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Backup Documents 07/13/2021 Item #16D10 tfr v ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP _ 0 t� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 D 1 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Hilary Halford Community and Human JF 7.12.2021 Services 2. Jennifer Belpedio County Attorney Office DW►',� R -7 1 1 3 (Z t 3. BCC Office Board of County Commissioners J ' 4. Minutes and Records Clerk of Court's Office iri'v\ PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Jacob LaRow/CHS Phone Number 252-2399 Contact/ Department Agenda Date Item was July 13,2021 Agenda Item Number I/_t© Approved by the BCC 11� Type of Document Urban County Requalification Resolution Number of Original I Attached 0f Documents Attached PO number or account V' number if document is �� +� to be recorded �7€rJ-t 'I N'1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? HH 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone *See Below)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the HH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip HH should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 7.13.2021 and all changes made during HH N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the HH /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the Vn option for Chairman's signature. ' 0 this line. Once Recorded Please Return Original too-Ifilar lalford-in CHS r Db' iR I:Forms/County Forms/BCC Forms/Original Docdtr�ert'Fs Ieou� i 'Sii WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 g �g MEMORANDUM Date: July 23, 2021 To: Jacob LaRow, Manager Community and Human Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2021-147 and Urban County Cooperation Agreement With the City of Naples Attached is a copy of the document referenced above, (Item #16D10) approved by the Board of County Commissioners on Tuesday, July 13, 2021. The original is being held in the Minutes and Records Department for the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you Attachment RESOLUTION NO. 2021- 1 47 1 60 1 U A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF NAPLES' CONTINUED PARTICIPATION AND NEW AGREEMENT TO PARTICIPATE IN COLLIER COUNTY'S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 2022-24; 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, the City of Naples desires to continue participation in an "Urban County" Agreement with Collier County; and WHEREAS,the cooperation of the City of Naples with 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 cooperative agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2022-2024 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 approve the Urban County Cooperation Agreement with the City of Naples for the City to participate in the Community Development Block Grant program for Federal Fiscal Years 2022, 2023 and 2024. Section 2. The Chairperson is hereby authorized to sign the Urban County Cooperation Agreement and this Resolution and the Clerk of 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 IQ - day of ( , 2021 after motion, second and majority vote favoring same. INSTR 6098017 OR 5983 PG 3949 1 RECORDED 7/20/2021 9:07 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 16010 ATTEST: ,•.,. BOARD OF COUNTY COMMISSIONERS CRYSTAI,_K..KjNZEI.,, CLERK COLLI C NTY, FLORIDA } By: ' ; r ,ny1 CLERK PENNafiY YLOR, C AIRPERSON Appro d. s"to form and legality: ,y\ Je r elpedi p� Assistant County Attorney c> %),� 2 16010 URBAN COUNTY COOPERATION AGREEMENT BETWEEN COLLIER COUNTYcr 0_ ANDco CITY OF NAPLES w o woz � QQ THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier c� Q o Q County, a political subdivision of the State of Florida through its Board of County o U o Commissioners of Collier County, Florida(hereinafter referred to as the"County"); and 5 o the City of Naples, Florida (hereinafter referred to as the"City"). io N o } o N U WITNESSETH: o ' = zO coolo mwo- U ,n WHEREAS, the Housing and Community Development Act of 1974, as R o o w N amended, makes provision whereby counties may enter into cooperation agreements crow E0 with certain units of government to carry out activities which will be funded from annual z w _J o w CL U U ff Federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG), the HOME Investment Partnerships Program (HOME) and/or the Emergency Solutions Grants (ESG) 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—2022-2024. 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 2022 through 2024 in the HUD CDBG, HOME, and/or ESG 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. a • I 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, HOME and/or ESG)funds and program 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. The grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws. 7. This Agreement prohibits the City's 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. 2 16u10 12.By executing this cooperation agreement, the City expressly understands and agrees that: a. it may not apply for grants from appropriations under the State CDBG Program for fiscal years during the period in which it is participating in the Urban County's CDBG program; and b. it may receive a formula allocation under the HOME Program only through the County. Thus, even if the County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other local governments. c. it may receive a formula allocation under the ESG Program only through the County. 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, the City 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. 15. City may not sell, trade or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Act. Signature Page to Follow 3 f t n 16010 IN WITNESS WHEREOF, the County and the City have executed this Agreement effective as of the latter date written below. ATTEST: BOARD • Co ,),�) TY COMMISS ONERS OF CRYSTALIN4INZEL LERK k COLLIER ,•iT'TY, FLORIDA By: •Atte as t C:. had etty Clerk PENNY TAYL , CHAIRP SON ',., sIEY nlV. Date: iy/3/2-1 0 Pad/ CITY OF NAPLES, FL Dated: --- 1_ (SEAL) 44. Teresa Heitmann,/ Mayor Date: �` Z/z/_- Appro as to form an.,-•ality: \ Approved as to form and legality. ad\ 10 _____AN'9 G /sue Jennifer A. Belpedio NancyNancy 1 ri A L.F 8R-'ulc-4'S f s q Assistant County Attorney City Attorney Date: 7 c 13 ,Z. \ Date: / Z/ / Z I Attest: .' > ;. Patricia+A Ra; ipoek -City 1, rk Date: ''. (i la"1?- / Jr„ c 4 t6 o LEGAL CERTIFICATION BY COLLIER COUNTY 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 house, (c) low rent housing activities, (d)disposition of land to private developers for appropriate redevelopment, and (e)condemnation of property for low income housing. Jennife elpedio, Assist.fW ..unty Attorney Collier County Date 5 16010 LEGAL CERTIFICATION BY CITY OF NAPLES 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 house, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. A1-76 Nancy Stuparich, City Attorneys" T (Z,4vF fSCL. City of Naples S/ZiJi Date 6