Agenda 06/26/2012 Item #16D 16/26/2012 Item 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve an Urban County Cooperation Agreement with the City of Naples;
authorize the chair to sign the approving resolution and authorize staff to forward the supporting
documentation to the U.S. Department of Housing and Urban Development (HUD) in order to
comply with HUD's Urban County Re- Qualification requirements.
OBJECTIVE: To re- certify Collier County as an Urban Entitlement County, including facilitating
cooperation between the Board of County Commissioners (BCC) and the City of Naples in the
administration and implementation of an Urban County Cooperation Agreement for the Community
Development Block Grant (CDBG) program.
CONSIDERATIONS: Collier County, along with the participating cities, Naples and Marco Island,
became eligible to receive federal CDBG entitlement funds annually through an Urban County
Cooperation Agreement adopted by all jurisdictions in September 2000. By Statute, 24 CFR 570.307(d),
the County is required to adopt a Cooperation Agreement every three (3) years with its participating
municipalities.
At the regular City Council meeting of May 16, 2012, the City of Naples adopted the attached Urban
County Cooperation Agreement and Resolution for fiscal years 2013 through 2015. Participating
jurisdictions benefit from continuing this partnership established for the administration of the HUD
CDBG program in that they receive grant funds for use in their jurisdiction.
On May 22, 2012, the City Manager with the City of Marco Island submitted a letter to the Housing,
Human and Veteran Services office notifying the County they are choosing to not participate in the Urban
County Cooperation Agreement for fiscal years 2013 -2015. Per HUD Miami there are no adverse affects
to Collier County for their decision at least through 2015 (see Fiscal Impact); the City of Marco Island
will no longer receive their entitlement funding.
FISCAL IMPACT: Collier County receives approximately $2 million in CDBG entitlement funds each
year. The City of Naples allocation is approximately $105,000. The City of Marco Island allocation is
approximately $80,000. If the City of Marco Island continues not to participate in subsequent years after
2015, HUD has advised they may reduce Collier's CDBG overall entitlement by a similar amount. There
is no impact on general revenue funding.
GROWTH MANAGEMENT IMPACT: The activities associated with this amendment are consistent
with Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. - JBW
RECOMMENDATION: The Board of County Commissioners approve the Collier County and City of
Naples Urban County Cooperation Agreement, authorize the chair to sign the approving Resolution
accepting the Agreement and authorize staff to forward the supporting documentation to HUD in order to
comply with HUD's urban county re- qualification requirements.
Prepared by: Margo Castorena, Grant Operations Manager, Housing, Human & Veterans Services
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6/26/2012 Item 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1.
Item Summary: Recommendation to approve an Urban County Cooperation Agreement
with the City of Naples; authorize the chair to sign the approving resolution and authorize staff
to forward the supporting documentation to the U.S. Housing and Urban Development (HUD) in
order to comply with HUD's Urban County Re- Qualification requirements.
Meeting Date: 6/26/2012
Prepared By
Name: McKuenElly
Title: Grant Support Specialist, Housing, Human & Veteran
5/9/2012 12:05:37 PM
Submitted by
Title: Manager - Federal/State Grants, HHVS
Name: CastorenaMargo
5/9/2012 12:05:41 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 6/4/2012 1:21:13 PM
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
Date: 6/7/2012 10:32:44 AM
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
Date: 6/7/2012 2:16:24 PM
Name: CastorenaMargo
Title: Manager - Federal/State Grants, HHVS
Date: 6/11/2012 4:51:43 PM
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Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
Date: 6/12/2012 4:20:01 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 6/13/2012 5:24:00 PM
Name: CamellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 6/14/2012 2:51:41 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/14/2012 3:29:20 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Semor,Office of Management & Budget
Date: 6/18/2012 10:09:28 AM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 6/18/2012 11:51:41 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/18/2012 2:14:11 PM
Name: OchsLeo
Title: County Manager
Date: 6/19/2012 10:12:26 AM
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6/26/2012 Item 16.D.1.
6/26/2012 Item 16.D.1.
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 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 2013 - 2015.
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 2013 through 2015 in the HUD Community Development
Block Grant Entitlement program.
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6/26/2012 Item 16.D.1.
2. This Agreement will be automatically renewed for participation in
successive three -year qualification periods, unless either the County or
the City provides written notice 90 days prior to the start of the Federal
Fiscal Year that it elects not to participate in a new qualification period.
By the date specified in HUD's Urban County qualification notice for the
next qualification period, Collier County will notify the City of Naples of its
right to be automatically renewed or withdraw from the Urban County
designation.
3. Failure by either party to adopt an amendment to this Agreement
incorporating all changes necessary to meet the requirements for
cooperation agreements set forth in the Urban County Qualification
Notice applicable for the subsequent three -year urban county
qualification period, and to submit the amendment to HUD as provided in
the Urban County Qualification notice, will void the automatic renewal of
such qualification period.
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 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 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
2
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6/26/2012 Item 16.D.1.
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.
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 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 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
3
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6/26/2012 Item 16.D.1.
HUD eligible uses.
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 then the City of Naples 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.
SIGNATURE PAGE TO FOLLOW
4
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6/26/2012 Item 16.D.1.
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 FOR
COLLIER COUNTY, FLORIDA. A POLITICAL
Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA
, Deputy Clerk
Date:
ATTEST:
Tara Norman, City Clerk
By: / r
L
Date:
2
Fred W. Coyle, Chairman
Approved as to form and
Legal sufficiency
Jenni B. White
Assistant County Attorney
THE CITY OF NAPLES
By:
77 John Sorey, III, Mayor
Approved as to form and
legal sufficiency
V r .
Robert D. Pritt, City Attorney
s
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6/26/2012 Item 16.D.1.
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.
Jennifer B. White,
Assistant County Attorney
Collier County, Florida
Date
0
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6/26/2012 Item 16.D.1.
LEGAL CERTIFICATION
BY
CITY OF NAPLES'S COUNSEL
As the legal counsel for the City of Naples, I hereby state that the terms and
provisions of this Agreement are fully authorized under State and local law, and that
the Agreement provides full legal authority for the City to undertake or assist in
undertaking essential community development and housing assistance activities,
including but not limited to, (a) acquisition of property for disposition for private
reuse, especially for low and moderate income housing, (b) direct rehabilitation of or
financial assistance to 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.
a
Robert D. Pritt, City'Attorney
City of Naples, Florida
—
Date
e
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6/26/2012 Item 16.D.1.
l
RESOLUTION NO. 2012-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF NAPLES"
CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
FEDERAL FISCAL YEARS 2013 -2015. 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, on September 26, 2000, June 24, 2003 and October 24, 2006, the City of
Naples entered into three -year "Urban County' Agreements with Collier County; and
WHEREAS, the City of Naples desires to continue participation in an amended "Urban
County' Agreement with Collier County; and
WHEREAS, the cooperation of Naples and 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, this agreement covers the period necessary to carry out activities which will
be funded from appropriations for Federal Fiscal Years 2013 -2015 CDBG Entitlement funds,
including any automatic renewal periods.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby agree to adopt the Urban
Cooperation Agreement with the City of Naples for the City to participate in the Community
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6/26/2012 Item 16.D.1.
Development Block Grant program for Federal Fiscal Years 2013 -2015.
Section 2. The Chairman is hereby authorized to sign the Urban Cooperation Agreement
and this resolution and the Clerk of the Circuit Court to attest to same.
BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in
the Public Records of Collier County, Florida.
This Resolution adopted this
and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
,Deputy Clerk
Approved as to form and
legal sufficiency:
Jennifer B. White
Assistant County Attorney
day of , 2012 after motion, second
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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