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HomeMy Public PortalAboutpbcPALM BEACH COUNTY DEPARTMENT OF ECONOMIC SUSTAINABILITY DATE: September 4, 2014 TO: Town of Gulf Stream RE: INTERLOCAL COOPERATION AGREEMENT You previously sent us four executed Interlocal Cooperation Agreements indicating your approval to participate in Palm Beach County's Community Development Block Grant Program, Emergency Solutions Grant Program and Home Investment Partnerships Program during Federal Fiscal Years 2015, 2016 and 2017. On August 19, 2014, the Palm Beach County Board of County Commissioners approved your Interlocal Cooperation Agreement. We are accordingly hereby transmitting to you a fully executed Agreement for your records. This Agreement shall be automatically renewed for a three-year qualification period at the end of the above mentioned three-year qualification period and at the end of each subsequent qualification period unless either party provides the other party a written notice in which it elects not to participate in a new qualification period. This office will notify you in writing prior to the next three-year qualification period to provide you an opportunity to withdraw your participation. Thank you very much for your cooperation. We appreciate your participation in our programs. Please contact me at 561-233-3612 should you have any questions regarding the above. Sincerely, Betsy Barr, Director Contract Development and Quality Control R201441151 INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND TOWN OF GULF STREAM THIS AGREEMENT made and entered into on AUG 19 2114 , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the "County", and Town of Gulf Stream, a municipality duly organized and existing by virtue of 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) Program, Emergency Solutions Grant (ESG) Program and Home Investment Partnerships (HOME) Program activities within their jurisdictions, 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 of their 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, Title I of the Housing and Community Development Act of 1974, as amended, mandates 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, such interlocal cooperation agreements are also required to implement the HOME Program under Title 11 of the National Affordable Housing Act of 1990, as amended, and the ESG Program under the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act); and WHEREAS, the County desires to join with the Municipality in order to carry out the planning and professional services necessary to implement the CDBG, ESG and HOME Programs during Federal Fiscal Years 2015, 2016 and 2017, and during subsequent Federal Fiscal Years; and WHEREAS, the County and the Municipality agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities; and WHEREAS, the County and Municipality wish to cooperate in the implementation of the goals and objectives of the County's Consolidated Plan, as approved by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the Municipality desires to cooperate with the County for the purpose of implementing the CDBG, ESG and HOME Programs; and WHEREAS, the governing bodies of the County and the Municipality have each authorized this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: 1. This Agreement covers the CDBG, ESG and HOME Programs and pertains to funds that the County is qualified to receive from HUD under said Programs for Federal Fiscal Years 2015, 2016 and 2017 which cover the three-year urban county qualification period beginning on October 1, 2015, and ending on September 30, 2018 (hereinafter the "Qualification Period"). This Agreement shall remain in effect until the CDBG, ESG and HOME funds and program income Town of Gulf Stream received (with respect to activities carried out during the Qualification Period and during any subsequent three-year qualification periods covered by any renewal of this Agreement) are expended and the funded activities are completed. Neither the Municipality nor the County may terminate, or withdraw from, this Agreement while it remains in effect. 2. This Agreement shall be automatically renewed for a three-year qualification period at the end of the Qualification Period and at the end of each subsequent qualification period unless either party provides the other party a written notice in which it elects not to participate in a new qualification period. If such notice be given, the party electing not to participate shall also send a copy of the written notice to the HUD field office with jurisdiction over the County. The County shall, by the date specified in HUD's Urban County Qualification Notice for the next qualification period, notify the Municipality in writing of its right not to participate, and the County shall provide a copy of such written notice to the HUD field office with jurisdiction over the County by the date specified in the Urban County Qualification Notice. 3. While this Agreement is in full force and effect, during the Qualification Period and during any subsequent three-year qualification periods covered by any renewal of this Agreement, the County and the Municipality agree to amend this Agreement to incorporate any changes necessary to meet the requirements for cooperation agreements as set forth by HUD in its Urban County Qualification Notices applicable to all subsequent three-year qualification periods, and to provide HUD such amendments as provided in the Urban County Qualification Notices. Failure to comply with the aforesaid shall void the automatic renewal of this Agreement. 4. The Municipality, by executing this Agreement, understands that (a) It may not apply for any grants from appropriations under the State of Florida CDBG Program for fiscal years during the period in which it participates in the County's CDBG Program. (b) It may receive a formula allocation under the HOME Program only through the County. Even if the County does not receive a HOME formula allocation, the Municipality understands that it may not receive HOME Program funds from a HOME consortium with other local governments. This, however, does not preclude the County or the Municipality from applying to the State of Florida for HOME Program funds if the State of Florida so allows. (c) It may receive a formula allocation under the ESG Program only through the County. This, however, does not preclude the County or the Municipality from applying to the State of Florida for ESG Program funds if the State of Florida so allows. 5. This Agreement is contingent upon the County's qualification as an "urban county" under the CDBG Program as determined by HUD, as well as HUD's award of funds under the CDBG, ESG and HOME Programs. 6. The County and the Municipality agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. The County and the Municipality also agree to cooperate to enable the County to expend CDBG, ESG and HOME Program funds on eligible activities within the Municipality's jurisdiction during the Qualification Period and during any subsequent qualification periods covered by the renewal of this Agreement. 7. The Municipality shall assist and cooperate with the County in the preparation of the HUD required Consolidated Plan for the use of CDBG, ESG, and HOME Program funds. The County shall prepare the Consolidated Plan application and other necessary documents, and shall take full responsibility and assume all obligations as the applicant. The County and the Municipality agree to comply with said Consolidated Plan and implement activities as outlined in the Action Plan approved by HUD for the use of CDBG, ESG, and HOME Program funds. The 2 Town of Gulf Stream County and the Municipality agree that the County is hereby permitted, to undertake or assist in undertaking essential community development and housing assistance activities within the Municipality's jurisdiction. 8. The County, through its Department of Economic Sustainability, shall assist the Municipality in undertaking all professional and administrative services necessary for the purposes of implementing activities of the CDBG, ESG and HOME Programs, including preparation of all applications and other necessary documents, planning and other administrative activities, as required. 9. Pursuant to 24 CFR 570.501(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. 10. The Municipality may not sell, trade, or otherwise transfer all or any portion of CDBG Program funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG Program funds in exchange for any other funds, credits or non -Federal considerations, but must use such CDBG Program funds for activities under Title I of the Housing and Community Development Act of 1974, as amended. 11. The Municipality and the County shall take all actions necessary to assure compliance with the County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing. The Municipality and the County shall comply with Section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975), the Americans with Disabilities Act of 1990 and other applicable laws. The County shall not fund any activities in, or in support of, the Municipality should the Municipality not affirmatively further fair housing within its jurisdiction or should the Municipality impede the County's actions to comply with the County's fair housing certification. 12. The Municipality agrees that no person shall on the grounds of race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information, be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. 13. 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 the Municipality has adopted, and is enforcing, a policy of enforcing applicable State and local laws against physically barring entrance to, or exit from, a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Palm Beach County has established the Office of Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes, but is not limited to, the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the Municipality, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 to 2- 440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 3 Town of Gulf Stream 15. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or the Municipality. 16. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county or municipal officers. 17. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach County. 18. 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. (MUNICIPAL SEAL BELOW) ATTEST: By: \ l Rita Taylor, T,6wn Clerk (COUNTY SEAL BELOW) TOWN OF GULF STREAM, a municipality duly organized and existing by virtue of the laws of the State of Florida By:, co organ,'Mayor By: cep f William H. Thrasher, Town Manager (if applicable) PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS ATTEST: SHARON R.,BgCKC;\\a,,, By: y Z6 Clerk & Comptrolle_.....Cp�"4 Priscilla A. Taylor, Mayor By: I ips Document No.: R2014%1151 %1151 Q 1 eputyClerk' FLOFl19 z; AUG 19 NIA Approved as to For rtiid * Approved as to Terms and Conditions Legal Sufficiency Department of Economic Sustainability By: By: l -TAffirny K. Fields, SheI rd Chief Assistant County Attorney Depu y it ctor 15-1! Town of Gulf Stream LEGAL CERTIFICATION BY PALM BEACH COUNTY As Legal Counsel for Palm Beach County, FlOdd2 I hereby state that the terms and provisions of this Agreement entered into on / Y by and between Palm Beach County and Town of Gulf Stream are fully AthMzed under State and local law, and that the Agreement provides full legal authority for Palm Beach County to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. Tam K. Fields, Chief Assistant County Attorney Palm Beach County, Florida Department or Economic Sustainability Strategic Planning & Operations 100 Australian Avenue. Suite 500 West Palm Beach, FL 33406 (561) 233-3600 www.pbcgovcomldes ■ Palm Beach County Board of County commissioners Priscilla A. Taylor, Mayor Paulette Burdick. Vice Mayor Hal R. Valeche Shelley Vana Steven L. Abrams Mary Lou Berger Jess R. Santamaria County Administrator Robert Weisman An Equal Oppormnity Affirmative Action Employer' 9§ printed on recycled paper May 27, 2014 William H. Thrasher, Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: Participation in the Urban County Program for FY 2015-2017 Dear Mr. Thrasher: The current cooperation agreement between the Town of Gulf Stream and Palm Beach County through which the Town of Gulf Stream participates in the Palm Beach County Urban County Jurisdiction is expiring. The Town of Gulf Stream is therefore invited to execute a new agreement to participate in the Palm Beach County Urban County Program for FYs 2015, 2016 and 2017 and which will automatically renew every three years upon the Town's concurrence. The agreement will enable your municipality and its residents to continue to access funds under the Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) Program, and Emergency Solutions Grant (ESG) Programs as a part of the Palm Beach County Entitlement Jurisdiction. In addition, by participating with the County, your municipality will be eligible to receive economic stimulus or disaster recovery funding which is distributed to the County by the U.S. Department of Housing and Urban Development (HUD). The Department of Economic Sustainability (DES) will provide to you the unsigned agreement within 10 days of the date of this letter. HUD has established a very short deadline to receive the executed agreement, therefore, DES is requesting that the agreements be placed on the agenda of your earliest Town Commission meeting. DES will be in touch with you to ascertain the name of a Town staff contact and provide them any required assistance. We will also be available to attend your Town Commission's meeting to give a presentation and answer questions Be advised that participation in the County's Program will preclude your application for State CDBG funds, but you may still apply for State HOME and ESG funds if the state allows. If you choose not to renew this agreement, by June 20, 2014, you must notify DES and HUD in writing of your decision not to participate in the County's Urban Entitlement Jurisdiction. Please address such notification to DES's address listed above and to HUD as follows: Ann D. Chavis, CPD Director U.S. Department of Housing & Urban Development Florida State Office, Brickell Plaza Federal Building 909 Southeast First Avenue, Room 500 Miami, FL 33131 If you have any questions, please contact Carlos Serrano, Director, Strategic Planning and Operations at 561-233-3608 or Clement Clarke, Principal Planner at 561-233-3622. Sincerely, Edward W. Lowe ., Director Department of EckppKic Sustainability cc: Sherry Howard, Deputy Director, DES Betsy Barr, Director of Contracts and Quality Control, DES Carlos Serrano, Director, Strategic Planning, DES Clement C. Clarke, Principal Planner, DES S:U0l3-14\Urban County Qualiftcation\Agreement Template and other Required Documetufflulf Stream\Letter Soliciting Continued Participation Amended.docx INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND The Town of Gulf Stream THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this day of 07-12-20112011 by and between PALM BEACH COUNTY, apolitical subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and, The Town of Gulf Stream 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), Emergency Shelter Grant (ESG) Program, 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 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 of their 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, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of the National Affordable Housing Act of 1990, as amended, and ESG under the McKinney Vento Homeless Assistance Act of 1987; and WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and professional services necessary to implement the CDBG, ESG and HOME Programs during Federal Fiscal Years 2012, 2013, 2014; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities; and WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and objectives of the COUNTY'S Consolidated Plan, as approved by the U.S. Department of Housing and Urban Development; and I The Town of Gulf Stream WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Development Block Grant, Emergency Shelter Grant, and HOME Programs. NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend CDBG, ESG and HOME funds for eligible activities within the MUNICIPALITY during Federal Fiscal Years 2012, 2013, 2014 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, Title It of National Affordable Housing Act of 1990, as amended, and McKinney Vento Homeless Assistance Act of 1987, 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. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated 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. 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 submitting the Consolidated Plan to HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure 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, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, the Americans with Disabilities `A The Town of Gulf Stream Act of 1990, and other applicable laws. 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. 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 2012, 2013, 2014; may not participate in a HOME consortium except through the COUNTY; and may not receive ESG funding from any other entity except the County; but if allowed may apply to the State for funding under the State's ESG and HOME Programs. 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 to, or exit from a facility or location which 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 MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing CDBG, ESG, 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 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 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. 3 The Town of Gulf Stream 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, ESG, 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. 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 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 will comply with the Consolidated Plan and the implementing program as outlined in the Action Plan, which governs the expenditure of CDBG, ESG, and HOME funds. 11. Pursuant to Palm Beach County Code Section 2-421 — 2-440, Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County agreements, contracts, transactions, accounts, and records. All parties doing business with the County and receiving County funds, including the MUNICIPALITY, shall fully cooperate with the Inspector General. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and to audit, investigate, monitor, and inspect the activities of the Agency, its officers, agents, employees, and lobbyists in order to ensure compliance with this Agreement, and to detect waste, corruption, and fraud. 12. The MUNICIPALITY agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, sexual orientation, marital status, or gender identity and expression be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terntinate this Agreement. 4 The Town of Gulf Stream 13. This Agreement shall give the COUNTY authority to carry out activities which will be funded from annual appropriations of CDBG, ESG and HOME entitlement funds and program income through Federal Fiscal Years 2012, 2013, 2014. The Agreement shall remain in effect until all CDBG, ESG, and HOME funds and any program income received with respect to activities carried out during the three-year qualification period 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. 14. 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, as amended, the McKinney Vento Homeless Assistance Act of 1987, and the National Affordable Housing Act of 1990, as amended. 15. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county or municipal officers. 16. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach County. 17. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. 5 The Town of Gulf Stream IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. in SHARON R. BOCK, Clerk & Comptroller PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS eputy Clerk : of K e arcus, Chair %� 6o�F�oRioA�a= Approved as to Form and Legal Sufficiency: B• T y K. Fields Senior Assistant County Attorney ATTEST: Clerk (SEAL) Approved as to Terms and Conditions Dept. of Housing & Community Development 4BYEdward jLoweD' ec evelopment The Town of Gulf Stream, a municipality duly organized by the laws of the State of Florida Mayor � Manager (if applicable) The Town of Gulf Stream 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 authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. T C. Fleld , Senior Assistant County Attorney Palm Beach County, Florida 7 COMMISSIONERS WILLIAM F. KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED 11. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON July 11, 2011 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Housing & Community Development 100 Australian Ave. -Suite #500 West Palm Beach, F1 33406 And Maria Ortiz -Hill, CPD U.S. Dept of Housing & Urban Development Florida State Office Brickell Plaza Federal Bldg. 909 Southeast First Avenue, Room 500 Miami, FL 33131 Telephone (561)276-5116 In (561) 737-0168 Town Manager WILLIAM H.THRASHER Town Clerk RRA LTAYLOR I am enclosing an excerpt from the minutes of the Town Commission meeting held on June 10, 2011 at which the Interlocal Cooperation Agreement was approved. This has been Certified. The executed document and three signature pages has already been given to you. Very truly yours, Rita L. Taylor Town Clerk Enclosures 100 SEA ROAD, GULF STREAM, FLORIDA 33483 w ri cow SkfflTOCA7E STATE OF FLORIDA ) COUNTY OF PALM BEACH ) ss TOWN OF GULF STREAM ) rated ano 1 Rita L Taylor hereby certify that I em the duly appointed acting Clerk of the Town of Gulf Stream, Florida, that the to is a Irue and correct copy of a Document, the original of which is on file m The Office of the Town Clerk of the Town of Gulf Stream, Florida IN WITNESS WHEREOF, I have er unto set mhand and affixed 2u� official seal of said Town, this day of (SEAL) Rita L Taylor Town Clerk Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 10 an 8' x 20' storage containers will sit 10' back from the west property line, which will be used to story tools and small equipment; and, Kast Construction will ensure that the site will be kept clean, all contractors will register with the Town and any changes will be reviewed by the Town and the Police Department. Commissioner Wheeler said what usually happens is that everything looks great when the construction trailer goes on site, but down the road it begins to look bad and requested that they keep the site in good repair at all times. Mr. Young said they will maintain the trailer and the fence and noted that the last two pages of the site plan are photo representations of the construction trailer. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the temporary construction trailer, et al. as presented on the site plan. There was no discussion. All voted AYE. B. Interlocal Cooperation Agreement for participation in the Palm Beach County Urban County Program for FY 2012 thru 2014. Clerk Taylor said the Commission usually adopts this'type of Interlocal Cooperation Agreement and it helps with some of the requirements in the Town's Comp Plan. Commissioner Devitt moved and Commissioner Anderson seconded to authorize the Mayor to enter into the Interlocal Cooperation Agreement between Palm Beach County and the Town of Gulf Stream. There was no discussion. All voted AYE. C. Select Voting Delegate for Fla. League of Cities Conference Vice -Mayor Orthwein said that Mr. Thrasher, the Town Manager, has been the Voting Delegate for the Florida League of Cities Conference. Commissioner Anderson moved and Commissioner Devitt seconded to select Gulf Stream Town Manager, William Thrasher, as the Voting Delegate for the Florida League of Cities Conference. There was no discussion. All voted AYE. D. Items by Mayor & Commissioners Commissioner Devitt inquired about the current water restrictions. Mr. Randolph said restrictions have been imposed on a city by city basis and right now there are three cities that get there water from the West Palm Beach supply that are restricted to watering only day a week. Clerk Taylor said Gulf Stream is restricted to watering two days a week. Commissioner Devitt asked about hand watering and Clerk Taylor said hand watering has not been addressed. Chief Ward said the way the restrictions are written, hand watering should occur during the same hours allowed for irrigation, midnight to 10:00 A.M. and/or from 4:00 P.M. to midnight, and restrictions broaden for new landscape. XI. Public. Mr. Robert Ganger, President of the Florida Coalition, stated that Representative Hager gave a very good presentation; however, he left out an important fact. He said the Growth Management Act, which expedites the process of getting the State out of a lot of development activities, was signed this year, but there were some subsequent changes. Mr. Ganger said it left the protection of important State resources in its most ambiguous form. He said when we see an important State resource being violated by a development, the question is, where does the public Housing and Community Development Planning 100 Australian Avenue - Suite #500 West Palm Beach, FL 33406 (561)233-3600 FAX: (561) 233-3651 www.obceov.com/hcd ■ Palm Beach County Board of County Commissioners Karen T. Marcus, Chair Shelley Vona, Vice Chair Paulette Burdick Steven L. Abrams Burt Aaronson Jess R Santamarin Priscilla A. Taylor County Administrator Robert Weisman, P.E. An Equal Opportunity Affrrmaim Action Employer' May 9, 2011 Mr. William Thrasher, Town Manager The Town of Gulf Stream 100 Sea Road Gulf Stream FL, 33483 Re: Participation in the Urban County Program for FY 2012-2014 Dear Mr. Thrasher: I am writing this letter to solicit the renewal of The Town of Gulf Stream's participation in the Palm Beach County Urban County Program for FY 2012, 2013 and 2014. This will enable your municipality and its residents to continue to access funds under the Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) Program, and Emergency Shelter Grant (ESG) Program as a part of the Palm Beach County Entitlement Jurisdiction. In addition, by participating with the County, your municipality will be automatically eligible to receive any economic stimulus or disaster recovery funding, which is distributed to the County by the Federal Government. Participation with the County will not allow you to apply for State CDBG funds, but you will still be able to apply for State HOME and ESGP funds, if the state allows. If you choose not to renew this agreement, you must notify Palm Beach County Housing and Community Development (HCD) and U.S. Department of Housing and Urban Development (HUD) in writing of your decision not to participate in the County's Urban Entitlement Jurisdiction by June 3, 2011. Address your correspondence to HCD's address listed above and to HUD as follows: Maria Ortiz -Hill, CPD U.S. Department of Housing & Urban Development Florida State Office, Brickell Plaza Federal Building 909 Southeast First Avenue, Room 500 Miami, FL 33131 HCD manages the administration of the above named federal programs and ensures compliance with HUD's guidelines. Activities eligible for funding under the Programs include (among others): • capital improvement projects • economic development initiatives • housing rehabilitation • homeless and homeless prevention activities • public services • emergency repairs to housing • mortgage subsidies for first- time homebuyers Enclosed is your unexecuted Interlocal Cooperation Agreement that will ensure your municipality's participation with the County for a period of three years (FY 2012, 2013, & 2014) after execution. Please schedule this item for consideration at your next commission meeting and return to HCD by June 13 2011 A HCD staff member is available to attend to give a presentation and to answer any questions. Please advise if HCD representation is needed. Submit the following items to HCD by June 13 2011• 1. A letter clearly stating your municipality intent to renew its Interlocal agreement with the County 2. One executed Interlocal Cooperation Agreement (enclosed) stamped with the municipality's seal (if no seal please draw by hand) 3. Three executed signature pages (enclosed) stamped with the municipality's seal 4. A Certified resolution or certified copy of minutes from the meeting that the agreement was approved These documents must be received by HCD on or before the above-specified date to allow the Palm Beach County Board of County Commissioners (BCC) to, in a timely manner, approve and sign the agreements, and for HCD to forward the agreements and other required documents to HUD by July 15, 2011. HCD will return one original agreement to you after approval and execution by the BCC. If you have any questions, please contact Scott Schultz at 561-233-3616 or Clement Clarke at 561-233-3622. Sincerely, D Edward W. Lowery, J.D., re r Housing and Community a opment Enclosures: Interlocal Cooperation Agreement (1) Signature Pages (3) cc: Shannon LaRocque, Assistant County Administrator, PBC (W/O enclosures) Tammy Fields, County Attorney, PBC (W/O enclosures) Edward Lowery, Director, HCD (W/O enclosures) Journey Beard, Director of Contracts and Quality Control, HCD (W/O enclosures) Elena M. Escovar, Planning & E.D. Manager, HCD (W/O enclosures) Clement C. Clarke, Principal Planner, HCD (W/O enclosures) S:R010_1I\Urban County QualificationNunicipality Lettcm\Solicitation for Participation Letter\Solicit Participation Municipality Letter (Mail Merge Template)doc INTERLOCAL COOPERATION AGREEMENT ' I BETWEEN PALM BEACH COUNTY AND TOWN OF GULF STREAM % 0 8 1075 JUN 17 zoos THIS INTERLOCAL CObPEIo TION AGREEMENT made and entered into this _ day of _ 2008 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and ,TOWN OF GULF STREAM 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 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 of their 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, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of the National Affordable Housing Act of 1990, as amended; and WHEREAS, the COUNTY desires to join with municipalities in orderto carry out the planning andprofessional services necessary to implement the CDBG and HOME Programs during Federal Fiscal Years 2009, 2010, 2011; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities; and WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and objectives of the COUNTY'S Consolidated 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 and HOME Programs. 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 2009, 2010, 2011 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, and Title II ofNational Affordable Housing Act of 1990, as amended, 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. 3. With the MUNICIPALITY S assistance, the COUNTY will prepare a Consolidated Plan as required by the U.S. Department of Housing and Urban Development (MUD). 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. The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or assistin undertaking essential community development and housing assistance activities within the MUNICIPALITY; however, the COUNTY has final responsibility for selecting activities and annually submitting the Consolidated Plan to HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure 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, 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 CDBG or HOME funds for activities in or in support of any MUNICIPALITY that does not affirmatively TOWN OF GULF STREAM 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 for grants under the Small Cities or State CDBG Programs from appropriations for Fiscal Years 2009, 2010, 2011; 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 ofenforoing applicable State and local laws against physically barring entrance to, or exit from a facility or location which 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 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 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 anyreal property (from that planned at the time of acquisition or improvement, including disposition) acquired or improved in whole or in 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. 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 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. 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 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 will comply with the Consolidated Plan and the implementing program as outlined in the Annual Consolidated Plan, which governs the expenditure of CDBG and HOME funds. 11. This Agreement shall give the COUNTY authority to carry out activities which will be funded from annual appropriations of CDBG andHOME entitlement funds andprogram income through Federal Fiscal Years 2009, 2010, 2011. The Agreement shall remain in effect until all CDBG funds, HOME funds and any program income received with respect to activities carried out during the three-year qualification period 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 qualification as an "urban county" and award offunds under the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended. 13. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county or municipal officers. 14. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach County. a 15. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. TOWN OF GULF STREAM IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. MUM Approved as to Form and Legal Sufficiency: By: my K fields Senior Assistant County Attorney ATTEST: 'E6 1�6' -A Clerk (SEAL) R2008 1075 IIII11 ��8 PALMBEACH COUNTY, FLOItY K, a Polizeal Subdivision //����BOARRD OF COUNTY COMMISSIONERS /Jf By: _d�/1`, rl� Addie Greene, Chairperson Approved as to Terms and Conditions Dept. of Housing and Community Development 4O cl Edward Lowery, Housing and Community TOWN OF GULF STIWiCM, a municipality duly grganized by the laws of the State of Florida Manager TOWN OF GULF STREAM 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 authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake, or assist in undertaking, common' renewal and lower income housing assistance activities. a S telds, Senior Assistant County Attorney Palm Beach County, Florida ricaW CERTIFICATE STATE OF FLORIDA ) COUNTy OF PALM BEACH )$a TOWN OF GULF STREAM ) I Rita L Taylor hereby certify that I em the duty appointed and acting Clerk of the Town of Gulf Stream, Florida, that the foregoing Ia a hue and correct copy of a Document, the original of which is on rite AV the Office of the Town Clerk of the TEig of Gulf StreamFlorida IN WITNESS WHEREOF, I have hereunto affixed m official seal of said Town, this f (SEAL) r Regular Meeting & Public Hearing Town Commission April 11, 2008 page 5 Commissioner Wheeler suggested requiring directional boring only for underground work. Mayor Koch directed Attorney Randolph to draw up a right of way manual where there would be certain rules in place for anyone using the Town's • right of way. VIII. Items for Commission Action. A. Items by Mayor & Commissioners B. Resolution No. 008-3; A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING GARBAGE COLLECTION FEES TO BE INCLUDED AS A FEE ON THE WATER BILL; PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Taylor read Resolution No. 008-3 by title and explained that the Resolution authorizes garbage collection fees to be included as a fee on the water bill effective 3/31/08. Commissioner Wheeler moved and Commissioner Anderson seconded to approve Resolution No. 008-3. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. C. Interlocal Agreements 1. Agreement with Northern Palm Beach County Improvement District for MS4 NPDES Third Term Permit The Town Clerk explained that the agreement is an extension of the current agreement with Northern Palm Beach County for the MS4 NPDES Third Term Permit. Commissioner Anderson moved and Commissioner Orthwein seconded to approve the agreement with Northern Palm Beach County Improvement District for MS4 NPDES Third Term Permit. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. Sr� 2. Cooperation Agreement with Palm Beach County for participation in P.B. County Urban County Program Town Clerk Taylor explained that this is an Interlocal Agreement to participate in the Community Development Block Grant (CDBG) and Home Partnerships Program (HOME) within the County. •Commissioner Anderson moved and Commissioner Orthwein seconded to approve the Cooperation Agreement with Palm Beach County for participation in P.B. County Urban County Program. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. D. Review of Bank Account Authorizations Mr. Thrasher explained that currently any checks written in the operating fund over $500 requires two signatures. He stated that with the increasing costs of everything over the years he is recommending and requesting an increase on the limit for having two signatures. The Town Manager added that only he and the Town Clerk are authorized to sign plus all the Commissioners. Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 9 based on the finding that it meets the gray slate -style roof tile criteria of the Town Code. There was no discussion. All voted AYE. 2. Mark Marsh, Agent for Davis, 554 Palm Way. Commissioner Wheeler moved and Commissioner Devitt seconded to approve the recommendation of the ARPB with respect to the gray slate -style based on the finding that it meets the gray slate -style roof tile criteria of the Town Code. There was no discussion. All voted AYE. IX. Reports. A. Town Manager Mr. Thrasher gave a brief report on the status of the undergrounding project. He said Mr. Brannon of Brannon & Gillespie has informed the Town that he is working with the surveyors and has asked for a proposal for the first phase of the project. Mr. Thrasher said that as soon as he has the information provided by the surveyors, he will share with the Commission. B. Architectural Review & Planning Board 1. Meeting Dates a. June 23, 2011 @ 8:30 A.M. b. July 28, 2011 @ 8:30 A.M. c. No meeting in August 2011 d. September 22, 2011 @ 8:30 A.M. e. October 27, 2011 @ 8:30 A.M. f. November to be determined Vice -Mayor Orthwein noted the Meeting Schedule. C. Finance Director 1. Financial Report for May 2011 Mr. Thrasher requested that the Financial Report for May 2011 be approved as submitted. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Financial Report for May 2011. There was no discussion. All voted AYE. 2. Water Usage as of May 31, 2011 Mr. Thrasher stated that the Water Usage as of May 31, 2011 was provided in the Commission Meeting packet for review and no action is required. There was no discussion. D. Police Chief 1. Activity for May 2011 Chief Ward requested that the Activity Report for May 2011 be accepted as submitted. There was no discussion. The Activity Report for May 2011 was. accepted. X. Items for Commission Action. A. Request for a Construction Trailer; 4001 N. Ocean-Kast Constr. Zack Young of Kast Construction introduced himself and stated that they are requesting a construction trailer at 4001 N. Ocean project. He said a site plan was provided which shows the layout of the construction trailer, fencing, parking area and storage containers on page 2. Mr. Young stated the following: The trailer is 12' wide and 56' long and will remain on site until closeout, which is estimated to be about 17 months from receipt of permit; there will be a 6' chain-link fence .around the property with.a wind screen, which meets the 5' setback, and R2O05 1192 INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND TOWN OF GULF STREAM THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this _ day of JUN 21 2MS , 2005 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and TOWN OF GULF STREAM, 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 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 of their 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, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of the National Affordable Housing Act of 1990, as amended; 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 2006, 2007, 2008; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities; and WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and objectives of the COUNTY'S Consolidated Plan, as approved by the U.S. Department of Housing and Urban Development; and WHEREAS, the MUNICIPALffY desires to cooperate with the COUNTY for the purpose of implementing the Community Development Block Grant and HOME Programs. 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 2006, 2007, 2008 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, and Title 11 of National Affordable Housing Act of 1990, as amended, 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. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will I TOWN OF GULF STREAM undertake or assist in undertaking all professional and administrative services necessaryto prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility and assume all obligations of an applicant. 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 submitting the Consolidated Plan to HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure 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, 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 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. 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 2006, 2007, 2008; 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 to, or exit from a facility or location which 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 MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes ofimplementing CDBG orHOME 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 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 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. 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 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 2 TOWN OF GULF STREAM 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 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 will comply with the Consolidated Plan and the implementing program as outlined in the Annual Consolidated Plan, which governs the expenditure of CDBG and HOME funds. 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 Fiscal Years 2006, 2007, 2008. The Agreement shall remain in effect until all CDBG funds, HOME funds and any program income received with respect to activities carried out during the three-year qualification period 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 qualification as an "urban county" and award of funds under the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended. 13. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county or municipal officers. 14. A copy of this 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. Remainder of Page Intentionally Left Blank 3 Housing & Community Development Department 3323 Belvedere Road. Building 501 West Palm Beach. FL 33406 (561) 233-3601 FAX: (561) 233-3651 wwwpbcgov.com Palm Beach County Board of County Commissioners 7bny Masilord, Chairman Addie L. Greene, Vice Chairperson Karen T Marcos Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman 'An Equal Opportunity Affirmative Action Employer' Wprinted an nxyciedpapor July 8, 2005 Ms. Rita L. Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Ms. Taylor: Enclosed foryourrecords is the fully executed Interlocal Cooperation Agreement with Palm Beach Countyfor the Town of Gulf Stream's participation in Palm Beach County's Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs through the Urban County Qualification Program for federal fiscal years 2006, 2007, and 2008. If you have any questions regarding this document, please contact Jim Gold, Planner I at (561) 233-3622. Sincerely, 4--Im Remar M. Harvin Director cc: Elena M. Escovar, Planning Manager, PL Clement C. Clarke, Principal Planner, PL Carlos R. Serrano, Senior Planner, PL Jim Gold, Planner I SA2004_05\Urban County QuahRemm Executed ICA\Gulf Strmm.wpd TOWN OF GULF STREAM IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. ATTEST: SHARON R. BOCK, Clerk & Comptroller Clerk COUNTY FLORIDA Approved as to Form and Sufficiency: B ammy K. Fields Senior Assistant County Attorney ATTEST: — a A- L17 -1111 Clerk (SEAL) T) r� rd R2005 1192 JW 2t M PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS 1-2 Approved as to Terms and Conditions Dept. of Housing and Community Development By:�� Elena M. Escovar, Manager Planning & Economic Development TOWN OF GULF STREAM, a municipality duly organized by the laws of the State of Florida Mayor Manager (If Applicable) TOWN OF GULF STREAM 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 authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. l'am K. �Fkfdi, Senior Assistant County Attorney Palm Beach County, Florida Ref: 5:\2004_05\Urban County QuaIVCA 2006to08 Form.wpd Palm Beach County Housing and Community Development Community Development Needs Survey Name of Agency/Organization: tbW J OF UQLe 5 R+-�i✓Y� Contact Person and Phone Number: 'b1LL - t-i?,4At6-7t- I. Community Development Cateeories: Please identify the category(s) and subcategory(s) in which Your agency/organization works. Public Facilities Infrastructure Public Services Economic Development (ED) Estimated Cost Senior Centers Water/Sewer Improvements Senior Services ED Assistance to For -Profits (businesses) Centers for the Disabled Street improvements Services for the Disabled ED Technical Assistance (businesses) Homeless Facilities Sidewalks Youth Services Micro -Enterprise Assistance (businesses) Youth Centers Solid Waste Disposal Improvements Child Cam Services Rehabilitation to Publicly- or Privately - Owned Commercial/Industrial Child Care Centers Flood Drain Improvements Transportation Services C/1• Infrastructure Development (projects) Health Facilities Other (Please List) Substance Abuse Services Other C/I• Improvements (projects) (Please List) Neighborhood Facilities Employment Training Parks and/or Recreation Facilities Health Services Parking Facilities Lead Hazard Screening Non -Residential Historic Preservation Crime Awareness Other (Please List) Other (Please List) 'Commercial or Industrial Improvements by Grantee or Non -Profit II. Community Development Needs: Please identify any community needs or deficiencies within Your scope of service for FY2005-2010 Please list each need separately, assign each a Priority, and then rank their priority. (In other words, if you have 3 high priorityprojects, indicate which project is most crucial.) Finally, please estimate the number of units needed, the unit cost, and the number of direct beneficiaries if possible Community Need/ Priori (high, med, low) Rank # Units Needed Estimated Cost Estimated # of Deficiency Beneficiaries e.g., Community Crime Hotline medium 1 2 Hotlines $12,000peryear/ per hotline 98 callers/month (]'tease attach additional sheets, as necessary.) M. A2encv/Organization Profile: 1. What are the Primary services Your agency/organization Provides9 2. 3. 4. What is the Population Your agency/organization serves? '7 Io Please identify any income guidelines Your agency/organization follows to determine recipient eligibility. fj Ier Please estimate ... How many recipients your agency/organization served in 2000. How many recipients your agency/organization will serve in 2005 Persons or Households l� 0' 5. Has Your agency/organization conducted a needs assessment survey, or any type of study for this community development need? (If yes, briefly describe the assessment(s) and the results; attach copies of the assessment, if possible. If no, explain how your agency programs its activities.) No 6. Aside from fiscal restraints, what obstacles might Your agency/organization encounter when trying to provide the community needs/deficiencies you listed above. (Please be specific.) N1i'r What measurable obiectives are Your agency/organization working towards in the next 5 years? tf 9. Have You learned of any innovations or "great ideas" from colleagues working on similar activities in other areas that You wish we could implement in Palm Beach County? fJ 1 iy 10. Do you know any other agencies/organizations we may contact that may have additional information regarding this area of community need? Name of agency/organization: Contact person and phone # : If you have any questions or comments about this form, please contact Willy Yolk, Planner I, at (561) 233-3606. When finished, please: Mail this form to HCD, 3323 Belvedere Rd., Bldg. 501, West Palm Beach, FL 33406, Attn: Willy Yolk; or, Fax the form to (561) 133-3651, Attn: Willy Yolk; or, Alternatively, if you prefer to complete an electronic version, e-mail Gvolk@.co.Palm-heach.fl. us and he will send you an electronic copy. Thank you for your help! HP Fax Series 900 Plain Paper Fax/Copier Last Fax Fax History Report for Town of Gulf Stream 561 737 0188 Oct 26 2004 12:07pm Date Time Type Identification Duration Pages Result Oct 26 12:05pm Sent 2333651 1:16 3 OK Result: OK - black and white fax Housing & Community Development Department 3323 Belvedere Road Building #501 West Palm Beach, FL 33406 (561) 233-3601 FAX: (561) 233.3651 www.pbcgovcom ■ Palm Beach County Board of County Commissioners Karen T. Marcus, Chair 3bny Masilord, Vice Chairman Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson Addie L Greene County Administrator Robert Weisman 'An Equal Opportunity A,Qirmative Action Employer' Wptinted on recycled paper October 21, 2004 Mr. William Thrasher, Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Thrasher: Palm Beach County Department of Housing and Community Development (HCD) has begun gathering information for its Five Year Consolidated Plan (Fiscal Years 2005-2010), as required by the U.S. Department of Housing and Urban Development (HUD). In an effort to identify the Non -Housing Community Development Needs for Palm Beach County, HCD requests your assistance by completing the enclosed survey. The data you provide will assist HCD in identifying the level of need in the county for various Community Development activities, services, and programs. Therefore, even if you do not intend to apply for Community Development Block Grant (CDBG) funds, we ask that you please complete the survey. To facilitate the gathering of information, HCD has designed this survey according to HUD's classification of Community Development Needs, which are categorized as: 1) Public Facilities; 2) Infrastructure; 3) Public Services; or 4) Economic Development. Each category is further divided into subcategories. Please identify the category/subcategory in which your agency/organization is involved andanswer the questions as thoroughly as possible. Please note that it is possible for a single agency/organization to be active in more than one category or subcategory. This information must be gathered soon; consequently, HCD staff may contact you to follow up on this letter and confirm its receipt. If you need assistance with the survey, or if you would like to convey information not requested on the survey, please contact Mr. Willy Volk, Planner I, at (561) 233-3606. Alternatively, if you would prefer to complete an electronic version of the survey, send an e-mail to Gvolk@co.Dalm-beach.fl.us. Please either mail the completed survey to the address on this letterhead (attention: Mr. Volk): or fax it to Mr. Volk at (5611233-3651: or reply electronically. by November 19. 2004. Thank you for your assistance in gathering this very important information. Your cooperation is greatly appreciated. Sincerely, Rem Harvin, Director Housing and Community Development Enclosure cc: Elena M. Escovar, Planning & E.D. Manager, HCD Ref: S:@004-05 iveYmtConsPlan\Nm-HousingCommunilyDevelopmentLtrlCommunilyneedsSurvey FAX Cover Sheet TO: Willy Volk, Planner I HCD Phone: 561-233-3606 Date: October 26, 2004 Number of pages including cover sheet: 3 FROM: Town of Gulf Stream Phone: 561-276-5116 Far Phnna• GF1-7']7-n1Qa REMARKS: x As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP Originals to Follow by Mail: Yes CC: Fax Phone: No X R2oo2 1379 INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND TOWN OF GULF STREAM THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this _ day of AUG 2 0 2002 , 2002, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and TOWN OF GULF STREAM, 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 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 WHEREAS, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of the National Affordable Housing Act of 1990, as amended; 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 2003, 2004, 2005; 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 Consolidated 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 and HOME Programs. 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 2003, 2004, 2005 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, and Title II of National Affordable Housing Act of 1990, as amended, and receive funds under these Acts. 2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking, community renewal and lowerincome housing assistance activities, specifically urban renewal and publicly assisted housing. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated 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. The COUNTY and the MUNICIPALITY 1 I TOWN OF GULF STREAM 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 submitting the Consolidated Plan to HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure 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, 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 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. 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 2003, 2004, 2005; 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 to, or exit from a facility or location which 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 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 improvement, including disposition) acquired or improved in whole or in 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. 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 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. 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 or 2 TOWN OF GULF STREAM 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 will comply with the Consolidated Plan and the implementing program as outlined in the Annual Consolidated Plan, which governs the expenditure of CDBG and HOME funds. 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 Fiscal Years 2003, 2004, 2005. The Agreement shall remain in effect until all CDBG funds, HOME funds and any program income received 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 qualification as an "urban county" and award of funds under the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended. 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. ATTEST: DOROTHY H. WILKEN, Clerk IT' Deputy Clerk 10' FLORIDA :.t hq prove to Form ands -• �O y K. Fields Assistant County Attorney ATTEST: 44 Clerk (SEAL) 3 R2OO2 1379 PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNT COMMISSIONERS AUG 2 0 2002 By: Warren If Newell, Chairman Approved as p Terms and Conditions Dept. of mg and Co mu ' y Dei By: Edward W. Lo ry, J.D., n Planning Section TOWN Mayor Manager (If Applicable) ipality duly Florida TOWN OF GULF STREAM 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 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 activitie!�g ifically urban renewa�publicly assisted housing. 1i@lds, Assistant County Attorney County, Florida Ret: 5:\2001_0212001 _02\UrbanColag`pa=g.wpd H