Loading...
HomeMy WebLinkAboutReso 2023-3543RESOLUTION NO. 2023 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CO-OPERATION AGREEMENT WITH, AND THE PARTICIPATION IN, MIAMI-DADE COUNTY'S ENTITLEMENT JURISDICTION FOR THE PURPOSES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SHELTER GRANT, AND HOME INVESTMENT PARTNERSHIPS PROGRAMS FOR FISCAL YEARS 2024-2026; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING THE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County ("County") participates in various grant programs that are administered by the United States Department of Housing and Urban Development ("HUD") as part of the County's jurisdiction; 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 developing viable urban communities, which program regulations are published 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, which program regulations are published at 24 CFR Part 92; and WHEREAS, the Emergency Shelter Grant ("EST) Program is authorized by the McKinney- Vento Homeless Assistance Act, as amended, which program regulations are published at 24 CFR Part 576; and WHEREAS, HUD requires the City of Sunny Isles Beach ("City") to enter into a Co - Operative Agreement with the County to participate in the County's jurisdiction for Federal Funds for each three (3) year qualification period; and WHEREAS, the City Commission finds it to be in the best interest of the City to co- operate as an Urban County Joint Entitlement Recipient in administration of CDBG, ESG, and HOME. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Miami -Dade County to co-operate as an Urban County Joint Entitlement Recipient in administration of the Community Development Block Grant Program, the Emergency Shelter Grant Program, and the Home Investment Partnerships Program. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. @BCL@CCOBB88D.doc Page 1 of 2 284 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 17th day of AugSKt 2 Larisa SveChin, Mayor APPR VED AS TO FORM AT^EJ� n /� AND LOEGAL SUFFICIENCY: Maurlcio'Betancur, CMC, City Clerk Aop—;;�t- - /I . - - Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:�IZ6: %Z ZSeconded by: ` 1 Vote: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant Commissioner Viscarra (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) @BCL@CCOBB88D.doc Page 2 of 2 285 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 CITY OF SUNNY ISLES BEACH 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 the City of Sunny Isles Beach, hereinafter referred to as "City" and having offices at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 and telephone number of (305) 947-0606, 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 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 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 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, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 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. If 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 if the State allows.); 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 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 City cannot terminate or withdraw from this Agreement while the Agreement remains in effect. 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, 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. The County and City agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. 2 The County and City shall take all actions necessary to assure compliance with the County's certification under section 104(b) of Title I of the Housing and Urban Development Act of 1974, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will affirmatively further fair housing. The County and City shall comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws. The County and City are obligated to sign the assurances and certifications in HUD -424-B. 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. The City acknowledges that the County has final responsibility and authority for selecting CDBG (and, where applicable, HOME and ESG) activities 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 570.501(b), 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 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. 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. 18. The County and City agree that neither the County nor the City shall sell, trade, or otherwise transfer all or any such portion of the Federal Funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG 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 Community Development Act of 1974, as amended. .19 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 2023. AWARDEE: MIAMI-DADE COUNTY CITY OF SUNNY ISLES BEACH BY: !0-A 1 BY: NAME: Stan Morris TITLE: City Manager NAME: TITLE: Chief Community Services Officer DATE: Auqust 4, 2023 DATE APPROVED AS TO FORM: ATTEST: BY: NAME: Melissa Gallo Juan Fernandez-Barquin CLERK OF THE COURT AND COMPTROLLER BY: TITLE: Assistant County Attorney DEPUTY CLERK DATE: Passed, Adopt and a roved this I� day of023 ATTEST BY: ( ign ture) MA01 lbw k-TAMW(Z Type or Print Name City Clerk OFS,UNNY ISLES BEACH: APPROVED S TO FORM: BY: ity Atto 4e AGREEMENT IS NOT VALID UNTIL SIGNED BY ALL PARTIES S�u�Y'SfFs City of Sunny Isles Beach 18070 Collins Avenue moi - AIT ,F. Sunny Isles Beach, Florida 33160 a 5..,... (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Susan Simpson, Deputy City Manager DATE: August 17, 2023 RE: Approval of Co -Operation Agreement with Miami -Dade County fo Entitlement Jurisdiction FY 2024-2026 RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Miami -Dade County (County) participates in various grant programs that are administered by the United States Department of Housing and Urban Development (HUD) as part of the County' jurisdiction. These programs include the Community Development Block Grant (CDBG), the Horn Investment Partnership Program (HOME), and the Emergency Shelter Grant (ESG). In order for the Cil of Sunny Isles Beach to participate with the County as a participating entitlement jurisdiction for these federal funds, the City and County must enter into a cooperation agreement. Once part of the County's entitlement jurisdiction, the City may apply for an allocation of CDBG, HOME, and ES funding through the County's annual competitive Requests for Application process. Any subsequent awarding would then be brought to the commission for approval. The qualification period for program funds are fiscal years 2024-2026. FUNDING SOURCE: There is no fiscal impact on this item. ATTACHMENTS: Resolution Agreement Item Number: 10Y 283 Memorandum MMoane Date: August 31, 2023 To: Morris Copeland Chief Community Services Officer From: Melissa Gallo Assistant County Attorney Subject: Urban Qualification Cooperation Agreement — City of Sunny Isles For your review and signature are three agreements from the City of Sunny Isles that is opting into the County's jurisdiction for the receipt of federal funding from the United States Department of Housing and Urban Development (HUD). Your signature is required on Page 5 of the Agreement. Following your execution, please contact Suzette Ottey of the County Attorney's Office at 305-375-1300, who will take the documents to the Clerk of the Board for attestation. Thank you. Melissa Gallo Melissa Gallo Assistant County Attorney _�---- n . SEP 0 5 2023 _......... _....__... __ i IRANW-D aD`� - YC7R RESOLUTION NO. 2023 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CO-OPERATION AGREEMENT WITH, AND THE PARTICIPATION IN, MIAMI-DADE COUNTY'S ENTITLEMENT JURISDICTION FOR THE PURPOSES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SHELTER GRANT, AND HOME INVESTMENT PARTNERSHIPS PROGRAMS FOR FISCAL YEARS 2024-2026; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING THE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County ("County") participates in various grant programs that are administered by the United States Department of Housing and Urban Development ("HUD") as part of the County's jurisdiction; 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 developing viable urban communities, which program regulations are published 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, which program regulations are published at 24 CFR Part 92; and WHEREAS, the Emergency Shelter Grant ("ESG") Program is authorized by the McKinney- Vento Homeless Assistance Act, as amended, which program regulations are published at 24 CFR Part 576; and WHEREAS, HUD requires the City of Sunny Isles Beach ("City") to enter into a Co - Operative Agreement with the County to participate in the County's jurisdiction for Federal Funds for each three (3) year qualification period; and WHEREAS, the City Commission finds it to be in the best interest of the City to co- operate as an Urban County Joint Entitlement Recipient in administration of CDBG, ESG, and HOME. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Miami -Dade County to co-operate as an Urban County Joint Entitlement Recipient in administration of the Community Development Block Grant Program, the Emergency Shelter Grant Program, and the Home investment Partnerships Program. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. @BCL@CCOB888D.doc Page 1 of 2 284 Section 3. Authorization of City Manager, The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 17`f' day of AugyZ't 2023 A MauOcio'Betanc4, CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: dAl - - fa Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by;(),�i'/� /Ft's �� Seconded by: Vote: Mayor Svechin (Yes)(No) Vice Mayor Joseph (Yes) (No) Commissioner Lafma ' Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@CC08888D.doc Page 2 of 2 285 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 CITY OF SUNNY ISLES BEACH 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. 111 Court, 141h Floor, Miami, Florida 33136, hereinafter referred to as "County", and the City of Sunny Isles Beach, hereinafter referred to as "City" and having offices at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 and telephone number of (305) 947-0606, 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 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 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 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, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 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. If 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 if the State allows.); 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 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 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, 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. The County and City agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. The County and City shall take all actions necessary to assure compliance with the County's certification under section 104(b) of Title I of the Housing and Urban Development Act of 1974, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing reaulations at 24 CFR Part 100, and will affirmatively further fair housing. The County and City shall comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws. The County and City are obligated to sign the assurances and certifications in HUD -424-13. 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. The City acknowledges that the County has final responsibility and authority for selecting CDBG (and, where applicable, HOME and ESG) activities 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 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 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 570.501(b), 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 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. 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. 18. The County and City agree that neither the County nor the City shall sell, trade, or otherwise transfer all or any such portion of the Federal Funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG 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 Community Development Act of 1974, as amended. IN WITNESS THEREOF, the parties hereto have caused this five (5) page contract to be executed by their undersigned officials as duly authorized, this 10- day of AWARDEE: MIAMI-DADE COUN CITY OF SUNNY ISLES BEACH BY: � , BY: NAME: Stan Morris TITLE: City Man DATE: August 4. 2023 APPROV AS TO FORM: BY: NAME: _Melissa Gallo TITLE: Assistant County Attorney. DATE: NAME: Morw s CU, QnA TITLE: Chief Community Services Officer DATE: 9!5-12025 ATTEST: Juan Fernandez-Barquin CLERK OF - HEC UR AND CO BY:(�/� UTY CLERK Olga Valverde - e18183 Passed, Adopt anda roved this 11# day of023 U 92 ATTEST,1 `1'1 ,a n ,t / BY: re) Mh t w &--TAMW2 Type or Print Name City Clerk OFS,UNNY ISLES BEACH: May APPROVED S TO FORM: BY. ity Atto e AGREEMENT IS NOT VALID UNTIL SIGNED BY ALL PARTIES 5