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