Agenda 06/26/2018 Item #16D1706/26/2018
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to the Urban County Cooperation Agreement
with the City of Naples, authorize the chair to sign the approving resolution, and authorize staff to
forward the supporting documentation to the U.S. Department of Housing and Urban Development
(HUD) to comply with HUD’s Urban County Re-Qualification requirements.
OBJECTIVE: To re-certify Collier County as an Urban Entitlement County, including facilitating
cooperation between the Board of County Co mmissioners (BCC) and the City of Naples in the
administration and implementation of an Urban County Cooperation Agreement for the Community
Development Block Grant (CDBG) Program.
CONSIDERATIONS: Collier County, along with the participating cities, Naples and Marco Island,
became eligible to receive federal CDBG entitlement funds annually through an Urban County
Cooperation Agreement adopted by all jurisdictions in September 2000. By Statute, 24 CFR 570.307(d),
the County is required to adopt a Cooperation Agreement every three (3) years with its participating
municipalities.
Participating jurisdictions benefit from this optional partnership, established for the administration of the
HUD CDBG program, in that they receive grant funds for use in their juri sdiction and the County
provides the required administrative and compliance functions on their behalf.
As required for each tri-annual Urban County re-qualification, Collier County staff contacted the City of
Naples, City of Marco Island and Everglades City requesting confirmation of their decision concerning
participating in the Urban County Cooperation Agreement. As of May 22, 2018, both the City of Marco
Island and Everglades City declined to participate.
At the regular City Council meeting of May 2, 2018, the City of Naples adopted the attached First
Amendment to the Urban County Cooperation Agreement and Resolutions for fiscal year 2018. The
Amendment was required to add new required compliance language ensuring that jurisdictions and units
of local government use the funds only for allowable CDBG activities and programs.
FISCAL IMPACT: There is no fiscal impact for this item. Collier County receives approximately $2.5
million in CDBG entitlement funds each year. The City of Naples allocation is typ ically approximately
$105,000.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote
for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: The activities associated with this amendment are consistent
with the Housing Element of the Growth Management Plan.
RECOMMENDATION: To approve a First Amendment to the Urban County Cooperation Agreement
with the City of Naples, authorize the chair to sign the approving resolution, and authorize staff to
forward the supporting documentation to the U.S. Department of Housing and Urban Development
(HUD) to comply with HUD’s Urban County Re-Qualification requirements.
Prepared By: Cormac Giblin, Grant and Housing Development Manager, Community and Human
Services Division
06/26/2018
ATTACHMENT(S)
1. 1st Amndt to Urban Co. Coop Agre06042018131812 (PDF)
2. Resolution City of Naples Urban County Agreement CAO Stamped (PDF)
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.17
Doc ID: 5872
Item Summary: Recommendation to approve a First Amendment to the Urban County
Cooperation Agreement with the City of Naples, authorize the chair to sign the approving resolution, and
authorize staff to forward the supporting documentation to the U.S. Department of Housing and Urban
Development (HUD) to comply with HUD’s Urban County Re-Qualification requirements.
Meeting Date: 06/26/2018
Prepared by:
Title: – Community & Human Services
Name: Hilary Halford
06/05/2018 8:09 AM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
06/05/2018 8:09 AM
Approved By:
Review:
Public Services Department Kimberley Grant Additional Reviewer Completed 06/05/2018 11:56 AM
Community & Human Services Cormac Giblin Additional Reviewer Completed 06/05/2018 1:31 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/06/2018 10:55 AM
Procurement Services Ted Coyman Level 1 Purchasing Gatekeeper Completed 06/07/2018 6:24 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/11/2018 9:06 AM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 06/11/2018 2:30 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2018 3:04 PM
Grants Erica Robinson Level 2 Grants Review Completed 06/12/2018 1:14 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/13/2018 11:39 AM
Office of Management and Budget MaryJo Brock Additional Reviewer Skipped 06/15/2018 3:50 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/15/2018 4:25 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/18/2018 7:40 AM
Grants Therese Stanley Additional Reviewer Completed 06/18/2018 9:06 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/18/2018 10:12 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/18/2018 11:45 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM
FIRST AMENDMENT TO TJRBAI{ COUNTY COOPERATIONAGREEMENT
BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
TIIIS FIRST AMENDMENT TO TJRBAI\I COI'NTY COOPERATION
AGREEMENT, is entered this , date of 2018, by and
between Collier County, a political subdivision ofthe State of Florida through its Board of County
Commissioners of Collier County, Florida (hereinafter referred to as the "County"); and the City
of Naples, Florida (hereinafter refened to as the "City"), collectively referred to as the "Parties".
WITNESSETH:
WIIEREAS, the Housing and Community Developmeot Act of 1974, as amended, makes
provision whereby counties may enter into cooperation agreements with certain units of
govemment to carry out activities which will be firnded ftom annual Federal Housing and Urban
Development (HUD) Commmity Development Block Grant program firnds; and
WHEREAS, the cooperation of the City and County is essential for the successful
planning aod implementation of the Community Development Block Grant (CDBG) ptogram
under an "Urban County" designation by the U.S. Department of Housing and Urban
Development; and
WIIEREAS, in 2012 the City opted to be included in the Urban Comty Program, Urban
County Cooperation Agreement attrached as Exhibit "A" and incorporated by reference herein; and
WHEREAS, the term of the Urban County Cooperation Agreement has automatically
renewed since 2012 with the City continuing irs participation Urban County Program; and
WHEREAS, this First Amendment is to incorporate a new standard term that was recently
required by HUD into the Urban County Cooperation Agreement.
NOW THER.EFORE, in oonsideration of the mutual oovenants and promises set forth
herein, the Urban County Cooperation Agreement is amended as follows:
1. Add a new term to the Urban County Cooperation Agreement to be identified as
"Paragraph 15" which shall state:
15. A unit of general local govemment may not sell, trade, or otherwise transfer all or
any portion of such firnds to a meEopolitan city, urban county, unit of general local government,
or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any
other funds, credits or non-Federal considerations, but must use such funds for activities eligible
under Title I of the Housing and Community Development Act of 1974, as amended.
2. Except as expressly provided herein, the Urban County Cooperation Agreement remains
in full force and effect according to the terms and conditions contained thsrein, and said terms and
conditions are applicable hereto except as expressly provided otherwise herein.
IN WTTNESS WHEREOf,', the County and the City have executed this Ffust Amendment
to Urban County Cooperation Agreement effective as of the date witten above.
ATTEST:
DWIGIII E. BROCK, Clerk
BOARD OF' COMMISSIONERS
COLLIER CO['NTY. FLORIDA
ANDY SOLIS, CTIAIRMAN
CITY OF NAPLES
By:By:
Jennifer A. Belpedio
Assistant County Attomey
,,,_fu&.
BILL BARNETT, MAYOR
Approved as to form and
legal sufficiency:
't ',
,)' . , '. ,,:'1., l' ii i t:r
Robert D. Pritt
City Attorney
"*'"
LEGAL CERTIFICATION
BY
COLLIER COTJNTY'S COTJNSEL
As the legal counsel for Collier County, I hereby state that the terms and provisions of this First
Amendment are frrlly authorized under State and local law, and tlat the First Amendment provides
full legal authority for the County to undertake or assist in undertaking essential community
development and housing assistance activities, including but not limited to, (a) acquisition of
property for disposition for private reuse, espeoially for low and moderate income housing, (b)
direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d)
disposition of land to private developers for appropriate redevelopment, and (e) condemnation of
property for low income housing.
Jennifer A. Belpedio,
Assistant County Attomey
Collier County 4d.
Date
LEGAL CERTIFICATION
BY
CITY OF NAPLES' COUNSEL
As the legal counsel for t}e City ofNaples, I hereby state that the terms and provisions ofthis First
Amendment are fully authorized under State and local law, and that the Fint Amendment provides
firll legal authority for the City to undertake or assist in undertaking essential community
development and housing assistance activities, including but not limited to, (a) acquisition of
property for disposition for private reuse, especially for low and moderate income housing, (b)
direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d)
disposition of land to private developers for appropriate redevelopment, and (e) oondemnation of
property for low income housing,
r-],. -. "\,i.'r! r', t .:.''l\rii .J'r '';,\
Robert D. Pritt, City Attome!
City of Naples
5i>! ao r 4
EXHIBIT A
p"s"-l-ot--il
URBAN COUNTY COOPERATION AGREEMENT
BETWEEN COLLIER COUNTY .... ,
AND ,: . ';1.i ,, ' . l
clTy oF NApLEs -,r,r4,1;. :,. .,.,
,
. . ;
THls URBAN CoUNTY COoPERATIoN AGREEMENT, by and b€tween Colller "
.
county, a polltlcal subdlvision of the Stato of Florida through it6 Board of County
Commissloners of Colller County, Florlda (herelnafter refened to as tho 'County');
and the Ctty of Napl€s, Flo;da (horelnafter refer€d to as the "Clty"),
WITNESSETH
,
WHEREAS, the Houslng and Communlty D€velgpment Aot of 1974, a8
amended, makes provislon whereby counlies may enter Into cooperallon
agreom€nts. wtth certaln unlts of government to carry out aotivtiles whlch will be
funded from annual Federal Houslng and Urban Dsvelopment (HUD) communlty
Dovelopmont Blook Grant program funds; and
WHEREAS, th6 cooperatlon of the Clty and County 16 eEsentlal for the
succsssful planning and implem6ntatlon of the Communlty Development Block
Grant (CDBG) program under an "Urban county" d€slgnatlon by the U.s.
Department of Houslng and Urban Devolopment; and
WHEREAS, the City haE opbd to be includ€d In tho Urban County Program
tor F€deral Flscal Years 2013 - 2015.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL'COVENANTS AND
PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AND THE CIW OF NAPLES. FLORIDA AGREE
AS FOLLOWS:
1. Thle AgrEoment covers lhe Countys 'and .tho Clty's pardolpaton during
Flscal Years 2013 through 2015 In the HUD Community Dev€lopment
Block Grant Enlitlem€nt program,
I
b:
Thls Agreemont wlll ba automatlcally ronowod for partlcipatlon In
successive three-year quallfication periods, unless elthsr the Cotrnty 0r
the Clty. provide8 wrltten nolice 90 dayB prlor to the start of th6 Feh€ral
Fisoal Year that lt alects not to parllcipate In a new qualificatlon pertod'
By the date Bpectfl6d In HUD'8 Urban Gounty quallfication notioe for lhe
neK quallication perlod, Collier County will notif, the CiV of Napl63 of ltg
rlght to be automatloally r€newed or wlthdraw from tha Urban County
deslgnatlon,
Failure by elther party to adopt an amendmont to this Agreement
Inoorporatlng all changes neceasary to me€t th€ requlrements for
ooop€ration agreemenb s€t forth In the Urban County Qualificatlon
Notico appllcsble for the aubsequenl lhree'y€ar urban oounty
quallfication perlod, and to submit lhe amendment to HUD aB provided in
the Urban County Qualifioation nolica, wlll vold the automatlc renewEl ot
Buch quallflcatlon Perlod,
Neither party may tBrmlnate or wlthdraw from thls agr€ement whlls lt
remalns in effect. Thls Agreement will remaln ln effeci until all of the
. CDBG funds and Incom€ recgived t,lth respect to thls thrae'y€ar urban
county quallficaflon p6 od (and any succesalvti quallfcation pqrlode) arg
. gxpended and thg ..coffLspondlngly ' fundFd actlvltles hav€ bebn
oompletad.
Th€ County and the clty agree to ooop€rate to undorteke, or asslst In
undertaklng community r€nowal and lower Income houslng as6istence
aotivillos, Including but not llmit€d to, (a) acqulsltion of proporty tor
dlsposltion for prlvats rouse, espeolally for low and moderate Incom€
hou3lng, (b) direc-t.rehabllltatlon ot or flnanclal asslslance to houslng' (c) .
low rent houelng actlvltleE, (d) dlsposition of land tb prlvate dev6loper8
for appropriate redevelopment, and (e) condemnaiion of properly for low
Income howlng.
The County, and the City are obllgated to take all ac,tlons nece8sary to
irseure compllance wlth the Count/s certlflcallon requlred by Section
'a
7.
104 (b) of Titlo t of the Housing and communtty Development Act of
1974, as amended, Includhg Tltle Vl of th€ Civll Rlghts Act of 1964' the
Fah Houslng Act Section 109 of Tltle I of the Hoqslng and Community
Devalopment Act of 1974, and other applioeble laws'
Thls Agreeinent prohibits the City'8 use and the County's us€ of Urban
County tunding for ac0vltles, In or In support of the Clty or County that do
not affirmaflvely further fah hou8ing within ib Jurisdlc{lon or that lmpede
the County's aotlons to cqmply wlth lts falr houslng carfificatlon.
'The County and Clty hava adopted and ars €ntorolng:
a, a polioy prohlblting the use of exo€sgive forco by law enforcement
agencies withln lta jurisdiction agalnst any indlviduals engag€d in
non-vlolBnt olvil dghte demonstratlons; and
b. a pollcy of onforclng appllcable StatB and local laws agalnst
physically barring entrance to or exlt from a faoility or looa{on
whlch is the subject of Euch nonvlolant oivil rlghts demonstraflons
within hs Jurlsdlctlon.
Pursuant to 24 CFR 570.501(b), th€ City b subleol to the 6ame
requlrements appllcable to subreolplents, Includhg the requirements for
a written agreement set forth in 24 CFR 670.50
Th6 County has tinal responslblllty for admlnlstratlon of CDBG aotivitles
and annually fftlng the Aotion Plans with HUD. ThB Clty has responslbility
for day to day lmpl€mentaton of lts programs.
Th€ counv and clty agroe to work coopereth/ely on provldlng technlcal
assistance In he planning, EdmlnFhsdon and lmplementatlon of CDBG
Entitlement actMtios.
'12. By exocuting lhis coop€rallon agreement lbe Clty erpresely.understande
and agrees that
a. it may not apply lor grants und8r the Small Citles or State CDBG
program8 from approprlations for flsoal yeare during th€ period in
whlch lt ls partlcipatlng in the Urban County's CDBG programi and
b. it may uee the funds recelved pursuant to thls agreement only for
10.
1a
13.
HUD ellglblo us88.
Clty of Napl€s will recelve lis CDBG funding basod on tho HUO
allocation formula for HUD ellglblB proleds ln Naples' lf HUD
dotermlne8 that the proposed uses of the funde aro not ollglble undBr
HUD guidelines arid rcquires reimbursomsnt then the City of Naples wlll
immediately r6lmbur86 ths County the amounts doterinined not to have
bsen properly expended.
Dlsputes betw€en Collier County and the Clty ot NaPles win b€ resolved
through the procedures contalned in ChePter 164, Florlda Statutes.
SIGMTURE PAGE TO FOLLOW
lN WITNESS WHEREOF, the County and tho Clty have oxecut€d thls Agre€ment
efi€atke as of thg latter date written below.
ATTEST:
Dwlght E. Brook, clerk
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
Fred W. Coyle, Chalrman
Approved as to form and
Legal sufficlency
THE CITY OF MPLES
By:.
, Deputy Clerk
ATTEST: | | (0..'
t)Tara Norman, CtV:qqfi
. .2 n'kr,
..By:
Date: 5- r/- / a-
\srJtx,-Jennll* B. Whlt€
As6lstanl County Attomsy
Approved as to form and
legal sufncbnay
LEGAL CERTIFICATION
BY
COLLIER COUNTY'S COUNSEL
As the l€gal couns€l for colller County, I heroby state that the tarms and provislons
of this Agreemgnt are fully authorlzed under State and local ta\ '' and that the
Agr€oment providss full legal aulhodty for the County to undertake or aEslst In
.undertakingessentia|commun|tydgve|opmentandhouslngass|stancgactlvlt|68'
Inc,luding but not lirnited to, (a) acquisltlon of property lor disposition for private
r€use, sspeclally fior low and moderate Income houslng, (b) dkect r€habllltatlon of or
finanolal asBi8tanoo to housing, (c) low rent houslng ac{vltl68, (d) dlEposltion of land
to privata dovelopers for approprlate rcdevelopmant, and (e) condomnation of
property for low income houslng.
:\-*il**.-L
A$istant County Attomey
colller Counly, Florida
LEGAL CERTIFICATION
BY
CITY OF NAPLES'S COUNSEL
A6 lhe logal counsel for the Ctty o{ Naples, I hereby state that the terms and
provisions of thls Agreement are fully authorlzed under State and looal law, and that
the Agre€mont provides full legal authority tor the Clty to underbke or a3sist In
undertaklng essentlal community dev€lopm€nt and houslng asslstance activiflos'
Includlng but not llmlted to, (a) acquisltion of property for dlsposltlon for prlvate
reuse, especlally for low and mod€rate lncome housing, (b) diract rshEbilibtion of or
financlal aEsl8tanoe to houslng, (c) low rent houslng aotivilies, (d) dlsposltlon of land
to private developers for appropriato redevelopment, and (E) oond€mnatlon of
proporty for low lncomE houslng.
^r\{("\( a v.d-ffi
Clty ot NapleE, Florida
-t-\-1s$"-
RESOLUTION NO. 2018-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF
NAPLES' CONTINUED PARTICIPATION IN COLLIER COUNTY'S
URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR FEDERAL FISCAL YEARS 2018-19, 2019-20, and 2020-
21; PROVIDING FOR CERTAIN COMMITMENTS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Housing and Community Development act of 1974, as amended, makes
provisions whereby counties may enter into cooperation agreements with certain units of
government to carry out activities which will be funded from annual HUD Community
Development Block Grant (CDBG) Entitlement program funds; and
WHEREAS, the City of Naples desires to continue participation in an amended "Urban
County" Agreement with Collier County; and
WHEREAS, the cooperation of Naples and Collier County is essential for the successful
planning and implementation of the HUD Community Development Block Grant program under
an "Urban County" designation by the U.S. Department of Housing and Urban Development; and
WHEREAS, the cooperative agreement covers the period necessary to carry out activities
which will be funded from appropriations for Federal Fiscal Years 2018-19, 2019-20 and 2020-
21 CDBG Entitlement funds, including any automatic renewal periods.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby agree to approve the First
Amendment to the Urban Cooperation Agreement with the City of Naples for the City to
participate in the Community Development Block Grant program for Federal Fiscal Years 2018-
19, 2019-20 and 2020-21.
Section 2. The Chairman is hereby authorized to sign the First Amendment to the Urban
Cooperation Agreement and this resolution and the Clerk of the Circuit Court to attest to same.
BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in
C+
the Public Records of Collier County, Florida.
This Resolution adopted this
and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
0
, DEPUTY CLERK
Approved for form and legality:
Jennifer A. Belpedio
Assistant County Attorney
day of , 2018 after motion, second
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
go
ANY SOLIS, CHAIRMAN
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