Urban County Cooperation Agreement Between Collier County and City of Naples 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 (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
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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 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.
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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 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
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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: BOARD OF COUNTY COMMISSIONERS OF
CRYSTA INZEL, CLERK COLLIER COUNTY FLORIDA
/ By:
. 'S HAIRPERSON t
�t� �� Deputy Clerk
•
Date: 7/61 /2L/
CITY OF NAPLES, FL
Dated:
Attest: `. . *.,�,� �, ., 42z:
• e. By:
Pathia rnbpsk,; t7 Clerk Teresa Lee Heitmann, Mayor
Date:
•. . » Date: "/.-' 2
Approved as to form and legality: Approved as to form and legality:
1/(77-1 - --
`i JP �1n� S 3�n a Ralf Brookes, Esq.
Assistant County Attorney Interim City Attorney
Date: 6/3 7i ( Date: S —/S ' 2�
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