HOME INVESTMENT PARTNERSHIP PROGRAM/AFFORDABLE HOUSING
(
.".
I
I
,
.
COOPERATION AGREEMENT
FOR
HOME INVESTMENT PARTNERSHIP ACT
HOME INVESTMENT IN AFFORDABLE HOUSING
THIS AGREEMENT, entered into this 3rd day of June ,
1993, by and between the City of Clearwater (herein called the
"city") and pinellas County, Florida (herein called the "County") ;
WITNESSETH THAT:
WHEREAS, the Cranston-Gonzalez National Affordable Housing
Act of 1990 (herein called the "Act") makes provisions whereby
urban counties may enter into cooperation agreements with certain
units of local government to undertake or assist in undertaking
affordable housing pursuant to the HOMES Investment Partnership
Act; and
WHEREAS, it is the desire of the parties that beginning in
Fiscal Year 1994 the County act in a representative capacity for
all cooperating members of local government and desires that the
County assume overall responsibility for ensuring that the
Consortia for the HOMES Program is carried out in compliance with
the requirements of this Act.
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
1. The City hereby authorizes the County to submit for and
receive HOMES funding from the United States Department of Housing
and Urban Development.
2. The city
HOME Investment
repayments.
hereby authorizes the County to establish a local
Trust Fund for receipt of HOMES funds and
3. The County and the city shall cooperate in the
implementation of the HOMES Program and shall cooperate in the
preparation of the consolidated Comprehensive Housing Affordability
Strategy (CHAS) by providing to the County that information needed.
The City will retain responsibility for those sections of the CHAS
required to be completed by entitlement communities, shall execute
and submit the required certifications, and shall prepare and
submit its plan for monitoring compliance with the CHAS.
4. The City shall be entitled to a pro rata portion of the
HOMES funding for eligible uses under the HOMES Bill and shall be
responsible for meeting the matching funds requirements. The city
and the county agree to provide from its share of funding the
required set aside funding for nonprofit agencies required by the
federal law. The funding shall be prorated according to the amount
which the federal government establishes for each participating
entitlement community in the consortium. If no entitlement amounts
are established for the participating cities of Clearwater and
Largo, funds for the participating cities shall be allocated on the
basis of 60% reserved for the City of Clearwater and 40% reserved
for the city of Largo, after the entitlement amount for pinellas
Cf!;~
!t~
(;:2)
,
'i'...... I I
"
.
County has been subtracted from the total consortium funding. If
a separate entitlement 1.S not available, the funds shall be
prorated based upon populations of the U. S. Department of Housing
and Urban Development for each jurisdiction.
5. The city shall have the right to reallocate its HOMES
funding to the County to be used outside the city limits when the
City is unable to use the funding due to lack of eligible projects
or matching resources. A schedule for reallocation shall be
mutually agreed upon to allow HOMES funding to be used before
reallocation by the U. S. Department of Housing and Urban
Development to jurisdictions outside pinellas County.
6. The City agrees that County or other cooperating local
government HOMES funds can be used within the city limits provided
such eligible HOME activities are consistent with the City's
adopted Comprehensive Plan. The County shall be responsible for
providing the matching funds unless such project is a joint project
desired by the City in which case the City shall share in providing
the matching funds.
7. The City and County shall enter into a written agreement
for each project pursuant to federal requirements governing the use
of HOMES funding, ensuring compliance with certifications and
federal requirements of HOMES such as affordability, repayment,
housing quality standards and other program requirements.
8. with reference to any program income generated from the
HOMES funds, federal regulations shall govern placement of HOMES
repayments into the local trust fund. The County shall, if
requested and to the extent possible, separately account for
repayments on city projects. Repayment on City projects shall be
available to the City for use on other approved HOMES activities.
9. The City does hereby agree to inform the county, in
writing, of any income generated by the expenditure of HOMES funds
received by the city, and that such program income must be paid to
the County for deposit in the Trust Fund or may be retained by the
city only if its use is defined in the separate agreement and
approved by the U. S. Department of Housing and Urban Development.
10. The city and county shall affirmatively further fair
housing.
11. The City and the County, as parties to the consortium,
agree that they shall direct all their activities, with respect to
the consortium, to the alleviation of housing problems in the State
of Florida.
12. The City and the County agree that each will save the
other harmless due to the negligent acts of its employees, officers
or agents, including volunteers, or due to any negligent operation
of equipment. The City and the County shall only be obligated to
defend and hold harmless the other under this Agreement to the
extent that each may be held liable under Chapter 768.28 of the
Florida Statutes, as it may be amended from time to time. This
section shall not be construed as waiving any defense or limitation
.
1k'
I
I
which either party may have against any claim or cause of action by
any person not a party to this Agreement.
13. This agreement shall be in effect through September 30,
1996,
14. The City and County agree that this Cooperation Agreement
may require modifications when final regulations on HOMES and CRAS
are provided by the U. S, Department of Housing and Urban
Development and will cooperate in executing a revised or amended
written Agreement acceptable to both parties.
IN WITNESS WHEREOF, the city and County have executed this
Agreement as of the date first hereintofore written.
.\1'\')
and
,
'.'" L
',', ," I ':~'_'I
>'ATTES'l':' I 0
t :;,~ ~ '-:_. .
'. l)ARLE~~. W~J?LAKER, CLERK
.... f9:':f.:,.~~e ?ir...~.,..'it~tC t
... . ,,,,.;/?J2
BYl," ~"L
.'! . ll,lPPuty Clerk
CITY
issioner
BY:
ATTEST: _
I '2)1,,0, r.
Clerk
Cynthia E. Goudeau
Counsel for each party does hereby state that ttl's Cooperation
Agreement is in accordance with State and local law and provides
full legal authority of the County to undertake or assist in
undertaking essential community development and housing assistance
activities. ~..
.'- ~x~~
~ " County ttorney
Kim Marie Mur 0
~
)
I
RESOLUTION NO. 93-142B
RESOLUTION APPROVING HOMES COOPERATION AGREEMENTS FOR
HOME INVESTMENT PARTNERSHIP IN AFFORDABLE HOUSING WITH
THE CITIES OF LARGO AND CLEARWATER
WHEREAS, The Cranston-Gonzalez National Affordable
Housing Act of 1990 (Act) makes provision whereby urban counties
may enter into HOMES cooperation agreements with the cities of
Largo and Clearwater (Consortia) to undertake or assist in
undertaking affordable housing pursuant to the Act; and
WHEREAS, the County acting in a representative capac~ty
for the Consortia will assume overall responsibility for ensurlng
the HOMES Program is carried out in compliance with the
requirements of the Act and the County and cities will prepare a
consolidated Comprehensive Housing Affordability Strategy (CHAS)
with each city retaining responsibility for those of the CHAS
requiring completion by them and shall execute and submit required
certifications; and
WHEREAS, each city will receive a pro rata share of the
funding and be responsible for meeting the matching Iunds
requirement of the HOMES Program and enter into a written agreement
for each project and have the right to reallocate its funding to
the county to be used outside the city limits if the cities are
unable to use the funding for lack of eligible projects or matching
resources; likewise, with each city's approval, county funds could
be used within city limits; and
WHEREAS, the program income generated from the projects
would be deposited into a Local Trust Fund established by the
county for other eligible projects in the cities or County;
NOW, THEREFORE, BE IT RESOLVED by the Board of county
commissioners of Pinellas County, duly assembled this 8th day
of June ,1993 does hereby enter into cooperation agreements
with the cities of Largo and Clearwater for participation in the
HOMES Program; and
BE IT FURTHER RESOLVED That the Chairman be authorized to
sign the HOMES cooperation agreements with the cities of Largo and
Clearwater on behalf of the Board of County commissioners, and that
the Clerk of the Circuit Court be authorized to-attest.
commissioner
Resolution and moved
Commissioner Todd
Parks
its
offered
adoption, which was
and upon roll call
the foregoing
seconded by
the vote was:
Ayes: Rainey. Tyndall. Todd, Parks and Seibert.
Nays: None,
Absent and not voting: None.
I
I
section 3.03. Powers and duties of the city manager.
The city manager shall:
(a) Appoint and, when the city manager deems it necessary for
the good of the city, suspend, demote or remove any city
employees or appointive administrative officers under the
city manager's jurisdiction provided for or under this
charter, except as otherwise provided by law. Such
appointment, suspension, demotion or removal shall be in
compliance with the civil service law and all applicable
rules and regulations of the city.
(b) Establish or discontinue any department, division or
:board in the administrative affairs of the city, subject
~to commission approval.
(_c.) Attend commission meetings and shall have the right to
take part in discussion but may not vote.
(d) See that all laws, provisions of this charter and acts of
the commission which are subject to enforcement by the
city manager or by officers subject to the city manager's
direction and supervision are faithfully executed.
(e) Prepare and submit to the commission in the form provided
by ordinance, the annual budget, a capital improvement
budget, and a projected capital improvement program for
a minimum five-year period.
(f) Submit to the commission and make available to the public
a comprehensive report on the finance and administrative
activities of the city as of the end of the fiscal year,
In addition to the comprehensive report, the city manager
shall submit a quarterly financial report.
(g) Make such other reports as the commission may require
concerning the operations of city departments, offices
and agencies subject to the city manager's direction and
supervision,
(h) Keep the commission fully advised as to the financial
condition and future needs of the city and make such
recommendations to the commission concerning the affairs
of the city as the city manager deems desirable.
(i) sign contracts on behalf of the city pursuant to the
provisions of appropriations ordinances,
(j)
Develop and keep
shall set forth
procedures of the
current an administrative code which
the organizational and operational
city government.
I
I
section 2.05. Mayor-commissioner, functions and powers.
The mayor-commissioner shall preside at all meetings of the
commission, perform such other duties consistent with the office
as may be imposed by the commission and this charter and shall
have a voice and a vote in the proceedings of the commission, but
no veto power, The mayor-commissioner may use the title of mayor
in any case in which the execution of legal instruments in
writing or other necessity arising from the general laws of the
state of Florida, the statutes or executive orders of the
government of the United states, or this charter so require; but
this shall not be considered as conferring upon the mayor-
commissioner administrative duties except as required to carry
out the responsibilities stated in this charter. The mayor-
commissioner shall be recognized as the official head of the city
by the courts for the service of process, by the governor for
purposes of military law, and for all ceremonial purposes.
At the second commission meeting in April of each year, the
commission shall elect one of its members as vice-mayor. The
vice-mayor shall act as mayor~commissioner during the absence or
inability of the mayor-commissioner to perform the duties of the
office of the mayor.
(Ord. No. 4768, ~ 1, 1-19-89/3-14-89)
I hereby ~~rJify cliat- this is a true and
correc:J;:-copy ()[ the::QFig;iml as it
a;ppea_I'S. in the ~r~of1he GL~y of
Cle.a~~wateT.: vVltrless--lhy_.hrand and
off1C~ seal of 1il1(~:...-.~Y, or Clearwater.
l' . ~y of. . :'.:. ._~ 100.2
. ,4 !~~
I
I
LEGAL OPINION OF COUNSEL FOR PINELLAS COUNTY
REGARDING CONSORTIUM COOPERATION AGREEMENT
Counsel for Pinellas County, pursuant to Chapter 163, Florida
Statutes (1991) and the Pinellas County Home Rule Charter, as lead
entity for the consortium. hereby states that the terms and
provisions of the consortium agreement entered into on June 20, 1993
between Pinellas County and the Cities of Largo and Clearwater, are
fully authorized under State and local laws and said agreement
provides full legal authority for the consortium to undertake or
assist in undertaking housing assistance activities for the HOME
Program.
~~~..j'
County Attorney
L9'd.\-~~
Date
CAOVDE: 259/7
I
I
STATE OF FLORIDA
CERTIFICATION OF THE FINELLAS COUNTY,
CITY OF LARGO, AND CITY OF CLEARWATER CONSORTIUM
WHEREAS, the Cranston-Gonzalez National Affordable Housing
Act of 1990 makes provisions whereby urban counties may enter
into cooperation agreements with certain units of local
government to undertake or assist in undertaking affordable
housing pursuant to the HOMES Investment Partnership Act; and
WHEREAS, the County of Pinellas, city of Largo and City of
Clearwater, Florida, have stated that it is their desire
beginning in fiscal year 1992, to have the County act in a
representative capacity for all cooperating members of local
governments and that the County assume overall responsibility for
ensuring that a consortium of the HOMES Program is carried out in
compliance with the requirements of the Cranston-Gonzalez
National Affordable Housing Act of 1990; and
WHEREAS, pursuant to the authority of Cranston-Gonzalez
National Affordable Housing Act of 1990, the consortium entered
into between the County of Pinellas, cities of Largo and
Clearwater, Florida, serves as a program whereby the county of
Pinellas, cities of Largo and Clearwater, Florida will contribute
towards the alleviation of housing problems within the State of
Florida;
THE DEPARTMENT OF COMMUNITY AFFAIRS FOR THE STATE OF FLORIDA
HEREBY DULY CERTIFIES, based upon the Cooperation Agreements of
HOME Investment Partnership Act Home Investment in Affordable
Housing attached hereto as Composite Exhibit "A" and in reliance
I I
CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
Cynthia E, Goudeau, City Clerk
FROM:
Ginny M, Larcom, Community Development Department ~
SUBJECT:
Home Investment Partnerships Program
DATE:
August 25, 1993
For your records, we are attaching letter received from Darlene J. Kalada, Director of Pinellas
County Community Development, together with original of the fully executed Cooperation
Agreement for Home Investment Partnership Act, etc.
We trust this is satisfactory,
gml/enc10sures
RECEIVED
AUG 261993
CITY CLERK DEPT.
, .
I
I
BOARD OF COUNTY COMMISSIONERS
PINELLAS COUNTY, FLORIDA
COMMISSIONERS
COMMUNITY DEVELOPMENT
14 S. FORT HARRISON AVE.
SUITE 3050
CLEARWATER, FL 34616.5140 . .
PHONE: (813) 464-4851
FAX: (813) 464-4140
TOO: (813) 464-4479
CHARLES 'E. RAINEY - CHAIRMAN
BRUC,E TYNDALL --VICE CHAIRMAN
SALLIE PARKS;
STEVE SEiSERT.,
BARI?ARA SHEE;:N,TODD
. August 19, 1993
roJ[~ erg ~D \17 ~rm :.
UU "",,,. lJ'
L:~,~-~~~]JJjI
CITY OF CLEARWATER.
Ms. Carole L. Greiner
Assistant Planning and Development
Director
City of Clearwater
POst Office Box 4748
Clearwater, Florida 34618-4748
Dear. Ms. ~. .
HOME INVESTMENT PARTNERSHIPS PROGRAM
.FISCAt YEAR 1994 CONSORTIUM REQUALI-
FICATION APPROVAL
GRANTNO.M94-.DC-12-021?
PINELLAS COUNT~ CONSORTIUM
The U. S. Department of Housing and Urban Development (HUD)
reviewed the requalification documents of the Consortium fOr
completeness, content and legal authority and find them acceptable.
The Pinellas County Consortium is recognized as an approved
Participating Jurisdiction in the 1994 HOME Program Year:
Attached is an original of the fully executed Cooperation Agreement
for. Home InvestmentPartne:tship Act/Home Investment in Affordable
Housing for the City of Clearwater with County Resolution 93~142B,
Powers and Duties of the City Manager, Mayor-Commissioner Functions
and Powers, the County 's. Legal Opinion Of Counsel for Pinellas
County Regarding Consortium Cooperation Agreement and State of
Florida Certification of the pinellas County, City of Largo, and
city of Clearwater Consortium. .
~incerely,
, .
\
;Yu(g~,y;.- ~
'~~.lene J.,. Ka.lada
Director
DJK/fv
Attachment
"Pinellas County isa~ Equal Opportunity Employer" . Member-Pinellas Partnership for a Drug Free Workplace
" ..
"" printed on recycled paper