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Backup Documents 06/26/2012 Item #16D 1ORIGINAL DOCUMENTS CHECKLIST & ROUI1ING .4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 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 #I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. Grant Support Specialist (Initial) Applicable) 2. June 26, 2012 Agenda Item Number 16D1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Agreement and Resolution Number of Original 2 5. Ian Mitchell, Executive Manager Board of County Commissioners '-, j-' k -L-AWL 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 2pm (The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Elly Soto McKuen Phone Number 252 -2664 Contact Grant Support Specialist (Initial) Applicable) Agenda Date Item was June 26, 2012 Agenda Item Number 16D1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreement and Resolution Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in.the Not Applicable column, whichever is Yes N/A (Not appropriate (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be ESM signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's ESM n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ESM document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ESM signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip ESM should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 6 -26 -12 and all changes made during the ESM meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D 1" MEMORANDUM Date: May 14, 2012 To: Elly Soto McKuen, Grant Support Specialist Housing, Human & Veterans Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Urban County Cooperation Agreement between Collier County & the City of Naples (certified) Recorded (& certified) Resolution 2012 -115 HUD CDBG Entitlement Program Enclosed, please find one (1) certified copy of documents as referenced above, (Agenda Item #16D1) which was approved by the Board of County Commissioners on Tuesday, June 26, 2012. Please return a fully executed copy to the Minutes and Records Department, where it will be kept as part of the Board's Official Records. If you should have any questions, please call me at 252 -7240. Thank you 160 10 Martha S. Vergara From: Sent: To: Subject: Hey Martha, Please charge recording fees to: CDBG account string 705 - 138705 - 33176.1 Thanks, Elly McKuenElly <ellymckuen @colliergov.net> Thursday, June 28, 2012 11:47 AM Martha S. Vergara RE: Resolution 2012 -115 for Agenda Item #16D1 for the 6/26/12 BCC Meeting From: Martha S. Vergara Imai Ito: Martha.Vergara @colIierclerk.coml Sent: Thursday, June 28, 2012 11:42 AM To: McKuenElly Subject: Resolution 2012 -115 for Agenda Item #16D1 for the 6/26/12 BCC Meeting Hi Elly, I will need a recording string (cost center number) to record this resolution. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara ,collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskCalcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 160 141 INSTR 4712078 OR 4812 PG 289 RECORDED 6/28/2012 4:40 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 RESOLUTION NO. 2012- 115 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 160 11 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. B OG , CLERK B ! atilt D k Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney aCp�� day of 4UA91 2012 after motion, second BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 1:iA lni - ( 1!,4 i�z FRED W. COYLE, CHAIRMA 160 141b 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. 1 16D 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 16 IZ; 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 16D 11 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 4 160 IN 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 By: => Dep Clerk Date ATTEST: Tara Norman, City Clerk By: X14 �l Date: By: L'i C2�:��4 Fred W. Coyle, Chairm Approved as to form and Legal sufficiency Jennif6f B. White Assistant County Attorney THE CITY OF NAPLES B John S rey, III, Mayor Approved as to form and legal sufficiency 5 Robert D. Oritt, City Attorney 160 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 (Q \ \ -11� \\-;)- Date 0 16D Vi.- 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. Robert D. Pritt, City torney City of Naples, Florida 2�- 253\rL- Date rA 160 10 Martha S. Vergara From: McKuenElly <ellymckuen @colliergov.net> Sent: Tuesday, July 03, 2012 9:22 AM To: Martha S. Vergara Subject: RE: Urban County Agreement & Resolution Certified copies of the agreement and the resolution will be fine. Please let me know when they are ready and I will walk over and pick them up. Thanks so much for your help. I appreciate your offer to send them over to Miami, but I have other information I need to include in the package. Your offer is greatly appreciated. Have a great day, Elly From: Martha S. Vergara [mailto: Martha .Vergara(a)collierclerk.com] Sent: Tuesday, July 03, 2012 8:54 AM To: McKuenElly Subject: RE: Urban County Agreement & Resolution Elly, I can send you a certified copy of the agreement the resolution has not come back from recording. I can send it via FeclEx if you have an account with them and an address of where and who it will go to. The resolution has been recorded and can be found on the clerk's website at OR Book #4812 Page #289. But like I mentioned I can send a certified copy of each document. Thanks, Martha From: McKuenElly [ mailto :ellymckuenCa1colliergov.net] Sent: Tuesday, July 03, 2012 8:33 AM To: Martha S. Vergara Subject: Urban County Agreement & Resolution Hey Martha, I'm just following up to see where you are with the recordation of the Urban County Agreement and the Resolution I sent over last week. The documents must be at the HUD Miami Field Office by Friday, July 6. Any assistance is greatly appreciated. Have a great 4`h of July. Elly 160 10 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, July 03, 2012 9:37 AM To: ellymckuen @colliergov.net Subject: RE: Urban County Agreement & Resolution Elly, I have the certified copies of the recorded resolution and the Urban Agreement ready to go. In the future this can be avoided by the following: Office. Note on the pink routing sheet that you will need a certified copies to forward on to the HUD Field or Send two originals (of each document) and let us know that you will need one set of documents back for the HUD Field Office (either of which can be done if not the same day by the next) That way we have the same goal in mind and that's to get all paperwork to the appropriate office on time.. Also, for the Boards Records if you bring /send a copy of the complete package that will accompany these documents we will make sure that the record for the Board is complete and that both entities have a copy of all documents that are transmitted /forwarded. Give me a call if you have any questions.. 252 -7240 Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara ,collierelerk.com From: Martha S. Vergara Sent: Tuesday, July 03, 2012 8:54 AM To: 'McKuenElly' Subject: RE: Urban County Agreement & Resolution Elly, I can send you a certified copy of the agreement the resolution has not come back from recording. I can send it via FedEx if you have an account with them and an address of where and who it will go to. 1 16n 11 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, July 03, 2012 9:48 AM To: Jessica Rosenberg (JRosenberg @naplesgov.com) Subject: HUD Urban County Cooperation Agreement Attachments: Elli - Reso & Agmt.pdf Hi Jessica, Attached I am sending you a scanned copy of the documents that are going to HUD for the Urban County Cooperation Agreement between Collier County and the City of Naples, approved by the Board on Tuesday, June 26, 2012 (Agenda Item #16D1). The Housing dept. only gave our department one copy of the document for this CDBG, so I thought you might need a copy of the certified documents sent to the HUD field office in Miami. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara a, collierclerk.com 16D INSTR 4712078 OR 4812 PG 289 RECORDED 6/28/2012 4:40 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 RESOLUTION NO. 2012- 1 t 5 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 11 * ** OR 4812 PG 290 * ** 16D 11 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: BI BY; L; ti. ".7. Approved as to form and legal sufficiency: Jennifer $. White Assistant County Attorney a Cv +y' day of 4A6,91 2012 after motion, second BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA aiara, 0: f t;;RJUA Junty of COLLILR I HEREBY Cf XTIFY- THAI' Ws It a t#W A :orrecl Cool d000i snt "me in 3oard .trf ;iar t�sON* 160 11 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. 160 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 2 160 14 104 (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 16D 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 16D iii 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 0 I Deer Clerk Date f Jyn,q, 2-%,011L Otte I% as 1i11lrrq 1 OVA" to By: Li. Fred W. Coyle, Chairm Approved as to form and Legal sufficiency Jenni B. White Assistant County Attorney ATTEST: THE CITY OF NAPLES Tara Norman, City Clerk By: O Wt 0, Date: B A227a John S rey, III, Mayor Approved as to form and legal sufficiency 5 Robert D. Prift, City Attorney 16D 11 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 Z 160 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. ls*s Robert D. Pritt, City orney City of Naples, Florida Date 7 160 10 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: Urban County Cooperation Agreement between Collier County and The City of Naples Agenda Item from the June 26, 2012, BCC Meeting Item #16D1 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of July, 2012. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Boacrf , County Commiss.i�,, `. re - , 4, By: Martha V6;�, "aka Deputy C1�% retF a. x41ti2