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