Resolution 2003-219
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RESOLUTION NO. 2003- 219
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PERTAINING TO THE CITY OF MARCO ISLAND'S
CONTINUED PARTICIPATION IN COLLIER COUNTY'S
URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT AND HOME PROGRAMS FOR FEDERAL FISCAL
YEARS 2004-2006.
WHEREAS, the Housing and Community Development act of 1974, as amended, makes
provisions whereby counties may enter into program agreements with certain units of government
to carry out activities which will be funded from annual HUD Community Development Block
Grant (CDBG) Entitlement and Home Investment Partnerships (HOME) program funds; and
WHEREAS, in September 26, 2000, the City of Marco Island entered into a three-year
"Urban County" Agreement with Collier County; and
WHEREAS, the City of Marco Island desires to continue participation in an amended
"Urban County" Agreement with Collier County; and
WHEREAS, the cooperation of the City of Marco Island and Collier County is essential
for the successful planning and implementation of the HUD Community Development Block
Grant and HOME programs 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 2004-2006 CDBG Entitlement and
HOME 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 Program
Agreement with the City of Marco Island for the City to participate in the Community
Development Block Grant and HOME programs for Federal Fiscal Years 2004-2006.
Section 2. The Chairman is hereby authorized to sign the Program 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.
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This Resolution adopted this ~day o~~ . 2003 after motion,
second, and majority vote favoring same.
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
B~~
TO G: .
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URBAN COUNTY PROGRAM AGREEMENT
BETWEEN COLLIER COUNTY
AND
CITY OF MARCO ISLAND
THIS URBAN COUNTY PROGRAM 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 Marco Island, 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 program 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 and HOME 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 and HOME programs 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 2004-2006.
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 MARCO ISLAND, FLORIDA
AGREE AS FOLLOWS:
1. This Agreement covers the County's and the City's participation during
Fiscal Years 2004 through 2006 in the HUD Community Development
Block Grant Entitlement and HOME Investment Partnerships programs.
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2. This Agreement will be automatically renewed at the option of the
County for participation in successive three-year qualification periods,
unless the County or the City provides written notice to the other party
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 I Collier County will notify the City of Marco Island of
its right to be automatically renewed or withdraw from the Urban County.
3. Failure by either party to adopt an amendment to the Agreement
incorporating all changes necessary to meet the requirements for
program agreements set forth in the Urban County Qualification Notice
applicable for a 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 and HOME 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, specifically urban renewal and publicly assisted 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
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.
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7. This Agreement prohibits the City's use of Urban County funding for
activities, in or in support of the City, that do not affirmatively further fair
housing within the City's jurisdiction or that impede the County's actions
to comply with its fair housing certification.
8. The City has adopted and is 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 selecting CDBG and HOME
activities and annually filing the Final Statements with HUD.
11. The County agrees to provide technical assistance to the City in the
planning and implementation of CDBG Entitlement and HOME activities.
12. By executing this program 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 CDSG program; and
b. it may not participate in a HOME consortium except through the
urban county, regardless of whether the Urban County receives a
HOME formula allocation.
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13. Any disputes between the City and County regarding managing and
administering the COBG and HOME programs shall be resolved as
follows:
a. First, the parties shall make a bona fide attempt to resolve the
dispute.
b. In the event that the dispute cannot be resolved, the parties shall
seek mediation through the mediation program of the Twentieth
Judicial Circuit.
c. If mediation is not successful, the parties agree to arbitrate the
dispute in accordance with Florida Arbitration Statute, using an
arbitrator appointed by the Chief Judge of the Twentieth Judicial
Circuit.
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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:
Dwight E." ijrock; 'Cl.er'<
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ATTEST:
City Clerk
BY~
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Date:
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By:
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Tom Henning, Chairman
Approved as to form and
legal sufficiency
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Patrick G. White,
Assistant County Attorney
THE CITY OF MARCO ISLAND
COUNTY OF COLLIER, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
ity Counc ehairman
Approved as to form and
legal sufficiency
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Richard Yovanovich, 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,
specifically urban renewal and publicly assisted housing.
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Patrick G. White, Assistant County Attorney
Collier County
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Date
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LEGAL CERTIFICATION
BY
CITY OF MARCO ISLAND'S COUNSEL
As the legal counsel for the City of Marco Island, 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,
specifically urban renewal and publicly assisted housing.
-fLL,A~ .~
Richard Yovanovich, City Attorney
City of Marco Island
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Date
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