1993-027 Interlocal Agreement with PBC for CDBG & HOME ActivitiesRESOLUTION N0.27-93
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, DIRECTING THE MAYOR AND
VILLAGE CLERK TO ENTER INTO AN INTERLOCAL COOPERATION
AGREEMENT WITH PALM BEACH COUNTY ATTACHED AS EXHIBIT "A"
FOR THE PURPOSE OF AUTHORIZING COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS
PROGRAM (HOME) ACTIVITIES WITHIN THE MUNICIPALITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach County is required to enter into
Interlocal Cooperation Agreements with municipalities in its
jurisdiction in order to implement Community Development Block
Grant (CDBG) and Home Investment Partnerships Program (HOME)
activities; and
WHEREAS, the Village Council is desirous of authorizing
Community Development Block Grant (CDBG) and Home Investment
Partnership Program (HOME) activities within the Village of North
Palm Beach.
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 with Palm Beach County attached as Exhibit "A" which
Agreement is for the purpose of authorizing 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 Cooperation Agreement with
Palm Beach County 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 9Qth DAY OF 3Up2 __._, 1993.
(VILLAGE SEAL)
MAYOR
ATTEST:
VILLAGE CLERK
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INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
VILLAGE OF NORTH PALM BEACH
89~ 6?.. ~
THIS INTERLOCAL AGREEMENT made and entered into this _._
day of ~Y'i08':iy~~ 1993, by and between PALM BEACH COUNTY,
a poi It ical subdivision of the State of Florida, hereinafter referred to
as the "COUNTY", and 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
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Community DevAlopment Block Grant (CDBG) 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
WHEf2EA5, it is mandated by Title I of the Housing and Community
development Act of 1992, that a county must enter into Interlocal
~ooperat ion Agreements with municipalities to its Jurisdiction for the
purposes of implementing COBG activities within said municipalities; and
WIiEREAS, these Interlocal Cooperation Agreements are also required
t.o 1mplemenL HOME under Title II of the National Affordable Housing Act of
1990; 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 1994, 1995, and
1996; and
WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to
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undertake or assist Tn undertaking community development and housing
assistance activities, specifically urban renewal and publicly assisted
housing; and
WHEREAS, the COUNTY and MUNICIPALITY xish to cooperate in the
implementation of Lhe goals and ob,lectives of the COUNTY'S Comprehensive
Hous ii9 Affordability Strategy, as approved by the U.S. Department cf
House ra artd Urban Development; and
WHEREAS, Lhe MUNICIPALITY desires to cooperate with the COUNTY for
the purpose of implementing the Community Development Block Grant and HOME
Programs.
INTERLOCAL COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 1994-1996
PAGE 2
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NOW, THEREFORE, the parties hereby agree as follows:
., 1 The COUNTY and the MUNICIPALITY will cooperate so that the
COUNTY may expend CDOG and HOME funds for eligible activities
within the MUNICIPALITY during Federal Fiscal Years 1994, 1995 and
1996 (Including program income generated from expenditure of such
funds) under Title I of the Housing and Community Development Act
of 1992, and Title II of National Affordable Housing Act of 1990,
and receive funds under these Acts.
2. The COUNTY and the MUNICIPALITY will cooperate to undertake
or a'31st in undertaking, community renewal and lower Income
housing ,assistance activities, spec iftcally urban renewal and
publicly assisted housing.
3.•' With the MUNICIPALITY'S assistance, the COUNTY will prepare a
CDBG Final Statement of Obtectlves and Protected Use of Funds, a
HOME Program Description, and a Comprehensive Housing
Affordability Strategy as required by the U.S. Department of
Housing and Urban Development (HUD). The COUNTY will undertake or
assist in under- taking 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 under the Nousing and
Community Development Act of 1992. 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 filing the Final Statement of Obtectives and Protected
Use of Funds and the HOME Program Description with HUD.
4. The MUNICIPALITY and the COUNTY will take all actions
necessary to ensure compliance with the urban county's certifi-
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cation required by Section 104 (b) of Title I of the Housing and
Community Development Act of 1974 as amended, including Title VI
of the C1v11 Rights Act of 1964, Title VIII of the C1vi1 Rights
Act of 1968, The Fair Housing Act, Section 109 of Title I of the
Nousing and Community Development Act of 1974, The Americans with
Disabilities Act of 1990, and other applicable laws.
INTERLOCAL COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 1994-1996
PAGE 3
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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 Ftsc81 Years 1994, 1995, and
1996; 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 ,lurtsdiction against any individuals engaged in
non-v1lAlent 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 sub,iect of ,
such non-violent civil rights demonstrations within their
,lurlsdiction. The COUNTY shall not use CDBG or HOME funds for
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activities in or in support of any MUNICIPALITY that does,not
affirmat the ly further fair housing within its own ,{urisdictton or
that impedes the COUNTY'S actions to comply with its fair housing
certification.
7. The COUNTY, through its Division of Housing and Community
Development, shall assist the MUNICIPALITY in undertaking all
professional and administrative services necessary for the
purposes of implementing COBG 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(6), the MUNICIPALITY is sub,iect to
the same requirements applicable to subreciptents, including the
requirements for a written agreement described to 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
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property (from that planned at the time of acquisition or improve-
ment, including disposition) acquired or improved 1n 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.
INTERLUCAL COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 1994-1996
PAGE 4
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In the event that said real property as described ebove is
Aso ld, Conveyed or transferred after the time of acquisition and/or
Improvement, and said real property is sold, conveyed or trans-
ferred 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 port ton thereof
attributable to expenditures of non-CDBG or non-HOME funds) of the
property by the MUNICIPALITY.
(~ 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 COBG 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 w711 comply with the Compre-
hensive Housing Affordability Strategy and the implementing
program as outlined in both the Community Development Block Grant
Final Statement of Ob,Iectives and Pro,Iected Use of Funds and the
HOME Program Description submitted to HUD.
11. 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 Eederal
Fiscal Year 1996. The Agreement shall remain to effect until all
CDBG, HOME funds and any program income received are expended, and
the funded activities are completed, and that the COUNTY and
MUNICIPALITY may not terminate 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.
INTERLOCAL COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 1994-1996
PAGE 5
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X13. 'Any prior agreements or contracts regarding the duties and
obligations of the parties enumerated hereto 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.
_ MUNICIPALITY
~.
(SEAL)
COUNTY
i
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
,o~~.~~ ~~~~~~
Asst ant County Attorney
ATTEST:
DOROTHY H. WILKEN, CLERK
By: ~i%~~%~ 4~
D putt' C1 rk
Ref:AGRICA.3YR/AO
DRP/nit 04/13/93
Mayor
City Manager (If Ap 1lcable
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF~OUNTY COhMISSIONERS
Mar, McCytty, Chair /
Board of County Commissioners
J
f.
(SEAL)
INTERLOCAL COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 1994-1996
PAGE 6
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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 essent lal community development and
housing assistance acitvlties, specifically urban renewal and publicly
assisted housing.
elds, Asst. County Attorney
County
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