HomeMy WebLinkAboutDocumentation_Regular_Tab 31_05/12/2005 INTEROFFICE MEMORANDUM
TO: VILLAGE MANAG�R MICHAEL R. COUZZO, JR.
FROM: COMMUNITY DEVELOPMENT JEFFERY
SUBJECT: INTERLOCAL AGREEMENT CDBG & HOME GRANTS
DATE: 5/5/2005
CC:
The enclosed Interlocal Agreement is a renewal of the Village's paYticipation in the Urban County
Program to access the Community Development Block Grant and the Home Investment
Partnerships Program.
The term of the agreement is for three years (2006, 2007, 2008).
The purpose of this agteement is to provide access to the above-mentioned grants for eligible
residents of the Village of Tequesta.
Jeffery C. Newell
Community Development
RESOLUTION NO. 68-04/OS
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
PALM BEACH COUNY, FLORIDA, APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
VILLAGE OF TEQUESTA TO HAVE COMMON POWER TO PERFORM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
INVESTMENT PARTNERSHII'S PROGRAM (HOME) ACTIVITIES WITHIN THE
COUNTY, SAID COMMON POWERS BEING PURSUANT TO SECTION 125.Q1,
FLORIDA STATUES, AND CHAPTER 163, PART III, FLORIDA STATUTES.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: The interlocal cooperation agreement between Palm Beach County and the
Village of Tequesta for the common power to perform Community Development Block
Grant (CDBG) and Home Investment Partnerships Program (HOME) activities within the
County, attached hereto as Exhibit "A" is hereby approved.
THE FOREGOING RESOLUTION WAS OFFERED by Council Member ,
who moved its adoption. The motion was seconded by Council Member ,
And upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declare the Resolution duly passed and adopted this day
of , A.D., 2005
Mayor
Village Clerk
h � 1 : z- l'
� � Received
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'�' a rebni�.r,y i, 2i:�E��w FEB -
, �. . _: •c 3 ZQ05
' � ' ' �illage N�gr's Off
�LORY
'.!ir. Mi.chael iZ. E.�'ouzzc�, Jr., Manager
Vi�la�e �f'I'equesta
Housing & Community 357 Tequesta Drive
Development Department Tequesta, Florida ?3469
3323 Belvedere Road. Building 501
West Palm Beach, FL 33406 Re: Partieipation in the Urban County Program fo� FY 2006-2008
(561} 233-3601
FA,Y: (561) 233-3651 Dear Mr. C�uzzo:
www.pbcgov.com �
I am writing this letter to solicit the renewal of the Village of Tequesta s
participation in the Palm Beach County Urban Gounty Pragram. This will enable
� your municipality and your residents to continue to �ccess Community
Development Block Grant (CDBG) and the Home Investment Partnerships
(HOME) program funds as a part of the Palm Beach County Entitlement
pa�m sea�h co„nty Jurisdiction. These funds are generally targeted to benefit persons/families who are
Board of County deemed to be of low- and moderate-in.come. Palm Beach County Housing and
Commissioners Community Development (HCD) manages the administration of the funds and
Tnny Masilotti, Chairman ensures compliance with HUD guidelines. Activities eligible for funding include:
A Greene, Vice Chairperson
�ren T. "'ar�°S . capital improvement proj ects
jeff Koons • public services
• economic development initiatives
Warren H. Newell
• emergency repairs to housing
Mary McCarty • mortgage subsidies for first-time homebuyers
surt Aaronson • housing rehabilitation
To assist you in continuing access to these funds, I am enclosing your renewal
Interlocal Cooperation Agreement. In consideration of HLTI�'s submission
County Administrator requirements, I respectfully request that you schedule this item for consideration at
your next Commission meeting. An HCD staff inember will be available to attend,
ftobert Weisman to make a presentation, and to answer any questions. If HCD representation is
requested/required, please advise.
To renew your participation in the Urban County Program, the Village of Tequesta
must notify HCD and HUD, in writing, of the Village of Tequesta's official decision
to do so. The municipality must also execute an Interlocal Cooperation Agreement
with Palm Beach County for a term of three (3) fiscal years: FY 2006, 2007, and
2008.
HCD must also have evidence that the Village af Tequesta Commission has
An �qua! Opportuniry `
Affirmativs Action Employe,r authorized the Agreement. This must be either a certified Resolution or a certified
copy of the Minutes from the meeting at which the Agreement was approved.
� pdnted on iecyded paper
�tiAC:iI CO
�� �a Either document must �e a� original with the actual signature, and a r�ised se ,!.
'"< y� Please retur al.l four executed and sealed Interl�cal Coo�erati A eem ents,
� `� and the certi�ed �esolution or Minutes at vour first a ortunit but not later than
�� ���—
�LpRi� May 1 2005, ta allow for Pa1m Beach Countv Board of County Commissianers'
�uroval and forwardi_ n,g to ��UI7 in time to meet HUD's deaaline. One (I l original
Agreernent will be retEirned to yau after approval and execution by the Board of
County Cornrnissioners.
If you have any questions, please contact Jim Gold, Planner I, at (561) 233-3610.
Sincerely,
Remar M. arvin, Director
Housing and Community I3evelopment
Enclosures: Interlocal Caoperation Agreement (4)
cc: Verdenia C. Baker, Deputy County Administrator, PBC
Elena M. Escovar, Planning & E.D. Manager, HCD
Clement C. Clarke, Principal Planner, HCD
Carlos R. Serrano, Senior Planner, HCD
Jim Gold, Planner I, HCD
Ref: S:�2004_OS\Urban County Qua1�29MunicipalityLtrs.wpd
INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AIv�D
VILLAGE OF TEQUESTA
THIS INTERLOCAL COOPERATION AGRBEMENT made and entered into this day of
, 2005 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
COLJNTY, said commonpowers beingpursuant 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 tl�e 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 COLTNTY 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 Fiscai
Years 2006, 2007, 2008; 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 COLJNTY'S Consolidated Plan, as approved by the U.S. Department of
Housing and Urban Development; and
WHEREAS, the MLJNICIPALITY desires to cooperate with the COLJNTY 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 COLJNTY may expend
CDBG and HOME funds for eligible activities within the MUNICIPALITY during Federal Fiscal
Years 2006, 2007, 2008 (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 MiJNIC1PALITY will cooperate to undertake, or assist in undertaking,
community renewal and lower income housing assistance activities.
3. With the MUNICIPALITY'S assistance, the COLJNTY will prepare a Consolidated Plan as
required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will
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VILLAG� OF TEQUESTA
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 ofan applicant. The COiJNTY and the MiJNICIPALITY
agree that the COIJNTY 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 MiJNICIPALITY 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 Act of 1990, and other applicable laws. The
COUNTY shall not use CDBG or HOME funds for activities in or in support of any
MUNICIPAI,ITY that does not affirmatively further fair housing within its own j urisdiction 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 2006,
2007, 2008; and nlay not participate in a HOME consortium except through the COLJNTY.
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 �'ommunity Development, shall assist
the A4UNICIPALITY 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 CFR 570.501(b), the I�1tJNICIPALITY 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 MLTNICIPALITY shall be responsible for notifying the COLJNTY 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 MLJNICIPALITY. Notification of the COUNTY 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 improvement, and said real property is sold, conveyed or transfened
for usage which does not qualify as eligible under CDBG 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
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VILLAGE OF TEQUESTA
MUNICIPALITY.
li� the event of a close-out or change of status of the M[JNICIPALITY, terminatian of this
Agreement, or disposition and/or transfer of any property improved or acquired with CDBG or
HOME funds, the COLJNTY shall be reimbursed by the MiJNICIPALITY any program income
generated prior to or subsequent to said close-out, termination or change of status.
10. The COUNTY and the MLJNICIPALITY will comply with the Consolidated Plan and the
implementing program as outlined in the Am�ual Consolidated Plan, which governs the expenditure
of CDBG and HOME funds.
11. This Agreement shail give the COUNTY 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 2006, 2007, 2008. The Agreement shall remain in effect until all CDBG
funds, 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 COLJNTY and MUNICII'ALITY may not terminate or withdraw from the Agreement while it
remains in effect.
12. 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 197�, as amended, and the
National Affordable Housing Act of 1990, as amended.
13. Notl�ing contained herein shall be deemed to authorize the delegation of the constitutional or
statutory duties of tlte state, county or municipal officers.
14. A copy of this Agreement shall be filed wiUi the Clerk and Comptroller in and for Palm Beach
County.
15. Any prior agreements or contracts regarding the duties and obligations of the parties
enumerated herein are hereby declared to be null and void.
Remainder of Page Intentionally Left Blank
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VILLAGE OF TEQUESTA
IN WITNESS WHEREOF, the parties liereto have caused this Agreement to be executed
by their duly authorized officials.
ATTEST:
SHARON R. BOCK, Clerk & Comptroller PALM BEACH COUNTY, FLORIDA, a Political
Subdivision of the State of Florida
BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Tony Masilotti, Chairman
Approved as to Form and Legal Approved as to Terrns and Conditions
Sufficiency: Dept. of Housing and Community Development
By: By:
Tammy K. Fields Elena M. Escovar, Manager
Senior Assistant Gounty Attorney Planning & Economic Development
ATTEST; VILLAGE OF TEQUESTA, a municipality duly
organized by the laws of the State of Florida
Clerk Mayor .
(SEAL)
Manager (If Applicable)
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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.
Tammy K. Fields, Senior Assistant County Attorney
Palm Beach County, Florida
Ref: S:�2004_OS\Urban Counp� Qual\ICA 2006to08 Fortn.wpd
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