1999-028 CDBG & HOME Interlocal w/PBC
RESOLUTION NO. 28-99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF
IMPLEMENTING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
ACTIVITIES WITHIN THE VILLAGE OF NORTH PALM BEACH; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1 • The Village Council of the Village of North Palm Beach, Florida,
does hereby approve the Interlocal Cooperation Agreement between Palm Beach County
and the Village of North Palm Beach attached as Exhibit "A", which agreement is for the
purpose of implementing Community Development Block Grant (CDBG) and Home
Investment Partnerships Program (HOME) activities within the Village of North Palm
Beach.
Section 2• The Mayor and Village Clerk are hereby authorized and directed
to execute the Interlocal Agreement with the Board of Commissioners of Palm Beach
. County, Florida, set forth in Exhibit "A" for and on behalf of the Village of North Palm
Beach.
• ~i .per, This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 27th DAY OF MAY , 1999.
(Village Seal) ?! ~~
MAY R
ATTEST: - ~~
VILLAGE CLERK
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INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
' VILLAGE OF NORTH PALM BEACH
R99 15 49D
THIS WTERLOCAL COOPERATION AGREEMENT made and entered into this _ day
ofAUG E ~ ~~ , 1999, by and between PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as the "COUNTY", and VII.LAGE OF NORTH PALM
BEACH, a municipality duly organized by the laws of the State of Florida, hereinafter referred to as
the "MUNICB'ALITY".
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, it is mandated by Title I of the Housing end Community Development Act of
1992, 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 to implement HOME
under Title II of the National Affordable Housing Act of 1990; end
WHEREAS, the COUNTY desires tojoin with municipalities in order to tarty out the planning
and professional services necessary to implement the CDBG and HOME Programs during Federal
Fiscal Years 2000, 2001, 2002; and
WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist
in undertaking community development and housing assistance activities, specifically urban renewal
and publicly assisted housing; and
WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation
of the goals end 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 Block Grant and HOME Programs.
NOW, THEREFORE, the parties hereby agree as follows:
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1. The COUNTY ertd the MUNICIPALITY will cooperate so that the COUNTY may expend
CDBG and HOME Cunds for eligible activities within the MUNiC~ALITY during Federal
Fiscal Years 2000, 2001, 2002 (including program income generated from expenditure of such
funds) under Title I of the Housing snd Community Development Act of 1992 and Title II of
National Affordable Housing Act of 1990, and receive funds under these Acts.
2. The COUNTY and the MUMCIPALITY will cooperate to undertake, or assist in
undertaking, community renewal and lower income housing assistance activities, specifically
urban renewal end publicly assisted housing.
3. With the MUNICIPALITY'S assistance, the COUNTY will prepare 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 under the Housing
Vll.LAGE OF NORTH PALM BEACH
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and Community Development Act of 1992. The COUNTY and the MUNIC~ALITY agree
that the COUNTY is hereby allowed to undertake or assist in undertaking essential wmmunity
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 Aa of 1964, Title VIII oCthe Civil flights Act of 1968, 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.
5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply Cor
grants under the Small Cities or State CDBG Programs from appropriations for Fiscal Years
2000, 2001, 2002; and may not participate in a HOME consortium except through the
COUNTY.
6. The MUMCB'ALITY has adopted end 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 demonstrations within jurisdictions. The COUNTY
shall not use CDBG or HOME funds for activities in or in support of any MUNICIPALITY
that does not affirmatively further fair housing within its own jurisdiction or that impedes the
COUNTY'S actions to comply with its fair housing certification.
7. The COUNTY, through its Department of Housing and Community Development, shall
assist the MUNICIPALITY in undertaking all professional and administrative services
necessary for the purposes ofimplementing CDBG or HOME activities, including preparation
of all applications and other necessary documents, planning end other administrative activities,
as required.
8. Pursuant to 24 CFR 570.601(b), the MUNICIPALITY is subject to the same requirements
applicable to subrecipients, including the requirements for a written agreement described in 24
CFR 570.503.
9. The MUMCIPALITY 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 MUMCIPALITY. 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
after 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 en amount equal to the current fair market value (less any
portion thereof attributable to expenditures of non-CDBG or non-HOME funds) of the
VQ.LAGE OF NORTH PALM BEACH
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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 MLJNICtPALITY any
program income generated prior to or subsequent to said close-out, termination or change of
status.
10. The COUNTY and the MUNICBPALITY will comply with the Consolidated Plan and the
implementing program es outlined in the annual Consolidated Pian submission which governs
the expenditure of CDBG and HOME funds.
11. This Agreement shall give the COUNTY authority to carry out activities which will be
funded from annual appropriations of CDBG and HOME entitlement funds and program
income through Federal Fiscal Years 2000, 2001, 2002. The Agreement shall remain in effect
until all CDBG funds, HOME funds and any program income received 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 end Community Development Act of 1974.
13. Any prior agreements or contracts regarding the duties and obligations of the parties
enumerated herein are hereby declared to be null and void.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to bt
executed by their duly authorized otFcials.
ATTEST:
H. WILKEN, Clerk
CH COUNTY, FLORH)A, a Political
of the State of Florida
COUNTY COMMISSIONERS
Deputy
FORM AND LEGAL
Attorney
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lu
TTEST:
.(SEAL)
9 9 15 4 9 D Nx, E, ,yam
VII.LAGE OF NORTH PALM BEACH, a
municip duly organized by the laws of the State
of FI . ~ its /l n^
Manager (If Applicable)
W.LAGE OF NOR'['H PALM BEACH
i
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 sssist in undertaking essential community development and
ho i~ ce activities, ap ~i~Ily urban renewal and publicly assisted housing.
retas, Assistant County Attorney
County, Florida
Ref: S:\199199`OENBRAL\UCAORAIRO
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