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Agenda 07/26/2011 Item #16D 97/26/2011 Item 16.D.9. EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing $50,000 in compensation for FYI I from the City of Marco Island pursuant to Interlocal Agreement. (Fiscal impact $50,000) OBJECTIVE: To approve a budget amendment recognizing $50,000 in compensation for FYI 1 from the City of Marco Island pursuant to Interlocal Agreement. CONSIDERATIONS: On June 13, 2000, Collier County and the City of Marco Island entered into an Interlocal Agreement ( "Agreement ") to recognize that affordable housing is not only a county -wide concern, but also a regional concern that requires a consolidated approach to effectively address the affordable housing needs both on Marco Island and throughout unincorporated Collier County. The Agreement is recorded in Official Records Book 2692 Page 0211 of the Public Records of Collier County, Florida; a copy is attached to this item. The aforementioned Agreement provides, in part, that in return for making all Board of County Commissioners' approved affordable housing programs (i.e. down payment assistance, owner occupied rehabilitation, etc.) available to Marco Island residents, the City will pay Collier County annually an amount "equal to 10% of annual building permit fees collected by the City, or $50,000.00, whichever is greater." For FYI 1, the total amount of building permit fees collected were $141,453.76; a copy of the fees collected report is attached to this item. As such, it is proper to accept $50,000, which is the greater amount pursuant to the Interlocal Agreement. Funds received are deposited into Fund 116, which serves as the depository reservoir for the compensation paid by the City to the County pursuant to the terms and conditions of the Interlocal Agreement. Funds may be used for the provision of affordable housing or to further the goals and objectives of the Growth Management Plan's Housing Flement. Funding decisions are at the discretion of the Board of County Commissioners. FISCAL IMPACT: Funds in the amount of $50,000 within Fund 116 will be recognized as revenue for FYI 1. LEGAL CONSIDERATIONS: This item does not present any legal issues and requires a majority vote for approval — JBW GROWTH MANAGEMENT IMPACT: The Marco Island Affordable Housing Fund supports efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. RECOMMENDATION: To approve a budget amendment recognizing $50,000 in compensation for FYI from the City of Marco Island pursuant to Interlocal Agreement. Prepared By: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services Packet Page -1928- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9. 7/26/2011 Item 16.D.9. Item Summary: Recommendation to approve a budget amendment recognizing $50,000 in compensation for FY11 from the City of Marco Island pursuant to Interlocal Agreement. (Fiscal impact $50,000) Meeting Date: 7/26/2011 Prepared By Name: RamseyFrank Title: Manager, Housing, Human and Veteran Services 7/1/2011 10:35:03 AM Submitted by Title: Manager, Housing, Human and Veteran Services Name: RamseyFrank 7/1 /2011 10:35:05 AM Approved By Name: KrumbineMarcy Title: Director - Housing & Human Services,Housing, Human & Veteran Services Date: 7/1/2011 11:06:03 AM Name: AckermanMaria Date: 7/1/2011 11:23:53 AM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 7 /1/2011 3:57:07 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 7/1/2011 4:09:10 PM Name: FoordMarlene Packet Page -1929- 7/26/2011 Item 16.D.9. Title: Grant Development & Mgmt Coordinator, Grants Date: 7/7/2011 3:38:02 PM Name: RamseyMarla Title: Administrator, Public Services Date: 7/11/2011 4:43:31 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 7 /18/2011 10:11:13 AM Name: KlatzkowJeff Title: County Attorney, Date: 7/18/20114:24:05 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 7/19/2011 12:05:50 PM Name: KlatzkowJeff Title: County Attorney, Date: 7/19/2011 1:31:52 PM Name: Pricel-en Title: Administrator - Administrative Services, Date: 7 /19/2011 3:56:11 PM Packet Page -1930- 7/2612011 Item 16.D.9. Retn, 2655402 OR: 2692 `G: C�41 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS Of COLLIER COUNTY, Ft INTEROFFICE 4TH FLOOR 06/28/2000 at 12:18PH DWIGHT E. BROCK, CLERK RBC FEE 28.50 BET 1240 COPIES 6.00 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (the "Agreement ") is entered into this / ,jA day of , 2000, by and between THE CITY OF MARCO ISLAND, FLO DA, hereinafter called the "City ", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter called the "County ". The City and the County are sometimes collectively referred to herein as the "parties" or individually as the "party ". WITNESSETH: WHEREAS, the City was incorporated by special act of the Florida Legislature that was approved on August 28, 1997 and by referendum; and WHEREAS, Chapter 163, Florida Statutes, requires all municipal governments to prepare and adopt a Comprehensive Plan, including a Housing Element, within three years of incorporation; and • WHEREAS, the City is located within Collier County, Florida; and WHEREAS, the County has successfully implemented a Housing Program pursuant to the Housing Element contained in the County's Growth Management Plan to address affordable housing needs and issues; and WHEREAS, Section 163.01(2), Florida Statutes, permits local governmental units to make the most efficient use of their resources by enabling them to cooperate with each other to provide services in a manner that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the parties recognize that affordable housing is not only a county -wide concern but also a regional concern and that a consolidated approach presents a rational means to effectively address affordable housing needs both on Marco Island and throughout unincorporated Collier County; and WHEREAS, the County desires to assist the City and serve all of the citizens of Collier County by expanding the County's Housing Program, including but not limited to all operational, managerial and programmatic services, to encompass the City; and Packet Page -1931- O1 7/26/2011 Item 16.D.9. 16A 1 WHEREAS, by inclusion of the City in the County's Housing Program, such program shall serve as the primary source for affordable housing programs and services to address moderate, low and very low income household needs and opportunities both on and off Marco Island; and WHEREAS, the City has requested that the County provide assistance to the City by including the City in the County's Housing Program to address affordable housing issues both on and off Marco Island. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. The County will provide the services of the County Housing and Urban Improvement staff ( "County Staff ") to incorporate the City into the County's Housing Program, and to provide the citizens of Marco Island all the services, programs, and other benefits available to all other persons served by the Housing Program. 2. The City will provide adequate space for the public display of housing information and materials, and further will devote nominal staff time to assist in the dissemination of information related to the Housing Program. 3. The geographical boundaries of the City of Marco Island shall be included as part of the County's Urban Area Boundary (map attached), and such housing programs and activities contemplated by this agreement shall occur within such Urban Area Boundary. 4. That upon incorporation of the City into the County's Housing Program, all current and future estimates of affordable housing needs shall be calculated utilizing population data and economic conditions /factors that encompass the Urban Area Boundary covered by the Housing Program. Any future affordable housing needs or obligations that may be attributable to the City shall not be calculated independently, but rather shall be included in overall Housing Program area calculations. 5. The City shall defer to the County all decisions regarding the allocation and use of all sources of Housing Program funding. In return the County shall provide the City with monthly reports in a format mutually agreed upon. Packet Page -1932- 017/26/2011 Item 16.D.9. 1bA 1 6. That the County shall be able to utilize and include demographic figures for the City of Marco Island for any future funding or grant proposals prepared by County staff or designee to advance programs and /or services under the Housing Program. 7. That the expansion of the County's Housing Program to incorporate the City shall make the County's program the primary source for housing programs and opportunities, including affordable housing, on and off Marco Island. 8. TERMS OF AGREEMENT. This Agreement shall be for an initial term of thirty -six (36) months beginning October 1, 2000, and ending September 30, 2003. This initial term shall be automatically renewed for additional three -year terms commencing October 1 of the applicable year and terminating September 30 three years thereafter unless one party delivers a written notice of termination to the other party prior to April 1 of the applicable termination year. The parties further agree that this Agreement may be terminated upon a finding by the Florida Department of Community Affairs, in writing, of one or more of the following: (i) that the Agreement is contrary to the intent of Chapter 163, Florida_ Statutes, (ii) that the agreement is contrary to policies contained in the Southwest Regional Policy Plan, (iii) the agreement is not in the best interest of the County, City, and affected residents of Collier County. 9. NOTICES. All notices that are required hereunder, or which either party may desire to serve upon the other party, including but not limited to a change of address for either party, shall be in writing and shall be presumed served when delivered personally, or when deposited in the United States mail, postage prepaid, addressed in accordance with each party's current address of record. The initial address of record for each party is: Chairman, Marco Island City Council 950 N. Collier Boulevard, Suite 308 Marco Island, FL 34145 Chairman, Board of County Commissions 3301 East Tamiami Trail Naples, FL 34112 Packet Page -1933- 017/26/2011 Item 16.D.9. 16A 10. COMPENSATION. For the services rendered by the County pursuant to this Agreement the City shall provide compensation which the County must allocate to affordable housing activities. The compensation paid by the City will equal 10% of annual building permit fees collected by the City, or $50,000.00, whichever is greater. Calculation of annual City building permit fees collected shall not include any required impact fees or state mandated fees. Further, for any qualified project within the City which is eligible for building fee reduction or waiver, the amount of building fee reduction, waiver or deferment shall be deducted from the total amount of annual compensation. Said payments from the City to the County shall be made to the Board of County Commissioners. The payments by the City shall be paid in quarterly installments beginning January 1, 2001 or as governed by Chapter 218, Florida Statutes (The Florida Prompt Payment Act). 11. INSURANCE. The County's liability coverages will extend to both the County and County's staff for this Agreement subject to normal exclusions. 12. RECORDING. This Agreement shall be recorded in the Official Records of Collier County, Florida. CITY OF MARCO ISLAND, FLORIDA By: Harry CoMin, Chairman Attest: A. William Moss, City Manager BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY 39 Attest:�� Au 1w a� Dwig E. Brock, Clerk of Courts AttestSp;aapg•s :J sign onlp: Packet Page -1934- Approved as to form and legal Sufficiency for the City of Marco Island, Florida: A 40 -- Kenneth B. Cuyler, q. City Attorney OR 7/26/2011 Item 16.D.9. Approved as to form and legal sufficiency for Collier County: DRv60 Wft&£i_, Esq. (� County Attorney Packet Page -1935- 16A 1 ! 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