R2023-41 Amendment No. 2 to Interlocal Cooperation Agreement with Palm Beach CountyRESOLUTION 2023-41
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE
INTERLOCAL COOPERATION AGREEMENT WITH PALM BEACH COUNTY
FOR PARTICIPATION IN THE URBAN COUNTY PROGRAM; AUTHORIZING
THE MAYOR, MANAGER 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 first executed in 2014; and
WHEREAS, through the adoption of Resolution No. 2020-50 on August 20, 2020, the Village Council
approved an Amendment to the Agreement to ensure participation through Fiscal Year 2023, and the
Village's continued participation in the Program through Fiscal Year 2027 requires the execution of
Amendment No. 2 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 Amendment No. 2 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, Village Manager 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 All resolutions or parts of resolution in conflict with this Resolution are hereby repealed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.
THIS 17THDAY
.—
VILLAGE CLERK
RtO23 1001 JUL 112023
AMENDMENT 002 TO THE AGREEMENT WITH
VILLAGE OF NORTH PALM BEACH
Amendment 002, effective as of �j40,0 , by and between Palm Beach
County (County), and the Village of Nolrth Palm Beach (Municipality).
WITNESSETH:
WHEREAS, Palm Beach County entered into an Interlocal Cooperation Agreement
(R2014-1163) (the "Agreement") with the Municipality on August 19, 2014, to formalize
the Municipality's participation in the urban county qualification process for Federal
Fiscal Years 2014, 2016, and 2017, and amended August 25, 2020 (R2020-1216) (the
'Amendment"); and
WHEREAS, the Agreement is automatically renewed every three years at the end of the
qualification period and is now due for renewal; and
WHEREAS, the Amendment provided for revised specific language as requested by the
Department of Housing and Urban Development (HUD); and
WHEREAS, HUD has expressed in its most recent Instructions for Urban County
Participation in Community Development Block Grant (CDBG) Program for FY 2024-
2026 that all interlocal agreements should contain specific language; and
WHEREAS, the 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, and Amended 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, 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
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, and the implementing regulations at 24 CFR part 1, the Fair Housing Act,
and the implementing regulations at 24 CFR part 100, 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, and the implementing regulations at
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24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the
implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act,
and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975,
and the implementing regulations at 24 CFR part 146, 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 jurisdiction or should the Municipality impede the County's
actions to comply with the County's fair housing certification. The Municipality agrees to
sign the assurances and certifications in the HUD 424-B.
IN WITNESS HEREOF, the Municipality and the County have caused this Amendment
002 to be executed on the date first written above:
(MUNICIPAL SEAL BELOW)
FLORIDA
ATTEST: `�7'•.•,,,
(COUNTY SEAL BELOW)
ATTEST: JOSEPH ABRUZZO,
Clerk of the Circuit Court &Comptroller
By:
eputy Clerk
VILLAGE OF NORTH PALM BEACH, a
municipality duly organized and existing by
virtue of the laws of the State of Florida
By:
hucC� k
Huff, Ijage Manager
��023 101 �uLi�2oz3
PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the State of Florida
BOARD OF COUNTY COMMISSIONERS
By. � r � . � '•�
Gregg K��V9iss; Mayor
Document No.:
Approved as to Form and Approved as to Terms and Conditions
Legal Sufficiency Dept. of Housing and Economic,S/ustainability
By: By:
ow d J alcon, III, jq,(Sherry Howard
ChiefAgsistant County Attorney Deputy Director
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