Backup Documents 06/26/2012 Item #16D 1ORIGINAL DOCUMENTS CHECKLIST & ROUI1ING
.4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
I.
Grant Support Specialist
(Initial)
Applicable)
2.
June 26, 2012
Agenda Item Number
16D1
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Agreement and Resolution
Number of Original
2
5. Ian Mitchell, Executive Manager
Board of County Commissioners
'-,
j-' k -L-AWL
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
2pm
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Elly Soto McKuen
Phone Number
252 -2664
Contact
Grant Support Specialist
(Initial)
Applicable)
Agenda Date Item was
June 26, 2012
Agenda Item Number
16D1
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Agreement and Resolution
Number of Original
2
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in.the Not Applicable column, whichever is
Yes
N/A (Not
appropriate
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
ESM
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
ESM
n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
ESM
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
ESM
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
ESM
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 6 -26 -12 and all changes made during the
ESM
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16D 1"
MEMORANDUM
Date: May 14, 2012
To: Elly Soto McKuen, Grant Support Specialist
Housing, Human & Veterans Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Urban County Cooperation Agreement between
Collier County & the City of Naples (certified)
Recorded (& certified) Resolution 2012 -115
HUD CDBG Entitlement Program
Enclosed, please find one (1) certified copy of documents as referenced
above, (Agenda Item #16D1) which was approved by the Board of
County Commissioners on Tuesday, June 26, 2012.
Please return a fully executed copy to the Minutes and Records
Department, where it will be kept as part of the Board's Official
Records.
If you should have any questions, please call me at 252 -7240.
Thank you
160 10
Martha S. Vergara
From:
Sent:
To:
Subject:
Hey Martha,
Please charge recording fees to:
CDBG account string
705 - 138705 - 33176.1
Thanks, Elly
McKuenElly <ellymckuen @colliergov.net>
Thursday, June 28, 2012 11:47 AM
Martha S. Vergara
RE: Resolution 2012 -115 for Agenda Item #16D1 for the 6/26/12 BCC Meeting
From: Martha S. Vergara Imai Ito: Martha.Vergara @colIierclerk.coml
Sent: Thursday, June 28, 2012 11:42 AM
To: McKuenElly
Subject: Resolution 2012 -115 for Agenda Item #16D1 for the 6/26/12 BCC Meeting
Hi Elly,
I will need a recording string (cost center number) to record this resolution.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: martha.vergara ,collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskCalcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
160 141
INSTR 4712078 OR 4812 PG 289
RECORDED 6/28/2012 4:40 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
RESOLUTION NO. 2012- 115
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 2013 -2015; 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, on September 26, 2000, June 24, 2003 and October 24, 2006, the City of
Naples entered into three -year "Urban County" Agreements with Collier County; 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, this agreement covers the period necessary to carry out activities which will
be funded from appropriations for Federal Fiscal Years 2013 -2015 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 adopt the Urban
Cooperation Agreement with the City of Naples for the City to participate in the Community
160 11
Development Block Grant program for Federal Fiscal Years 2013 -2015.
Section 2. The Chairman is hereby authorized to sign 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
and majority vote favoring same.
ATTEST:
DWIGHT ,E. B OG , CLERK
B !
atilt D k
Approved as to form and
legal sufficiency:
Jennifer B. White
Assistant County Attorney
aCp��
day of 4UA91 2012 after motion, second
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
1:iA lni - ( 1!,4 i�z
FRED W. COYLE, CHAIRMA
160 141b
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.
1
16D 1�!
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) 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.
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
16 IZ;
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 expressly understands
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
3
16D 11
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
4
160 IN
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: =>
Dep Clerk
Date
ATTEST:
Tara Norman, City Clerk
By: X14 �l
Date:
By: L'i C2�:��4
Fred W. Coyle, Chairm
Approved as to form and
Legal sufficiency
Jennif6f B. White
Assistant County Attorney
THE CITY OF NAPLES
B
John S rey, III, Mayor
Approved as to form and
legal sufficiency
5
Robert D. Oritt, City Attorney
160 1
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
(Q \ \ -11� \\-;)-
Date
0
16D Vi.-
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.
Robert D. Pritt, City torney
City of Naples, Florida
2�- 253\rL-
Date
rA
160 10
Martha S. Vergara
From: McKuenElly <ellymckuen @colliergov.net>
Sent: Tuesday, July 03, 2012 9:22 AM
To: Martha S. Vergara
Subject: RE: Urban County Agreement & Resolution
Certified copies of the agreement and the resolution will be fine. Please let me know when they are ready and I will walk over and
pick them up. Thanks so much for your help.
I appreciate your offer to send them over to Miami, but I have other information I need to include in the package. Your offer is
greatly appreciated.
Have a great day, Elly
From: Martha S. Vergara [mailto: Martha .Vergara(a)collierclerk.com]
Sent: Tuesday, July 03, 2012 8:54 AM
To: McKuenElly
Subject: RE: Urban County Agreement & Resolution
Elly,
I can send you a certified copy of the agreement the resolution has not come back from recording.
I can send it via FeclEx if you have an account with them and an address of where and who it will
go to.
The resolution has been recorded and can be found on the clerk's website at OR Book #4812 Page
#289.
But like I mentioned I can send a certified copy of each document.
Thanks,
Martha
From: McKuenElly [ mailto :ellymckuenCa1colliergov.net]
Sent: Tuesday, July 03, 2012 8:33 AM
To: Martha S. Vergara
Subject: Urban County Agreement & Resolution
Hey Martha,
I'm just following up to see where you are with the recordation of the Urban County Agreement and the Resolution I sent over last
week. The documents must be at the HUD Miami Field Office by Friday, July 6.
Any assistance is greatly appreciated. Have a great 4`h of July. Elly
160 10
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, July 03, 2012 9:37 AM
To: ellymckuen @colliergov.net
Subject: RE: Urban County Agreement & Resolution
Elly,
I have the certified copies of the recorded resolution and the Urban Agreement ready to go.
In the future this can be avoided by the following:
Office.
Note on the pink routing sheet that you will need a certified copies to forward on to the HUD Field
or
Send two originals (of each document) and let us know that you will need one set of documents back
for the HUD Field Office (either of which can be done if not the same day by the next)
That way we have the same goal in mind and that's to get all paperwork to the appropriate office on time..
Also, for the Boards Records if you bring /send a copy of the complete package that will accompany these
documents we will make sure that the record for the Board is complete and that both entities have a copy of
all documents that are transmitted /forwarded.
Give me a call if you have any questions.. 252 -7240
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: martha.vergara ,collierelerk.com
From: Martha S. Vergara
Sent: Tuesday, July 03, 2012 8:54 AM
To: 'McKuenElly'
Subject: RE: Urban County Agreement & Resolution
Elly,
I can send you a certified copy of the agreement the resolution has not come back from
recording. I can send it via FedEx if you have an account with them and an address of where
and who it will go to.
1
16n 11
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, July 03, 2012 9:48 AM
To: Jessica Rosenberg (JRosenberg @naplesgov.com)
Subject: HUD Urban County Cooperation Agreement
Attachments: Elli - Reso & Agmt.pdf
Hi Jessica,
Attached I am sending you a scanned copy of the documents that are going to HUD for the Urban County
Cooperation Agreement between Collier County and the City of Naples, approved by the Board on Tuesday,
June 26, 2012 (Agenda Item #16D1).
The Housing dept. only gave our department one copy of the document for this CDBG, so I thought you might
need a copy of the certified documents sent to the HUD field office in Miami.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: martha.vergara a, collierclerk.com
16D
INSTR 4712078 OR 4812 PG 289 RECORDED 6/28/2012 4:40 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
RESOLUTION NO. 2012- 1 t 5
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 2013 -2015; 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, on September 26, 2000, June 24, 2003 and October 24, 2006, the City of
Naples entered into three -year "Urban County" Agreements with Collier County; 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, this agreement covers the period necessary to carry out activities which will
be funded from appropriations for Federal Fiscal Years 2013 -2015 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 adopt the Urban
Cooperation Agreement with the City of Naples for the City to participate in the Community
11
* ** OR 4812 PG 290 * **
16D 11
Development Block Grant program for Federal Fiscal Years 2013 -2015.
Section 2. The Chairman is hereby authorized to sign 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
and majority vote favoring same.
ATTEST:`;'; '
DWIGHT -E: BI
BY;
L; ti. ".7.
Approved as to form and
legal sufficiency:
Jennifer $. White
Assistant County Attorney
a Cv +y'
day of 4A6,91 2012 after motion, second
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
aiara, 0: f t;;RJUA
Junty of COLLILR
I HEREBY Cf XTIFY- THAI' Ws It a t#W A
:orrecl Cool d000i snt "me in
3oard
.trf ;iar
t�sON*
160 11
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.
160 1
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) 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.
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
160 14
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 expressly understands
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
3
16D 1
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
4
16D iii
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
0
I
Deer Clerk
Date f Jyn,q, 2-%,011L
Otte I% as 1i11lrrq 1
OVA" to
By: Li.
Fred W. Coyle, Chairm
Approved as to form and
Legal sufficiency
Jenni B. White
Assistant County Attorney
ATTEST: THE CITY OF NAPLES
Tara Norman, City Clerk
By: O Wt 0,
Date:
B
A227a
John S rey, III, Mayor
Approved as to form and
legal sufficiency
5
Robert D. Prift, City Attorney
16D 11
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
Z
160 1�
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.
ls*s
Robert D. Pritt, City orney
City of Naples, Florida
Date
7
160 10
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
Urban County Cooperation Agreement between Collier County and
The City of Naples
Agenda Item from the June 26, 2012, BCC Meeting
Item #16D1
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd day
of July, 2012.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Boacrf ,
County Commiss.i�,, `. re - , 4,
By: Martha V6;�, "aka
Deputy C1�%
retF a. x41ti2