Resolution 2007-109
RESOLUTION NO. 2007- 109
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT
TO THE CITY OF MARCO ISLAND AND COLLIER COUNTY'S URBAN
COUNTY COOPERATION AGREEMENT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL
YEARS 2007-2009; PROVIDING FOR CERTAIN COMMITMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Housing and Community Development Act of 1974, as amended,
provides that 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
Marco Island entered into three-year "Urban County" Agreements with Collier County; and
WHEREAS, the City of Marco Island desires to continue participation in an amended
"Urban County" Agreement with Collier County; and
WHEREAS, the cooperation of Marco Island 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 U. S. Department of Housing and Urban Development (HUD) has
requested that the existing Urban County Cooperation Agreement be amended to add new
language; and
WHEREAS, this Agreement covers the period necessary to carry out activities which
will be funded from appropriations for Federal Fiscal Years 2007-2009 CDBG Entitlement
funds, including any automatic renewal periods.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section I.
The Board of County Commissioners does hereby agree to adopt the
amended Urban Cooperation Agreement with the City of Marco Island for continued
participation in the Community Development Block Grant program for Federal Fiscal Years
2007-2009.
Section 2.
The Chairman IS hereby authorized to sign the amended 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 after motion, second and majority vote, this ~ay of
~'2007.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
l,t1..".~t ii~ to elM lrwan
s1~attu'lfl Oill~.
4-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~-i~
J~S COLETTA, CHA: MAN
Approved as to form
and eg uf i iency:
Jeffre A. Klatz ow
Mana ng Assis ant County Attorney
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
Developrnent 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 prograrn 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 2007-2009.
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 2007 through 2009 in the HUD Cornmunity Development
Block Grant Entitlement program.
2. This Agreement will be automatically renewed for participation in
successive three-year qualification periods, unless 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 the Agreement
incorporating all changes necessary to meet the requirements for
cooperation agreements set forth in the Urban County Qualification
Notice applicable for a 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.
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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, 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 of Urban County funding for
activities, in or in support of the City, that do not affirmatively further fair
housing within the City's jurisdiction or that impede the County's actions
to comply with its fair housing certification.
8. The City has adopted and is 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 selecting CDBG activities and
annually filing the Action Plans with HUD.
11. The County agrees to provide technical assistance to the City in the
planning and implementation of CDBG Entitlement activities.
12. By executing this program 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
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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 on Marco Island. If HUD
determines that the proposed use of the funds are not eligible under
HUD guidelines and requires reimbursement then the City of Marco
Island will immediately reimburse the County the amounts determined
not to have been properly expended.
14. Disputes between the county and the municipality will be resolved
through the procedures contained in Chapter 164, Florida Statutes.
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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
SUBDIVISION OF THE STATE OF FLORIDA
By:
#4t
Jim Coletta, Chairman
:'\ ~ ;,'"
,-",
,
$
Appr ved as to form and
legal ufr . n .
Jeffre
Assis
ATTEST:
Laura Litzan, City Clerk
THE CITY OF MARCO ISLAND
COUNTY OF COLLIER, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
BYc/6/~
Date: 2 --2 J -07
By: ~ JxS~
Terri DiSCiullo ,Chairwoman
Approved as to form and
legal sufficiency
-RLt) ;g Q
Richard Yovanovi ,City Attorney
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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.
Jeffr y A. KI zkow, Assistant County Attorney
Colli r Count
AtJ~IL 2~ :J007
Dat6 .
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LEGAL CERTIFICATION
BY
CITY OF MARCO ISLAND'S 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 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.
J-L.-u -~ (?
Richard Yovanovic ,City Attorney
City of Marco Island
<..11.5310+
Date
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