A G E O F KE Y BI S C A Y N E , F L O RI D A , A S F O L L O W S :
S e c tio n 1. R e ci ta ls. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2.
Agreement attached hereto as Exhibit ··A:·
Section 3.
Approval. That the Village Council hereby approves the Cooperation
Ratification. That the Village Council hereby ratifies the execution of the
Cooperation Agreement by the Village Manager and authorizes the Village Manager to take any
and all action necessary to implement the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 14th_ day of __ -----'--N'-"o'-'-v-=-en=1=b=er,__ . 2023.
JOE I. RASCO. MAYOR
ATTEST:
Q~~'l::)kcci---
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~p~
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 2 of2
E X H IB IT A
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
VILLAGE OF KEY SISCA YNE
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 VILLAGE OF KEY
BISCAYNE, hereinafter referred to as "Village" and having offices at 88 West McIntyre Street, Key
Biscayne, Florida, 33149 and telephone number of (305) 365-4121, collectively referred to as the "Parties",
states, conditions and covenants for the participation of Village 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 Village 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 Village 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 Village may cooperate as an Urban County Joint Entitlement Recipient in administration of CDBG,
HOME and ESG; and
W HEREAS, County and Village are required to execute a cooperation agreement, or renew an existing
cooperation agreement, for the Village's participation in the County's jurisdiction for Federal Funds for each
three-year qualification period ("Qualification Period"); and
W HEREAS, the governing bodies of the County and the Village have authorized the execution of this
Agreement by the Chief Executive Officer of the County and Village, respectively; and
WH EREAS, 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 Village,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The Village, by executing this Agreement, agrees that:
a. Village 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,
Village cannot form a HOME consortium with other local governments. {Note: this does not
preclude the County or the Village from applying for State HOME funds if the State allows.);
and
b. Village may not apply for grants from appropriations under the State CDBG Program for the
fiscal years Village participates in the County's CDBG program; and
c. Village may receive an allocation under the ESG program only through the County, However,
Village 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 Village 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 Village provides written notice that it elects
not to extend Village's participation for the new Qualification Period. The Village 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 Village in writing of its right not to participate. A copy of the County's
notification to Village 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 . T h e C o u n ty a n d V illa g e a g re e to c o o p e ra te to u n d e rt a k e , o r a s s is t in u n d e rt a k in g , c o m m u n ity
re n e w a l a n d lo w e r-in c o m e h o u s in g a s s is ta n c e a c tiv itie s .
7 . T h e C o u n ty a n d V illa g e s h a ll ta k e a ll a c tio n s n e c e s s a ry to a s s u re c o m p lia n c e w ith th e C o u n ty 's
c e rt ifi c a tio n u n d e r s e c tio n 1 0 4 (b ) o f T itle I o f th e H o u s in g a n d U rb a n D e v e lo p m e n t A c t o f 19 7 4 , a s
a m e n d e d , th a t th e g ra n t w ill b e c o n d u c te d a n d a d m in is te re d in c o n fo rm ity w ith T itle V I o f th e C iv il
R ig h ts A c t o f 19 6 4 , a n d th e im p le m e n tin g re g u la tio n s a t 2 4 C F R p a rt 1 , a n d th e F a ir H o u s in g A c t,
a n d th e im p le m e n tin g re g u la tio n s a t 2 4 C F R P a rt 10 0 , a n d w il l a ff irm a tiv e ly fu rt h e r fa ir h o u s in g .
T h e C o u n ty a n d V illa g e s h a ll c o m p ly w ith se c tio n 10 9 o f T itle I o f th e H o u s in g a n d C o m m u n ity
D e v e lo p m e n t A c t o f 19 7 4 , a n d th e im p le m e n tin g re g u la tio n s a t 2 4 C F R p a rt 6 , w h ic h in c o rp o ra te s
S e c tio n 5 0 4 o f th e R e h a b ilita tio n A c t o f 1 9 7 3 , a n d th e im p le m e n ti n g re g u la tio n s a t 2 4 C F R p a rt 8 ,
T itle II o f th e A m e ric a n s w ith D is a b ilitie s A c t, a n d th e im p le m e n tin g re g u la tio n s a t 2 8 C F R p a rt 3 5 ,
th e A g e D is c rim in a tio n A c t o f 1 9 7 5 , a n d th e im p le m e n tin g re g u la tio n a t 2 4 C F R p a rt 14 6 , a n d
S e c tio n 3 o f th e H o u s in g a n d U rb a n D e v e lo p m e n t A c t o f 1 9 6 8 , a n d o th e r a p p lic a b le la w s . T h e
C o u n ty a n d V illa g e a re o b lig a te d to s ig n th e a s s u ra n c e s a n d c e rt ifi c a tio n s in H U D -4 2 4 -B .
8 . U n d e r n o c irc u m s ta n c e s s h a ll th e F e d e ra l F u n d s b e u s e d fo r a c tiv itie s in , o r in su p p o rt o f, a n y
p a rt ic ip a tin g m u n ic ip a lity , in c lu d in g V illa g e , th a t d o e s n o t a ff irm a tiv e ly fu rt h e r fa ir h o u s in g w ith in its
o w n ju ris d ic tio n o r th a t im p e d e s th e C o u n ty 's a c tio n s to c o m p ly w ith th e C o u n ty 's fa ir h o u s in g
c e rt ifi c a tio n .
9 . T h e V ill a g e a c k n o w le d g e s th a t th e C o u n ty h a s fi n a l re s p o n s ib ility a n d a u th o rity fo r se le c tin g C D B G
(a n d , w h e re a p p lic a b le , H O M E a n d E S G ) a c tiv itie s a n d s u b m itt in g th e C o n s o lid a te d P la n to H U D .
T h e V ill a g e a g re e s th a t d u rin g th e te rm o f th is A g re e m e n t, th e V illa g e w ill fu lly su p p o rt th e
im p le m e n ta tio n o f th e C o u n ty 's C o n s o lid a te d P la n a n d a n y a m e n d m e n ts .
10 . T h e V ill a g e a ffi rm s th a t it h a s a d o p te d a n d is e n fo rc in g :
a . A p o lic y p ro h ib itin g th e u s e o f e x c e s s iv e fo rc e b y la w e n fo rc e m e n t a g e n c ie s w ith in its
ju ris d ic tio n a g a in s t a n y in d iv id u a ls e n g a g e d in n o n -v io le n t c iv il rig h ts d e m o n s tra tio n s ; a n d
b . A p o lic y o f e n fo rc in g a p p lic a b le S ta te a n d lo c a l la w s a g a in s t p h y s ic a lly b a rrin g e n tra n c e to
o r e x it fro m a fa c ilit y o r lo c a tio n w h ic h is th e s u b je c t o f su c h n o n -v io le n t c iv il rig h ts
d e m o n s tra tio n w ith in th e V illa g e .
1 1 . P u rs u a n t to 2 4 C F R 5 7 0 .5 0 1 (b ), th e V ill a g e is su b je c t to th e s a m e re q u ire m e n ts a p p lic a b le to
s u b re c ip ie n ts , in cl u d in g th e re q u ire m e n t o f a w ritt e n a g re e m e n t a s d e s c rib e d in 2 4 C F R 5 7 0 .5 0 3 .
1 2 . T h e C o u n ty s h a ll ta k e th e fi n a l re s p o n s ib ili ty a n d a s s u m e a ll th e o b lig a tio n o f a p p lic a tio n fo r
a s s is ta n c e u n d e r th e p ro v is io n s o f th e H o u s in g a n d C o m m u n ity D e v e lo p m e n t A c t o f 19 7 4 a n d
s u b s e q u e n t a m e n d m e n ts , in c lu d in g th e a n a ly s is o f n e e d s , th e se tt in g o f o bje c tiv e s , th e
d e v e lo p m e n t o f th e H U D C o n s o lid a te d P la n a n d A c tio n P la n s , a n d a n y o th e r d o c u m e n ts ,
a s s u ra n c e s , o r c e rt ific a te s a s re q u ire d b y H U D , s u b je c t to c h a n g e in le g is la tio n o r re g u la tio n s .
13 . F u n d s fo r h o u s in g a n d c o m m u n ity d e v e lo p m e n t a c tiv itie s s h a ll b e e x p e n d e d in a m a n n e r to re fl e c t
th e n e e d s o f lo w to m o d e ra te -in c o m e g ro u p s p u rs u a n t to th e H o u s in g a n d C o m m u n ity
D e v e lo p m e n t A c t 19 7 4 , a s a m e n d e d .
1 4 . A ll re c o rd s o f th e C o u n ty o r V ill a g e re la te d to th is A g re e m e n t a n d a n y p roje c ts u n d e rt a ke n p u rsu a n t
th e re to s h a ll, u p o n re a s o n a b le n o tic e , b e a v a ila b le fo r in s p e c tio n b y H U D , C o u n ty a n d /o r V illa g e
a u d ito rs d u rin g th e n o rm a l b u s in e s s h o u rs .
15 . T h is a g re e m e n t s h a ll b e b in d in g u p o n th e P a rt ie s h e re to a n d th e ir su c c e s s o rs a n d a s s ig n s .
1 6 . T h e V il la g e a n d th e C o u n ty a c k n o w le d g e th a t it m a y b e n e c e s s a ry to d is p o s e o f re a l p ro p e rty th a t
w a s o rig in a ll y a c q u ire d o r im p ro v e d in w h o le o r in p a rt u s in g F e d e ra l F u n d s . T h e V illa g e a g re e s
17 .
18.
that it shall notify the C ounty w ithin thirty (30) days regarding any proposed modification or change
in the use of real property fo rm that planned at the tim e of acquisition or im pro vement, including
disposition. The V illage acknow ledges that federal regulations m ay require a public hearing or other
process prior to m odify ing, changing the use or disposing of such real pro perty.
Indemnification. The C ounty shall not assum e any liability for the acts, om issions to act or
negligence of the V ill age, its agent, serv ants, or em ployees; nor shall the Village exclude liability
fo r its ow n acts, om issions to act, or negligence arising out of the Village's performance pursuant
to this A greem ent. The V illage shall indem nify and hold harmless the County and its officers,
em ployees and agents or instrum entalities 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
A w ardee shall pay all claim s and losses in connection therewith and shall investigate and defend
all claim s, 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 attorn ey's fees which may
issue thereon. T he V illage expressly understands and agrees that any insurance protection
required by this agreem ent or otherw ise pro vided by the Awardee shall in no way limit the
responsibility to indem nify , keep and save harm less and defend the County or its officers,
em ployees, agents and instrum entalities as herein pro vided. Nothing herein is indented to serve
as a w aiver of sovereign im m unity by the County nor shall anything herein be construed as consent
by the C ounty to be sued by third parties in any matter arising out of this Agreement. The provisions
of this section surv ive the term ination of expiration of this Agreement.
T he C ounty and V illage agree that neither the C ounty nor the Village shall sell, trade, or otherw ise
transfer all or any such port ion of the Federal Funds to another m etropolitan Village, urban county,
unit of general local govern m ent, or ln dlan tribe, or insular area that directly or indirectly receives
C D B G 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 Comm unity Development Act of
19 74, as am ended.
IN WITNESS THEREOF, the parties hereto have caused this fiv~) peg: co_p.tract lo be executed by their
undersigned officials as duly authorized, this ;J day 0~1Jtf 2023.
BY .J/fCA:__ BY --,,-.;.........,_,....._..,,._ _
NAME: Steven C. Wi lliamson
I CO . ;;ND, CPM
CHIEF COM ~ SERVICES OFF l'~ER
MIAMI-DADE COUi\llY, FL
TITLE: Chief Cornmunllv Services Officer
NAME:
TITLE: VIiiage Manager
DATE: October 25 2023 DATE: _,z...._llf ..... lCZD_Z~2?-
APPROVED AS TO FORM:
BY:
ATTEST:
Juan Fernandez-Barquin
CLE K F T jE 9?URT ?f D COMP~OLLER
BY: 6.Jtv 9,,~ / d--)-"c} j
EPUTY CLERK
. :llo""IUUUll//lf~
Olga Valverde• el8183 i! cp~f!,rs.;.,
i !-=:"./+~"' "~~---~ \ :c::, - ,~a
(
i. ::> ! COUNTY : n1 il be so, - ;;;o,.
/1--f-rl\ ND~ \,\\J\-" 0,.,....,.,,,
Passed, Adopted and approved this __ day of __ 2023 ~, ··-~· /I'
~l1/ftllllltl\\\\~
NAM E: Melissa Gallo
TITLE: Assistant County Attorney
DATE: 12/ l//2.02 3
ATT EST
BYg ~~~{Z=~
( 1gnatur
AGREEMENT IS /IJOT V
APPROVED AS TO FORM:
.;,-;~Jl~~ BY: _
Village Attorney