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HomeMy WebLinkAboutAgreement_Interlocal_06/09/2011 INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND The Village of Tequesta THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this day of 07-12-2 01 12011 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and , The 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), Emergency Shelter Grant (ESG) Program, 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, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; 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 I1 of the National Affordable Housing Act of 1990, as amended, and ESG under the McKinney Vento Homeless Assistance Act of 1987; and WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and professional services necessary to implement the CDBG, ESG and HOME Programs during Federal Fiscal Years 2012, 2013, 2014; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities; 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 1 The Village of Tequesta WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Development Block Grant, Emergency Shelter 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, ESG and HOME funds for eligible activities within the MUNICIPALITY during Federal Fiscal Years 2012, 2013, 2014 (including program income generated from expenditure of such funds)under Title I of the Housing and Community Development Act of 1974, as amended, Title II of National Affordable Housing Act of 1990, as amended, and McKinney Vento Homeless Assistance Act of 1987, 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. 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 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 submitting the Consolidated Plan to HUD. 4. The MUNICIPALITY and the COUNTY 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 VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974,the Americans with Disabilities 2 The Village of Tequesta Act of 1990, and other applicable laws. The COUNTY shall not use CDBG or HOME funds for activities in or in support of any MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY'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 2012, 2013, 2014; may not participate in a HOME consortium except through the COUNTY; and may not receive ESG funding from any other entity except the County; but if allowed may apply to the State for funding under the State's ESG and HOME Programs. 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 in non-violent 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 subject of such non-violent civil rights demonstrations within jurisdictions. 7. The COUNTY, through its Department of Housing and Community Development, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing CDBG, ESG, 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(b), the MUNICIPALITY is subject to the same requirements applicable to subrecipients, including the requirements of a written agreement as described in 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 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 COUNTY shall take place within ten (10) days of said modification or change. 3 The Village of Tequesta In the event that said real property as described above is sold, conveyed or transferred after the time of acquisition and/or improvement, and said real property is sold, conveyed or transferred for usage which does not qualify as eligible under CDBG, ESG, or HOME regulations, the COUNTY 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 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 CDBG 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 will comply with the Consolidated Plan and the implementing program as outlined in the Action Plan, which governs the expenditure of CDBG, ESG, and HOME funds. 11. Pursuant to Palm Beach County Code Section 2-421 —2-440, Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County agreements, contracts, transactions, accounts, and records. All parties doing business with the County and receiving County funds, including the MUNICIPALITY, shall fully cooperate with the Inspector General. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and to audit, investigate, monitor, and inspect the activities of the Agency, its officers, agents, employees, and lobbyists in order to ensure compliance with this Agreement, and to detect waste, corruption, and fraud. 12. The MUNICIPALITY agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, sexual orientation, marital status, or gender identity and expression be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. 4 The Village of Tequesta 13. This Agreement shall give the COUNTY authority to carry out activities which will be funded from annual appropriations of CDBG, ESG and HOME entitlement funds and program income through Federal Fiscal Years 2012, 2013, 2014. The Agreement shall remain in effect until all CDBG, ESG, and HOME funds and any program income received with respect to activities carried out during the three-year qualification period 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. 14. 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, as amended, the McKinney Vento Homeless Assistance Act of 1987, and the National Affordable Housing Act of 1990, as amended. 15.Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county or municipal officers. 16. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach County. 17. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. 5 The Village of Tequesta IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. PALM BEACH COUNTY,FLORIDA, a Political Subdivision of the State of Florida ATTEST: SHARON R. BOCK, Clerk& Comptroller BOARD OF COUNTY COMMISSIONERS -��NT y C eputy Clerk ' FLORiDP K ren cus, Chai Approved as to Form and Legal Sufficiency: Approved as to Terms and Conditions Dept. of Housing & Community Development 2B : By: Tammy ields Edward Lowery, Dir #tor Senior Kssistant County Attorney Housing & Co it e elopment ATTEST: The Village of Tequesta, a municipality duly organized by the laws of the State of Florida Clerk ,g�S,S�q,uT- Mayor (SEAL) '4 GORP(5 0� 9m CD= Manager(if ap cab ) , 0 . 6 The Village of Tequesta 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, community renewal and lower income housing assistance activities. ammy K. fields, Senior Assistant County Attorney Palm Beach County, Florida 7