2002-032 Interlocal w/PBC for CDBG & HOME FundsRESOLUTION 32-2002
• A KESOLLI'170N OF THE. VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BI:ACI 1, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
7'O }sN7'ER INTO AN INTf'sRI.OCAL COOPERATION AGREEMENT WITH THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, ATTACI}E;D AS
EXI IIB1T "A", WHICH INTERLOCAL AGREEMENT ALLOWS PALM BEACH COUNTY 7'O
IsXl'IiND COMMUNITY ll}:VELOPMENT BLOCK GRANT AND HOME FUNDS FOR
1?I.IGIBI,E ACTIVITIES WITHIN THF. MUNICIPALITY DURING FF.DF.RAI, FISCAL. YEARS
2003, 2004, 2005 (INCLUDING PROGRAM INCOME GENERATED FROM EXPENDI7~URI'.
OF SUC} I FUNDS) UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT
AC7' OF ] 974, AS AMENDED, AND TITLE 11 OF NATIONAL AFFORDABLE HOUSING ACT
OI' 1990, AS AMENDED, AND RECEIVE FUNDS UNDER THESE ACTS; AND, PROVIDING
FOR AN EFFEC7'1 VE DATE.
I;}i 17' RESOLVED BY THIS VILLAGE COUNCIL OF NORTH PALM I3EACH, FLORIDA:
Section 1. 7'he Village Council of the Village ofNorth Palm Beach, Florida, does hereby approve
the hrierlocal Cooperation Agreement with the Board of County Commissioners of Palm I;each
County, Florida, attached as Exhibit "A", which Interlocal Agreement allows Palm Beach County
to expend Community Development Block Grant and Home funds for eligible activities within the
municipality during federal fiscal years 2003, 2004, 2005 (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 of the National A1Tordable Housing Act of 1990, as amended, and receive
funds under these Acts.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Interlocal
Cooperation Agreement with Board of County Commissioners of Palm Beach County set forth in
F,xhibit "A" for and on behalf of the Village of Norih Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED T}IIS 23rd DAY OF MAY, 2002.
(Vi;la€
•
A"I°17?I
R2002 1391
INT'ERIACAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
VII.LAGE OF NORTH PALM BEACH
• THIS INTERLOCAL COOPERATION AGREEMENT made end entered into this _ day of
AU6 2 02002 2002, by and between PALM BEACH COUNTY, a political subdivision of the State of
Florida, hereinafter referred 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 havc 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, end Chapter 163, Part
III, Florida Statutes; end
WHEREAS, it is mandated by Title I of the Housing end 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 to implement HOME under
Title B of the National Affordable Housing Act of 1990, as amended; and
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 2003, 2004, 2005; 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 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 Block Grant end 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 2003, 2004, 2005 (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
of National Affordable Housing Act of 1990, as amended, and receive funds under these Acta.
2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking,
- community renewal andlowerincomehousingassls[enceactivities,specificallyurbanrenewaland
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 inundettekingallprofessionalandadminisvativeaervicesnecessarytopropare
said application end other necessary documents, end the COUNTY will agree to take full
VILLAGE OF NORTH PALM BEACH
responsibility and assume all obligations of an applicant. The COUNTY and the MUNICll'ALITY
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 t09 of Title I of the Housing and Community Development
Acl 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 further (air housing within its ownjurisdiction or that
impedes the COUNTY'S actions to comply with its fair housing certification.
5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply (or
grants under the Small Cities orState CDBG Programs from appropriations for Fiscal Years 2003,
2004, 2005; 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 bylaw enforcement agencies within its jurisdiction against any individuals engaged innon-
violentcivil rights demonstrations; and a policyof enforcing applicable State and local laws against
physically baiting 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 of Housing and Community Development, shall assist
the MUNICIPALITY in undertaking all professional and administrative services necessary (or the
purposes of implementing CDBG orHOME activities, including preparation o(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 for a written agreement described in 24
CFR 570.503.
9. The MUIv7CIPALITY 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 after
the time o(acquisitionand/or improvement, and said real properly is sold, conveyed or transferred
(or 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
attributable to expenditures of non-CDBG or non-HOME funds) of the property by the
• MUNICIPALITY.
In the event of aclose-out or change of status of the MUNICIPALITY, termination of this
2
V ILLAGE OF NORTH PALM BEACH
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 subsequen[ to said close-out, termination or change of status.
]0. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plan and the
implementing program as outlined i n the Annual Consolidated Plan, which governs the expends turc
o(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 2003, 2004, 2005. 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 MUMC~ALITY 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 o(funds under the Housing and Community Development Act of 1974, as amended, and the
National Affordable Housing Act of 1990, as amended.
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 be executed
by their duly authorized officials.
ATTEST:
DOROTHY H. WIl.KEN, Clerk
Deputy Clerk
PALM BEACH COUNTY, FLORIDA, a Political
Subdivision of the Slate of Florida
BOARD OF COUNTY COMMISSIONERS
By:
Approved as to Form and Legal
Sufficiency:
By:
Tammy K. Fields
Pssi,rant County Attorney
AiTE_CT
C ern
(SEAL)
Warren H. Newell, Chairman
Approved as to Terms and Conditions
Dept. of Housing and Community Developmcnt
Edward W. Lowery, ].D., Manager
Planning Section
VILLAGE O NORTH PALM BEACH,a
municipals ly organized by the}yws of the
State of da //
Manager (If Applicable)
VILLAGE OF NORTH PALM BEACH
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.
I0. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plen end the
implementing program as outlined in the Annual Consolidated Plan, which governs the expenditure
of CDBG end HOME funds.
l 1. This Agreement shall give the COUNTY authoritytocarryout activities which will be funded
from annual appropriations of CDBG end HOME entitlement funds and program income through
Federal Fiscal Years 2003, 2004, 2005. The Agreement shall remain in effect until all CDBG
funds, HOME funds and any program income received are expended, end the funded activities are
completed, and that the COUNTY and MUNICIPALITY may not terminate or withdrew 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 emended.
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 be executed
by their duly authorized officials.
ATTEST:
DOROTHY H. WILKEN, Clerk
Deputy Clerk o`~ pv ~'" '
tL'•. l OR ID A
<'•.
~prov a o Fotm and a
f to m~~~~*..~W°'
mmy K. Fields
Assistant County Attorney
ATTEST:
Jerk
• (SEAL)
n
R2002 1391
PALMBEACH COUNTY, FLORIDA, a Political
Subdivision of the State of Florida
BOARD OF COUNT' ~' COMMISSIONERS
By: // AU6 l 0 tolls
Warren .Newell, Chairman
Approved as terms end Conditions
Dept, of. u 'ng and o unity evelopme
By:
Edward W. Lowe , J.D., Man er
Planning Section
VILLAGE OF NORTH ALM EACH, a
munlclp Iity duly organize by t laws of the
State lorida
Mayor
Manager (If Applicable)
3
VII.LAGE OF NORTH PALM BEACH
t t?O i. RTIF! AT'ION BY P t A• B A H O ii.""Y
• As Legal Counsel for Palm Beech County, I hereby state that the terms and provisions of this Agreement
are fully authorized under Sete and local law, and that the Agreement provides full legal authority for the
County to undertake or assist in undertaking essential community development end housing assistance
activitic~ pe ifically urban renewal and publicly assisteA housing.
my K. F' ~, Assistant County Attorney
Palm Bea ounty, Florida
air. s:~oot orsooi ortnwoca~ap~q.wPa
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