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Home My WebLink AboutAgreement_General_8/25/2020_Palm Beach County Urban DevelopmentAMENDMENT 001 TO THE AGREEMENT WITH VILLAGE OF TEOUESTA Amendment 001, effective as of AVG L 5 2024 by and between Palm Beach County (County), and the Village of Tequesta (Municipality). WITNESSETH: WHEREAS, Palm Beach County entered into an Interlocal Cooperation Agreement (R2014-1172) (the "Agreement") with the Village of Tequesta on August 19, 2014, to formalize the Village of Tequesta'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: (MUNICIPAL SEALQW) VILLAGE OF TEQUESTA, a " „'O,Aj�,�„F. TFQ municipality duly organized and existing by oRq'ZG,:, virtue of the laws of the State of Florida SEAL INCORPORATED ATTEST: By: I i�1�Lr Lori McWilliams, Village Clerk (COUNTY SEAL BELOW) ATTEST: SHARON R. BOCK, Clerk & Comptroller Jemmy Allen, Village Manager PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS By: OIL-- I I---- - Dave Kerner, Mayor By: Document No.: eputy Clerk Approved as to Form and Legal Sufficiency AUG 2 5- 2020 Approved as to Terms and Conditions Dept. of Housing and Economic Sustainability By: By: {t _ Howard J. Falcon, III, Sherry ward Chief Assistant County Attorney Deputy Direct r Page 2 of 2 �tiAC$ C O �' G2 April 17, 2020 C \b �iORI�4' Mr. Jeremy Allen, Village Manager Village of Tequesta (� 345 Tequesta Drive Department of Tequesta, FL 33469 Housing & Economic Sustainability RE: Urban County Qualification Process FYs 2021 - 2023 1 Strategic Planning Dear Mr. Allen: 100 Australian Avenue - Suite #500 West Palm Beach, FL 33406 On August 19, 2014, the Board of County Commissioners (BCC) executed an interlocal cooperation agreement (R2014-1172) with the (56l)233-3600 Village of Tequesta as part of the Urban County Qualification Process www.pbcgov.com/hes for Federal Fiscal Years 2015-2017. Under this Agreement, the Village of Tequesta agrees to participate with the County in the creation of the Urban County jurisdiction for the receipt of federal community Palm Beach County development funds from the U.S. Department of Housing and Urban Board of County Development (HUD). Commissioners The Agreement states, "The agreement shall be automatically renewed at the end of the qualification period and at the end of each subsequent Dave Kerner, Mayor qualification period unless either party provides a written notice in which RobertS. Weinroth, it elects to not participate in a new qualification period." The current Vice Mayor three year qualifying period will expire on September 30, 2021 and Hal R. Valeche would renew to cover the October 1, 2021 to September 30, 2024 time GreggK. Weiss period. Mary Lou Berger Please advise of the Village's intent to continue participation in the Melissa McKinlay Urban County jurisdiction during the FY 2021-2023 period, or of the Mack Bernard Village's intent to terminate the Agreement. If it is your intent to renew the agreement, please note that HUD has amended one of the clauses in the original agreement to promote adherence to Section 3 of the Housing and Urban Development Act of 1968. County Administrator VerdeniaC. Baker Section 3 seeks to ensure that employment and other economic opportunities generated by HUD financial assistance shall, to the greatest extent feasible, be directed to low- and very low income persons, particularly those who are recipients of government assistance "An Equal Opportunity for housing, and to business concerns which provide economic Affirmative Action Employer" opportunities to low- and very low-income persons. Applicability of Section 3 requirements is limited to activities funded by HUD programs. If you intend to renew the agreement, please execute the enclosed four (4) copies of the amendment to our interlocal cooperation agreement and return them to the Department of Housing and Economic Sustainability (DHES) no later than May 29, 2020. Please address your response to the Director, PBC Department of Housing and Economic Sustainability, with a copy to HUD's Miami Field Office addressed as follows: Ann D. Chavis, Director Community Planning & Development Division U.S. Department of Housing and Urban Development 909 SE 1 st Avenue, Room 500 Miami, FL 33131 Please contact Carlos Serrano, Director of Strategic Planning and Operations, at (561) 233-3608 or cserrano(a)-pbcgov.org, if you have any questions concerning this letter. Sincerely, a� Jonathan B. Brown, Director Department of Housing and Economic Sustainability Enclosures CC: Lori McWilliams, Village Clerk, Village of Tequesta Sherry Howard, Deputy Director, DHES