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.
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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