Item 6A - Resolution 15-09CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Resolution NO. 15-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDED INTERLOCAL COOPERATION AGREEMENT
WITH THE CITY OF JACKSONVILLE RELATING TO
COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND
THE HOME INVESTMENT PARTNERSHIP (HOME),
CLARIFYING RESTRICTIONS FOR THE TRANSFER OF CDBG
AND HOME FUNDS; PROVIDING AN EFFECTIVE DATE.
SUBMITTED BY: Nelson Van Liere, City Manager c::z;;:>.._. -----
DATE: August 20,2015
AGENDA ITEM #6A
AUGUST 24,2015
BACKGROUND: The City of Atlantic Beach has an interlocal agreement with the City of
Jacksonville for distribution of Community Development Block Grant
(CDBG) funds. Atlantic Beach receives a pro-rata share of the federal
grant money distributed to Duval County. The federal government
recently revised its CDBG guidelines, which requires an amendment to the
interlocal agreement. The primary change to the agreement is a stipulation
which prevents Atlantic Beach from selling, trading, or transferring its
CDBG funds to another entity. The City has not historically sold, traded,
or transferred its CDBG funds to another entity, and has no current plans
to do so. At this time, City staff has no objections to revising the interlocal
agreement.
BUDGET: None.
RECOMMENDATION: Approve RESOLUTION NO. 15-09 amending the Interlocal
Agreement for CDBG Funds
ATTACHMENTS: RESOLUTION NO. 15-09
Exhibit A -Community Development Block Grant Internal Cooperation
Agreement between the City of Jacksonville and the City of Atlantic
Beach
RESOLUTION NO. 15-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDED INTERLOCAL COOPERATION
AGREEMENT WITH THE CITY OF JACKSONVILLE
RELATING TO COMMUNITY DEVELOPMENT BLOCK
GRANTS (CDBG) AND THE HOME INVESTMENT
PARTNERSHIP (HOME), CLARIFYING RESTRICTIONS
FOR THE TRANSFER OF CDBG AND HOME FUNDS;
PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM #6A
AUGUST 24, 2015
WHEREAS, on November 301h, 2000, the City of Jacksonville and the City of Atlantic
Beach entered into an Interlocal Cooperation Agreement relating to activities pursuant to
Community Development Block Grants (CDBG) and HOME Investment Partnership (HOME);
and
WHEREAS, due to revised regulations under the United States Housing and Urban
Development (HUD) CPD Notice 15-04, the City of Atlantic Beach and the City of Jacksonville
are required to review, update and amend the current Interlocal Cooperation Agreement to ensure
compliance with federal regulations; and
WHEREAS, it is the desire of the City of Atlantic Beach to continue an Interlocal
Cooperation Agreement with the City of Jacksonville, as amended, relating to CDBG and
HOME; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that the
adoption of this resolution is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Adoption and Incorporation of Recitals. The City Commission of the City
of Atlantic Beach, Florida adopts the recitals outlined above and incorporates them herein as a
part of this resolution.
SECTION 2. Authorization. The Mayor is authorized to execute an Interlocal
Cooperation Agreement with the City of Jacksonville providing for activities relating to CDBG
and HOME, in substantially the form as contained in Exhibit A, attached hereto and incorporated
by reference.
AGENDA ITEM #6A
AUGUST 24, 2015
SECTION 3. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
DULY ADOPTED AND PASSED during a regular meeting by the Atlantic Beach City
Commission this 24th day of August, 2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
CAROLYN WOODS,
Mayor, Presiding Officer
COMMUNITY DEVELOPMENT BLOCK GRANT
INTERLOCAL COOPERATION AGREEMENT
AGENDA ITEM 116A
AUGUST 24,2015
BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH
THIS AGREEMENT is made and en tered into the __ day of _____ _
~~ by and between the CITY OF ATLAN'fi G BBACHJACKSONVILLE, a EJ.osiQa
municipal corporation irLD_I.l.'@LC.o untv (hereinafter referred to as "JACKSONVI_LLE:],and t®
CITY OF ATLANTIC BEACH "), and t:Re-eensolidated City/County ofJaei(SOA'Iille, a singl e body
~elitie and corporate, Bfld a pelilioal subdi•.·isien of the State o f~ Florida...m.unipipal corooratioo
iJJ...Q UYal.CJLunty (hereinafter referred to as "JACKSGNVILLEATLANIJC BEACH ").
WITNESSETH
WHEREAS, the Housing and Community Development Act of 1974, as amended, and
the Urban Rural Re covery Act of 1983 make provisions whereby urban co unties may enter into
cooperation agreements with certain units of local government to undertake or assist in
undertaking essential activities pursuant to Community De ve lopment Block Grants ; and
WHEREAS , the Department of Veterans Affairs and Housing and Urban Development,
and Ind ependent Agenci es Appropriation Act, 2001 was enacted on October 27, 2000, of which
Section 217 of the Act provides for authority for the conso lidated city/county government of
JACKSONVILLE to qualify as an urban county under the Community Deve lopment Block Grant
(CDBG) program; and
WHEREAS, this Agreement covers both th e Community Developmen t Block Grant
("CDBG") and the HOME In vestment Partnership ("HOME ") Program s; and
BXH JBI TA
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AGENDA ITEM 116A
AUGUST24,20 15
WHEREAS , it is th e desire of th e parti es to thi s Agreement that JACKSONVILL E
undert ake activities to plan and ca rry out the CD BG and the HOM E Programs for the be nefit of
the res idents of Duva l Cou nty; and
WHEREAS , interloca l agree ments of this type are specifi cally authorized by Part 1,
Chapter 163, Florid a Statutes, as well as other app licable la w .
NOW, THEREFORE, th e partie s hereto do mutu all y agree as follows:
SECTION 1. RECITALS
The above recitals are tru e and co rrect and form a ma te ri al part of this Agreement upon
wh ich the parties have re lied.
SECTION 2. COUNTY ADMINISTRATION
JACKSONVILLE ag rees to provide , at no cost to ATLANTIC BEACH, the staff,
resources , and other services necessary to plan and adm in ister CD BG and HOME Programs
upon the request of A TLANTIC BEACH .
SECTION 3. MUTUAL COOPERATION
JACKSONVILLE a nd ATLANTIC BEACH agree to cooperate to undertake, or assist in
undertaking , com munity renewal and lower income ho using assistance activities , specifically
urban re newa l an d publicly assisted housin g .
SECTION 4. PROJECTS FUNDED
(a) JACKSO NV ILL E ag rees to facilitate , encourage and allow mun ic ipal offici al s and
the citizens of ATLANTIC BEACH to have th e fu ll an d open opportunity to submi t and implement
:bXHIBIT A
AGENDA ITEM #6A
AUGUST24, 20 15
eligible projects which are in compliance with the CDBG activiti es 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 Co nso lid ated Plan and for annuall y filing the Consolidated Action Plan with
HUD .
SECTION 5. MUNICI PALITY OBLIGATIONS
(a) ATLANTIC BEACH and JACKSONVILLE agree that, purs uant 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
~eipieAts_aut>.;[f!Qipieots includin g, but not limited to, th e req uirement for a written agreement
set forth in Title 24, Code of Federal Regu lations , Section 570 .503 .
(b) ATLANTIC BEACH may not apply for grants under the Small Cities or State
CDBG Programs from appropriations for fisca l years during the period in which it is participating
in the urban county prog ram.
(c) ATLANTI C BEACH may not participate in a HOME consortium except through the
urban county, regardless of whether the urban county receives a HOME formula allocation. By
participatin g in the urban county prog ram, ATLANT IC BEACH will also be participat ing in
JACKSO NV IL LE's HOME Program; however, this wi ll not preclud e ATLANT IC BEACH from
applying for funding under the State of Florida's HOME Program .
(d) AILANI.I.C BEACH may not sell. trade. or oth..e.rwis..e transfer aJLQr JIDY..-ROrtioo...2.f
S..I.!Ch funds to another such metropolilan city. urb a.o_couotx.....unit of g,e.ne.rallo.cal cwv.erorrl.ent...QI
Indian tribe. oL.ins.u!ar area that dire£11Y__or_!ndjrecfuu;.ece.ives CDBG_f,ynds in exchange fgr aP.Y
EXHIBIT A
3
AGENDA ITEM ti6A
AUGUST 24,20 15
otbedunds .. crg.dlts qr no q-FederaLcons id,e.ra.tiQns:h ut mus.l.us_e sucbJunds fouctivjtias,.eJiqible
under lilleJ_Qf t®Aqt.
SECTION 6. GRANT OF AUTHORITY AND TERM OF AGREEMENT
(a ) This Agreement covers CDBG and HOME appropriations for f iscal years ~
~2.915-2016. 2016-2QjL and ~~2017-2018 , starting October 1, ~~ through
September 30 , ~20.J_~ This Agreement remains in effect until the CDBG and HOME funds
and program income received with respect to funding for fiscal years 200 1, 20~20 15-201.6,.
2..0._1,__6-20 1 L and ~2017 -2Q18... and successive three ;:year qua lification periods , are
expended and the funded activities co mp leted . JACKSONVILLE and ATLANT IC BEACH may
not terminate or withdraw from the Agreement wh il e the Agreement remains in effect.
(b) This Agreement will automatically be renewed for participation in successive
three-year qua lification periods, unless JACKSONVILLE or ATLANTIC BEACH provides written
notice it e lects not to participate in a new qualification period . JACKSONVILLE will notify
ATLANTIC BEAC H in writing of its right to make such election by the date specified in th e next
urban co unty qualification notice .
(c) Failure by eithe r party to adopt an amendment to the Agreement incorpo ra ti ng a ll
changes necessary to meet the requirements for cooperation agreemen ts set forth in the urban
county qualification notice applicab le for a subsequent three-year urban qualification period , and
to submit the amendment to HU D as provided in the urban county qualification notice, w ill void
the automatic renewa l of such qualification period .
SECTION 7. PERFORMANC E OF SERVICES/CONTRACTS
EXHIBIT A
4
AGENDA ITEM #61\
AUGUST 24,2015
(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 wi ll contract with
ATLANT IC BEACH for the performance of such services .
(b) Any contracts entered into pursuant to Section ?(a) above shall contain provisions
which obligate ATLANT IC 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 Developmen t Act of 1974,
as amended , and any and all other applicable laws and implementing regu lations .
(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
th e purposes of complying with the law.
SECTION 8. APPLICABLE LAWS/COMPLIANCE
(a) ATLANTIC BEACH and JACKSONVILLE agree to take a ll required actions to
comply with JACKSONVILLE 's ce rtification required by Section 1 04(b) of Title I of the Housing
and Community Development Act of 1974, as amended, including but not limited to, Title VI of
the Civi l Rights Act of 1964, the Fair Housing A ct , Section 109 of Title I of the Housing and
Community Development Act of 197 4, The Americans with Disabilities Act of 1990 and all other
applicab le laws, ru les and regulations. ATLANT IC BEACH agrees to comply with all a uditing
requirements imposed by federal , state and local laws , rules , regulations .
(b) ATLANTIC BEACH acknowledges and understands that noncomp liance by
ATLANT IC BEACH with all applicable provision of laws, ru les or regu lations may constitute
BXlHBITA
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AGENDA ITEM #61\
AUGUST 24, lO IS
noncompliance by the entire urban county program , and JACKSONVILLE as the grantee, and
ATLANTIC BEACH assumes responsibility therefore.
SECTION 9. FAIR HOUS ING
ATLANTIC BEACH acknowledges that JACKSONVILLE will prohibit urban county
funding for activities in or in support of ATLANT IC 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
ATLANT IC BEACH has adopted and is enforcing a pol icy proh ibiting the use of ex cessive force
by law enforcement agencies within its j urisdiction 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 ex it
from a facility or location which is the subject of such non-vio lent civi l rights demonstration s
with in its jurisdiction. In furtherance of this provision , specifically, and a ll other provisions of this
Agreement, generally, ATLANT IC BEACH agrees to indemnify and hold JACKSONVILLE
harmless to the fullest extent provided by law.
SECTION 11. STATU S OF MUNI C IPALI TY
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
s~:~breeipients sub;rec i pie gt§ per CPD-00-07 Section VI II.B .
EXHIBIT A
SECTION 12. REAL PROPERTY
AGENDA ITEM I/6A
AUGUST 24,2015
ATLANTIC BEACH and JACKSONVILLE ag ree with the foll owin g standards regarding
real property acquired or improved, in w hole or in part, using th e CDBG funds :
(a) ATLANTIC BEACH shall notify JACKSONVILLE, in a timely manner, of any
modification or cha nge in the use of real property from that intended at the time of the acqu isition
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 sha ll include such activities in an
appropriate subreoipientsJ.Lb..:r.ecipient agreement.
SECTION 13. PRIOR INTERLOCAL AGREEMENT
Nothing herein shall be interpreted as increas in g or decreasing the disbursement of CDBG
f und s to ATLANTIC BEACH as provid ed for in the existing 1996 Amend ment to the 1982
lnteriocal Agreement.
SECTION 14. EFFECTIVE DATE
T his Agreement sha ll take effect upon the execution of the Agreement by the parties .
SECTION 15. COUNTERPARTS
This Agreement may be executed in counterparts each of which sha ll be deemed an
original.
EXIIIBITA
z
AGENOA IH:M 116A
AUGUST 24,2015
f!he remainder of this page was left blank intentionally by the parties. Slgnatu.te_paqe
immediately follows this page.]
EXHIBIT A.
8
AGENDA ITEM #6A
AUGUST 24,2015
IN WITNESS WHEREOF, ATLANTIC BEACH and JACKSONVILLE do h ereby
authorize and have executed this Agreement as of the date first written above .
\VIT~1B8S
ATTEST
Neill \V. MeArtktJr, Jr.
CorporatioR Seeretary
ATTEST:
B ·
Print Name:
!Ltle:
CITY OF ATLA~lTIC BBACH
By Its:
CITY OF JACKS<»JVILLE
Joha A. Delaney, Mayor
CITY OF ATLANTIC BEACH. a FlorjdCL
MuoLcipal co rp_Q[atio n
EloLi.da
EXIUBITA
s·
J..Qmes R. McC.ain._Jr.
As ComQiation Se_crem
(Co rpyati O.Il,_S e a I)
B·
Lenny Currv as Ma~or
AGENDA ITEM 116A
AUGUST 24,20 15
The te rms and provi sion s of this Agreement ar e fully authorized under State~te and
loca l law. This Agree ment pro vid es full lega l authority for the eoflsolidated City of
Ja ckso nvill e to undertake, or assist in undertakin g, essen ti al co mmunity development
a nd hou sin g assistan ce activities, specifica lly urban re newal a nd publicly-assisted
housing .
Loree L. Frenoh
Sapdra Stockwell
Offi ce of General Counsel
Cjty of Jackson y!Ue
G:lFioallca..&...C.om llanca\LegallMise1Joterlocal.Agreement-.AUaJ1li.c...6eachv 1 "dgc
eXH IBIT A
1Q
AGENDA ITEM #GA
AUGUST24, 20 15
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