Backup Documents 07/09/2024 Item #16D3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Lisa N. Carr Community and Human in7t 6/28/2024
Services
2. Carly Sanseverino County Attorney Office
(55' DDeA4 7 f� 7 Z y
3. BCC Office Board of County
Commissioners CE) kifrbiq 7/1$12 y
4. Minutes and Records Clerk of Court's Office ogiv,
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 Lisa N. Carr CHS Phone Number 252-2339
Contact/ Department
Agenda Date Item was July 9,2024 Agenda Item Number 16.D,.3
Approved by the BCC
Type of Document Urban County Requ if^ o91uication Re ton Number of Original ,B 7
Attached and Agreements 4.-0 ZY -'I Documents Attached
PO number or account N/A
number if a document
is to be recorded
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? LC
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 LC
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-throughs 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 LC
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 LC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LC
should be provided to the County Attorney's Office at the time the item is input into
Minute Traq. 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 7.09.24 and all changes made during the N/A is not
meeting have been incorporated in the attached document. The County Attorney's G3 r an option for
Office has reviewed the changes,if applicable. Ot this line.
9. Initials of attorney verifying that the attached document is the version approved by the ` r N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the G5 an option for
Chairman's signature. 'p� this line.
Return the Originals to Lisa N.Carr at CHS
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 D 3
RESOLUTION NO. 2024- 13 0
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-01160/1850130/1] Page 1 of 2
16D3
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 1 day of 51/1/ , 2024 after motion, second
and majority vote favoring same.
ATTEST. , 4 BOARD OF COUNTY COMMISSIONERS
CRYSTAL AL ' is,‘,.CLERK COLLIER COUNTY, FLORIDA
4
- /,
Y:
B Y
Attest . 0 ait hiTY CLERK Chris H ,
iVjlak
B Chairperson
signature only
Approved as to form and legality:
Carly nne Sanseverino C3-5 S1(7-
Assi tant County Attorney
[24-SOC-01160/1850130/1] Page 2 of 2
0qo
16D3
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
(c;)
16D3
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.
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
CAO
16D3
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
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
•7
By: a�
'G By:
pips s t0,• �1Airatiltlity Clerk Chr all, Chairman
Si l t rare•only ."
•ATTEST: CITY OF MARCO ISLAND,FLORIDA
By: By:
Jo aylor, City Clerk Jar rifon',City ouncil Chairman
Approved as to form and legality: Approved as to form and legality:
0°---(1(
Dere .Pe
Assistant County Attorney [51 City Attorney
I,Crystal K.Kinzel,CI ,,rts in and for Collier County
do hearhy certify that a instrument is a true and correct
apy of the u,:ginal in er Counp► lgpda
By: [JL Deputy Clerk
Date:
[24-SOC-01160/1852350/1] Page 5 of 7
0
I
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.
[24-SOC-01160/1852350/1] Page 1 of 7
O
I 6 D3
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
[24-SOC-01160/1852350/1] Page 2 of 7
0
7 6 D 3 .�
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:
[24-SOC-01160/1852350/1] Page 3 of 7
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1603
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]
[24-SOC-01160/1852350/1] Page 4 of 7
0
1 603
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
CRYSTALK KINZEL, Clerk COLLIER COUNTY, FLORIDA
By. �„ 4444.1ak,
•G By:
Attes tottifitliAltY Clerk Chrlsall, Chairman -
ATTEST: CITY OF MARCO ISLAND,FLORIDA
By: — By
Jo aylor, City Clerk Jare rifon',City :ouncil Chairman
Approved as to form and legality: Approved as to form and legality:
Derel .Pe
Assistant County Attorney .City Attorney
I,Crystal K.Kinzel,Cke-' •;t :.rts in and Mr Collier County
do hearhy certify that t ah a instrument is a true and correct
Eµj of the u,.ginal ti din er Counh}rYlt?yda y
y !�/lJ �J�j Deputy Clerk
Date:
[24-SOC-01160/1852350/I] Page 5 of 7
010
16D3
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.
Citvi
Derek D.Perry,Assistant County Attorney
Collier County
h /74
Date
[24-SOC-01160/1852350/1] Page 6 of 7
I 6 D3
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.
Act City Attorney
City of Marco Island, Florida
&-) /81.9—C'2-Lk
Date I
[24-SOC-01160/1852350/1] Page 7 of 7