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2014-40 Interlocal Agreement with PBC for Urban County ProgramRESOLUTION 2014 -40 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, HOME INVESTMENT PARTNERSHIP PROGRAM AND EMERGENCY SOLUTIONS GRANT 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 "), Emergency Solutions Grant ( "ESG ") and Home Investment Partnerships Program ( "HOME ") 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 Urban County 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 JUNE, 2014. (Village Seal) ATTEST: VILLAGE CLERK L". � �- a,�, MAYOR 0�0' - INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND VILLAGE OF NORTH PALM BEACH THIS AGREEMENT made and entered into on AUG 19 2,0`14 , 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 and existing by virtue of 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) Program, Emergency Solutions Grant (ESG) Program and Home Investment Partnerships (HOME) Program activities within their jurisdictions, 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, Title I of the Housing and Community Development Act of 1974, as amended, mandates 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, such interlocal cooperation agreements are also required to implement the HOME Program under Title II of the National Affordable Housing Act of 1990, as amended, and the ESG Program under the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act); and WHEREAS, the County desires to join with the Municipality in order to carry out the planning and professional services necessary to implement the CDBG, ESG and HOME Programs during Federal Fiscal Years 2015, 2016 and 2017, and during subsequent Federal Fiscal Years; and WHEREAS, the County and the 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 (HUD); and WHEREAS, the Municipality desires to cooperate with the County for the purpose of implementing the CDBG, ESG and HOME Programs; and WHEREAS, the governing bodies of the County and the Municipality have each authorized this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: This Agreement covers the CDBG, ESG and HOME Programs and pertains to funds that the County is qualified to receive from HUD under said Programs for Federal Fiscal Years 2015, 2016 and 2017 which cover the three -year urban county qualification period beginning on October 1, 2015, and ending on September 30, 2018 (hereinafter the "Qualification Period "). This Agreement shall remain in effect until the CDBG, ESG and HOME funds and program income Village of North Palm Beach received (with respect to activities carried out during the Qualification Period and during any subsequent three -year qualification periods covered by any renewal of this Agreement) are expended and the funded activities are completed. Neither the Municipality nor the County may terminate, or withdraw from, this Agreement while it remains in effect. 2. This Agreement shall be automatically renewed for a three -year qualification period at the end of the Qualification Period and at the end of each subsequent qualification period unless either party provides the other party a written notice in which it elects not to participate in a new qualification period. If such notice be given, the party electing not to participate shall also send a copy of the written notice to the HUD field office with jurisdiction over the County. The County shall, by the date specified in HUD's Urban County Qualification Notice for the next qualification period, notify the Municipality in writing of its right not to participate, and the County shall provide a copy of such written notice to the HUD field office with jurisdiction over the County by the date specified in the Urban County Qualification Notice. 3. While this Agreement is in full force and effect, during the Qualification Period and during any subsequent three -year qualification periods covered by any renewal of this Agreement, the County and the Municipality agree to amend this Agreement to incorporate any changes necessary to meet the requirements for cooperation agreements as set forth by HUD in its Urban County Qualification Notices applicable to all subsequent three -year qualification periods, and to provide HUD such amendments as provided in the Urban County Qualification Notices. Failure to comply with the aforesaid shall void the automatic renewal of this Agreement. 4. The Municipality, by executing this Agreement, understands that: (a) It may not apply for any grants from appropriations under the State of Florida CDBG Program for fiscal years during the period in which it participates in the County's CDBG Program. (b) It may receive a formula allocation under the HOME Program only through the County. Even if the County does not receive a HOME formula allocation, the Municipality understands that it may not receive HOME Program funds from a HOME consortium with other local governments. This, however, does not preclude the County or the Municipality from applying to the State of Florida for HOME Program funds if the State of Florida so allows. (c) It may receive a formula allocation under the ESG Program only through the County. This, however, does not preclude the County or the Municipality from applying to the State of Florida for ESG Program funds if the State of Florida so allows. 5. This Agreement is contingent upon the County's qualification as an "urban county" under the CDBG Program as determined by HUD, as well as HUD's award of funds under the CDBG, ESG and HOME Programs. 6. The County and the Municipality agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. The County and the Municipality also agree to cooperate to enable the County to expend CDBG, ESG and HOME Program funds on eligible activities within the Municipality's jurisdiction during the Qualification Period and during any subsequent qualification periods covered by the renewal of this Agreement. 7. The Municipality shall assist and cooperate with the County in the preparation of the HUD required Consolidated Plan for the use of CDBG, ESG, and HOME Program funds. The County shall prepare the Consolidated Plan application and other necessary documents, and shall take full responsibility and assume all obligations as the applicant. The County and the Municipality agree to comply with said Consolidated Plan and implement activities as outlined in the Action Plan approved by HUD for the use of CDBG, ESG, and HOME Program funds. The 2 Village of North Palm Beach County and the Municipality agree that the County is hereby permitted to undertake or assist in undertaking essential community development and housing assistance activities within the Municipality's jurisdiction. 8. The County, through its Department of Economic Sustainability, shall assist the Municipality in undertaking all professional and administrative services necessary for the purposes of implementing activities of the CDBG, ESG and HOME Programs, including preparation of all applications and other necessary documents, planning and other administrative activities, as required. 9. 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. 10. The Municipality may not sell, trade, or otherwise transfer all or any portion of CDBG Program funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG Program funds in exchange for any other funds, credits or non - Federal considerations, but must use such CDBG Program funds for activities under Title I of the Housing and Community Development Act of 1974, as amended. 11. The Municipality and the County shall take all actions necessary to assure compliance with the County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing. The Municipality and the County shall comply with Section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975), the Americans with Disabilities Act of 1990 and other applicable laws. The County shall not fund any activities in, or in support of, the Municipality should the Municipality not affirmatively further fair housing within its jurisdiction or should the Municipality impede the County's actions to comply with the County's fair housing certification. 12. The Municipality agrees that no person shall on the grounds of race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information, 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. 13. 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 the Municipality has adopted, and is enforcing, 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. 14. Palm Beach County has established the Office of Inspector General in Palm Beach County Code, Section 2 -421 - 2 -440, as may be amended. The Inspector General's authority includes, but is not limited to, the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the Municipality, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2 -421 to 2- 440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 3 Village of North Palm Beach 15. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and /or the Municipality. 16. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county or municipal officers. 17. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach County. 18. 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. (MUNICIPAL SEAL BELOW) ATTEST: By: Melissa Teal, Village Clerk (COUNTY SEAL BELOW) ATTEST: SHARON_-R�80_ 'CK;"- �3,��, Clerk & Comptro]JeCa By: fl& Deputy Clergy �,a'?- a= Approved as to Forri'i aa�„;,..���'� Legal Sufficiency VILLAGE OF NORTH PALM BEACH, a municipality duly organized and existing by virtue of the laws of the State of Florida By: _ Q_ rryl C. Au ey, Mayor By: '✓ I J es P. Kel q., Village Manager PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS C By: .J �. riscilla A. Taylor, May r Document No.: 'r< 2 0 1 4,.A �, 1 6 3 AUG 19 2014 Approved as to Terms and Conditions Department of Economic Sustainability By: By T mmy K. Fields, Chief Assistant County Attorney 4 w - � • V Village of North Palm Beach LEGAL CERTIFICATION BY PALM BEACH COUNTY As Legal Counsel for Palm Beach County, Florida, I hereby state that the terms and provisions of this Agreement entered into on ,- by and between Palm Beach County and Village of North Palm BeacK are Allly authorized under State and local law, and that the Agreement provides full legal authority for Palm Beach County to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. Tam i° Fie s, . ief Assistant County Attorney Pa Beach County, Florida