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R2020-50 Amendment to Interlocal Agreement with PBC for Urban County ProgramRESOLUTION 2020-50 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH PALM BEACH COUNTY FOR PARTICIPATION IN THE URBAN COUNTY PROGRAM; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach currently participates in the Palm Beach County Urban Grant Program ("Program") whereby the Village and its residents are eligible to receive Community Development Block Grant Program, Emergency Solution Grant and Home Investment Partnership Program funds pursuant to an Interlocal Agreement executed in 2014; and WHEREAS, the Village's continued participation in the Program requires the execution of an Amendment to the Agreement; and WHEREAS, the Village Council determines that the execution of the Amendment is in the interest of the public health, safety and welfare. 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 approves an Amendment to the Interlocal Cooperation Agreement with Palm Beach County for participation in the Urban Grant Program, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the Village. Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 20TH DAY OF AUGUST, 2020. (Village Seal) MAYOR ATTEST: VILLAGE' LERK Department of Housing & Economic Sustainability Strategic Planning 100 Australian Avenue - Suite #500 West Palm Beach, FL 33406 (561) 233-3600 www.pbcgov.com/hes Palm Beach County Board of County Commissioners Dave Kerner, Mayor Robert S. Weinroth, Vice Mayor Hal R. Valeche Gregg K. Weiss Mary Lou Berger Melissa McKinlay Mack Bemanl County Administrator Verdenia C. Baker "An Equal Opportunity Affirmative Action Employer" September 16, 2020 Mr. Andy Lukasik, Village Manager Village of North Palm Beach 501 US Highway One North Palm Beach, FL 33408 Dear Mr. Lukasik: On August 25, 2020, the Board of County Commissioners (BCC) executed an amendment to the interlocal participation agreement (R2020-1216) with the Village of North Palm Beach as part of the Urban County Qualifying Process for Federal Fiscal Years 2021-2023 (October 1, 2021 - September 30,2024). Under this Agreement the Village of North Palm Beach agreed to participate with the County in the Urban County Program for purposes of certain U.S. Department of Housing and Urban Development (HUD) funding programs. For your records, enclosed is an original copy of the executed amendment. If you have any questions, please contact Carlos Serrano, SPO Director, at (561) 233-3608 or Clement Clarke, Principal Planner, at (561) 233-3622. Sincerely, athan B. Brown, Director Department of Housing and Economic Sustainability Enclosure cc: Sherry Howard, Deputy Director, HES Carlos Serrano, SPO Director, HES Clement Clarke, Principal Planner, HES R2020 1216 AMENDMENT 001 TO THE AGREEMENT WITH VILLAGE OF NORTH PALM BEACH Amendment 001, effective as ofd 2 5 2020 , by and between Palm Beach County (County), and the Village of North Palm Beach (Municipality). WITNESSETH: WHEREAS, Palm Beach County entered into an Interlocal Cooperation Agreement (R2014-1163) (the "Agreement") with the Village of North Palm Beach on August 19, 2014, to formalize the Village of North Palm Beach's participation in the urban county qualification process for Federal Fiscal Years 2014, 2016, and 2017; and WHEREAS, the Agreement is renewable every three years and is now due for renewal; and WHEREAS, the Department of Housing and Urban Development (HUD) has expressed in its most recent Instructions for Urban County Participation in Community Development Block Grant (CDBG) Program for FY 2021-2023 that all interlocal agreements should contain specific language regarding Section 3 of the Housing and Community Development Act of 1968; and WHEREAS, the Interlocal Cooperation Agreements between Palm Beach County and the municipalities participating in the urban county program did not contain this specific language; and WHEREAS, both parties desire to amend the Agreement approved on August 19, 2014, to comply with HUD's requirements. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and various other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: The foregoing recitals are true and correct and incorporated herein by reference. Terms not defined herein shall have the same meaning as ascribed to them in the Agreement. A. DELETE THE FOLLOWING CLAUSE 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. B. REPLACE DELETED CLAUSE WITH REVISED CLAUSE 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, Section 3 of the Housing and Urban Development Act of 1968, 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 Page 1 of 2 jurisdiction or should the Municipality impede the County's actions to comply with the County's fair housing certification. IN WITNESS HEREOF, the Municipality and the County have caused this Amendment 001 to be executed on the date first written above: (Mi lCIPAL9F-AL BELOW) =c9; FLORIDA .. ATTEST: B e sica Green, Village Clerk VILLAGE OF NORTH PALM BEACH, a municipality duly organized and existing by virtue of the laws of the State of Florida By: Susan Bickel, Mayor By: Andy Lukasik-,virage Manager (COUNTY SEAL BELOW) PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS ATTEST: SHARON ��'i'GK, " V''4, By: p --i Clerk & Comptrolle.: BE,t''% Dave Kerner, Mayor t� OUNTYy I 82020 1216 By :;�_= Document No.: eputy Clerk +110".•.... ...•'c��?= AUG 2 5 2020 Approved as to Form and Legal Sufficiency Approved as to Terms and Conditions Dept. of Housing and Economic Sustainability By: By: {c9 Howard J. Falcon, III, Sherryward Chief Assistant County Attorney Deputy�ect r Page 2 of 2