90-AAAAARESOLUTION NO. 90- ~/~/~/~
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
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND PALM BEACH
COUNTY, FLORIDA FOR THE PURPOSE OF
PROVIDING FULL LEGAL AUTHORITY FOR THE
COUNTY TO UNDERTAKE OR ASSIST IN
UNDERTAKING ESSENTIAL COMMUNITY
DEVELOPMENT AND HOUSING ASSISTANCE
ACTI¥ITIiES, SPECIFICALLY URBAN RENEWAL
AND ~PUBLICLY ASSISTED HOUSING; A COPY
~MENT BEING ATTACHED HERETO
AS "1"~ PROVIDING AN EFFECTIVE
DATE;AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
~f the City of Boynton Beach, Florida, that:
Section 1.
The Mayor and City Clerk are hereby
~uthorized and directed to execute a certain Interlocal
Agreement, a copy of which is attached hereto as Exhibit
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~day of July, 1990.
CITY OF
)N BEACH, FLORIDA
IIATTEST~'
Vice Mayor
· ~
Comml S S 1 oner
commls sloner
(CorPorate Seal)
THIS IN~RLOCAL AGREEMENT made and entered into this
day of , 1990, by and between PALM BEACH COU~FY,
a political subdivision of the State of Florida, hereinafter referred to
as the "COUNTY", and ~z7¥ ~-]~~-~~ , a municipality duly
organized by the laws of the State of Florida, hereinafter referred to as
the ~'MUNICIPALI~Y".
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 fihe purposes of implementing CDBG activities within said
municipalities; and
WHEREAS, 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 COUNTY 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 COUN~ 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 t of the ttousing and Community
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, 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 COUNTY 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 ~UNICIPALITY, 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
certificatio~ 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
!nterlocat ~greement -
page 3
further fair housing within its own jurisdiction or that
impedes the County's actions to comply with its fair
housing certificstion.
5. The COUNTY, throngh its Division of Housing and Community
Development, shall assist the MUNICIPALITY in ~ndertaking
all professional and administrativ~ services necessary for
the purposes of implementing CDBG activities, including
preparation of all applications and other necessary
documents, planning and other administrativ~ 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 $70.501(b), th~ 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 supported activities.
tnterlocal Agreement -
Page ~
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
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 CDBG funds that is within control
of the MUNICIPALITY. Notificat~on 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
~UNICIPALITY, termination of this Agreement, or disposition
and/or transfer of any property improPed 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 0bjectives and Projected Use of Funds submitted
to HUD.
Interlocal Agreement -
Page5
10. This Agreement shall give the COUNTY authority to carry out
activities which will be funded from annual appropriations
of CDBG ~ntftlom~nt funds during F~dnrat F~cal Yoars
1992, and 1¢93, and shall terminate upon completion of all
activities and expenditures of all obligated funds to the
MI~ICIPALITY 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 ar~ hereby
d~clared to be null and void.
IN WI/~qESS WHEREOF, the parties- hereto have caused this
Agreement to be executed by their duly authorized officials.
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
COUNTY
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
BY: BY:
Tammy K. Fields
Assistant County Attorney
Palm Beach County
A/rEST:
BY:
John B. Dunkle, Cl~rk
Board of County Commissioners
Palm Beach County
ATTEST:
Cit~~ Clerk
(SEAL)
Ref: CONTRAC5
Chair (or Vice-Chair)
Board of County Commissioners
Palm Beach County
(SEAL)
'M'ay°r
Manager ~(~f Applicable)
Interlocal Agreement -
Page 6
LEGAL CERTIFICATION BY PAId BEAC~ COUNT~
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