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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_5/11/2023Agenda Item #6. Regular Council a STAFF MEMO Meeting: Regular Council -May 11 2023 Staff Contact: Jeremy Allen, Village Manager Department: Manager I" Consider Renewal of the Palm Beach County Interlocal Cooperation Agreement As Part of the Urban County Qualification Process 4RY: Under this Agreement, the Village of Tequesta agreed to participate with the County in the creation of the Urban County Program jurisdiction for the receipt of federal community development funds from the U.S. Department of Housing and Urban Development (HUD). The original agreement (R2014-1172) and was amended August 25, 2020 (R2020-1225). The Agreement states, "The agreement shall be automatically renewed at the end of the qualification period and at the end of each subsequent qualification period unless either party provides a written notice in which it elects to not participate in a new qualification period." The current three year qualifying period will expire on September 30, 2024 and will require your renewal to cover the October 1, 2024 to September 30, 2027 time period. In order to continue participation in the Urban County Program and renew the Agreement, the Village of Tequesta must execute the enclosed interlocal cooperation agreement, and return them to HED no later than May 19, 2023. This is necessary because HUD has amended one of the clauses in the original agreement to promote adherence to regulations pertaining to non-discrimination in HUD programs or activities receiving Federal Financial Assistance. Since 1974, Palm Beach County has used the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) Program funds to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low and moderate income persons. Palm Beach County's Department of Housing and Economic Development, in coordination with municipalities, non-profit agencies, and other service providers, have devised innovative approaches that have resulted in a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Some examples of CDBG-funded activities are the provision of public services to disabled persons, children, elderly persons, and the homeless; the implementation of capital improvement projects to help alleviate flooding in low-lying areas, provide potable water, sidewalks, and recreation facilities to lower income neighborhoods; and the provision of economic development assistance. CDBG funds have also been instrumental in implementing the Single Family Rehabilitation Program, operated by the Department of Housing and Economic Development's Capital Improvement, Real Estate and Inspection Services Section, to rehabilitate eligible single family owner occupied homes. Page 288 of 2350 Agenda Item #6. While the CDBG Programs' principal intent is to benefit low and moderate income persons, activities which aid in the prevention or elimination of slums or blight, and activities having a community development urgency may also be carried out. Urgent activities, such as those created by hurricanes, must certify that existing conditions pose a serious and immediate threat to the health or welfare of the community. CDBG Entitlement Funds are allocated on a formula basis annually by the U.S. Department of Housing and Urban Development. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: NA BUDGET: NA ENCUMBERED: NA Proposed: NA PROJECTED TOTAL: NA Projected Remaining: NA Village of Tequesta Letter re renewal agreements rev 4.13.23 Interlocal cooperation agmt Amendment - 04.13.2023-Tequesta Municipal Submission Letter to HUD 4.18.23 Page 289 of 2350 Agenda Item N. h1e. A -1202023 pri , Jeremy Allen, Village Manager ORI Village of Tequeta 345 Tequesta Drive Tequesta, FL 33469 Department of RE-- Urban County Qualification Process FYs 2024 .- 2026 Housing & Et ono m Development Strata is Planning D[vision Dear Mr. Allen: ]00 Australian Avejute - Suite 500 On August 19, 2014., the Board of County Commissioners (13CC) West Fl-alm $each,, FL executed an interlocal cooperation agreement (R2014-1172) and (4-61) 23M600 amended August 25, 2020 (R2020-1225) with the Village of Tequesta as part of the Urban County Qualification P-rocess for Federal Fiscal L ['k4f"I',''j 6" -.:; o .1 .. 411-C) w Years 2015-2017. Under this AgreerrienL the Village of Tequesta agreed l to participate with the County in the creation of the Urban County Program jurisdiction for the receipt of federal communft Palm Beach Coiintv development funds from the U.S. Department of Housing and Urban Board of County Development (HUD).. T h e Ag re em e nt states, " Th e ame nt shall be au tomatica It rene wed Greacr X. Weiss, Mavar at the end of the qualification period and at the end of each subsequent Marl:a Swhs,, Vice, Mayor qualifica tion period unless eith or party pro ides a written n of [ce i n w h I eh elects to not participate ' in a new qualification pefiod."The current Ma6n G. no three year qualifying period will expire on September 3LO, 2024 and will \Nfidacl A BIANOM require your renewal to cover the October 1, 2024 to September 30.. A. -'2027 time period. Mal �%fjodward Saf--A Ba-%L�T In order to continue participation in the Urban County Program and Mac,k Bemmd renew the Agreement, please execute the enclosed four O copies of the amerid men-t to our irite rlocell cooperation agreement, and return them to HED no later than May 19, 2023. This is necessary because Coon ty A d rn 11-n istrzato r HUD has amended one of the clauses in the original agreement to promote adherenoe to regulations pertaining to non-discrimination in HUD programs or activities receiving Federal Financial Assistance. In addition, please provide written confirmation of your continued partic[pation in the Urban County Program utilizing the enclosed letter "An Equal template. Please send your letter to the PP C Department of Housing Affirmative &i.-mi i-'aiployer" and Economic Development, and also to HUDI s Miami Field Office addressed as follows: Lisa Johnson, Director Community Planning & Development Div`ision U.S. Department of Housing and Urban Development 909 S E 1 st Avenue, Room 500 'Miami, FL 33131 Page 290 of 2350 Agenda Item N. 4GRO) Please contact Shelia Brown, Senior Planner, at (561) 233-3688 or sabrowng Pbc ,gov.org, if you have any quest:I ons concerning this letter. Si - cerelly, J jo a cere 0 a an B. Bron w, Direetor Dertment of Housing and Economic Development Enclosures GC-- Lori McWilliams, Village Clef, Village of Tequesta Sherry Howard, Deputy Director, PBC HED Carlos Serrano, SPO Director, PBC HED Page 291 of 2350 Agenda Item #6. AMENDMENT 002 TO THE AGREEMENT WITH VILLAGE OF TEQUESTA Amendment 002, effective as of , 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 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 (R2020-1225) (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. Agenda Item #6. implementing regulations at 24 CFR part 8, Title 11 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 CFI 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 424-13. 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) ATTEST: :00 Lori McWilliams, Village Clerk (COUNTY SEAL BELOW) VILLAGE OF TEQUESTA, a municipality duly organized and existing by virtue of the laws of the State of Florida An Molly Young, Mayor Jeremy Allen, Village Manager PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS ATTEST: JOSEPH ABRUZZO, By: Clerk of the Circuit Court & Comptroller 1E Deputy Clerk Approved as to Form and Legal Sufficiency Gregg K. Weiss, Mayor Document No.: Approved as to Terms and Conditions Dept. of Housing and Economic Sustainability 20 E. Howard J. Falcon, IIII, Sherry Howard Chief Assistant County Attorney Deputy Director Agenda Item #6. April XX, 2023 Lisa Johnson, Director Community Planning and Development Division U.S. Department of Housing & Urban Development 909 SE 1st Avenue, Room 500 Miami, FL 33131 Jonathan B. Brown, Director Housing & Economic Development 100 S. Australian Avenue, Suite 500 West Palm Beach, FL 33406 Re: Palm Beach County Urban County Qualification FYs 2024-2027 Participation by City / Town / Village Dear Ms. Johnson: The purpose of this letter is to confirm the City/Town/Village agreement to continue to participate in Palm Beach County's Urban County Program for Fiscal Years 2024-2027 If you have questions, please contact the City/Town/Village at XXX@XXXXXX or by telephone (XXX) XXX-XXXX. You may also contact Sheila Brown, Senior Planner, Palm Beach County at (561) 233- 3688 or sabrown@�gov.org. Sincerely, XXXXXXX, Title City / Town / Village cc: Jill Smolen, CPD Representative, US HUD Jonathan Brown, Director, PBC HED Sherry Howard, Deputy Director, PBC HED Carlos Serrano, SPO Director, PBC HED Page 294 of 2350