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87-YYY RESOLUTION NO. 87-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Boynton Beach and Palm County have the common power to perform community development block grant activities within Palm Beach County, said powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III Florida Statutes, and W~R. REAS, it is mandated by Title I of the Housing and Community Development Act of 1974, as Amended, that Palm Beach County must enter into Interlocal Cooperation Agreements with the City of Boynton Beach for the purpose of implementing these activities and WHEREA~, the City of Boynton Beach desires to join with Palm Beach County in order to carry "out the planning and professional services necessary to implement Community Development Block Grant programs during federal fiscal years 1988, 1989 and 1990, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1: The Mayor and City Clerk are hereby authorized to execute said Interlocal Agreement between Palm Beach County and the City of Boynton Beach hereby attached as Exhibit A and incorporated herein by reference. Section 2: This Resolution shall take effect immediately upon passage. 1987. ATTEST: Ci~t~ ~- ' ( Seal ) CITY OF BOYNTON BEACH, FLORIDA Vice MaWr - Commi s s loner co~mdi~si one~ ' INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS INTERLOCAL AGREEMENT made and entered into this day of 1987 by and between: PALM BEACH COUNTY,. a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY": and The CITY OF BOYNTON BEACH, 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 per- form Community Development Block Grant (CDBG) activities with- in 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 munici- palities in its jurisdiction for the purposes of implementing CDBG activities within said municipalities; and WHEREAS, Palm Beach County desires to join with municipali- ties in order to carry out the planning and professional ser- vices necessary to implement the CDBG program during Federal Fiscal Years 1988, 1989 and 1990; and WHEREAS, the County and M~nicipality agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renew- al and publicly assisted housing; and WHEREAS, the County and the 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 Development Block Grant program. Interlocal Agreement - Boynton Beach Page 2 NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend CDBG funds for eligible activi- ties within the MUNICIPALITY during Federal Eiscal Years 1988, 1989 and 1990 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, and receive funds under said Act. 2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specif- ically urban reSewal 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 administra- tive services necessary to prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility and assume all obli- gations 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 undertak- ing essential community development and housing assis- tance activities within the MUNICIPALITY, however, the COUNTY has final responsibility for selecting activi- ties and annually filing the Final Statement of Objec- tives 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 Interlocal Agreement - Boynton Beach Page 3 o amended, including Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of the Housing and Community Development Act'of 1974, and other applicable laws. The COUNTY, through its Division of Housing and Community Development, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing CDBG activities, including preparation of all applica- tions and other necessary documents, planning, and other administrative activities as required. Neither the COONTY 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 1988, 1989 and 1990, for which the COUNTY qualifies as an urban county and for such additional time as may be required for the expen- diture of funds granted to the COUNTY for such period. 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 COUN- TY, unless the COUNTY provides written authorization to the MUNICIPALITY for said program income to be retained by the MUNICIPALITY to further program objec- tives and to be used for eligible CDBG expenditures. In this event, program income must be retained, man-' aged and utilized in accordance with Office of Manage- ment and Budget Circular A-102, Attachment "E" and other CDBG regulations as may then apply. The COUNTY shall assume the responsibility for monitor- ing and reporting to HUD as to the disposition of pro- gram income generated by any CDBG-supported activities. Interlocal Agreement - Boynton Beach Page 4 Therefore, the MUNICIPALITY shall implement and main- tain 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 M~qiCI- PALITY with respect to this Agreement, any pregram 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 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 disposi- tion) acquired or improved in whole or in part with CDBG funds that is within control of the MUNICIPALI- TY. Notification of the COUNTY shall take place with- in 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 prop- erty 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 there- of 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 dispo- sition and/or transfer of any property improved or acquired with CDBG funds, the COUNTY shall be reim- bursed by the MUNICIPALITY any program income generat- ed prior to or subsequent to said close-out, termina- tion 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 Interlocal Agreement - Boynton Beach Page 5 Final Statement of Objectives and Projected Use of Funds submitted to HUD. 10. This Agreement shall give the COUNTY authority to carry out activities which will be funded from annual appropriations of CDBG entitlement' funds during Feder- al Fiscal Years 1988, 1989 and 1990 and shall termi- nate upon completion of all activities and expenditure of all obligated funds to the MUNICIPALITY for such period. 11. This Agreement is contingent upon the COUNTY'S qualifi- cation 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. COUNTY ATTEST: PALM BEACH COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Deputy Clerk Chair (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney ATTEST: City Clerk (SEAL) MUNICIPALITY BY: Mayor City Manager (if applicable) Ref: R359 Interlocal Agreement - Boynton Beach Page 6 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 author- ized 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 assis- tance activities, specifically urban renewal and publicly assisted housing. Laurel E. Hopper Assistant County Attorney