R93-90RESOLUTION NO. R93-~
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 THE
CITY OF BOYNTONBEACH AND PALM BEACH
COUNTY FOR THE PURPOSES OF
IMPLEMENTING COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME
INVESTMENT PARTM~RSHIPS PROGRAM
(HOME) ACTIVITIES WITHIN THE CITY OF
BOYNTON BEACH; SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the parties hereto have the common power to
perform community Development Block Grant (CDB~) and Home
Investment partnerships Program (HOME) activities within the
County, pursuant to Section 125.01, Florida Statutes, and
Chapter 163, Part III, Florida Statutes; and
WHERE~S, it is mandated by Title I of the Housing and
Community Development Act of 1992, that a county must enter
into Interlocal Cooperation Agreements with municipalities in
its jurisdiction for the purposes of implementing CDBG
activities within said municipality; and
WHEREAS, these Interlocal Cooperation Agreements are also
required to implement HOME under Title II of the National
Affordable Housing Act of 1990; and
WHEREAS, upon recommendation of staff, the City
Commission of the City of Boynton Beach, deems it to be in the
best interest of the citizens and residents of the City to
execute the above referenced Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA TF~T:
Section 1. The City Commission of the City of Boynton
Beach, Florida, does hereby authorize and direct the Mayor and
City Clerk to execute an Interlocal Agreement with Palm Beach
County, for the purpose of implementing the Community
Development Block Grant and HOME Programs, said Agreement
being attached hereto as Exhibit "A".
Section 2. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this /~ day of June, 1993.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
City Clerk
Mayor//
Vi~e
Commih
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/ &s, 93 9a
INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
CITY OF BOYNTON BEACH
THIS INTERLOCAL AGREEMENT made and entered into this
day of MAY 1 S � , 1993, by and between PALM BEACH COUNTY,
a political subdivision of the 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 parties hereto have the common power to perform
Community Development Block Grant (CDBG) and Home Investment Partnerships
Program (HOME) activities within the COUNTY, said common powers being
pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part II1,
Florida Statutes; and
WHEREAS, it is mandated by Title I of the Housing and Community
Development Act of 1992, 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, these Interlocal Cooperation Agreements are also required
to implement HOME under Title II of the National Affordable Housing Act of
' 1990; and
WHEREAS, the COUNTY 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 Fiscal Years 1994, 1995, and
1996; and
WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to
undertake or assist in undertaking community development and 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 the COUNTY'S Comprehensive
Housing Affordability Strategy, 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 and HOME
11 Programs.
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INTERLOCAL COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 199 -1995
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 and HOME funds for eligible activities
within the MUNICIPALITY during Federal Fiscal Years 1994, 1995 and
1996 (including program income generated from expenditure of such
funds) under Title I of the Housing and Community Development Act
of 1992, and Title II of National Affordable Housing Act of 1990,
and receive funds under these Acts.
2. The COUNTY and the MUNICIPALITY will cooperate to undertake
or assist 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, a
HOME Program Description, and a Comprehensive Housing
Affordability Strategy as required by the U.S. Department of
Housing and Urban Development (HUD). The COUNTY will undertake or
assist in under- taking 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 of an applicant under the Housing and
Community Development Act of 1992. 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 and the HOME Program Description with HUD.
4. The MUNICIPALITY and the COUNTY will take all actions
necessary to ensure compliance with the urban county's certifi
cation 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
FC Act of 1968, 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.
INTERLOCAL C001- LKATION AGREEMENT
FEDERAL FISCAL YEARS 1994 -1996
PAGE 3
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 1994, 1995, and
1996; and may not participate in a HOME Consortium except through
the COUNTY.
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 s
to, or exit from a facility or location which is the subject of
such non - violent civil rights demonstrations within their
jurisdiction. The COUNTY shall not use CDBG or HOME funds 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.
7. 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 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 MUNICIPALITY is subject to
the same requirements applicable to subrecipients, including the
requirements for a written agreement 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 improve-
,
II ment, including disposition) acquired or improved in whole or in
I4 part with CDBG or HOME funds that is within control of the
MUNICIPALITY. Notification of the COUNTY shall take place within
ten (10) days of said modification or change.
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INTERLOCAL COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 1994 -1996
PAGE 4
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 trans-
ferred 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 MUNICIPALITY.
frn 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 or HOME -
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 MUNICIPALITY wi'1 comply with the Compre-
hensive Housing Affordability Strategy and the implementing
program as outlined in both the Community Development Block Grant
Final Statement of Objectives and Projected Use of Funds and the
HOME Program Description submitted to HUD.
11. This Agreement shall 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
I`
p Fiscal Year 1996. The Agreement shall remain in effect until all
i CDBG, HOME funds and any program income received are expended, and
, the funded activities are com lettu, and that the COUNTY and
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MUNICIPALITY may not terminate or withdraw from the Agreement
i
while it remains in effect.
1 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 1974.
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INTERLOCAL COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 1994 -1996
PAGE 5
13. 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.
MUNICIPALITY
ATTEST:
vice Mayor
Cit. (Clerk
ty Manager f Applicable)
1 f
APPROVED AS 70 FORM:
(SEAL) CITYATTCRY+ Yr, 1(I„d
COUNTY
4 �
APPROVED AS TO FORM AND PALM BEACH COUNTY, FLORIDA, BY ITS
LEGAL S FFICIENCY BOARD OF COUNTY COMMISSIONERS
.mmy K. i= ds Mary Carta, C .ir
Assistan "ounty Attorney Board of Z"ounty Comissio ers
R93 6 2 6
ATTEST:
(SEAL)
DOROTHY H. WILKEN, CLERK
1 By: -P�e, /i (/V?,_
Deputy Clerk
I
Ref:AGRICA.3YR /AO
DRP /nit 04/13/93
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INTERLOCAL COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 1994 -1996
PAGE 6
LEGAL CERTIFICATION BY PALM BEACH COUNTY
eI
Ik
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.
ammy . F' -1ds, Asst. County Attorney
Palm B -.ch County
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