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Resolution No. 00-16 v • RESOLUTION NO. 00-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, ENTERING INTO A COOPERATIVE AGREEMENT WITH THE CITY OF JACKSONVILLE/DUVAL COUNTY, FLORIDA, FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS, FOR FISCAL YEARS 2001, 2002, 2003; PROVIDING FOR AN EFFECTIVE DATE. 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, the cooperation of the City of Atlantic Beach, Florida, and the • City of Jacksonville/Duval County, Florida is essential for the successful planning and implementation of the Community Development Block Grant and HOME Programs under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, the assurances and the items of agreement contained in the Cooperation Agreement are realistic and consistent with guidelines stipulated by the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. The City of Atlantic Beach, Florida, does hereby agree to adopt the Cooperation Agreement with the City of Jacksonville/Duval County, Florida, to participate in the Community Development Block Grant and the HOME Investment Partnership programs for Fiscal Years 2001, 2002, and 2003. SECTION 2. The Mayor is hereby authorized to sign the Cooperation Agreement and the City Clerk to attest to same. • • SECTION 3. This Resolution shall become effective immediately upon its adoption. ADOPTED by the City Commission this 02 7&jaay of /46 , 2000 1; ► SERVE, • Y6 ' ATTEST: 47(944.AA/24%, MAUREEN KING, T ERK • APPROVED AS TO FORM AND CORRECTNESS: /AgtPfr. 4 AN C. J+ SEN, ESQUIRE City Atto ey • • COMMUNITY DEVELOPMENT BLOCK GRANT INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into the day of , 2000, by and between the CITY OF ATLANTIC BEACH, a municipal corporation (hereinafter referred to as "ATLANTIC BEACH"), and the consolidated City/County ofJacksonville,a single body politic and corporate, and a political subdivision of the State of Florida (hereinafter referred to as "JACKSONVILLE"). WITNESSETH WHEREAS, the Housing and Community Development Act of 1974, as amended, and the Urban Rural Recovery Act of 1983 make 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 CommunityDevelopment Block Grants; and WHEREAS,the Department of Veterans Affairs and Housing and Urban Development,and Independent Agencies Appropriation Act, 2001 was enacted on October 27,2000,of which Section 217 of the Act provides for authority for the consolidated city/county government of JACKSONVILLE to qualify as an urban county under the Community Development Block Grant (CDBG)program; and WHEREAS, this Agreement covers both the Community Development Block Grant ("CDBG") and the HOME Investment Partnership ("HOME")Programs; and WHEREAS,it is the desire ofthe parties to this Agreement that JACKSONVILLE undertake activities to plan and carry out the CDBG and the HOME Programs for the benefit of the residents of Duval County; and III EXHIBIT B • WHEREAS,interlocal agreements of this type are specifically authorized by Part 1,Chapter 163, Florida Statutes, as well as other applicable law. NOW, ixldREFORE,the parties hereto do mutually agree as follows: SECTION L RECITALS The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied SECTION 2. COUNTY ADMINISTRATION JACKSONVILLE agrees to provide, at no cost to ATLANTIC BEACH, the staff, resources, and other services necessary to plan and administer CDBG and HOME Programs upon the request of ATLANTIC BEACH. SECTION 3. MUTUAL COOPERATION JACKSONVILLE and ATLANTIC BEACH 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 4. PROJECTS FUNDED (a) JACKSONVILLE agrees to facilitate,encourage and allow municipal officials and the citizens of ATLANTIC BEACH to have the full and open opportunity to submit and implement eligible projects which are in compliance with the CDBG activities provided for in the Consolidated Plan. (b) ATLANTIC BEACH understands and agrees that JACKSONVILLE will have final and ultimate responsibility for accepting activities to be funded through the CDBG and HOME Programs under the Consolidated Plan and for annually filing the Consolidated Action Plan with • HUD_ 2 111 SECTION 5. MUNICIPALITY OBLIGATIONS (a) ATLANTIC BEACH and JACKSONVILLE agree that, pursuant to the provisions of Title 24, Code of Federal Regulations, including, but not limited to Section 570.501(b), ATLANTIC BEACH 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) ATLANTIC BEACH 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) ATLANTIC BEACH may not participate in a HOME consortium except through the IIIurban county, regardless of whether the urban county receives a HOME formula allocation_ By participating in the urban county program, ATLANTIC BEACH will also be participating in JACKSONVILLE's HOME Program; however, this will not preclude ATLANTIC BEACH from applying for funding under the State of Florida's HOME Program. SECTION 6. GRANT OF AUTHORITY AND TERM OF AGREEMENT (a) This Agreement covers CDBG and HOME appropriations for fiscal years 2001, 2002, and 2003, starting October 1,2000 through September 30,2003_ This Agreement remains in effect until the CDBG and HOME funds and program income received with respect to funding for fiscal years 2001, 2002, and 2003, and successive three year qualification periods, are expended and the funded activities completed. JACKSONVILLE and ATLANTIC BEACH 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 JACKSONVILLE or ATLANTIC BEACH provides written notice 3 • it elects not to participate in a new qualification period. JACKSONVILLE will notify ATLANTIC BEACH 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 7. PERFORMANCE OF SERVICES/CONTRACTS (a) As to the use of the CDBG and HOME funds received by JACKSONVILLE, JACKSONVILLE may either carry out the CDBG and HOME Programs for ATLANTIC BEACH or,in the event that existing interlocal agreements provide for ATLANTIC BEACH to perform any services in connection with the CDBG and HOME Programs, JACKSONVILLE will contract with ATLANTIC BEACH for the performance of such services. (b) Any contracts entered into pursuant to Section 7(a) above shall contain provisions which obligate ATLANTIC BEACH to undertake all necessary actions to carry out the CDBG and HOME Programs and the Consolidated Plan, where applicable, within a specified time frame and in accordance with the requirements of Title I of the Housing and Development Act of 1974, as amended, and any and all other applicable laws and implementing regulations_ (c) ATLANTIC BEACH agrees to undertake and accomplish all necessary action to carry out the CDBG and the HOME Programs, as provided for in the Consolidated Plan, and for the purposes of complying with the law. • 4 III SECTION 8. APPLICABLE LAWS/COMPLIANCE (a) ATLANTIC BEACH and JACKSONVILLE agree to take all required actions to comply with JACKSONVILLE'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 Act 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. ATLANTIC BEACH agrees to comply with all auditing requirements imposed by federal, state and local laws, rules, regulations_ (b) ATLANTIC BEACH acknowledges and understands that noncompliance by ATLANTIC BEACH with all applicable provision of laws, rules or regulations may constitute Snoncompliance by the entire urban county program, and JACKSONVILLE as the grantee, and ATLANTIC BEACH assumes responsibility therefore. SECTION 9.FAIR HOUSING ATLANTIC BEACH acknowledges that JACKSONVILLE will prohibit urban county funding for activities in or in support of ATLANTIC BEACH if ATLANTIC BEACH does not affirmatively further fair housing within ATLANTIC BEACH's jurisdiction and/or if ATLANTIC BEACH impedes JACKSONVILLE's actions to comply with its fair housing certification_ SECTION 10. LAW ENFORCEMENT ATLANTIC BEACH has adopted and is enforcing 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_ Furthermore, ATLANTIC BEACH 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. 5 • In furtherance of this provision, specifically, and all other provisions of this Agreement, generally, ATLANTIC BEACH agrees to indemnify and hold JACKSONVILLE harmless to the fullest extent provided by law. SECTION 11. STATUS OF MUNICIPALITY Pursuant to 24 CFR 570.50(b), as well as other applicable law, ATLANTIC BEACH agrees that it is,at a minimum,subject to the same requirements applicable to grantee subrecipients per CPD-00-07 Section VIII.B. SECTION 12. REAL PROPERTY ATLANTIC BEACH and JACKSONVILLE agree with the following standards regarding real property acquired or improved, in whole or in part, using the CDBG funds: 1111 (a) ATLANTIC BEACH shall notify JACKSONVILLE, in a timely manner, of any modification or change in the use of real property from that intended at the time of the acquisition or improvement including disposition thereof. (b) ATLANTIC BEACH shall reinvest any and all program income into activities approved as eligible under the Consolidated Plan and shall include such activities in an appropriate subrecipient agreement. SECTION 13. PRIOR INTERLOCAL AGREEMENT Nothing herein shall be interpreted as increasing or decreasing the disbursement of CDBG funds to ATLANTIC BEACH as provided for in the existing 1995 Amendment to the 1982 Interlocal Agreement SECTION 14. EFFECTIVE DATE This Agreement shall take effect upon the execution of the Agreement by the parties. 6 SECTION 15_ COUNTERPARTS This Agreement may be executed in counterparts each of which ,shall be deemed an original_ IN WITNESS WHEREOF,ATLANTIC BEACH and JACKSONVILLE do hereby authorize and have executed this Agreement as of the date first written above. WITNESS CITY 0 =TLANTIC BEACH JO k e7.t adk By Its: M & E$ v f a� '414/i-zdt A I'I EST CITY OF JACKSO i E By: By: Neill W. McArthur, Jr. John A. Delaney, Mayor Corporation Secretary The terms and provisions of this Agreement are fully authorized under State and local law. This Agreement provides full Iegal authority for the consolidated City of Jacksonville to undertake, or assist in undertaking,essential community development and housing assistance activities,specifically urban renewal and publicly-assisted housing. Loree L. French Office of General Counsel • G_`.sharedV.FRENCHcDsc u,tertocal.,uiarac.wpa