HomeMy WebLinkAboutDocumentation_Regular_Tab 05_07/10/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
July 10, 2014
Consent Agenda: Yes Resolution #:
Originating Department: Manager
` �` •• • • : -• • -�•
Council Approval af the ft�i±�:�vvi��� ugr�„ment: Village �f � e�us� sta & Palm Beach County Interlocal
Cooperation Agreement.
� . . .
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
'' • ' •' .• • •- � • � .�- •.
1. Council Approval of the following agreement: Village of Tequesta & Palm Beach County Interlocal
Cooperation Agreement to participate in the Urban County Program for FY 2015, 2015, & 2017.
. .� . .
Department Head
Finance Director or Representative
Reviewed for Financial Sufficiency [] %
No Financial Impact ❑
Attorney: (for legal sufficiency) (see ttached email)
Village Manager: �,- � _ �
Submit for Council Discussion: �
Approve Item: ❑
Deny Item: �
• • . . • . -. . . .
.- . .. - . . -• . . . . . •
Form Amended: 3/14/14
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, � May 27, 2014
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Mr. Michae( R. Couzzo Jr., Village Manager
Village of Tequesta
345 Tequesta Drive
`I'equesta, FL 33469
Department of
Economic Sustainability Re: Participation in the Urban County Program ior FY 2015-2017
Strate$ic Plannin$ & Operations
100 Austral�an Avenue, Suite 500 Dear Mr. Couzzo Jr:
West Palm Beach, FL 33406
(561) 233-3600 -- T�"le CUPP217t COOlJe1'a�]OII a�l"2�e117el1t betWeell t11e Ulllag� Of TeC�UeStil �lllC� Pa�171
www.pbcgov.comldes Beach County through which the Village of Tequesta participates in the Paln1
Beach County Urban County .lurisdiction is expiring. The Village of Tequesta is
therefore invited to execute a new agreement to participate in the Palm Beach
■ County Urban County Program for FYs 2015, 2016 and 2017 and which will
automatically renew every three years upon the Village's concurrence. The
agreement will enable your municipality and its residents to continue to access
Palm Beach County funds under the Community Development Block Grant (CDBG), Home
soara oe co�nty Invest�nent Partnerships (HOME) Pro�ram, and Emergency Solutions Urant
CO "'" "ss '�"`� s (ESG) Programs as a part of the Palm Beach County Entitlement Jurisdiction. In
P�;s��ua A. ra Ma addition, by participating with the Coui�ty, your lnunicipality will be eligible to
Paulette Burdick, Vice Mayor receive economic stimulus or disaster recovery funding which is distributed to the
County by the U.S. Department of Housing and Urban Development (HUD).
Hal R. Valeche
she��e The Department oi� Economic Sustainability (DES) will provide to you the
Steven L. Abrams unsigned agreement within 10 days of the date of this letter. HUD has established
a very short deadline to receive the executed agreement, therefore, DES is
Mary Lou Berger
requesting that the a�reements be placed on the agenda of your earliest Village
�ess R. sa"`amar'a Commission meeting. DF,S will be in touch witl� you to ascertain the name of a
Village staff contact and provide them any required assistance. We will also be
available to attend your Village Commission's meeting to give a presentation aild
answer questions
County Administrator
Robert Weisman _�e advised that participation in the County's Program will preclude your
application for State CDBG funds, but you inay still apply for State I�OME and
ESG funds if the state allows. If you choose not to renew this agreement, by June
20, 2014, you must notify DES and Hi1D in writing of your decision not to
participate in the County's [)rban Entitlement Jurisdiction. Please address such
notification to DES's address listed above and to HUD as follows:
"An Equal O�portunity
Affinnative Acfion Employer"
� printed on recycled paper
�
��ACN c
� �
Ann D. Chavis, CPD Director
a " � U.S. Department of Housing & Urban Development
. .
� Florida State Office, Brickell Plaza Federal Building
�LORI� 909 Southeast First Avenue, Room 500
Mia���i, f� L 33131
If you have any questions, please contact Carlos Serrano, Director, Strategic
Planning and Operations at 561-233-3608 or Clement Clarke, Principal Planner at
561-233-3622.
�
Sincerely,
� ., ��
��
��� � �
��
Edward W. Lowery� Director
Department of Eco �c Sustainability
cc: Ms. Lori McWillian�s, MMC, Village Clerk
Sherry Howard, Deputy Director, DES
Betsy Barr, Director of Contracts and Quality Control, DES
Carlos Serrano. Director, Strategic Planning, DES
Clement C. Clarke, Principal Planner, DES
S\201 7-14\Urban County QualificationUgrcement 1'emplaie and other Required Uocuments\Teqcesta\Letter Soliciting Continued Participation Amended doc
i"elfrin, Debra
From: Telfrin, Debra
Sent: Wednesday, June 18, 2014 12:04 PM
To: Couzzo, Michael
Cc: Telfrin, Debra
Subject: PLS CONFIRM: Interlocal Cooperation Agreement
Attachments: Tequesta_InterlocalCooperativeAgrmt_2015-17.pdf; D00061014.pdf; RE: Interlocal
Cooperation Agreement
Mike,
Keith has reviewed, see email below. This is a renewal. Please confirm this will go on the July Consent Agenda.
Thank you,
Debbie __ ---- ------�
\
j _ � From: Keith Davis [mailto:KeithCa�cwd-legal.com]
,Sent: Monday, June 16, 2014 2:20 PM
� To: Telfrin, Debra \��,
� Subject: RE: Interlocal Cooperation Agreement `
i
I h�ave\iewed and approved it for form and sufficiency.
Keith �V. I�S; �.sguire
�� �
` �'�UZ/ � �a,r�e a�zr��.l '�rr�o
Tel: (�61) �86-7116
F'ax: (561) 586-9611
L:mail: keith@cwd-le�al.com
From: Telfrin, Debra [mailto:dtelfrin@tequesta.or�]
Sent: Monday, June 16, 2014 10:30 AM
To: Keith Davis
Cc: Couzzo, Michael; McWilliams, Lori; Telfrin, Debra
Subject: RE: Interlocal Cooperation Agreement
Good morning,
Mr. Amin Houry with PB County Economic Sustainability called last week as well as this morning in follow up to the
attached agreement. Please note there is a deadline for comment. I did inform him the earliest it could go on the
agenda was July.
Thank you,
Debra A. Telfrin
Executive Assistant
561-768-0465
561-768-0697
�� .. �:�
�
INTERLOCAL COOPERAT'ION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
The Viilage of Tequesta
THIS 1NTERLOCAL COOPERATION AGREEN�NT made and entered into this
day of ��? - �`- �� �� 2011 by and between PALM BEACH COiJNTY, a political subdivision of
the State of Florida, hereinafter referred to as the "COUNTY", and , T'he 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 COiJNTY, 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 Iocalities 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 1 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
WNEREAS, these Interlocal Cooperation Agreements are also required to implement
HOME under Tide [I of the National Affordable Housing Act of 1990, as amended, and ESG
� under the McKinney Verto Homeless Assistance Act of 1987; and
WI-�REAS, the COiJNTY 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 COiJNTY and MUNICIPALITY agree to cooperate to undertake or
assist in undertaking community renewal and lower income housing essistance activities; and
WHEREAS, the COIJNTY and MLTNICIPALITY wish to cooperate in the
implementation of the goals and objectives of the COUNTY'S Consolidated Plan, as approved
by the U.S. Depar[ment of Housing and Urban Development; and
I
The �Ilage of Tequesta
WI�REAS, the MUIVICIPALITY desires to coo� with the COUNTY for the
purpose of implementing the Commimity Developmem Black Grant, Emergeacy Shelter Grant,
and HOME Programs.
NOW, THE1tEFORE, the parties hereby agree as follows:
l. The COUNTY and the MUr1ICIPALITY will coopeiate so that the
COUNTY may expend CDBG, ESG and HOME fimds for eligible
activities wit6in the MUrTICIPALITY d�u�ing Federal Fiscal Years 2012,
2013, 2014 (includin� program income geaerated &om expend'►ture of
such funds) under Title I of the Housing and Community Development
Act of ] 974, es amended, TiUe II of National Affordable Housing Act of
1990, �s amended, and McKinney Verno Homeless Assistance Act of
1987, and receive fimds under diese Acts.
2. Tt►e COUNTY and the MLJIVIC�ALITY will cooperate to imdertake, or
assist in undec�king, community renewal aad lower income housing
assistance activities.
3. With the MiJrTICIPALTTY'S essistaace, the COUNTY will prepare a
ConsoGdated Plen as required by the U.S. Depariment of Housing end
Urban Development (FiUD). The COIJNTY will underinke or assist in
undertaking all professional and administrative services necessary to
prepare said application and other ne,ceseary documents, and the
COUNTY will agree to take full responsibility and essume all obligations
of an applicant The COiJNTY and the MUNICIPALTfY agree that the
COi1N1'Y is hereby allowed to undertake or assist in underraking
essential community development end 6ousing avsistance activities within
the MiJNIC�ALITY; however, the COUNTY has 6na1 iesponsbility for
selecting activities and annually submitting the Consolidated Plan to
HUD.
4. The MLJNICIPALITY and the COLJNTY will take all actions necessaiy
to assiue compliance with the iuban county's certification tequired by
Section 104(b) of Title I of the Housing and Commimity Development
Act of 1974, as amended, includ'mg Tide VI of the Civil Righm 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 fimds for activities in or in support of any
MUrTICIPALTI'Y that does not affumatively ftuther fair housing w�ithin
itg own jurisdiction or ihat impedes the COiINTY'S actions W comply
w�ith its faQ housing certification.
5. The MUMCIPALTfY, by executing this Agreemem, understands that it
may not apply for grants under the Small Cities or State CDBG Pro�ams
from appropriations for Fiscal Years 2012, 2013, 2014; may aot
participate in a HOME consorkiiun except through the COiJNTY; and
may not receive ESG fimding from any other entity egcept the CouMy;
but if allowed may apply to the State for fimding under dtie State's ESG
and HOME Programs.
6. The MU1vICIPAI.ITY has adopted and is enforcing a policy prolubitmg
the use of exce�sive force by law eaforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rightg
demonshations; 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 sobject of such non-violent civil rights demonsn�ations within
jurisdictions.
7. The COiJNfY, through its Depariment of Housing and Community
Developmem, shall assist the MUI�TICIPALITY in �mdertaking all
professional and administrative services necessary for the purposes of
implemeating CDBG, ESG, or HOME activiti�, including preperation of
all applications and other necessary doc�e�s, planning end other
adminiatcative activities, as required.
8. Pursuant to 24 CFR 570.501(b), the MLJrTICIPALITY is subject to the
same requirements appGcable to subcecipieats, including the requicemeab
of a written agreement as described in 24 CFR 570.503.
9. The MLJTIICIPALITY shall be �sponsible for nodfying the COUNTY of
any modification and/or change in the use of any real property (from that
planned at the time of acquisitian or improvement, including disposition)
acquired or improved in whole or in part witfi CDBG or HOME fimds
tbat is within co�rol of the MUMCII'ALITY. NotiScation of the
COiJNTY shall take place within ten (10) days of said modification or
change.
3
The Village of Tequesta
In the event that seid real property as de.gcn`bed above is sold, conveyed
or hansfemd after the time of acquisition and/or improvement, and said
real property is sold, comeyed or transfeaed for usage which does not
qualify as eligible imder CDBG, ESG, or HOME negulatioas, the
COiINTY shall be reimbursed in an amount equal to tha current fair
market value (le� any portion thereof attnbutable to expenditures of non-
CDBG or non-HOME funds) of the property by the MLJ1vIC�ALITY.
In me event of a close-out or change of status of the MiJMCIPALITY,
termination of this Agreement, or disposition and/or transfer of any
properiy improved or acquired wit.h CDBG or HOME fimds, the
COUNTY shall !re reimburs� by the MUNIC�ALITY anY P��
income genecated prior w or subsequant to said close-out, termination or
change of status.
10. T1�e COUNTY and the MLJIVICII'ALITY will comply with the
Consolidated Plan and the implementing program es outlined in the
Action Plan, which govems the expenditure of CDBG, ESG, and HOME
fimds.
11. Pursuant to Palm Beach County Code Section 2-421— 2-440, Palm Beach
County has established the Office of the Inspector Geneial, which is
authorized and empowered to reviaw past, present, and proposed County
agreements, coniracts, transactions, accou�s, and records. All parties
doing business with the County and receiving County funds, including the
MUrTICIPALITY, shall ful(y cooperate with ti�e Inspector General. The
Inspector Geneial hes the power to subpoena witne�es, administer oaths,
require the production of records, end to audit, imrestigate, monitor, and
inspect the activities of the Agency, its officers, age�, employees, and
lobbyists in order to ensure compliance with this Agreement, and to
detect waste, corruption, and fraud.
12. The MUIVICIPALITY agnees that no persan shall on the grounds of rece,
color, disability, national origin, religion, age, familial status, sex, sexual
orientation, marital status, or gender identity and expression be excluded
from the beaefitg o� or be subjected to discrimination �mder, any activity
carried out by the performance of this Agreement. Upon receipt of
evidence of such discriminatioa, the Cotmty shall have the right to
tera►inate this Agreemer�t.
4
The Village of Tequesta
13. This Agreement shall give the COiJNTY 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 Agreeme�rt shall remain in effect until all
CDBG, ESG, end HOME funds aad any program income received with
respect to activities carried out during the tbree-y�r qualification period
are expended, and the fimded activities are completed, and that the
COLJNTY aad MUNICIPALITY may not terminate or withdraw from the
Agreement while it remains in effect
14. This Agreement is contingeat upon the COUNTY'S qualification es an
"�uban couaty" and award of fimds under the Housing and Commimity
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 suthorize the delegation of
the constiU�tional or statuWry duties of the stete, coimty or municipal
officers.
16. A copy of this Agreement shall be filed with the Clerk and Comptroller in
and for Palm Beach Couctty.
17. Any prior agreemeats or cont:acts regarding the dudes aad obligations of
the parties enumerated herein are hereby declazed to Ix null and void.
S
The Village of Tequesta
IN�VTTNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials.
PALM BEACH COUNTY, FLORIDA, a
Politic�l Sabdivisfon of the State of Florida
A'ITEST:
SHARON R BOCK, Clerk & Comp�oller BOARD OF COLJNTY CONIMISSIONERS
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By: _ , � ; By .
eputy Clerk ' o�. FL � F � p N ,� �- en cus, Cha
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Approved as to Form and Legai Sufficiency: Approved as to Terms and Conditions
Dep� of Housing & Community Development
B • By:
Tammy ields Edward Lowery, Dir) ctor
Senior sistant County Attomey Housing & Comm�fni e elopment
ATTEST: The Village of Teqaesta, a mnnicipality dnly
organized by the l�ws of the State of Florida
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Clerk y, �~ M�yor � �
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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
suthority for the County to undertake, or assist in undertaking, community renewal and lower income
housing assistance activities.
ammy K. ields, Senior Assistant County Attorney
Palm Beach County, Florida
7
INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
VILLAGE OF TEQUESTA
THIS AGREEMENT made and entered into on , 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 and
existir�g by virtue of 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) Program, Emergency Solutions Grant (ESG)
Program and Home Investment Partnerships (HOME) Program activities within their
jurisdictions, 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 AcY' authorizes local govemments 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, Title I of the Housing and Community Development Act of 1974, as
amended, mandates 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, such interlocal cooperation agreements are also required to implement the
HOME Program under Title II of the National Affordable Housing Act of 1990, as
amended, and the ESG Program under the Homeless Emergency Assistance and
Rapid Transition to Housing Act of 2009 (HEARTH Act); and
WHEREAS, the County desires to join with the Municipality in order to carry out the
planning and professional services necessary to implement the CDBG, ESG and HOME
Programs during Federal Fiscal Years 2015, 2016 and 2017, and during subsequent
Federal Fiscal Years; and
WHEREAS, the County and the Municipality agree to cooperate to undertake or assist
in undertaking community renewal and lower income housing assistance activities; and a
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.
Deparhnent of Housing and Urban Development (HUD); and
WHEREAS, the Municipality desires to cooperate with the County for the purpose of �
implementing the CDBG, ESG and HOME Programs; and
WHEREAS, the goveming bodies of the County and the Municipality have each
authorized this Agreement. .
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed as follows:
1. This Agreement covers the CDBG, ESG and HOME Programs and pertains to
funds that the County is qualfied to receive from HUD under said Programs for
Federal Fiscal Years 2015, 2016 and 2017 which cover the three-year urban
county qualification period beginning on October 1, 2015, and ending on
September 30, 2018 (hereinafter the "Qualfication Period°). This Agreement shall
remain in effect until the CDBG, ESG and HOME funds and program income
1
� Vlllage oi Tequesta
received (with respect to activities carried out during the Qualfication Period and
during any subsequent three-year qualification periods covered by any renewal of
this Agreement) are expended and the funded activities are completed. Neither
the Municipality nor the County may terminate, or withdraw from, this Agreement
while it remains in effect.
2. This Agreement shall be automatically renewed for a three-year qualification period
at the end of the Qualfication Period and at the end of each subsequent
qualfication period unless either party provides the other party a written notice in
which it elects not to participate in a new qualfica6on period. If such notice be
given, the party electing not to participate shall also send a copy of the written
notice to the HUD field office with jurisdiction over the County.
The County shall, by the date specfied in HUD's Urban County Qualfication
Notice for the next qualification period, notify the Municipality in writing of its right
not to participate, and the County shall provide a copy of such written notice to the
HUD field office with jurisdiction over the County by the date specfied in the Urban
County Qualfication Notice.
3. While this Agreement is in full force and effect, during the Qualification Period and
during any subsequent three-year qualfication periods covered by any renewal of
this Agreement, the County and the Municipality agree to amend this Agreement to �
incorporate any changes necessary to meet the requirements for cooperation
agreements as set forth by HUD in its Urban County Qualfication Notices
applicable to all subsequent three-year qualfication periods, and to provide HUD
such amendments as provided in the Urban County Qualification Notices. Failure
to comply with the aforesaid shall void the automatic renewal of this Agreement.
4. The Municipality, by executing this Agreement, understands that:
(a) It may not apply for any grants from appropriations under the State of Florida
CDBG Program for fiscal years during the period in which it participates in the
County's CDBG Program.
(b) It may receive a formula allocation under the HOME Program only through
the County. Even if the County does not receive a HOME formula allocation,
the Municipality understands that it may not receive HOME Program funds
' from a HOME consortium with other local govemments. This, however, does
not preclude the County or the Municipality from applying to the State of
Florida for HOME Program funds if the State of Florida so allows.
(c) It may receive a formula allocation under the ESG Program only through the
County. This, however, does not preclude the County or the Municipality from
applying to the State of Florida for ESG Program funds if the State of Florida
so allows.
5. This Agreement is contingent upon the County's qualfication as an "urban county"
under the CDBG Program as determined by HUD, as well as HUD's award of
funds under the CDBG, ESG and HOME Programs.
6. The County and the Municipalit�r agree to cooperate to undertake, or assist in
undertaking, community renewal and lower income housing assistance activities.
The County and the Municipality also agree to cooperate to enable the County to
expend CDBG, ESG and HOME Program funds on eligible activities within the
Municipality's jurisdiction during the Qualification Period and during any
subsequent qualfication periods covered by the renewal of this Agreement.
7. The Municipalit�r shall assist and cooperate with the County in the preparation of
the HUD required Consolidated Plan for the use of CDBG, ESG, and HOME
Program funds. The County shall prepare the Consolidated Plan application and
other necessary documents, and shall take full responsibility and assume all
obligations as the applicant. The County and the Municipality agree to comply with
said Consolidated Plan and implement activities as outlined in the Action Plan
approved by HUD for the use of CDBG, ESG, and HOME Program funds. The
2
Village of Tequesta
County and the Municipality agree that the County is hereby permitted to
undertake or assist in undertaking essential community development and housing
assistance activities within the Municipalit�s jurisdiction.
8. The County, through its Department of Economic Sustainability, shall assist the
Municipality in undertaking all professional and administrative services necessary
for the purposes of implementing activities of the CDBG, ESG and HOME
Programs, including preparation of all applications and other necessary
documents, planning and other administrative activities, as required.
9. 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.
10. The Municipality may not sell, trade, or othervvise transfer all or any portion of
CDBG Program funds to another metropolitan city, urban county, unit of general
local govemment, or Indian tribe, or insular area that directly or indirectly receives
CDBG Pragram funds in exchange for any other funds, credits or non-Federal
considerations, but must use such CDBG Program funds for activities under Title I
of the Housing and Community Development Act of 1974, as amended.
11. The Municipalit�r 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 «�mply 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 Count�s fair
housing certification.
12. The Municipality agrees that no person shall on the grounds of rac�, color, religion,
disability, sex, age, national origin, ancestry, marital status, familial status, sexual
orientation, gender identity or expression, or genetic information, 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.
13. 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 the Municipality
has adopted, and is enforcing, 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.
14. Palm Beach County has established the Office of Inspector General in Palm Beach
County Code, Section 2-421 - 2-440, as may be amended. The Inspector
General's authority includes, but is not limited to, the power to review past, present
and proposed County contracts, transactions, acxounts and records, to require the
production of records, and to audit, investigate, monitor, and inspect the activities
of the Municipality, its officers, agents, employees, and lobbyists in order to ensure
compliance with contract requirements and detect corruption and fraud. Failure to
cooperate with the Inspector General or interFering with or impeding any
investigation shall be in violation of Palm Beach County Code, Section 2�21 to 2-
440, and punished pursuant to Section 125.69, Florida Statutes, in the same
manner as a second degree misdemeanor.
3
Vlliage of Tequesta
15. No provision of this Agreement is intended to, or shall be construed to, create any
third party beneficiary or to provide any rights to any person or entity not a party to
this Agreement, including but not limited to any citizen or employees of the County
and/or the Municipality.
16. Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of the state, county or municipal officers.
17. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for
Palm Beach County.
18. Any prior agreements or contracts regarding the duties and obligations of the
parties enumerated herein are hereby declared to be null and void.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials.
(MUNICIPAL SEAL BELOV1n VILLAGE OF TEQUESTA, a
municipality duly organized and existing by
virtue of the laws of the State of Florida
By:
ATTEST: Abby Brennan, Mayor
By: By:
Lori McWilliams, �Ilage Clerk Michael R. Couao, �Ilage Manager
(if appliceble)
(COUNTY SEAL BELOV1n PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the State of Florida
BOARD OF COUNTY COMMISSIONERS
ATTEST: SHARON R. BOCK, By:
Clerk & Comptroller Priscilla A. Taylor, Mayor
By: Document No.:
Deputy Clerk
Approved as to Form and Approved as to Terms and Conditions
Legal Sufficiency Department of Economic Sustainability
By: By:
Tammy K. Fields, Sherry Howard
Chief Assistant County Attomey Deputy Director
4
Vlllage of Tequesta
LEGAL CERTIFICATION BY PALM BEACH COUNTY
As Legal Counsel for Palm Beach County, Florida, I hereby state that the terms and
provisions of this Agreement entered into on by and between Palm
Beach County and �Ilage of Tequesta are fully authorized under State and local law, and
that the Agreement provides full legal authority for Palm Beach County to undertake, or assist
in undertaking, community renewal and lower income housing assistance activities.
Tammy K. Fields, Chief Assistant County Attomey
Palm Beach County, Florida