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90-FFFFFRESOLUTION NO. 90- FF~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AMENDED INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY, FLORIDA REGARDING PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, FOR THE PURPOSE OF ADDING LANGUAGE TO SECTION 10, RELATING TO THE USE OF PROGRAM INCOME; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, TBEREFORE, BE IT RESOLVED by the City Commission Df the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby muthorized and directed to execute a certain amended Interlocal Agreement, a copy of which is attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of August, 1990. IH, FLORIDA Mayor Cor~m~issioner ATTEST: Commissioner (Corp6rate Seal) IlqKRI/)CAL A~ggMgtq BKT~KEN PAIR BKACH COUNTY AND THIS INTERLOCAL AGREEMENT made and entered ±n=o this day of , 1990, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to 'as the "COUNTY", and , a municipality duly organized by the laws of the State of Florida, hereinafter refarred to as the "MUNICIPALITY". WHEREAS, the parties hereto have the common power to perform Community Development Block Grant (CDBG) activities within Palm Beach County, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; 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 W}IEREAS, Palm Beach County desires to join with municipalities in order to carry out the planning and professional services necessary to implement the CDBG Program during Federal Fiscal Years 1991, 1992, and 1993; and WHEREAS, the COUNtrY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and objectives of Palm Beach County's Housing Assistance Plan, as approved by the U. S. Department of Housing and Urban Development; and WHEREAS, the.MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Block Grant Program. NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and.the MUNICIPALITY will cooperate so that the COUN/~ may expend CDBG funds for eligible activities within the MUNICIPALITY during Federal Fiscal Years 1991, 1992 and 1993 (including program income generated from expenditure Interlocal Agreement - Page 2 of such funds) under Title I of the Housing and Community Community Development Act of 1974, as amended, and receive funds under said Act. 2. The COUNTY and the MUNICIPALITY will cooperane to undertake, or assis~ in undertaking, community renewal and lower-income housing assistance activities, specifically urban renewal and publicly assisted housing. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a CDBG Final Statement of Objectives and Projected Use of Funds and a Housing Assistance 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 C0~ will agree to take full responsibility and assume all obligations of an applicant under the Housing and Community Development Act of 1974, as amended. 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 filing the Final Statement of Objectives and Projected Use of Funds with HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to ensure 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, Title VIII of the Civil Rights Act of 1968, The Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. The COUNTY shall not use CDBG funds for activities in or in support of the Municipality that does not affirmatively interlocai Agreement Page 3 further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. 5. The COUNTY, through its Division of Housing and Community Development, shall assist the if~qiCIPALiTY i5 undertaking all professional and administrative services necessary for the purposes of implementing CDBG activities, including preparation of all applications and other necessary documents, planning and other administrative activities, as required. 6. Neither the COUNTY nor the MUNICIPALITY may veto or otherwise restrict the provisions in this Agreement in any manner to obstruct the implementation of the Housing Assistance Plan during the three program years, Federal Fiscal Years 1991, 1992, and 1993 for which the COUNTY qualifies as an urban county and for such additional time as may be required for the expenditure of funds granted to the COUNTY for such period. Pursuant to 24 CFR 570.501(b), the MUNICIPALITY is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement described in 24 CFR 570.503. 7. The MUNICIPALITY must inform the COUNTY of any income generated by the expenditure of CDBG funds received by the MUNICIPALITY. Any program income generated by CDBG supported activities must be repaid to the COUNTY, unless the COUNTY provides written authorization to the MUNICIPALITY for said program income to be retained by the MUNICIPALITY to further program objectives and to be used for eligible CDBG expenditures. In this event, program income must be retained, managed and utilized in accordance with 24 CFR Part 85.25 and other CDBG regulations as may then apply. The COUNTY shall assume the responsibility for monitoring and reporting to HUD as to the disposition Of program income generated by any CDBG suppgrted activities. Interlocal Agreement - Page 4 Therefore, the MUNICIPALITY shall implement and maintain adequate recordkeeping procedures as needed for this purpose, in conformance with the above referenced regulations, and others that may then apply. In the event of close-out or change in status of the MUNICIPALITY with respect to this Agreement, any program income on hand or received subsequent To close-out or change in status must be repaid to the COUNTY. 8. The MUNICIPALITY shall be responsible for notifying the ~OUN/~f 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 funds that is within control of the MUNICIPALITY. 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 transferred for usage, which does not qualify as eligible under CDBG 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 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 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. 9. The COUNTY and the MUNICIPALITY will comply with the Housing Assistance Plan and the implementing program as outlined in the Community Development Block Grant Final Statement of Objectives and Projected Use of Funds submitted to HUD. ~ Intertocat Agreement Page 5 IN WITNESS WHEREOF, the parties hereto have Agreement to be executed by their duly authorized officials. 10. This Agreement shall give the COUNTY authority to carry out activities which will be funded from mpmual appropriations of CDBG entitlement funds and program income during Federal Fiscal Years 1991, 1992, and 1993, and shall terminate upon completion of all activities and expenditures of all obligated funds to the MUNICIPALITY for such period. 11. 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 1980, as amended. 12. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. caused this COUNTY APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Tammy K. Fields Assistant County Attorney Palm Beach County Chair (or Vice-Chair) Board of County Commissioners Palm Beach County ATTEST: BY: John B. Dunkle, Clerk Board of County Commissioners Palm Beach County A/rE ST: (SEAL) (SEAL) SUNICIPALITY / City Manager (If Applicable) Ref: CONTRAC5 Interlocai Agreement - Page 6 LEGAL CERTIFICATION BY PArd BEACH COUN/~ 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 essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Tammy K. Fields Assistant County Attorney Palm Beach County