R06-152
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RESOLUTION R06- l5~
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING EXECUTION OF
AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY FOR THE APPLICATION TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS TO
RECEIVE $1,629,170.00 IN FUNDING THROUGH THE
2005 FLORIDA CDBG DISASTER RECOVERY
INITIATIVE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the State of Florida is scheduled to receive $82.9 million in funds from
the federal government for the 2005 Florida CDBG Disaster Recovery Initiative (DRl); and
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WHEREAS, approximately $19 million of these funds have been earmarked for
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Palm Beach County; and
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WHEREAS, July, 2006, the City of Boynton Beach Community Improvement
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Division applied to the Palm Beach County Department of Housing and Community
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Development (HCD) for a share of these funds for its ongoing housing rehabilitation
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program; and
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WHEREAS, as a result of the City's application the HCD has recommended that the
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City of Boynton Beach receive $1,629,170.00 for housing rehabilitation as well as the
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replacement of one dwelling unit severely damaged by Hurricane Wilma;
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WHEREAS, the City Commission of the City of Boynton Beach upon
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recommendation of staff, deems it to be in the best interest of the citizens of the City of
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Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County
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for application to the Florida Department of Community Affairs to receive funding through
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the 2005 Florida CDBG Disaster Recovery Initiative, a copy of which is attached hereto and
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made a part hereof.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
5 being true and correct and are hereby made a specific part of this Resolution upon adoption
6 hereof.
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Section 2.
Upon recommendation of staff, this Commission does hereby
8 authorize execution of this Interlocal Agreement between the City of Boynton Beach and
9 Palm Beach County for application to the Florida Department of Community Affairs to
10 receive funding through the 2005 Florida CDBG Disaster Recovery Initiative, which
11 Agreement is attached hereto and made a part here.
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Section 3.
That this Resolution shall become effective immediately upon
13 passage.
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21 ; PASSED AND ADOPTED this ~ day of September, 2006.
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CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
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INTERLOCAL COOPERA nON AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
CITY OF BOYNTON BEACH
FOR
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
2005 DISASTER RECOVERY INITIATIVE
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this 3d day of
~, 2007 by and between PALM BEACH COUNTY, a political subdivision ofthe State of Florida,
hereinafter referred to as the "COUNTY", and CITY OF BOYNTON BEACH, a municipality duly
organized by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY".
WHEREAS, the Florida Department of Community Affairs 2005 Disaster Recovery Initiative is
funded by the U.S. Department of Housing and Urban Development (HUD) with Community Development
Block Grant (CDBG) funds and administered by the Florida Department ofCommunity Affairs for disaster
relief, long-term recovery, and mitigation directly related to the effects of the disasters resulting from
Hurricane Katrina of August 24, 2005 and Hurricane Wilma of October 23, 2005 and were covered by
Presidential disaster declarations; and
WHEREAS, the parties hereto have the common power to perform Community Development
Block Grant (CDBG) activities as part of the Florida Department of Community Affairs 2005 Disaster
Recovery Initiative 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 oftheir 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, the municipalities submitting an Interlocal Agreement at this time have not previously
executed an Interlocal Agreement to participate with Palm Beach County in the Urban County
Qualification Program; and
WHEREAS, the Florida Department of Community Affairs 2005 Disaster Recovery Initiative
application requires submission of an Interlocal Agreement if a project will, in any way, impact another
government; and
WHEREAS, the Florida Department of Community Affairs 2005 Disaster Recovery Initiative
requires that one application, reflecting countywide, priority disaster recovery projects, be submitted by a
unit of general local government within each county; and
WHEREAS, the municipalities applying for funding under the Florida Department of Community
Affairs 2005 Disaster Recovery Initiative elected Palm Beach County to serve as the lead agency for the
Florida Department of Community Affairs 2005 Disaster Recovery Initiative in Palm Beach County; and
WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and
professional services necessary to implement the Florida Department of Community Affairs 2005 Disaster
CITY OF BOYNTON BEACH
Recovery Initiative for the duration of the Initiative; and
WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in
undertaking eligible activities under the Florida Department ofCommunity Affairs 2005 Disaster Recovery
Initiative; and
WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of
implementing the Florida Department of Community Affairs 2005 Disaster Recovery Initiative.
NOW, THEREFORE, the parties hereby agree as follows:
1. The COUNTY and the MUNICIP ALITY will cooperate so that the Municipality may participate
with the COUNTY to expend CDBG funds for eligible activities under the Florida Department of
Community Affairs 2005 Disaster Recovery Initiative within the MUNICIPALITY during the term
ofthe Initiative (including program income generated from expenditure of such funds) under Title I
of the Housing and Community Development Act of 1974, as amended, and The Department of
Defense Appropriations Act, 2006 (Public Law 109-148, approved December 30, 2006) and
receive funds under these Acts.
2. With the MUNICIPALITY'S assistance, the COUNTY will prepare an application for HUD
Disaster Recovery Funding under the Florida Department of Community Affairs 2005 Disaster
Recovery Initiative. 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 as applicant. The
COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or
assist in undertaking disaster recovery activities including disaster relief, long-term recovery, and
mitigation in communities affected by the specified disasters and that the COUNTY has final
responsibility for selecting activities for funding under the Florida CDBG Disaster Recovery
Initiative.
4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure compliance
with Community Development Block Grant Entitlement Program Regulations, including 24 CFR
570, except as permitted exemptions are published in the Federal Register, the urban county's
certification required by Section 1 04(b) of Title I ofthe 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 funds under
the Florida Department of Community Affairs 2005 Disaster Recovery Initiative 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 to the
State for grants under the Florida Department of Community Affairs 2005 Disaster Recovery
Initiative in its own right.
6. To the extent applicable, the MUNICIP ALITY 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
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CITY OF BOYNTON BEACH
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 MUNICIP ALITY in undertaking all professional and administrative services necessary for the
purposes of implementing Florida CDBG Disaster Recovery Initiative activities, including
preparation of all applications and other necessary documents, planning and other administrative
activities, as required.
8. Pursuant to 24 CFR 570.50l(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 Florida
Department of Community Affairs 2005 Disaster Recovery Initiative program 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 MUNICIP ALlTY, 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.
10. The COUNTY and the MUNICIP ALITY will comply with the Comprehensive Plan for Palm
Beach County, the Consolidated Plan and the implementing program as outlined in the Annual
Consolidated Plan (to be known as the Action Plan, beginning FY 2006-07), which governs the
expenditure of CDBG funds.
11. This Agreement shall give the COUNTY authority to carry out activities which will be funded
from appropriations of Florida Department of Community Affairs 2005 Disaster Recovery
Initiative funds for the full term of this Agreement. The Agreement shall remain in effect until all
Florida Department of Community Affairs 2005 Disaster Recovery Initiative funds and any
program income received with respect to activities carried out with Florida Department of
Community Affairs 2005 Disaster Recovery Initiative funds 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.
12. This Agreement is contingent upon the COUNTY'S successful application under the Florida
Department of Community Affairs 2005 Disaster Recovery Initiative.
13. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or
statutory duties of the state, county or municipal officers.
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CITY OF BOYNTON BEACH
14. A copy ofthis Agreement shall be filed with 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.
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
BOARD OF COUNTY COMMISSIONERS
By:
Robert Weisman, County Administrator
Approved as to Form and Legal
Sufficiency:
Approved as to Terms and Conditions
Dept. of Housing and Community Development
BY~~
v Tammy K. Fields
Senior Assistant County Attorney
By: Effi14U h(. ~~
Elena M. Escovar
Planning Manager
ATTEST:
CITY OF BOYNTON BEACH, a municipality
duly organized by the laws of the State of
FIOrid~
Kurt Bressner '
City Manager
~ tn.~
Cle
(SEAL)
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CITY OF BOYNTON BEACH
LEGAL CERTIFICATION BY PALM BEACH COUNTY
As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions ofthis 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, disaster recovery activities.
Tan?m;:':~~y Attorney
Palm Beach County, Florida
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