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Agenda 06/26/2018 Item #16D1706/26/2018 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to the 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) 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 Co mmissioners (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. Participating jurisdictions benefit from this optional partnership, established for the administration of the HUD CDBG program, in that they receive grant funds for use in their juri sdiction and the County provides the required administrative and compliance functions on their behalf. As required for each tri-annual Urban County re-qualification, Collier County staff contacted the City of Naples, City of Marco Island and Everglades City requesting confirmation of their decision concerning participating in the Urban County Cooperation Agreement. As of May 22, 2018, both the City of Marco Island and Everglades City declined to participate. At the regular City Council meeting of May 2, 2018, the City of Naples adopted the attached First Amendment to the Urban County Cooperation Agreement and Resolutions for fiscal year 2018. The Amendment was required to add new required compliance language ensuring that jurisdictions and units of local government use the funds only for allowable CDBG activities and programs. FISCAL IMPACT: There is no fiscal impact for this item. Collier County receives approximately $2.5 million in CDBG entitlement funds each year. The City of Naples allocation is typ ically approximately $105,000. LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: The activities associated with this amendment are consistent with the Housing Element of the Growth Management Plan. RECOMMENDATION: To approve a First Amendment to the 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) to comply with HUD’s Urban County Re-Qualification requirements. Prepared By: Cormac Giblin, Grant and Housing Development Manager, Community and Human Services Division 06/26/2018 ATTACHMENT(S) 1. 1st Amndt to Urban Co. Coop Agre06042018131812 (PDF) 2. Resolution City of Naples Urban County Agreement CAO Stamped (PDF) 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.17 Doc ID: 5872 Item Summary: Recommendation to approve a First Amendment to the 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) to comply with HUD’s Urban County Re-Qualification requirements. Meeting Date: 06/26/2018 Prepared by: Title: – Community & Human Services Name: Hilary Halford 06/05/2018 8:09 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 06/05/2018 8:09 AM Approved By: Review: Public Services Department Kimberley Grant Additional Reviewer Completed 06/05/2018 11:56 AM Community & Human Services Cormac Giblin Additional Reviewer Completed 06/05/2018 1:31 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 06/06/2018 10:55 AM Procurement Services Ted Coyman Level 1 Purchasing Gatekeeper Completed 06/07/2018 6:24 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/11/2018 9:06 AM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 06/11/2018 2:30 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2018 3:04 PM Grants Erica Robinson Level 2 Grants Review Completed 06/12/2018 1:14 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/13/2018 11:39 AM Office of Management and Budget MaryJo Brock Additional Reviewer Skipped 06/15/2018 3:50 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/15/2018 4:25 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/18/2018 7:40 AM Grants Therese Stanley Additional Reviewer Completed 06/18/2018 9:06 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/18/2018 10:12 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/18/2018 11:45 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM FIRST AMENDMENT TO TJRBAI{ COUNTY COOPERATIONAGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES TIIIS FIRST AMENDMENT TO TJRBAI\I COI'NTY COOPERATION AGREEMENT, is entered this , date of 2018, by and between Collier County, a political subdivision ofthe 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 refened to as the "City"), collectively referred to as the "Parties". WITNESSETH: WIIEREAS, the Housing and Community Developmeot Act of 1974, as amended, makes provision whereby counties may enter into cooperation agreements with certain units of govemment to carry out activities which will be firnded ftom annual Federal Housing and Urban Development (HUD) Commmity Development Block Grant program firnds; and WHEREAS, the cooperation of the City and County is essential for the successful planning aod implementation of the Community Development Block Grant (CDBG) ptogram under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WIIEREAS, in 2012 the City opted to be included in the Urban Comty Program, Urban County Cooperation Agreement attrached as Exhibit "A" and incorporated by reference herein; and WHEREAS, the term of the Urban County Cooperation Agreement has automatically renewed since 2012 with the City continuing irs participation Urban County Program; and WHEREAS, this First Amendment is to incorporate a new standard term that was recently required by HUD into the Urban County Cooperation Agreement. NOW THER.EFORE, in oonsideration of the mutual oovenants and promises set forth herein, the Urban County Cooperation Agreement is amended as follows: 1. Add a new term to the Urban County Cooperation Agreement to be identified as "Paragraph 15" which shall state: 15. A unit of general local govemment may not sell, trade, or otherwise transfer all or any portion of such firnds to a meEopolitan 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. 2. Except as expressly provided herein, the Urban County Cooperation Agreement remains in full force and effect according to the terms and conditions contained thsrein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WTTNESS WHEREOf,', the County and the City have executed this Ffust Amendment to Urban County Cooperation Agreement effective as of the date witten above. ATTEST: DWIGIII E. BROCK, Clerk BOARD OF' COMMISSIONERS COLLIER CO['NTY. FLORIDA ANDY SOLIS, CTIAIRMAN CITY OF NAPLES By:By: Jennifer A. Belpedio Assistant County Attomey ,,,_fu&. BILL BARNETT, MAYOR Approved as to form and legal sufficiency: 't ', ,)' . , '. ,,:'1., l' ii i t:r Robert D. Pritt City Attorney "*'" LEGAL CERTIFICATION BY COLLIER COTJNTY'S COTJNSEL As the legal counsel for Collier County, I hereby state that the terms and provisions of this First Amendment are frrlly authorized under State and local law, and tlat the First Amendment 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, espeoially 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 A. Belpedio, Assistant County Attomey Collier County 4d. Date LEGAL CERTIFICATION BY CITY OF NAPLES' COUNSEL As the legal counsel for t}e City ofNaples, I hereby state that the terms and provisions ofthis First Amendment are fully authorized under State and local law, and that the Fint Amendment provides firll 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) oondemnation of property for low income housing, r-],. -. "\,i.'r! r', t .:.''l\rii .J'r '';,\ Robert D. Pritt, City Attome! City of Naples 5i>! ao r 4 EXHIBIT A p"s"-l-ot--il URBAN COUNTY COOPERATION AGREEMENT BETWEEN COLLIER COUNTY .... , AND ,: . ';1.i ,, ' . l clTy oF NApLEs -,r,r4,1;. :,. .,., , . . ; THls URBAN CoUNTY COoPERATIoN AGREEMENT, by and b€tween Colller " . county, a polltlcal subdlvision of the Stato of Florida through it6 Board of County Commissloners of Colller County, Florlda (herelnafter refened to as tho 'County'); and the Ctty of Napl€s, Flo;da (horelnafter refer€d to as the "Clty"), WITNESSETH , WHEREAS, the Houslng and Communlty D€velgpment Aot of 1974, a8 amended, makes provislon whereby counlies may enter Into cooperallon agreom€nts. wtth certaln unlts of government to carry out aotivtiles whlch will be funded from annual Federal Houslng and Urban Dsvelopment (HUD) communlty Dovelopmont Blook Grant program funds; and WHEREAS, th6 cooperatlon of the Clty and County 16 eEsentlal for the succsssful planning and implem6ntatlon of the Communlty Development Block Grant (CDBG) program under an "Urban county" d€slgnatlon by the U.s. Department of Houslng and Urban Devolopment; and WHEREAS, the City haE opbd to be includ€d In tho Urban County Program tor F€deral Flscal 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 CIW OF NAPLES. FLORIDA AGREE AS FOLLOWS: 1. Thle AgrEoment covers lhe Countys 'and .tho Clty's pardolpaton during Flscal Years 2013 through 2015 In the HUD Community Dev€lopment Block Grant Enlitlem€nt program, I b: Thls Agreemont wlll ba automatlcally ronowod for partlcipatlon In successive three-year quallfication periods, unless elthsr the Cotrnty 0r the Clty. provide8 wrltten nolice 90 dayB prlor to the start of th6 Feh€ral Fisoal Year that lt alects not to parllcipate In a new qualificatlon pertod' By the date Bpectfl6d In HUD'8 Urban Gounty quallfication notioe for lhe neK quallication perlod, Collier County will notif, the CiV of Napl63 of ltg rlght to be automatloally r€newed or wlthdraw from tha Urban County deslgnatlon, Failure by elther party to adopt an amendmont to this Agreement Inoorporatlng all changes neceasary to me€t th€ requlrements for ooop€ration agreemenb s€t forth In the Urban County Qualificatlon Notico appllcsble for the aubsequenl lhree'y€ar urban oounty quallfication perlod, and to submit lhe amendment to HUD aB provided in the Urban County Qualifioation nolica, wlll vold the automatlc renewEl ot Buch quallflcatlon Perlod, Neither party may tBrmlnate or wlthdraw from thls agr€ement whlls lt remalns in effect. Thls Agreement will remaln ln effeci until all of the . CDBG funds and Incom€ recgived t,lth respect to thls thrae'y€ar urban county quallficaflon p6 od (and any succesalvti quallfcation pqrlode) arg . gxpended and thg ..coffLspondlngly ' fundFd actlvltles hav€ bebn oompletad. Th€ County and the clty agree to ooop€rate to undorteke, or asslst In undertaklng community r€nowal and lower Income houslng as6istence aotivillos, Including but not llmit€d to, (a) acqulsltion of proporty tor dlsposltion for prlvats rouse, espeolally for low and moderate Incom€ hou3lng, (b) direc-t.rehabllltatlon ot or flnanclal asslslance to houslng' (c) . low rent houelng actlvltleE, (d) dlsposition of land tb prlvate dev6loper8 for appropriate redevelopment, and (e) condemnaiion of properly for low Income howlng. The County, and the City are obllgated to take all ac,tlons nece8sary to irseure compllance wlth the Count/s certlflcallon requlred by Section 'a 7. 104 (b) of Titlo t of the Housing and communtty Development Act of 1974, as amended, Includhg Tltle Vl of th€ Civll Rlghts Act of 1964' the Fah Houslng Act Section 109 of Tltle I of the Hoqslng and Community Devalopment Act of 1974, and other applioeble laws' Thls Agreeinent prohibits the City'8 use and the County's us€ of Urban County tunding for ac0vltles, In or In support of the Clty or County that do not affirmaflvely further fah hou8ing within ib Jurisdlc{lon or that lmpede the County's aotlons to cqmply wlth lts falr houslng carfificatlon. 'The County and Clty hava adopted and ars €ntorolng: a, a polioy prohlblting the use of exo€sgive forco by law enforcement agencies withln lta jurisdiction agalnst any indlviduals engag€d in non-vlolBnt olvil dghte demonstratlons; and b. a pollcy of onforclng appllcable StatB and local laws agalnst physically barring entrance to or exlt from a faoility or looa{on whlch is the subject of Euch nonvlolant oivil rlghts demonstraflons within hs Jurlsdlctlon. Pursuant to 24 CFR 570.501(b), th€ City b subleol to the 6ame requlrements appllcable to subreolplents, Includhg the requirements for a written agreement set forth in 24 CFR 670.50 Th6 County has tinal responslblllty for admlnlstratlon of CDBG aotivitles and annually fftlng the Aotion Plans with HUD. ThB Clty has responslbility for day to day lmpl€mentaton of lts programs. Th€ counv and clty agroe to work coopereth/ely on provldlng technlcal assistance In he planning, EdmlnFhsdon and lmplementatlon of CDBG Entitlement actMtios. '12. By exocuting lhis coop€rallon agreement lbe Clty erpresely.understande and agrees that a. it may not apply lor grants und8r the Small Citles or State CDBG program8 from approprlations for flsoal yeare during th€ period in whlch lt ls partlcipatlng in the Urban County's CDBG programi and b. it may uee the funds recelved pursuant to thls agreement only for 10. 1a 13. HUD ellglblo us88. Clty of Napl€s will recelve lis CDBG funding basod on tho HUO allocation formula for HUD ellglblB proleds ln Naples' lf HUD dotermlne8 that the proposed uses of the funde aro not ollglble undBr HUD guidelines arid rcquires reimbursomsnt then the City of Naples wlll immediately r6lmbur86 ths County the amounts doterinined not to have bsen properly expended. Dlsputes betw€en Collier County and the Clty ot NaPles win b€ resolved through the procedures contalned in ChePter 164, Florlda Statutes. SIGMTURE PAGE TO FOLLOW lN WITNESS WHEREOF, the County and tho Clty have oxecut€d thls Agre€ment efi€atke as of thg latter date written below. ATTEST: Dwlght E. Brook, clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Fred W. Coyle, Chalrman Approved as to form and Legal sufficlency THE CITY OF MPLES By:. , Deputy Clerk ATTEST: | | (0..' t)Tara Norman, CtV:qqfi . .2 n'kr, ..By: Date: 5- r/- / a- \srJtx,-Jennll* B. Whlt€ As6lstanl County Attomsy Approved as to form and legal sufncbnay LEGAL CERTIFICATION BY COLLIER COUNTY'S COUNSEL As the l€gal couns€l for colller County, I heroby state that the tarms and provislons of this Agreemgnt are fully authorlzed under State and local ta\ '' and that the Agr€oment providss full legal aulhodty for the County to undertake or aEslst In .undertakingessentia|commun|tydgve|opmentandhouslngass|stancgactlvlt|68' Inc,luding but not lirnited to, (a) acquisltlon of property lor disposition for private r€use, sspeclally fior low and moderate Income houslng, (b) dkect r€habllltatlon of or finanolal asBi8tanoo to housing, (c) low rent houslng ac{vltl68, (d) dlEposltion of land to privata dovelopers for approprlate rcdevelopmant, and (e) condomnation of property for low income houslng. :\-*il**.-L A$istant County Attomey colller Counly, Florida LEGAL CERTIFICATION BY CITY OF NAPLES'S COUNSEL A6 lhe logal counsel for the Ctty o{ Naples, I hereby state that the terms and provisions of thls Agreement are fully authorlzed under State and looal law, and that the Agre€mont provides full legal authority tor the Clty to underbke or a3sist In undertaklng essentlal community dev€lopm€nt and houslng asslstance activiflos' Includlng but not llmlted to, (a) acquisltion of property for dlsposltlon for prlvate reuse, especlally for low and mod€rate lncome housing, (b) diract rshEbilibtion of or financlal aEsl8tanoe to houslng, (c) low rent houslng aotivilies, (d) dlsposltlon of land to private developers for appropriato redevelopment, and (E) oond€mnatlon of proporty for low lncomE houslng. ^r\{("\( a v.d-ffi Clty ot NapleE, Florida -t-\-1s$"- RESOLUTION NO. 2018- 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 2018-19, 2019-20, and 2020- 21; 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 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, the cooperative agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2018-19, 2019-20 and 2020- 21 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 approve the First Amendment to the Urban Cooperation Agreement with the City of Naples for the City to participate in the Community Development Block Grant program for Federal Fiscal Years 2018- 19, 2019-20 and 2020-21. Section 2. The Chairman is hereby authorized to sign the First Amendment to 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 C+ the Public Records of Collier County, Florida. This Resolution adopted this and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK 0 , DEPUTY CLERK Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney day of , 2018 after motion, second COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY go ANY SOLIS, CHAIRMAN �v