Resolution 2007-110
RESOLUTION NO. 2007- 110
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT
TO THE CITY OF NAPLES AND COLLIER COUNTY'S URBAN
COUNTY COOPERATION AGREEMENT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL
YEARS 2007-2009; PROVIDING FOR CERTAIN COMMITMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Housing and Community Development Act of 1974, as amended,
provides that 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, the U.S. Department of Housing and Urban Development (HUD) has
requested that the existing Urban County Cooperation Agreement be amended to add new
language; and
WHEREAS, this Agreement covers the period necessary to carry out activities which
will be funded from appropriations for Federal Fiscal Years 2007-2009 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
amended Urban Cooperation Agreement with the City of Naples for continued participation in
the Community Development Block Grant program for Federal Fiscal Years 2007-2009.
Section 2.
The Chairman is hereby authorized to sign the amended 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 after motion, second and majority vote, this g~ay of
~'_2~07.
ATTEST: .
DWIGHT E. BROCK, CLERK
...:
By:7h~~
A~test as'tll.~h~'~DeputYClerk
Sl~1l4tllre onl- .
Ap roved as to form
an Ie suf' i ncy:
kow
tant County Attorney
BOARD OF COUNTY COMMISSIONERS
::LL7i:;~
J S COLETTA, CHAIRMAN
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 2007-2009.
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 2007 through 2009 in the HUD Community Development
Block Grant Entitlement program.
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
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
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 the county and the municipality will be resolved
through the procedures contained in Chapter 164, Florida Statutes.
IN WITNESS WHEREOF, the County and the City have executed this Agreement
effective as of the latter date written below.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
.~Vv
By. ", ~
,
Date: ~'~ 21J97
Attm u Cboll1nii.M I
$f\}l'i4tllre cl'l"
By:
~~
Jim Coletta, Chairman
Approved as to form and
legal sufficiency
Jeffrey A. Klat ow, Assistant County
Attorne
ATTEST:
Tara Norman, City Clerk
THE CITY OF NAPLES
COUNTY OF COLLIER, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By: ,::'z.<< tJ !!Jh-/lcrr--
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Date: t:3: I'
BY~
/ Bill Barnett, Mayor
,)
Approved as to form and
legal sufficiency
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Robert D. Pritt, City Attorney
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.
Jeffrey . Klatzko ,Assistant County Attorney
Collier ounty
\1 )~
Date
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.
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Robert D. Pritt, City Attorney
City of Naples
1/1 Ie 'I
Date