Agenda 07/09/2024 Item #16D3 (Authorize the Chairman to sign two (2) 2025-2027 Urban County Cooperation Agreements, one with the City of Naples and one with the City of Marco Island))07/09/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to (a) sign two (2) 2025-2027 Urban County
Cooperation Agreements, one with the City of Naples and one with the City of Marco Island, (b) sign the
associated resolution, and (c) authorize staff to forward the supporting documentation to the U.S.
Department of Housing and Urban Development to comply with HUD's Urban County Re -Qualification
requirements. (No Fiscal Impact)
OBJECTIVE: To re -certify Collier County as an Urban Entitlement County in the administration and
implementation of an Urban County Cooperation agreement for the Community Development Block Grant
(CDBG) Program to support access to health, wellness, and human services.
CONSIDERATIONS: Collier County, along with the participating Cities of Naples, Marco Island, and Everglades
City, became eligible to receive federal CDBG entitlement fimds annually through the Urban County Qualification
process and pursuant to Resolution 2000-339. By Statutes, 24 CFR 570.307(d), the County is required to requalify
and adopt a Cooperation Agreement every three (3) years with each participating municipality. The County is
required to submit all required documents by July 3 I't to the U.S. Department of Housing and Urban Development
(HUD).
Participating jurisdictions may benefit from this optional partnership, established for the administration of the HUD
CDBG program, in that they receive grant funds for use in their jurisdiction and the County provides the required
administrative and compliance functions on their behalf.
As required for each triennial Urban County re -qualification, Collier County staff contacted the Cities of Naples,
Marco Island, and Everglades requesting confirmation of their decision concerning participating in the Urban
County Cooperation agreement.
At the regular City Council meeting on April 3, 2024, the City of Naples authorized staff to submit a letter of
interest in participating in the HUD Urban County requalification process. The City Council authorized the Urban
County Cooperative Agreement for FY 2025-2027 at the May 15, 2024, public meeting. The adopted Resolution
and Urban County Cooperation Agreement with Collier County are attached.
On April 9, 2024, County staff were notified of the City of Marco Island's interest in participating in the HUD
Urban County requalification process. The City Council authorized the Urban County Cooperative Agreement for
FY 2025-2027 at the May 6, 2024, public meeting. The adopted Resolution and Urban County Cooperation
Agreement with Collier County are attached.
On March 15, 2024, staff notified Everglades City Council of their option to participate or not in the Urban County
Requalification process. However, Everglades City did not respond to the Staff's inquiry. As such the City of
Everglades and their residents will be unable to benefit from the use of CDBG funds in their municipality.
FISCAL IMPACT: There is no Fiscal impact associated with this action. Collier County receives approximately
$2.7 million in CDBG entitlement funds each year. The City of Naples allocation is approximately $100,000 and
the City of Marco Island is approximately $60,000. Annually the County receives its award after October I't and the
award is provided to the Board of County Commissioners ("Board") for acceptance along with the associated
Budget Amendments through the Annual Action Plan process each summer. The administrative funds provided
under the entitlement program will be used to administer the program on behalf of the County and each
municipality.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board
action. - CJS
GROWTH MANAGEMENT IMPACT: The activities associated with this Urban County agreement(s) are
I Packet Pg. 694
07/09/2024
consistent with the Housing Element of the Growth Management Plan.
RIF,COMMENDATION:. To approve and authorize the Chainnan to (a) sign two (2) 2025-2027 Urban County
Cooperation Agreements, one with the City of Naples and one with the City of Marco Island, (b) sign the associated
resolution, and (c) authorize staff to forward the supporting documentation to the U.S. Department of Housing and
Urban Development to comply with HUD's Urban County Re -Qualification requirements.
Prepared By: Lisa N. Carr, Supervisor -Grants Community and Human Services Division
ATTACHMENT(S)
1. Naples Urban County Cooperation Agreement (PDF)
2. City of Naples Resolution 2024-15363 (PDF)
3. Letter from City of Naples to CHS (PDF)
4. Marco Island Urban County Cooperation Agreement (PDF)
5. Marco Island 24-22 Resolution (PDF)
6. Letter from City of Marco Island to CHS (PDF)
7. Everglades City_ Letter and draft Urban County Agreement (PDF)
8. Collier County Resolution —stamp (PDF)
9. Resolution 2000-339 (PDF)
I Packet Pg. 695
07/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.3
Doe ID: 29061
Item Summary: Recommendation to approve and authorize the Chairman to (a) sign two (2) 2025-2027 Urban
County Cooperation Agreements, one with the City of Naples and one with the City of Marco Island, (b) approve
the associated resolution, and (c) authorize staff to forward the supporting documentation to the U.S. Department of
Housing and Urban Development to comply with HUD's Urban County Re -Qualification requirements. (No Fiscal
Impact)
Meeting Date: 07/09/2024
Prepared by:
Title: Grants Coordinator — Community & Human Services
Name: Lisa Carr
06/03/2024 3:17 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
06/03/2024 3:17 PM
Approved By:
Review:
Community & Human Services
Kristi Sonntag
CHS Review
Community & Human Services
Donald Luciano
PSID Reviewer
Community & Human Services
Vanessa Collier
PSID Reviewer
Community & Human Services
Darrick Gartley
PSID Reviewer
Operations & Veteran Services
Jeff Weir
OVS Director Review
Public Services Department
Todd Henry
Level 1 Department Review
Grants
Erica Robinson
Level 2 Grants Review
Corporate Compliance and Continuous Improvement
Megan Gaillard
County Attorney's Office
Public Services Department
Office of Management and Budget
County Attorney's Office
Grants
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Carly Sanseverino Level 2 Attorney Review
Kristi Sonntag PSID Department Head Review
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Therese Stanley OMB Reviewer
Blanca Aquino Luque OMB Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed 06/04/2024 10:25 AM
Completed 06/04/2024 11:29 AM
Completed 06/06/2024 7:23 AM
Completed 06/06/2024 1:13 PM
Completed 06/13/2024 10:19 AM
Completed 06/18/2024 10:18 AM
Completed 06/18/2024 11:55 AM
Additional Reviewer Skipped
06/24/2024 12:31 PM
Completed 06/25/2024 3:09 PM
Skipped 06/04/2024 10:23 AM
Completed 06/26/2024 8:30 AM
Completed 06/26/2024 1:30 PM
Completed 06/27/2024 10:02 AM
Completed 06/28/2024 3:06 PM
Completed 07/02/2024 5:23 PM
07/09/2024 9:00 AM
I Packet Pg. 696 1
URBAN COUNTY COOPERATION AGREEMENT
BETWEEN COLLIER COUNTY
UZED
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 (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 —2025-2027.
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 2025 through 2027 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
FPacket
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, 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 dev4lopers for appropriate redevelopment, and (e) condemnation of
property for low income housing.
6. The County and the City are obligated to take all actions'pecessary 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, ah.d,th6 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 11 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.
FPacket
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 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 consgrtium with other
local governments.
C. it may receive a formula allocation under tli6 E S' G Pro`gr`am'�,�,pql
Y,
through the County.
I&City of Naples will receive its CDBG funding based on th,6'.WD.9119-cat.ion for'm'�u6
for HUD eligible projects in Naples. If HUD determines th0t,the proposed Juses of
the funds are not eligible under HUD guidelin6s and requires"re ' i ' mb6rsement, thq
City will immediately reimburse the County the amounts dbtermi6&dnot4o"'havb
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, ornon-Fecleral considerations, butmustuse
such funds for activities eligible under Title I of the Act.
Signature Page to Follow
QAO)
Packet Pg. 699
IN WITNESS WHEREOF, the County and the City have executed this 'Agreement
effective as of the latter date written below.
ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Dated:—'
gfj . -.." 7�
C er
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Approved as to form and legallity:
Assistant, County Attorney
Date: G/3
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: CRY- is F4a,-� I
, CHAIRPERSON
Date:
CITY OF NAPLES, FIL
Bl/:
Teresa Lee Heitmann, Mayor
Date:
Approved as to form and legality:
Ralf Brookes, Esq.
Interim City Attorney
Date:
(CAO)
Packet Pg. 700
Book 150 P
Agenda Item 7.A
Meeting of 5/15/24
RESOLUTION 2024-15363
A RESOLUTION FOR THE PURPOSE OF APPROVING AN URBAN COUNTY
COOPERATION AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF
NAPLES TO PARTICIPATE IN THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) URBAN COUNTY PROGRAM FOR FISCAL YEARS 2025-27;
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AUTHORIZING THE MAYOR TO EXECUTE THE URBAN COUNTY COOPERATION
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the U.S. Housing and Community Development Act of 1974, as amended,
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makes provision whereby counties may enter into cooperation- agreements
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with certain units of government to carry out activities which will be funded
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from annual Federal Housing and Urban Development (HUD) Community
Development Block Grant (CDBG), the HOME lnvestr�ent Partnerships
Program (HOME) and/or the Emergency Solutions Grants (ESG).progr�m
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funds; and
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WHEREAS, the City of Naples is a Community Development Block GraInt. (6DRG)
entitlement city and participation in the Urban Coope ratio n'A9 reement'With
Collier County supports the economic health and vitality of the City of
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Naples by accessing CDBG allocations from U.S. Department of Housing
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and Urban Development (HUD); and
WHEREAS, participating in the Urban County Cooperation Agreement with Collier County
benefits the City of Naples as Collier County has staff dedicated to
administering CDBG funding for the City of Naples, allowing City staff to focus
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on the implementation of funded projects; and
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WHEREAS, Naples City Council approved by Letter of Intent, on April 3, 2024, continued
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participation in the HUD Urban County Re -qualification process for FY
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2025-2027, after receiving notification that Collier County planned to
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requalify as an "Urban City" under HUD requirements; and
WHEREAS, the current Urban County Cooperation Agreement between the City of Naples 0
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and Collier County expires at the end of fiscal year 2023-24; and z
WHEREAS, the City will continue to receive its full annual federal CDBG allocation as
designated by HUD; and
WHEREAS, the City has determined that it is in the City's best interest to continue this
cooperative agreement with Collier County for FY 2025-2027;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES,
FLORIDA:
Section 1. That the above "WHEREAS" clauses are incorporated herein by
reference.
I Packet Pg. 701 1
Book 150 Page _
Resolution 2024-15363 Page 2
Section 2. That the Urban County Cooperation Agreement between Collier County
and the City of Naples to participate in the U.S. Department of Housing
and Urban Development (HUD) Urban County Program for Fiscal Years
2025-27 is hereby approved.
Section 3. That the Mayor is hereby authorized to execute the Interlocal Agreement,
a copy of which is on file with the City Clerk's Office.
Section 4. That this resolution shall take effect immediately upon adoption.
PASSED W,QPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY
OF NAPLIE SFb9RIDA, THIS 15TH DAY OF MAY 2024.
A st:
i6,
Lee Heitm
hicia LA.Aaml?��:City Clerk
�yi C Teresa Lee Heitm`ahn,�ayor
A(*iqve&_'as -to
'fl, I J66 and legality:
4,1,44 0%
Ralf Brookes, Interim City Attorney
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Date filed with City Clerk: CD
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I Packet Pg. 702 1
1913-2023
S
ON THE %
GULF
April 3, 2024
Collier County
Kristi Sonntag, Director
Community & Human Services
3339 Tamiami Trail East, Suite 211
Naples, FL 34112
US Department of HUD
David A. Noguera
CPD Director
909 SE 1 st Avenue, Room 500
Miami, FL 33131-3028
CITY OF NAPLES
OFFICE OF THE CITY MANAGER
735 EIGHTH STREET SOUTH
NAPLES, FLORIDA 34102
(239) 213-1030
RE: Collier County Urban County Cooperative Agreement Fiscal Years 2025-2027
Dear Ms. Sontag and Mr. Noguera,
On behalf of the City of Naples, I am providing you with written notice that the City of Naples
intends to participate in Collier County's requalification application for HUD funding for fiscal years
2025-2027.
On Wednesday, April 3, 2024, the City of Naples City Council authorized staff to submit the letter
of intent to participate in the HUD Urban County requalification process. City Council will then
have the opportunity to authorize the Urban County Cooperative Agreement for Fiscal Years 2025-
2027 at the April 17, 2024, notified public meeting.
Once approved, my office will provide you with a copy of the resolution and agreement. We look
forward to the continuation of working with Collier County's Community and Human Services
Department in furthering national objectives of HUD's programs.
Sincerely,
J Bo eshwar
City anager
V-
to
EtIties above all else * Service to otliers before self * Qualitv in all t1tat ive do
I Packet Pg. 703 1
URBAN COUNTY COOPERATION AGRE EMENT
BETWEEN COLLIER COUNTY AND
CITY OF MARCO ISLAND
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 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 cooperation agreements with certain units of
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government to carry out activities which will be funded from annual Federal Housing and Urban (.0
Development (HUD) Community Development Block Grant program funds; and
W1JEREAS, 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 2025-2027; and
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 2025
through 2027 in the HUD Community Development Block Grant Entitlement program,
[24-SOC-01 160/1852350h] Page I of 7
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F Packet Pg. 704
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 Marco Island of its right
to be automatically renewed or withdraw from the Urban County designation.
3. Failure by cither 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 tile subsequent three-year urban county
qualification period, and to submit the amendment to HUD as provided in the Urban
T_
County Qualification Notice, will void the automatic renewal of such qualification period. (0
4. Neither party may terminate or withdraw from the agreement while it remains in effect.
This agreement wil I remain i n effect unti I all of the CDB G funds and income received with
respect to this three-year urban county qualification period (and any successive
qualification periods) are experided 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-inconie housing assistance activities, including but not
limited to, (a) acquisition of property for disposition for private reuse, especially for tow
or nioderate-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 T of the Housing and
[24-SOC-0 1160/1852150/1 ] Page 2 of 7
Packet Pg. 705
Community Development Act of 1974, as aniended, including Title V1 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 bylaw enforcement agencies within
its jurisdiction against any individual engaged in non-violent civil rights
T.-
demonstrations; and (0
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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 subj cc t of such nonvio len t
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 the 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 agree that:
[24-SOC-0 1160/1852350/1] Page 3 of 7
Oj
F Packet Pg. 706
a. It may not apply for grants Linder the Small Cities or State CDBG programs front
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-etigible
uses,
13. City of Marco Island will receive its CDBG funding based on the HUD allocation formula
for HUD -eligible projects in Marco Island. If HUD determines that the proposed -uses of
the funds are not eligible under HUD guidelines and require reimbursement, then the City
of Marco Island will immediately reimburse the County the amounts determined not to
have been properly expended.
14. Disputes between Collier County and the City of Marco Island will be resolved through
04
the procedures contained in Chapter 164, Florida Statutes.
15, A unit of general local government may not sell, trade, or otherwise transfer all or any
portion of such funds to a 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
ffinds for activities eligible tinder Title I of the Housing and Conin-tunity Development Act
of 1974, as amended.
[SIGN,4 TURE PA GE TO FOLL 0 Jf/]
[24-SOC-0 1160/1852350/1 ] Page 4 of 7
FPacket Pg. 707
IN WITNESS WHEREOF, the County and the City have executed this Agreement
effective as of this latter date written below.
ATTEST:
CRYSTAL K. IUNZEL, Clerk
m
, Deputy Clerk
ATTEST:
B y:
Joa��aylor, City Clerk
Approved as to form and legality:
6 Y, -2r
10'r Dcre�'Kpcllv�
Assistant County Attorney
[24-SOC-01 160/1852350/1]
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
L-A
Chris Hall, Chairman
CITY OF MARCO ISLAND, FLORIDA
m
Jare,d-Grifoni-Xitv Council Chairman
Approved as to form and legality:
City Attorney
Page 5 of 7
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Packet Pg. 708
LEGAL CERTIFICATION
BY
COLLIER COUNTY'S COUNSEL
As the legal counsel for Collier County, I hereby state that the terins and provisions of this
Agreement are fully authorized under State and local law, and that the Agreement provides Rill
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 re -use, especially for low and modefate-income housing, (b)
direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d)
T_
disposition of land to private developers for appropriate redevelopment, and (e) condenuiation of (0
property for low-income housing.
Derek D. Perry, Assistaiit County Attorney
Collier County
Date
[24-SOC-01 160/1852350/1] Page 6 of 7
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LEGAL CERTIFICATION
BY
CITY OF MARCO ISLAND COUNSEL
As the legal counsel for the City of Marco Tsland, I hereby state that the ternis and
provisions of this Agreement are fully authorized under State and local law, and that the Agreement
provides ftill legal authority for the County to undertake or assist in undertaking essential
community developinent 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,
City Attorney
City of Marco Island, Florida
Date
[24-SOC-01 160/1852350/11 Page 7 of 7
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RESOLUTION 24-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARCO
ISLAND, FLORIDA, TO AFFIRM PARTICIPATION BY THE CITY
WITH COLLIER COUNTY UNDER AN 'URBAN COUNTY
COOPERATION AGREEMENT' EFECTIVE FOR FISCAL YEARS
2025 THROUGH 2027 AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Housing and Community Development Act of 1974, as amended,
makes provisions whereby counties may enter into cooperation agreement with certain
units of government to carry out activities which will be funded from annual HUD
Community Development Block Grand (CDBG) Entitlement program funds; and
WHEREAS, the City of Marco Island, Florida, desires to participate into a three-
year "Urban County Cooperation Agreement" with Collier County for Fiscal Year 2025
through Fiscal Year 2027; and
WHEREAS, the cooperation of the City of Marco Island and Collier County is N
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essential for the successful planning an implementation of the HUD Community LO
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Development Block Grant Program under and "Urban County" designation by the U.S. 0
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Department of House and urban Development; and
WHEREAS, the City of Marco Island, Florida, understands and concurs with the
services and limitations incorporated within the "Urban County Cooperation Agreement", .0
which attached hereto and incorporated herein as Exhibit "A" of this Resolution; and
WHEREAS, the Marco Island City Council believes it is in the best interest of the
citizens and residents of the City to participate in the HUD Community Development Block
Grant Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARCO ISLAND, FLORIDA, THAT:
Section 1: The above recitals are true and correct and incorporated herein.
Section 2. The City Council does hereby authorize the City Manager to execute the
attached Urban County Cooperation Agreement on behalf of the City. In addition, the
appropriate City Officials are hereby authorized to do all things necessary to carry out the
intent of this Resolution.
Section 3: This Resolution shall take effect immediately upon adoption.
Page 1 of 2
I Packet Pg. 711 1
ADOPTED BY THE CITY COUNCIL OF THE CITY OF MARCO ISLAND, FLORIDA, THIS
6 TH DAY OF MAY 2024.
A CITY OF MARCO IS RtDX--
J6 By:
Taylor, City Clerk Jared 'ifoni, Cha rman
Approved as to form and legal sufficiency:
Alan L. Gabriel, City Attorney
Page 2 of 2
I Packet Pg. 712 1
a I k VIM, I=
April 9, 2023
Ms. Kristi Sonntag
Director
Community & Human Services
3339 Tamiami Trail East
Suite 211
Naples, FL 34112
Re: Urban County Cooperation Agreement
Dear Ms. Sonntag:
Please be advised that on Monday, April 9, 2024, the Marco Island City Council agreed that they
are interested in participating with Collier County as an "urban county" -under an Urban County
Cooperation Agreement for the period FY 2025-2027.
Please provide at your earliest convenience a copy of the Urban County Cooperation Agreement
between Marco Island and Collier County.
FSine el
ichae7lMcNees
City Manager
City of Marco Island
Cc: Chairman Jared Grifoni, City of Marco Island City Council
Joan Taylor, City of Marco Island City Clerk
Casey Lucius, City of Marco Island Asst, City Manager
Alan Gabriel, City of Marco Island City Attorney
50 Bald Eagle Drive, Marco Island, Florida 3414-5
(239) 389-5000 Fax (239) 389-4359
iv-Nv-,%,.cityofinarcoisland.com
I Packet Pg.T37]
COVICT 00-1414ty
Public Services Department
Community & Human Services Division E
el)
March 15, 2024
Mayor Howell Grimm, ir
Everglades City Hall
102 Copeland Ave. North
Everglades City, FL 34139
RE: HUD Urban County Re -Qualification Process for Fiscal Years (FY) 2025-2027
Dear Mayor Grimm:
This letter is to notify units of local government within Collier County that the County is planning to re -
qualify for "Urban County" status with the U.S. Department of Housing and Urban Development (HUD).
The County's plan to re -qualify as an "Urban County" will allow Collier County to continue to directly
T11
receive Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) (D
funds, and Emergency Solutions Grants (ESG) funding from HUD. 04
Collier County is currently precluded from expending federal CDBG or HOME funds within the city limits
of Everglades City unless the City joins the County in the Urban County Qualification process.
In prior years, Everglades City has chosen not to participate in the Urban County agreement process and
instead applied directly to the State for Small Cities Community Development Block Grant funds for some
of its capital projects. Every three (3) years, HUD requires counties to re -qualify for their Urban County
status and invite the incorporated cities to participate or withdraw from this qualification process to
receive HUD funding.
As part of HUD's required notification process, Collier County must inform in a timely manner, all other
units of general local government, of the following mutually exclusive options:
1. If Everglades City chooses to participat as part of the County's request for "Urban County"
status,
a. CDBG entitlement funding will pass through Collier County but can be utilized on
qualified activities within Everglades City's incorporated boundaries.
b. Everglades City could be a participant in the HOME program if the "Urban County"
receives HOME funding, This does not preclude a unit of government from applying
for State HOME funds.
c. it must notify Collier County and HUD of its election to participate in an Agreement for
the next three (3) fiscal years (2025-2027) by April 15, 2024.
2. If Everglades City elects to not participate in the "Urban County" during the qualification
period, it must notify both Collier County and HUD in writing that it is declining to participate in
Community & Human Services Division - 3339 Tarniami Trail East, Suite 211 - Naples, Florida 34112-5361
239-252-CARE (2273) - 239-252-CAFt (2233) - 239-252-4230 (RSVP) - wArw.colliergov.neVhuman services Packet Pg. 714
an agreement by April 15, 2024. This election will be effective for the entire three (3) fiscal
year period for which the "Urban County" qualifies (FY 2025-2027) unless the City specifically
elects to be included in a subsequent year for the remainder of Collier County's three (3) fiscal
year qualification period. This also precludes Collier County from spending CDBG and HOME
funds within the Everglades City boundaries.
As a reminder, there are no guaranteed CDBG funding amounts reserved for Everglades City for
FY 2025-2027. Collier County will provide HUD funds on a community needs basis.
4. Everglades City must notify Collier County and HUD, in writing, of its intent, either to
participate in Urban County funding during FY 2025-2027 OR decide to be excluded for the
same period. Notifications to Collier County and HUD should be addressed to the following
persons no later than April 15, 2024:
Collier Count
Kristi Sonntag, Director
Community & Human Services
3339 Tamiami Trail East
Suite 211
Naples, FL 34112
US Department of HUD
David A. Noguera
CPD Director
U.S. Department of HUD
909 SE 1st Avenue, Room 500
Miami, FL 33131-3028
(305) 520-5010
If Everglades City elects to participate in the "Urban County" re -qualification process, and
notifies Collier County and HUD of this fact, a new "Urban County Cooperation Agreement"
between Everglades City and Collier County must be executed by the Everglades City Council
before May 15, 2024. A sample Urban County Cooperation Agreement is attached for
reference. The Urban County Cooperation Agreement will then be sent to the Collier County
Board of County Commissioners meeting for approval at the July 9, 2024, Board meeting. The
executed agreement will be submitted with the County's qualifying documentation to HUD by
July 26, 2024, as part of the application.
If you have any questions, please contact me at Kristi.Sonntag@colliercountvfl.pov or (239) 252-2486.
Sincerely,
Kristi nntag, Director
Community and Human Se Yces
Attachment: Sample Urban County Cooperation Agreement
Cc: Dottie Joiner, City Clerk
I Packet Pg. 715 1
URBAN COUNTY COOPERATION AGREEMENT
BETWEEN COLLIER COUNTY AND
EVERGLADES CITY
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 City of Everglades City,
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 2025-2027; and
NOW THEREFOREJN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AND EVERGLADES CITY, FLORIDA AGREE AS
FOLLOWS:
1. This Agreement covers the County's and the City's participation during Fiscal Years 2025
through 2027 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
[24-SOC-0 1160/1850127/11 Page I of 7
1 Packet Pg. 716
the next qualification period, Collier County will notif� Everglades City of its right to be
automatically renewed or withdraw from the Urban County designation.
3. Failure by either party to adopt an amendments 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 the 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 corr espondingly furided activities have been
completed.
5. The County and the City agree to cooperate to undertake, or assist in undertaking
conu-nunity renewal and lower income housing assistance activities, including but not
limited to, (a) acquisition of property for disposition for private reuse, especially for low
or 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 C 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.
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1 Packet Pg. 717
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 fiirther 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 individual 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 'urisdicti 0)
.1 1 1 ion. C14
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 agree 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
[24-SOC-0 1160/1850127/11 Page 3 of 7
1 Packet Pg. 718
b. It may use the funds received pursuant to this agreement only for 14UD eligible
uses.
13. The City of Everglades City will receive its CDBG funding based on the HUD allocation
formula for HUD eligible projects in Everglades City. If HUD determines that the proposed
uses of the funds are not eligible under HUD guidelines and requires reimbursement, then
Everglades City will immediately reimburse the County the amounts determined not to
have been properly expended.
14. Disputes between Collier County and the City of Everglades.City will be resolved through
the procedures contained in Chapter 164, Florida Statutes.
15. A unit of general local government may not sell, trade, or otherwise transfer all or any
portion of such funds to a 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
ftinds for activit.i.e.s.cliRible under Title I of the Housing and Community Development Act
of 1974, as amended.
[SIGN-4 TURE R4 GE TO FOLL 0 W]
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[24-SOC-01 160/1850127/11 Page 4 of 7
1 Packet Pg. 719
IN WITNESS WHEREOF, the County and the City have executed this Agreement
effective as of this latter date written below.
ATTEST:
CRYSTAL K. KINZEL, Clerk
In
ATTEST:
By:
, Deputy Clcrk
Dottie Joiner, City Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Chris Hall, Chairman
Dated:
EVERGLADES CITY
By:
HOWELL GRIMM, MAYOR
Dated:
Approved as to forin and legality:
Zachary W. Lombardo
City Attorney
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1 Packet Pg. 720
LEGAL CERTIFICATION
I M.
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, (6) low rent housing activities, (d)
disposition of land to private developers for appropriate redevelopment, and (e) condemnation of
property for low income housing,
Derek D. Perry, Assistant County Attorney
Collier County
Date
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1 Packet Pg. 721
LEGAL CERTIFICATION
BY
CITY OF EVERGLADES' COUNSEL
As the legal counsel for City of Everglades, 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
Zachary W. Lombardo, City Attorney
City of Everglades
Date
[24-SOC-01 160/1850127/11 Page 7 of 7
1 Packet Pg. 722
RESOLUTION NO. 2024-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PERTAINING TO THE CITY OF NAPLES AND THE CITY
OF MARCO ISLAND COOPERATION AGREEMENT TO
PARTICIPATE IN COLLIER COUNTY'S URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR FEDERAL FISCAL YEARS 2025-27;
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 and the City of Marco Island desire to participate in an
"Urban County" Agreement with Collier County; and
WHEREAS, the cooperation of the City of Naples and the City of Marco Island 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 2025-2027 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 hereby approves the Urban County
Cooperation Agreement with the City of Marco Island for the City to participate in the Community
Development Block Grant program for Federal Fiscal Years 2025, 2026 and 2027.
Section 2. The Board of County Commissioners hereby approves 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 2025, 2026 and 2027.
Section 3. The Chairperson is hereby authorized to sign the Urban County Cooperation
Agreements and this resolution and the Clerk of Circuit Court to attest to same.
[Space Intentionally Left Blank]
[24-SOC-0 1160/1850130/1 ]
Page I of 2
FPacket Pg. 723
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 day of 2024 after motion, second
and majority vote favoring same,
ATTEST:
CRYSTAL K. KINZEL, CLERK
0
, DEPUTY CLERK
Approved as to form and legality:
Carly Jeanne Sanseverino CTS
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
0
Chris Hall, Chairperson
[24-SOC-01 160/1850130/1]
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Packet Pg. 724 1
RESOLUTION NO. 2000 - 3 3 9
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO AUTHORIZE SUBMISSION OF AN
APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR URBAN COUNTY QUALIFICATION FOR
PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FOR FISCAL YEARS 2001-2003.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has
notified Collier County that it qualifies for entitlement status as an urban county, based on a total
combined population of 200,000 or more (excluding metropolitan cities) from the unincorporated
areas and participating incorporated areas.
WHEREAS, HUD has provided Collier County with instructions for Urban County
Qualification for participation in the Community Development Block Grant (CDBG) Program
for Fiscal Years 2001-2003 and,
WHEREAS, the funds previously given to Collier County in the form of grants through
the Department of Community Affairs (DCA) under the Small Cities and Counties program
would be replaced with funds directly fiom HUD. This funding adheres to the same HUD
guidelines and are for projects that benefit low —and moderate —income persons, aid in the
prevention or elimination of slums or blight, or meet other community development needs
having a particular urgency because existing conditions pose a serious and immediate threat to
the health or welfare of the community and where other financial resources are not available to
meet such needs; and
WHEREAS, by September 1, 2000 Collier County was required to notify incorporated
areas of the county of their options for exclusion from or participation in the urban county and,
WHEREAS, by September 8, 2000, any included unit of general local government
electing to be excluded from an urban county was required to notify the county and HUD, in
writing, that it elected to be excluded and,
WHEREAS, Urban counties entering into cooperation agreements with the units of
general local government located in whole or in part within the county, must submit to HUD
executed cooperation agreements, together with evidence of authorization by the governing
bodies of both parties (county and included unit) executed by the proper officials in sufficient
time to meet the deadline for submission indicated in the schedule provided by HUD and,
WHEREAS, by September 29, 2000 any county seeking to qualify as an urban county
Packet Pg. 725
must submit to the appropriate HUD Field Office all qualification documentation required.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
The Collier County Board of County Commissioners hereby directs the Collier County
Department of Housing and Urban Improvement to prepare, or cause to be prepared, an
application to the U.S. Department of Housing and Urban Improvement (HUD).
The Board of County Commissioners hereby authorizes the County Manager, or the
Division Administrator for Community Development & Environmental Services, as their
designee to sign the application and other documents pertaining to the application, to accept the
grant funds on behalf of the County, and to act in behalf of the Board of County Commissioners
to sign all documents, including the reports necessary for administration if the County receives
the Urban County status.
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 thisv?g:�Vay of 2000 after motion, second
apdmajQ.rity vote favoring same.
4T—TEST".
TDWIGRT E. BROCK, CLERK
15�puty Clerk
Anist as to chairm 3
signature only.
Approved as to form and
ff ncy'
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"u
Patrick G it,
Assistant County Attorney
G:Entill em ent/Resol uflon
BOARb OF COUNTY COMMSSIOXERS
OF eOLLIER COUNTY, FLORIDA
By:
TAN, NE, CHAIRMAN
TIMO! C
I Packet Pg. 726