2011-22 Interlocal Agreement with PBC for Urban County Program•
RESOLUTION 2011-22
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
PARTNERSHIP 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 its 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 foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council hereby approves the Interlocal Cooperation Agreement with
Palm Beach County for participation in the County Urban Program, a copy of which is attached
hereto and incorporated herein, and authorizes 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 26th DAY OF MAY. 2011.
(Village Seal)
ATTEST:
VILLAGE CLERK
MAYOR
~~ _.
iNTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
The Village of North Palm Beach
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this
day of , 2011 by and between PALM BEACH COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as the "COUNTY", and ,The 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), Emergency Shelter Grant (ESG) Program, 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, 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 ESG
under the McKinney Vento Homeless Assistance Act of 1987; and
WHEREAS, the COUNTY desires to join with municipalities in order to carry out the
planning and professional services necessary to implement the CDBG, ESG and HOME
Programs during Federal Fiscal Years 2012, 2013, 2014; 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
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The Village of North Palm Beach
WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the
purpose of implementing the Community Development Block Grant, Emergency Shelter 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, ESG and HOME funds for eligible
activities within the MUNICIPALITY during Federal Fiscal Years 2012,
2013, 2014 (including program income generated from expenditure of
such funds) under Title I of the Housing and Community Development
Act of 1974, as amended, Title II of National Affordable Housing Act of
1990, as amended, and McKinney Vento Homeless Assistance Act of
1987, 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 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. 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
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The Village of North Palm Beach
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 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 2012, 2013, 2014; may not
participate in a HOME consortium except through the COUNTY; and
may not receive ESG funding from any other entity except the County;
but if allowed may apply to the State for funding under the State's ESG
and HOME Programs.
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-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 of Housing and Community
Development, shall assist the MUNICIl'ALITY in undertaking all
professional and administrative services necessary for the purposes of
implementing CDBG, ESG, 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.
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The Village of North Palm Beach
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, ESG, 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 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
Action Plan, which governs the expenditure of CDBG, ESG, and HOME
funds.
11. Pursuant to Ordinance No. 2009-049, Palm Beach County has established
the Office of the Inspector General, which is authorized and empowered
to review past, present, and proposed County agreements, contracts,
transactions, accounts, and records. All parties doing business with the
County and receiving County funds, including the MUNICIPALITY,
shall fully cooperate with the Inspector General. The Inspector General
has the power to subpoena witnesses, administer oaths, require the
production of records, and to audit, investigate, monitor, and inspect the
activities of the Agency, its officers, agents, employees, and lobbyists in
order to ensure compliance with this Agreement, and to detect waste,
corruption, and fraud.
12. The MUNICIPALITY agrees that no person shall on the grounds of race,
color, disability, national origin, religion, age, familial status, sex, sexual
orientation, marital status, or gender identity and expression be excluded
from the benefits of, or be subjected to discrimination under, any activity
carried out by the performance of this Agreement. Upon receipt of
evidence of such discrimination, the County shall have the right to
terminate this Agreement.
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The Village of North Palm Beach
13. This Agreement shall give the COUNTY authority to carry out activities
which will be funded from annual appropriations of CDBG, ESG and
HOME entitlement funds and program income through Federal Fiscal
Years 2012, 2013, 2014. The Agreement shall remain in effect until all
CDBG, ESG, and HOME funds and any program income received with
respect to activities carried out during the three-yeaz qualification period
are expended, and the funded activities aze completed, and that the
COUNTY and MUNICIPALITY may not terminate or withdraw from the
Agreement while it remains in effect.
14. 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, the McKinney Vento Homeless
Assistance Act of 1987, and the National Affordable
Housing Act of 1990, as amended.
15. Nothing contained herein shall be deemed to authorize the delegation of
the constitutional or statutory duties of the state, county or municipal
officers.
16. A copy of this Agreement shall be filed with the Clerk and Comptroller in
and for Palm Beach County.
17. Any prior agreements or contracts regazding the duties and obligations of
the parties enumerated herein aze hereby declared to be null and void.
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The Village of North Palm Beach
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials.
PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the State of Florida
By:
By
ATTEST:
SHARON R. BOCK, Clerk & Comptroller
Deputy Clerk
Approved as to Form and Legal Sufficiency:
Tammy K. Fields
Senior Assistant County Attorney
ATTEST:
~--
Jerk
(SEAL)
BOARD OF COUNTY COMMISSIONERS
By:
Karen Marcus, Chair
By:
Approved as to Terms and Conditions
Dept. of Housing & Community Development
Edward Lowery, Director
Housing & Community Development
The Village of North Palm Beach, a
municipality duly organized by the laws of
the State of Florida
Mayor
if applicable)
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The 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, Clerk & Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency:
By:
Tammy K. Fields
Senior Assistant County Attorney
ATTEST:
Clerk
By:
By:
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PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the State of Florida
BOARD OF COUNTY COMMISSIONERS
Karen Marcus, Chair
Approved as to Terms and Conditions
Dept. of Housing & Community Development
Edward Lowery, Director
Housing & Community Development
The Village of North Palm Beach, a
municipality duly organized by the laws of
the State of Florida
Mayor
Mana i applicable)
The Village of North Palm Beach
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials.
PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the State of Florida
ATTEST:
SHARON R. BOCK, Clerk & Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency:
By:
Tammy K. Fields
Senior Assistant County Attorney
ATTEST:
,~~G~~~~I Q-
Clerk
>___(SEAL)
By:
By:
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BOARD OF COUNTY COMMISSIONERS
Kazen Marcus, Chair
Approved as to Terms and Conditions
Dept. of Housing & Community Development
Edward Lowery, Director
Housing & Community Development
The Village of North Palm Beach, a
municipality duly organized by the laws of
the State of Florida
Mayor
Mana r 'applicable)
The Village of North Palm Beach
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials.
PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the State of Florida
ATTEST:
SHARON R. BOCK, Clerk & Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency:
By
Tammy K. Fields
Senior Assistant County Attorney
ATTEST:
Clerk
. ~~, (SEAL)
By:
By:
BOARD OF COUNTY COMMISSIONERS
Karen Marcus, Chair
Approved as to Terms and Conditions
Dept. of Housing & Community Development
Edward Lowery, Director
Housing & Community Development
The Village of North Palm Beach, a
municipality duly organized by the laws of
the State of Florida
Mayor
applicable)
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The 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.
Tammy K. Fields, Senior Assistant County Attorney
Palm Beach County, Florida
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PgyN~
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
May 27, 2011
Edward W. Lowery, J.D., Director
Palm Beach County Housing & Community Development
100 Australian Avenue, Suite 500
West Palm Beach, Florida 33406
RE: Participation in the Urban County Program from FY 2012-2014
Dear Mr. Lowery:
At its May 26, 2011 Regular Session, the Village Council of North Palm Beach adopted
Resolution 2011-22, 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 (CDBG), Home Investment
Partnerships (HOME) Program, and Emergency Shelter Grant (ESG) Program activities.
Enclosed is one original of the Interlocal Agreement and three original signature pages
executed by the Village of North Palm Beach, along with a certified copy of the resolution.
Please return one original agreement to my attention, after approval and execution by the
Palm Beach County Board of County Commissioners.
Should you need anything further in this regard, please don't hesitate to contact me.
Very truly yours,
d~~~ ~~~l~l~i
Melissa Teal, CMC
Village Clerk
Enclosures: Interlocal Cooperation Agreement (1)
Signature Pages (3)
Certified Resolution (1)
cc: NPB Community Development Dept.