2008-027 Community Development Block Grant RenewalRESOLUTION 2008-27
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
COOPERATION AGREEMENT WITH PALM BEACH COUNTY FOR
PARTICIPATION IN THE URBAN COUNTY PROGRAM TO ACCESS
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
INVESTMENT PARTNERSHIPS PROGRAM FUNDS; AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach currently participates in the Palm Beach County
Urban County Program whereby the Village and its residents aze eligible to receive Community
Development Program Block Grant ("CDBG") and Home Investment Partnerships ("HOME")
program funds; and
WHEREAS, the Village's continued participation in the Urban County Program requires the
execution of an Interlocal Cooperation Agreement with Palm Beach County, the agency
responsible for administering the funds and ensuring compliance with federal requirements; and
WHEREAS, the Village Council determines that the execution of the Interlocal Cooperation
Agreement and continued participation in the Urban County Program is in the best interests of
the Village and its residents.
• NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The Village Council hereby approves the Interlocal Cooperation Agreement with
Pahn Beach County for participation in the County Urban Program whereby the County
administers and implements CDBG and HOME program funds. A copy of the Agreement is
attached hereto and incorporated herein by reference.
Section 2. The Village Council authorizes and directs the Mayor and Village Clerk to
execute the Interlocal Cooperation Agreement on behalf of the Village.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 24th DAY OF APRIL, 2008.
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(Village Seal) U~, o ~ .~~~~
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MAYOR
• ATTEST:
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VILLAGE CLERK
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IlVTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
VILLAGE OF NORTH PALM BEACH
~ ~ ~ ®~ ~ ® ~ ~ JUN 1 7 cuud
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this _ day of
_, 2008 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter refetted
to as the "COUNTY"; and ,VILLAGE OF NORTH PALM BEACH a municipality duly organized by the laws of the
State of Florida, hereinafter referred to as the "MUNICIPALITY".
WHEREAS, the parties hereto have the common power to perform Community Development Block Grant
(CDBG) and Home Investment Partnerships Program (HOME) activities within the COUNTY, said common powers
being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and
WHEREAS, Section 163.01, Florida Statutes, lmown as the "Florida Interlocal Cooperation Act" authorizes
local governments to make the most efficient use of their powers by enabling them [o cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic,
population and other factors influencing the needs and development of local communities; and
WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1974, as amended,
that a county must enter into Interlocal Cooperation Agreements with municipalities in its jurisdiction for the purposes
of implementing CDBG activities within said municipalities; and
WHEREAS, these Interlocal Cooperation Agreements are also required [o implement HOME under Title II of
the National Affordable Housing Act of 1990, as amended; and
WHEREAS, the COUNTY desires to join with municipalities in order to cant' out the planning and professional
services necessary to implement the CDBG and HOME Programs during Federal Fiscal Years 2009, 2010, 2011; and
WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking
community renewal and lower income housing assistance activities; and
WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and
objectives of the COUNTY'S Consolidated Plan, as approved by the U.S. Department of Housing and Urban
Development; and
WHEREAS,•the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing
the Community Development Blocl< Grant and HOME Programs.
NOW, THEREFORE, the parties hereby agree as follows:
1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend
CDBG and HOME funds for eligible activities within the MUNICIPALITY during Federal
Fiscal Years 2009, 2010, 2011 (including program income generated from expenditure of
such funds) under Title I of the Housing and Community Development Act of 1974, as
amended, and Title II ofNational Affordable Housing Act of 1990, as amended, and receive
funds under these Acts.
2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in
undertaking, community renewal and lower income housing assistance activities.
3. With the MUNICIPALITY'S assistance, the COUNTY will prepaze a Consolidated Plan as
required by the U.S. Department of Housing and Urban Development (HUD). The
COUNTY will undertake or assist in undertaking all professional and administrative
services necessary to prepare said application and other necessary documents, and the
COUNTY will agree to take full responsibility and assume all obligations of an applicant.
The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to
undertake or assist in undertaking essential community development and housing assistance
activities within the MUNICIPALITY; however, the COUNTY has final responsibility for
selecting activities and annually submitting the Consolidated Plan to HUD.
4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure
compliance with the urban county's certification required by Section 104(b) of Title I
of the Housing and Community Development Act of 1974, as amended, including 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 other applicable laws. The COUNTY shall not use CDBG or HOME
funds for activities in or in support of any MUNICIPALITY that does not affirmatively
VILLAGE OF NORTH PALM BEACH
funds for activities in or in support of any MUNICIPALITY that does notaffirmatively
further fair housing within its ownjurisdiction or that impedes the COUNTY'S actions
to comply with its fair housing certification.
$. The MUNICIPALITY, by executing [his Agreement, understands that it may not apply
for grants under the Small Cities or State CDBG Programs from appropriations for
Fiscal Years 2009, 2010, 2011; and may not participate in a HOME consortium except
through the COUNTY.
6. The MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of
excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged innon-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 demonstrations
within jurisdictions.
7. The COUNTY, through its Department ofHousing and Community Development, shall
assist the MUNICIPALITY in undertaking all professional and administrative services
necessary for the purposes of implementing CDBG or HOME activities, including
preparation of all applications and other necessary documents, planning and other
administrative activities, as required.
8. Pursuant to 24 CFR 570.501(b), the MUNICIPALITY is subject to the same
requirements applicable to subrecipients, including the requirements of a written
agreement as described in 24 CFR 570.503.
9. The MUNICIPALITY shall be responsible for notifying the COUNTY of any
modification and/or change in the use of any real property (from that planned at the time
of acquisition or improvement, including disposition) acquired or improved in whole or
in part with CDBG or HOME funds that is within control of the MUNICIPALITY.
Notification of the COUNTY shall take place within ten (10) days of said modification
or change.
In the event that said real property as described above is sold, conveyed or transferred afrer the time of
acquisition and/or improvement, and said real property is sold, conveyed or transferred for usage which does
not qualify as eligible under CDBG or HOME regulations, the COUNTY shall be reimbursed in an amount
equal to the current fair market value (less any portion thereof amibutable to expenditures of non-CDBG or
non-HOME funds) of the property by the MUNICIPALITY.
In the event of a close-out or change of status of the MUNICIPALITY, termination of this Agreement, or
disposition and/or transfer of any property improved or acquired with CDBG or HOME funds, the COUNTY
shall be reimbursed by the MUNICIPALITY any program income generated prior to or subsequent to said
close-out, termination or change of status. "
10. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plan and
the implementing program as outlined in the Annual Consolidated Plan, which governs
the expenditure of CDBG and HOME funds.
11. This Agreement shall give the COUNTY authority to carry out activities which will 6e
funded from annual appropriations of CDBG and HOME entitlement funds and program
income through Federal Fiscal Years 2009, 2010, 2011. The Agreement shall remain
in effect until all CDBG funds, HOME funds and any program income received with
respect to activities carried out during the three-year qualification period are expended,
and the funded activities are completed, and that the COUNTY and MUNICIPALITY
may not terminate or withdraw from the Agreement while it remains in effect.
12. This Agreement is contingent upon the COUNTY'S qualification as an "urban county"
and award of funds under the Housing and Community Development Act of 1974, as
amended, and the National Affordable Housing Act of 1990, as amended.
13. Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of the state, county or municipal officers.
VILLAGE OF NORTH PALM BEACH
14. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm
Beach County.
1 S. Any prior agreements or contracts regarding the duties and obligations of the parties
enumerated herein aze hereby declared to be null and void.
VILLAGE OF NORTH PALM BEACH .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials.
ATTEST:
SHARON R. BOCK, CI
of the State of Florida
By:
Deputy
Approved as to Form and Legal
Sufficiency:
B mil/
y K. fields
Senior Assistant County Attorney
ATTEST:
duly
Clerk
(SEAL)
R 2 0 0 ~ 1® ~ ~ ~UI~ 17 2008
PALM BEACH COiJNTY, FLORIDA, a Political Subdivision
BOARD OF COUNTY COMMISSIONERS
By: ~~ ~~ ~° ~ii~:u2
Addie Greene, Chairperson
Approved as to Terms and Conditions
Dept. of Housing and Community Deg
By:
Edward Lowery, Duecto
Housing and Community
VILLAGE OF
organized
Mayor
PALMBEACH, amunicipality
State
Manager (If Applicable)
VILLAGE OF NORTH PALM BEACH
LEGAL CERTIFICATION BY PALM BEACH COUNTY
As Legal Counsel for Palm Beach County, I hereby state 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 to undertake,
or assist in undertaking, community renewal and lower income housing assistance activities.
mmy~. Fie s, Senior Assistant County Attorney -
Palm Beach County, Florida
Housing & Community
Development
160 Australian Avenue, Suite 500
West Palm Beach, FL 33406
(561)233-4600
Pax: (561)233-3651
www.pbcgov.com
^
Palm Beach County
Board of County
Commissioners
Addie Green, Chairperson
Jeff Koons, Vice Chair
Karen Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman, P.E.
"An Equnl Opparlunity
A~rmnlive Aclion Employer"
March 26, 2008
Mr. Jimmy Knight, Manager
Village of North Palm Beach
501 U.S. #1
North Palm Beach, Florida 33408
~[~0@'1~II~`~
L u
Re: Participation in the Urban County Program for Fl' 2009-20011
Dear Mr. Knight
I am writing this letter to solicit [he renewal of the Village of North Palm Beach's
participation in the Palm Beach County Urban County Program. This will enable your
municipality and your residents to continue to access Community Development Block
Grant (CDBG) and the Home Investment Partnerships (HOME) program funds as a part
of the Palm Beach County Entitlement Jurisdiction. These funds are generally targeted to
benefit persons/families who are deemed to be of low and moderate-income. Palm Beach
County Housing and Community Development (HCD) manages the administration of the
funds and ensures compliance with HUD guidelines. Activities eligible for funding include
(among others):
capital improvement projects
public services
economic development initiatives
emergency repairs to housing
mortgage subsidies for fust-time homebuyers
housing rehabilitation
To assist you in continuing access to these funds, I am enclosing your renewal Interlocal
Cooperation Agreement. In consideration of HUD's submission requirements, I
respectfully request [hat you schedule this item for consideration at your next commission
meeting. An HCD staff member is available [o attend to give a presentation and also [o
answer any questions. If HCD representation is requested required, please advise.
In order to renew your participation in [he Urban County
Program, the Village of North Palm Beach must notify HCD
and HUD, in writing, of the Village of North Palm Beach's
official decision to do so.
The municipality must also execute an Interlocal Cooperation
Agreement with Palm Beach County for a term of three (3)
fiscal years: FY 2009, 2010, and 2011.
HCD must also have evidence that the Village of North Palm
Beach Commission has authorized the Agreement. By way of
either a certified resolution or a certified copy of the minutes
from the meeting at which the agreement was approved. Either
document must be an original with the actual signatures and a
raised seal.
Please return:
Housing & Community
Development
160 Aushalian Avenue, Suite 500
Wes[ Palm Beach, FL 33406
(561) 233-3600
Fax: (561) 233-3651
www.pbcgov.com
^
Palm Reach County
Board of County
Commissioners
Addle Green, Chairperson
Jeff Koons, Vice Chair
Karen Marcus
Robert 1. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman, P.F.
One (1) executed and sealed
Agreement.
Three (3) executed signature pages.
Certified Resolution or Minutes
Interlocal Cooperation
These documents must be received no later than May 6, 2008 to allow for the Palm Beach
County Board of County Commissioners' timely approval and forwarding to HUD. One (1)
original Agreement will be returned [o you after approval and execution by the Board of
County Cormrtissioners.
If you have any questions, please contact Clement Clarke or Scott Schultz, at (561) 233-
3616.
Sincerely,
7
Edward W. L-otveiy, J.DQ Director
Housing and Community Development
Enclosures: Interlocal Cooperation Agreement (1)
Signature Pages (3)
cc: Shannon LaRocque, Assistant County Administrator, PBC
Elena M. Escovar, Planning & E.D. Manager, HCD
Clement C. Clarke, Principal Planner, HCD
Carlos R. Serrano, Senior Planner, HCD
Scott Schultz, Planning Assistant, HCD
Ref: 5:\2008_09\Urban County Qualification\2008 to 2011 Municipality Letter Forrn (ALL).wpd
"An Equn( Opporrtmily
Affirmntive Action Employer
THE VILLAGE OF
North Palm Beach
501 U.S. HIGHWAY 1 • NORTH PALM BEACH, FLORIDA 33408 • 561-841-3355 • FAX 561-881-7469
OFFICE OF THE VILLAGE CLERK
Apri125, 2008
Clement C. Clazke
Principal Planner
Palm Beach County Housing & Community Development
160 Australian Avenue, Suite 500
West Pahn Beach, Florida 33406
TiE: Participation in the Urban County Program from FY 2009-2011
Deaz Mr. Clazke:
At its April 24, 2008 Regular Session, the Village Council of North Palm Beach adopted
Resolution 2008-27, approving the Interlocal Cooperation Agreement with Palm Beach
County for participation in the County Urban Program whereby the County administers and
implements Community Development Block Grant and HOME program funds.
Enclosed is one original of the Interlocal Agreement and three original signature pages
executed by the Village ofNorth Palm Beach, along with a certified copy ofthe resolution.
Please return a copy to my attention, after execution by Palm Beach County.
Should you need anything further in this regazd, please don't hesitate to contact me.
Very truly yours,
d~~~o~ /~
Melissa Teal, CMC
Village Clerk
Enclosures: Interlocal Cooperation Agreement (1)
Signature Pages (3)
Certified Resolution (1)
cc: NPB Community Development Dept.
RESOLUTION 2008-27
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
COOPERATION AGREEMENT WITH PALM BEACH COUNTY FOR
PARTICIPATION IN THE URBAN COUNTY PROGRAM TO ACCESS
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
INVESTMENT PARTNERSHIPS PROGRAM FUNDS; AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach currently participates in the Palm Beach County
Urban County Program whereby the Village and its residents are eligible to receive Community
Development Program Block Grant ("CDBG") and Home Investment Partnerships ("HOME")
program funds; and
WHEREAS, the Village's continued participation in the Urban County Program requires the
execution of an Interlocal Cooperation Agreement with Palm Beach County, the agency
responsible for administering the funds and ensuring compliance with federal requirements; and
WHEREAS, the Village Council determines that the execution of the Interlocal Cooperation
Agreement and continued participation in the Urban County Program is in the best interests of
the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The Village Council hereby approves the Interlocal Cooperation Agreement with
Palm Beach County for participation in the County Urban Program whereby the County
administers and implements CDBG and HOME program funds. A copy of the Agreement is
attached hereto and incorporated herein by reference.
Section 2. The Village Council auEhorizes and directs the Mayor and Village Clerk to
execute the Interlocal Cooperation Agreement on behalfofthe Village.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 24th DAY OF APRIL 2008.
(Village Seal)'
I Y
~' 1 r
ATTEST:
G~~! (JC ~i~~
MAYOR
~~~~T
VILLAGE CLERK
This is a True Copy
IN WITNESS WHEREOF, I hereunto set my hand and
affix the seal oT the Village of N th Palm Beach,
Florida, this ~5~ day of ~~~! f~
A.D. 20®
Village Clerk