Urban County Cooperation Agreement Between Collier County and City Of Marco Island URBAN COUNTY COOPERATION AGREEMENT
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
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 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.
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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 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 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 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
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(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
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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 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 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:
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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 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
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
funds for activities eligible under Title I of the Housing and Community Development Act
of 1974, as amended.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the County and the City have executed this Agreement
effective as of this latter date written below.
ATTEST,.. BOARD OF COUNTY COMMISSIONERS
CRY$ IZ!r INZEL, Clerk COLLIER COUNTY, FLORIDA
By; 'G By:
Ages s t0 haitt1 i 'n'Clerk Chr all,Chairman
Slckt `re-onit ..
. �y AP < •
ATTEST: CITY OF MARCO ISLAND,FLORIDA
•
By: By:
Joa aylor,City Clerk Jar rifon, City ouncil Chairman
Approved as to form and legality: Approved as to form and legality:
ci:2-----------
Dere .Pe
Assistant County Attorney A r City Attorney
I,Crystal K.Kinzel,CI •;f ,rts in and►nr Collier County
do hearhy certify that ab ginstrument is a true and correct
cupy of the u.,ginal in gl�er Counhlgpda
By: !(//JJ [J+(j Deputy Clerk
Date:
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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.
CFA) 04.-/V.'
Derek D.Perry,Assistant County Attorney
Collier County
-1/C8/74
Date
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LEGAL CERTIFICATION
BY
CITY OF MARCO ISLAND COUNSEL
As the legal counsel for the City of Marco Island, 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.
Asr( City Attorney
City of Marco Island,Florida
/8/9--02-1-1
Date
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