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HomeMy WebLinkAboutResolution_41-01/02_05/16/2002RESOLUTION NO. 41 - 01/02 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A PROPOSAL FROM CHARLES S. WHITESIDE, INC. OF WEST PALM BEACH, FLORIDA, TO INSTALL A CONCRETE PATHWAY ALONG A SECTION OF RIVERSIDE DRIVE IN THE AMOUNT OF $33,245, HAVING A FY 2002 CAPITAL IMPROVEMENT FUND ALLOCATION OF $24,000 AND A PALM BEACH COUNTY REIMBURSEMENT ALLOCATION OF $16,622.50, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. NOW, THEREFORE, THE VILLAGE OF FOLLOWS: Section 1. Proposal from Beach, Florida, as Exhibit "A", Resolution is t the Village o applicable cont BE IT RESOLVED BY THE VILLAGE COUNCIL OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS The Riverside Drive Pathway Installation Charles S. Whiteside, Inc., of West Palm in the amount of $33,245, attached hereto incorporated by reference as part of this iereby approved, and the Village Manager of f Tequesta is authorized to execute the ract on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember R.~r-c~. , who moved its adoption. The motion was seconded by Councilmember JGh ~G.y~~c.-. and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION ~~ ~ y~c,c M ,~1-~- v~~y¢~l~ ~ ~~wt~~ ~-~~ The Mayor thereupon declared the Resolution duly passed and adopted this 16th day of May, A.D. 2002. Mayor of Tequesta a..~~.,~ Geraldine A. Genco ATTEST: ~~ Mary olcott Vill ge Clerk .Resolution\Pathway • Sent ~B'y'~: C S INHITESIDE INC; 561 471 9351 ; Apr-23-02 11 :09; Page 2!2 L' ~ac~ucT +~s EXHIBI°T nAn ~iil.lage df 774StJ i"„ '~ec~ue~Ca. ~',lo~'~,d~ 3~4~59~~t3 !' ..,:~. ~ ~~:~~~.+~ aPCHITEC f iSA7E Qr ~'k.4k3 ..~..., J6B PrfONE i , W9 hHt~sby submit speclficalt©~s; flYld ostimatge fer ~~~ ~.' ~ ~, ~.rtTan~r.~~~~~3.QE3 y }~ 29. ~~ch. _... ... ~. .V~~,?~~._,~o~..,A~.~u~,`~~a :............. ... ~ ~~~t~Q,;:; ..__ _. .. ~,., 435„{~.OQ .. 1 ]each Inlet. ,~d,~u~ta~,e,~~ ~~Q ~. ~'.... ~ "1~" .Curb ~i C~ ..~. ~ ,, . 63t? S..X.~... .....~ ....4.'~. Cot~erete ~':~:~~~~.... ........... :. _~_.,~~z~~'..,, .......... ....: f ...I~,~12!q.04 _~.r.30Q ~.Y Sod ~ 1 T~, 4~A~5.OC _C •......... 2Q4....J _~ F• I~riga~~.on..... .: ............................ ............ , C ,30.'x(3,::._ .. ~ I~D~3.Otii ..._.__ ...... ............._ . _ ..:..:. :~,33 ~4~.00 ~~~~~~ E ' -"-'Ire' ,. horn 82002 100 INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND VILLAGE OF TEQUESTA THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this day of ~~~' ~ ~ ~~' , 2002, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and VILLAGE OF TEQUESTA, 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 Community Development 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 WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1974, as amended, 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, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of the National Affordable Housing Act of 1990, as amended; 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 2003, 2004, 2005; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community development and housing assistance activities, specifically urban renewal and publicly assisted housing; 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; and WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Development Block Grant and HOME Programs. NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend CDBG and HOME funds for eligible activities within the MUNICIPALITY during Federal Fiscal Years 2003, 2004, 2005 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, and Title II of National Affordable Housing Ac+_ of 1990, as amended, and receive funds cinder these Acts. 2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will undertake or assist in undertaking 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. The COUNTY and the MUNICIPALITY 1 ' VILLAGE OF TE~UESTA . `- agree that the COUNTY is hereby allowed to undertake or assist in undertaking essential community development and housing assistance activities within the ML?IdICIPALITY; however, the COUNTY has final responsibility for selecting activities and annually submitting the; Consolidated Plan to HUD. 4. The MUNICIPALITY and the COITNTY will take all actions necessary to assure compliance with the urban county°s certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title ~I of the Civil fights Act of 1964, the Fair Housing Act, Section 109 of Title I of the I-Iousing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and other applicable laws, The COUNTY shall not use CDBG ar HOME funds for activities ire or in stiPport of an' MUNICIPALITY that does not affirmatively further fair housing within its own juri~ diction or'that impedes the C®UNTY'S actions to comply with its fair housing certification. 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 Fiscal Years '?003, 2004, 2005; and may not participate in a HOME consortium except through the COUNTYe 6. 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 i~n non- violentcivilrights 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 subject of such non- violentcivil rights demonstrations within jurisdictions. 7. The COUNTY, through its Department of Housing and Community Develolment, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the: purposes of implementing CDBG or HOME activities, including preparation of all applications and other necessary documents, planning and. other administrative activities, as required. 8: Pursuant to 24 CFIZ 570.501(b), the MUNICIPALITY is subject to the same requirements applicable to subrecipients, including the requirerents for a written agreement described in 24 CFR 570.503. 9. The MUNICIPALITY shall be responsible for notifying the CO~,?NTY of any modification and/or change in the use of any real property (from that planned at the time of acquisition or improvement, including disposition) acquired or improved in whole or in part with CDBG or • HOME funds that is within control of the MUNICIPALITY. Notification of the C(3UNTY shall take place within ten (10) days of said modification or change. In the event that said real property as described above is sold, conveyed or transferred after the time of acquisition and/or irrapaovement, and said real property is sold, conveyed or transferred for usage which does not qualify as eligible under CDBG or HOME regulations, the COLTI*dTY shall be reimbursed in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG or non-HOME funds) of the property by the MUNICIPALITY'. In the. event of aclose-out or change of status of the MUNICIPALITY, termination of this Agreement, or disposition and/or transfer of anyr property improved or acquired with CDBG or VILLAGE OF TEQUESTA HOME funds, the COUNTY shall be reimbursed by the MLTIVICIP~.LITY any program. income generated prior to or subsequent to said close-out, termination or change of status. 10. The COUNTY and the MUNICIPALITY will comply with the Consolidated flan and the implementing program as outlined in the Annual Consolidated flan, which governs the expenditure of CDBG and HOME funds, 11. This Agreement shall give the COUI~,TTY authority to carry out activities which will be funded from annual appropriations of CDBG and HOME entitlement funds and program income through Federal Fiscal Years 2003, 2004, 2005. The Agreement shall remain in effect until all CDBG funds, 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 witharaw from the Agreement while it remains in effect. 12. This Agreement is contingent upon the COUN'T'Y°S qualification as an °'urban county"' and award of funds under the Housing and Community Development Act of 1974, as amended,- and the National Affordable Housing Act of 1990, as amended. 13. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. Il°d WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. R200? i400 ATTEST: DOROTHY H. WILI~N, Clerk By: ~ Deputy Clerk PALMBEACH COUNT'~',1FLtJl~I)A, a Poiitieat Subdivision of the State of I±lc~rida -~~NT Y C'''~a,, BOARD OF y :u~~; __.~N Approved as Form and Legal Sufficie v: _ B COUNTY ~~; W o~. d.'•, FL 0 R ID A ' ~~ yP,,4 ~'•••.. _ ''a~ Approved ~~'"~<<~~~~~*.....~'~y Dept. of By: I~. Fields ssistant County Attorney ATTEST: a ~~F~ ~ , Clerk CO TY COMMISSIONl~RS ~ AUfi 2 02002 H. Newell, Chairman to Terms and Conditions sing any Cmu~y Develo gent Edward W. Lo'6very, J.D Planning Section VILLAGE Old TES STA, unieipality duly org~a by the laws ,.State of 1Florida (SEAL} ~ ' Manager (I ppli a ) ., ,~ r . ~ , .VILLAGE OF TEQI;JESTA • LEGAL CERTIFICATION BY PALM BEACI^I CONY 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 authorit}~ for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. ~. y gelds, Assistant County Attorney alm each County, Florida Ref: 5:1200 ] _02\2001 _02\UrbanCo~aam-parmrg. wpd • • '~ INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND VII,LAGE OF TEQUESTA THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this day of ~`~~' >~ ~ , 2002, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY°', and VILLAGE OF TEQUESTA, 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 Community Development 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 WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1974, as amended, 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, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of the National Affordable Housing Act of 1990, as amended; 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 2003, 2004, 2005; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community development and housing assistance activities, specifically urban renewal and publicly assisted housing; 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; and WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Development Block Grant and HOME Programs. NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend CDBG and HOME funds for eligible activities within the MUNICIPALITY during Federal Fiscal Years 2003, 2004, 2005 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, and Title II of National Affordable Housing Act of 1990, as amended, and receive funds under these Acts. 2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will undertake or assist in undertaking all professional and administrative services necessary to prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility,andasume all obligations of an applicant. The COUNTY and the MUNICIPALITY 1 VILLAGE OF TE(~UESTA agree that the COUNTY is hereby allowed to undertake or assist in undertakinf; essentsa S community development and housing assistance activities within the l~•IU~ICII' AL1T°~"; however-, the COUNTY has final responsibility for selecting activities and annuall~7 s7.~btxrittin~~ the Consolidated Plan to HUD. 4. The MUNICIPALITY and the COT.TN'Y'~t' will take all actions necessary to assure con~pliancc with the urban county"s certification required by :Section 104(6) of "1"itle 1 of the lousing ~n Community Development Act of 1974, as amended, including Title ~`I of the Civil T~i~hts Act caf 1964, the Fair Housing Act, Section 109 of "T"itle I of the 1-lotasing ant Community Developrnen~: Act of 1974, the Americans with Disabilities Act of 1990, and other applicable laws. ~'he COUNTY shall not use CD13G or ~1~JME funds for activities ir`: ar in sti,ppcsrt of an°,- MUNICIPALITY that does not affirmatively further fair housing within its o~vn jt~r~s ;diction o~- that impedes the COUNTY'S actions to comply with its fair housing ceg~:ificationo 5. The MUNICIPALITY, by executing this Agreement, understan~~s that it may not apply fo~- grants under the Small Cities or State CD13G Programs from appropriations fv~r Fiscal Fears '00~~ 2004, 2005; and may not participate in a HOME consortium except through the C.O~,~NT~'.. 6. The MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of excessi~re force bylaw enforcement agencies within its jurisdiction against any individuals er~~;age~d in non~a violent civil rights demonstrations; and a policy of enforcing applicable State; and local laws against physically barring entrance to, or exit frorri a facility or location which is the su6jer.°t cPa~ such rron- violent civil rights demonstrations within jtarisdictions. 7. The COUNTY, through its Department of~ I-Iousing and Community DeveloTarnent, shall assist the MUNICIPALITY in undertaking all prafessiortal and administrative services necessary for the purposes of implementing CD>3G or HOME activities, including preparation of all applications and other necessary documents, planning and other administrative activities, as requir~etl. 8: Pursuant to 24 CFP 570.501(6), the IvI~TNICIPALIT~' is subject to the same r`ecTt:irerrtent~s applicable to subrecipients, including the requir-erner~ts f~c>r a written agreement desi.riberl in 24 CFI 570.503. 9. The MLTNICIPALIT~' shall be responsible for notifying the COCTNTY of any tnodificatior~ and/or change in the use of any real property (from that planned at the time of acquisition or improvement, including disposition) acgtired or improved in whole or in part with CDEC_v or HOME funds that is within control of the MUNICIPALITY. I~~otif`ication of the COUNTY shall take place within ten (10) days of said modification or change. In the event that said real property a.s described above is sold, conveyed or transferred after the time of acquisition and/or improvement, and said real property is sold, etgrgveycd ar transferred for usage which does not qualify as eligible under CDBG or HOME regulations, thy: C(JUNT'"k` shall be reimbursed in an amount equal to the current fair rn~rket value (less any portion thereof attributable to expenditures of non-CDEG or non-HOME funds) of the property by the MTJI~ ICIPAI.,IT~'. In the eve,r~t of a close-out or change of status of the MIINICIPAL.I~'Y, termination of this :agreement, or disposition and/or transfer of any property improved or acquired with CDI3t~ or ,~; °~ILI.AGE OF TE~UESTA HOME funds, the COUNTY shall be reimbursed by the M~71_~lCl1~AT:ITY any prr.,rvrarra incorrse . generated prior to or subsequent to said close-out, termination or change of status. 10. The COUNTY and the 1l~IU1~TICIP:4.I.I'I'Y will corrsply with the Consolidated flan and tlae implementing program as outlined in the Annual Consolidated I'lart, which governv tl~e expenditure of CDI3G and HOId~ funds, 11. This Agreement shall give the COUl'~'TY authority to carry out activities rvhic.h will be funded from annual appropriations of C'D~C; and DOME entitlement funds arsd prograars income throu~l~~ Federal Fiscal Years 2003, 2004, 200. The Agreerrient shall rerr~ain in effect until all CDI3C funds, HOME funds and any program income received are expended, and the funded activities ar~_ completed, and that the COUNTY and MLJiVICI~AL.ITY may not tertrtinate or ~rithdra~~ frc_~rrs the Agreement while it remains in effect. 12. This Agreement is contingent upon the C(JLJ"r'I'Y"~ clualificatiort as ars "urban count,"" an~~ award of funds under the Hdusing and Conarnunity Developmey.t Act z~f 1 ~~'~i~, as a~mencied, and the rational Affordable 1=lousing Act of 130, as amended. 13. Any prior agreements or contracts regarding the duties and obligatiorss ~f tl~e parties enumerated herein are hereby declared to be null and void. I1~1 WITrESS 'VVIIEREOF, the parti°.s hereto ha~r~: caused this. r~~reernerrt tc~ Ise exw-cuted by their duly authorized officials. ._ d ~a .~ @ q ~ ~ ~ ~_~~ ATTEST: DOROTHY Il. WILKEr, Clerk BALM ~EAC~1 Cf:1LJ1~1'I"~'y F'I,t~1l~I1'~Aq ~ l~olitee;~l Sulbdivisiaa~ cif the Mate of I+lorida ~~~ ~i`~.i '~ ~, BOARD OF' CO T 1' COl~1~I i~Ig.?i~r~ R~ ~,. ~ ',. 7 ~.~ ~ ~' _~ Ali ~ ~~ ~y: ~ a a~` .by; _~_.~~~ Deputy Clerk ~ ~ ~ ~_ . ~ _ '~T,~ire I-I:. Newell, Clyairrrsan Approved as..t~ Form and I..egal Approved a.; to Terrrts and Conditiorss Sufficie~e' '~ ..- ~ ~~ Y ~ ~ ~` Dept. of klosz~~~ing app Cc~rnu~y T~evelcsrtrr,~nt E -~~ 'Tattirriy I~. Fields Assistant County Attorney AT"I'EST: ~ ~'l N d Clerk a3t,, ~, Edward ~`J. I..,oaiery, ., ~., Mariage,r planning Section ~ILLACYE DF TF+C~L~F~'CA, a~,.xt~~~ieipality duly orgz~d~by the laws €al' ti~~~tate of Florida ~' : , ) t 77~~ yy ~'~ ,~---- ~~d;~Al,A~ ~ ~ ~ e Manage~• (I ppli a 1) .~ VILLAGE ®F TEQiJESTA LEGAL CERTIFTCATI®I~I .~ 131 P. _LM 13EACI-I CC~I/~'T'~' As Legal Counsel for Palm Beach County, I hereby state that the terms and pY°e~visi®ns ~f this Agreement are fully authorized under State and local law, and that the Agreement provides full ]ebal arathority for the County to undertake or assist in undertaking essential community clevelopr~lent and housing assistanc:~c activities, specifically urban renewal and publicly assisted housing. s '~~~n~iy~. Fields, Assistant County Attorney ~.~~~Palm beach County, Florida fief: 5:12001 _0712001 _02\1lrbanColaarparmr~.wpd • • ,~