Resolution 2018-109 INSTR 5578713 OR 5527 PG 383
RECORDED 6/28/2018 3:52 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$18.50
RESOLUTION NO. 2018- 10 9
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
the Public Records of Collier County, Florida.
This Resolution adopted this 25.=*‘-‘ day of- -`r` ;2018 after motion, second
and majority vote favoring same.
CRYSTAL K.KINZEL,
ATTEST: INTERIM CLERK COLLIER C COM ii'. j.
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Byr o iI • •y. ..
DEPUTY CLERK ANY SOLIS, CHAIRMAN
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Approved for form and legality:
Jenni er A. Belpedio �\4b
Assistant County Attorney \`
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FIRST AMENDMENT TO URBAN COUNTY COOPERATION AGREEMENT a
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BETWEEN COLLIER COUNTY a
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CITY OF NAPLES °
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THIS FIRST AMENDMENT TO URB N COUNTY COOPERATION Q z
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AGREEMENT, is entered this C0+4%. , date of , 2018, by and r
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between Collier County, a political subdivision of the State of Florida through its Board of County cn r.
Commissioners of Collier County, Florida(hereinafter referred to as the "County"); and the City o U o
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of Naples, Florida(hereinafter referred to as the "City"), collectively referred to as the"Parties". ° N z
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WHEREAS,the Housing and Community Development Act of 1974,as amended,makes
provision whereby counties may enter into cooperation agreements with certain units of
government to carry out activities which will be funded from annual Federal Housing and Urban
Development(HUD) Community Development Block Grant program funds; and
WHEREAS, the cooperation of the City and County is essential for the successful
planning and implementation of the Community Development Block Grant (CDBG) program
under an "Urban County" designation by the U.S. Department of Housing and Urban
Development; and
WHEREAS, in 2012 the City opted to be included in the Urban County Program, Urban
County Cooperation Agreement attached 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 its 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 THEREFORE, in consideration of the mutual covenants 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
1
"Paragraph 15"which shall state:
15. A unit of general local government may not sell, trade, or otherwise transfer all or
any portion of such funds to a metropolitan 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 therein,and said terms and
conditions are applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF,the County and the City have executed this First Amendment
to Urban County Cooperation Agreement effective as of the date written above.
ATTEST: CRYSTAL K.KINZEL,
INTERIM CLERK BOARD OF ' e MMISSION
COLLIE r 0 0' Y,FL t % ,
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B . Jnr`- By:
` es .s to Chairmanpeputy Clerk r ANDY SOLIS, CHAIRMAN
signature,only.-�a0� y'
ATTEST 't, ;. ' CITY OF NAPLES
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By:
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�Y Int "��4 ✓ By:
Patricia Rarrlbosk; ity clerk BILL BARNETT, MAYOR
Approved as to forth andegality: Approved as to form and
legal sufficiency:
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Je A. Belpedi (� Robert D. Pritt
1 Assistant County Attorney �O''`,��`� City Attorney
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LEGAL CERTIFICATION
BY
COLLIER COUNTY'S COUNSEL
As the legal counsel for Collier County, I hereby state that the terms and provisions of this First
Amendment are fully authorized under State and local law,and that 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, 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) condemnation of
property for low income housing.
Jennifer A. Belpedio, 111
Assistant County Attorney
Collier County J \
cp \ac, \\s
Date
3
LEGAL CERTIFICATION
BY
CITY OF NAPLES' COUNSEL
As the legal counsel for the City of Naples,I hereby state that the terms and provisions of this First
Amendment are fully authorized under State and local law,and that the First Amendment provides
full 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) condemnation of
property for low income housing.
Robert D. Pritt, City Attorney
City of Naples
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Date
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EXHIBIT
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Page yof-2..
URBAN COUNTY COOPERATION AGREEMENT
BETWEEN COLLIER COUNTY •
AND •
CITY OF NAPLES
THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier
County, a political subdivision of the 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 referred to as the "City").
WITNESSETH
WHEREAS, the Housing and Community Development Act of 1974, as
amended, makes provision whereby counties may enter Into cooperation
agreements with certain units of government to carry out activities which will be
funded from annual Federal Housing and Urban Development (HUD) Community
Development Block Grant program funds; and
WHEREAS, the cooperation of the City and County is essential for the
successful planning and implementation of the Community Development Block
Grant (CDBG) program under an "Urban County" designation by the U.S.
Department of Housing and Urban Development; and
WHEREAS, the City has opted to be included in the Urban County Program
for Federal Fiscal 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 CITY OF NAPLES, FLORIDA AGREE
AS FOLLOWS:
1. This Agreement covers the County's and the City's participation during
Fiscal Years 2013 through 2015 in the HUD Community Development
Block Grant Entitlement program.
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•
•
2. This Agreement will be automatically renewed for participation in
successive three-year qualification periods, unless either the County or
the City,provides written notice 90 days prior to the start of the.Federal
Fiscal Year that it elects not to participate in a new qualification period.
By the date specified in HUD's Urban County qualification notice for the
next qualification period, Collier County will notify the City of Naples of its
right to be automatically renewed or withdraw from the Urban County
designation.
3, Failure by either party to adopt an amendment to this Agreement
incorporating all changes necessary to meet the requirements for
cooperation agreements set forth in the Urban County Qualification
Notice applicable for the subsequent three-year urban county
qualification period, and to submit the amendment to HUD as provided in
the Urban County Qualification notice, will void the automatic renewal of
such qualification period.
4. Neither party may terminate or withdraw from this agreement while it
remains in effect. This Agreement will remain in effect until all of the
CDBG funds and Income received with respect to this three-year urban
county qualification period (and any successive qualification periods) are
expended and the correspondingly funded activities have been
completed.
5. The County and the City agree to cooperate to undertake, or assist in
undertaking community renewal and lower income 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) directrehabilitation 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.
6. The County,and the City are obligated to take all actions necessary to
assure compliance with the County's certification required by Section
2
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, and other applicable laws.
7. This Agreement prohibits the City's use and the County's use of Urban
County funding for activities, in or in support of the City or County that do
not affirmatively further fair housing within its jurisdiction or that impede
the County's actions to comply with Its fair housing certification.
8. The County and City have adopted and are enforcing:
a. 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
b. 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 nonviolent civil rights demonstrations
within its jurisdiction.
9. Pursuant to 24 CFR 570.501(b), the City is subject to the same '
requirements applicable to subrecipients, including the requirements for
a written agreement set forth in 24 CFR 570.503.
10. The County has final responsibility for administration of CDBG activities
and annually filing the Action Plans with HUD. The City has responsibility
for day to day implementation of its programs.
11. The County and City agree to work cooperatively on providing technical
assistance in the planning, administration and implementation of CDBG
Entitlement activities.
12. By executing this cooperation agreement the City expresslyunderstands
and agrees that:
a. it may not apply for grants under the Small Cities or State CDBG
programs from appropriations for fiscal years during the period in
which it is participating in the Urban County's CDBG program; and
b. it may use the funds received pursuant to this agreement only for
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HUD eligible uses.
13. City of Naples will receive its CDBG funding based on the HUD
• allocation formula for HUD eligible projects in Naples. If HUD
determines that the proposed uses of the funds are not eligible under
HUD guidelines and requires reimbursement then the City of Naples will
immediately reimburse the County the amounts determined not to have
been properly expended.
14. Disputes between Collier County and the City of Naples will be resolved
through the procedures contained in Chapter 164, Florida Statutes.
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the County and the City have executed this Agreement
effective as of the latter date written below.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA. A POLITICAL
Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA
By:
, Deputy Clerk
Date: By:
Fred W. Coyle, Chairman
Approved as to form and
Legal sufficiency
•
• Jennitat B. White
Assistant County Attorney
•
ATTEST: i THE CITY OF NAPLES
,Tara Norman, City Clerk
�i
By: / ..j [9� --
Date: S- dl-12.. B 1497'
John y, Ill, Mayor
Approved as to form and
legal sufficiency
Robert D. P'ritt, City Attorney
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LEGAL CERTIFICATION
BY
COLLIER COUNTY'S COUNSEL
As the legal counsel for Collier County, I hereby state that the terms and provisions
of this Agreement are fully authorized under State and local law, and that the
Agreement provides full legal authority for the County to undertake or assist In
undertaking essential community development and housing assistance activities,
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) condemnation of
property for low income housing.
Jennifer B.White,
Assistant County Attorney
Collier County, Florida
Date •
6
LEGAL CERTIFICATION
BY
CITY OF NAPLES'S COUNSEL
As the legal counsel for the City of Naples, 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 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) condemnation of
property for low income housing.
Pritt,SLYIkkk
Ci�meRobert D. City Y
City of Naples, Florida
^
Date
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