Resolution 2000-333
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RESOLUTION NO. 2000- 333
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF NAPLES'
PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY
COMMMNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS
FOR FEDERAL FISCAL YEARS 2001-2003; 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 Entitlement and HOME program funds; and
WHEREAS. ColIier County wants the City of Naples to participate in Collier County's
Urban County CDBG and HOME programs; 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 2001-2003 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 I. 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 2001-2003.
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 RESOL VED 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 ,:f/ ~ ;:Ct;
day of ~.
, 2000 after motion,
second and majority vote favoring same.
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A.TTEST:'"
, :DW1G~tf'BROCK, CLERK
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'.~':.;;J . e~ty Clerk
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Attest IS to Chafnaan's
sfgRatUrt OllIe
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUN~Y, FLORIDA
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By: /, i ' lAY'
TIMO STANTINE, CHAIRMAN
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COLLIER COUNTY CONTRACT
URBAN COUNTY COOPERATION AGREEMENT
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 (CDBG) 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 (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 2001-2003.
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 HEREBY AGREE AS FOLLOWS:
1. This Agreement covers the County's and the City's participation
during Fiscal Years 2001 through 2003 in the HUD Community
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Development Block Grant Entitlement and HOME Investment
Partnership programs.
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 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
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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 non-violent 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
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the period in which it is participating in the Urban County's CDSG
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.
13. Collier County will reserve and provide $250,000 annually for
federal Fiscal Years 2001 through 2003 for HUD eligible use 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 the managing
and administering the CDSG 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.
IN WITNESS WHEREOF, the County and the City have executed this
Agreement effective as of the latter date written below.
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ArrEST:
BOARD OF COUNTY COMMISSIONERS
FOR COLLIER COUNTY, FLORIDA. A
. Dwight E. Brock, Clerk POLITICAL SUBDIVISION OF THE STATE OF
',' .,.,.,' ,.~<!::..;" , FLORIDA
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,g'i::'t~t~~4~ By:
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Tirrlo y J.(j~ns nine, Chairman
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.~t'IS to Chat......'s
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ArrEST:
CITY OF NAPLES, COUNTY OF COLLIER,
FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF
FLORIDA
Tara A. Norman, City Clerk
By: ~~~1--
Date: 9:<0. 'to
Coop agreement 92000
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