2005-023 PBC Interlocal Agrmnt for CDBG & HOMERESOLUTION 23-2005
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.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 10th DAY OF MARCH, 2005.
AT'ITST:
VILLAGE CLERK
INTFRLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
VILLAGE OF NORTH PALM BEACH
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this day of
2005 by and between PALM BEACH COLTITY, a political subdivision of the State of
Florida, hereinafter referred to as the "COIINTI"', and VILLAGE. OF NORTEI PALI~1 BEACH, a
municipality duly organized by the laws of the State of Florida, hereinafter referred to as the
"?vIl iMCIPALITl'".
WHEREAS, the panics hereto have the conuuon power to perform Community Development
Block Grant (CDBG) and Home Investment Partnerships Program (HOME) activities within the
COLTITY, 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, known as the "Florida Interlocal Cooperation Act"
authorizes local governments to make the most efficient use of their powers by enabling them to 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 to 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 carry out the planning
and professional services necessary to implement the CDBG and HOME; Programs during Federal Fiscal
Years 2006, 2007, 2008; and
~'~'HEREAS, the COUNTY and MtiN[CIPALITY agree to cooperate to undertake or assist in
undertaking eommwiity renewal and lower income housing assistance activities; and
WHEREAS, the COCINTY and MUNICIPALITY wish to cooperate in the implementation of the
~~oals and objectives of the COCINTY'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:
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 2006, 2007, 2008 (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 Acts.
2. The COUNTI' 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 prepare a Co,~solidated Plan as
VILLAGE OF NORTH PALM BEACH
required by the U.S. Department of Housing and Urban Development (HUD). The COLw'T1' ~i~ill
undertake or assist in undertaking all professional and administrative sen~iccs necessary to prepare
said application and other neeessan~ documents, and the COUNTY tivil] auree to take full
responsibility and assume all obligations of an applicant. The COUNTY and the ~1L~~ICIPALITY
agree that the COUNTY is hereby allowed to undertake or assist in undertakin,* essential
community development and housing assistance activities within the MUMCIPAI_ITY; however,
the COUNTY has final responsibility for selectin, 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 nut use CDBG or HOME funds for activities in or in support of any
MUNICIPALITY that does not affirn~atively further fair housing within its own jurisdiction 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 for
grants under the Small Cities or State CDBG Programs from appropriations for Fiscal Years 2006,
2007, 2008; 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 in non-
~ iolent civil rights demonstrations; and a policyofenforcingapplicable 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 of Housing 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 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 an amount equal to the current fair market value (less any portion thereof
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VILLAGE. OE NORTH PALM BEACEI
attributable to expenditures of non-CDBG or non-HO;v1E funds) of the property by the
MUNICIPALITY.
In the ~ ~~. ent of a close-out or change of status of the MLTNiCIPALITY, 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 MUNICIPALITI' any program income
generated prior to or subsequent to said close-out, termination or change of status.
10. The COUNTY and the MI_TIICIPALITY will comply with the Consolidated Plan and the
irnplementing program as outlined in the Annual Consolidated Plan, which governs the expenditure
of CDBG and HOME funds.
l 1. 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 2006, 2007, 2008. The AEneement 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 temminate 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.
14. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach
County.
15. Any prior agreements or contracts regarding the duties and obligations of the parties
enumerated herein are hereby declared to be null and void.
Remainder of Page Intentionally heft Blank
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\'1LLAGE OF NORTH PAL'vl BF;\CH
IN WITNESS WHERF,OF, the parties hereto have caused this Agreement to he executed
ny their duly authorized officials.
ATTEST:
Sl IARON R. BOCK, Clerk & Comptroller
Bv:
Deputy Clerk
Appro~~ed as to Form and Legal
Sufficiency:
PALM BEACH COtiNTl', FLORIDA, a Political
Subdivision of the State of Rlorida
BOARD OF COUNTY COMMISSIONERS
By:
Tony Masilotti. Chairman
Approved as to Tenns and Conditions
Dep[. of Housing and Community Development
Bv:
Tammv K. Fields
Senior Assistant Cotmty Attorney
\"rTEST:
C I erk
SEAL)
By:
Elena'~4. Escovar, Manager
Planning ~t Economic Development
VILLAGE OF NORTH PALM BEACH, a
municipality duly organized by the laws of the
State of orida
Mawr
Manager Qf Applicable)
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VILLAG[ 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 le~~al authority for the
County to undertake, or assist in undertaking, community renewal and lower income housing assistance
activities.
Tammy K. Fields, Senior Assistant County Attorney
Palm I3each County, Florida
Kef SiQ004_OS~Urban Cnunt~ Qi~al~lC 1 20Utito0R F-ortn.~tpd