Resolution 2003-220
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RESOLUTION NO. 2003- 220
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 AND HOME
PROGRAMS FOR FEDERAL FISCAL YEARS 2004-2006;
PROVIDING FOR CERT AlN COMMITMENTS.
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 and Home Investment Partnerships (HOME)
program funds; and
WHEREAS, in September 26, 2000, the City of Naples entered into a three-year "Urban
County" Agreement with Collier County; and
WHEREAS, the City of Naples desires to continue participate 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 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
Cooperation Agreement with the City of Naples 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 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.
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This Resolution adopted this !!:!. ..
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day of ~ 2003 aft" motion,
second and majority vote favoring same.
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Approved as to form and
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Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY~b
TOM HENNING, CHAIRMAN
20f2
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
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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 a'nd 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 (CDBG) 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 NAPLES, 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 Partnership programs.
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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 and HOME 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 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 and
HOME 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 and HOME 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;
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: and
c. it may use the funds received pursuant to this agreement only for
HUD eligible uses.
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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. Any disputes between the City and County regarding managing and
administering the CDBG 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:
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BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By:
Approved as to form and
legal sufficiency
ATTEST:
City Clerk
THE CITY OF NAPLES
COUNTY OF COLLIER, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By:~tJ.r~
Date: t,/lr/03
,.
,
By:
Approved as to form and
legal sufficiency
~o~ 86t 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.
~~
Patrick G. White, Assistant County Attorney
Collier County
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Dale I
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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,
specifically urban renewal and publicly assisted housing.
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Robert D. Pritt, City Attorne
City of Naples
c'I~lo)
Date
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