Resolution 2021-147 RESOLUTION NO. 2021- 1 4 7
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF
NAPLES' CONTINUED PARTICIPATION AND NEW AGREEMENT TO
PARTICIPATE IN COLLIER COUNTY'S URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
FEDERAL FISCAL YEARS 2022-24; 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 "Urban County"
Agreement with Collier County; and
WHEREAS,the cooperation of the City of Naples with 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 2022-2024 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 Urban
County Cooperation Agreement with the City of Naples for the City to participate in the
Community Development Block Grant program for Federal Fiscal Years 2022, 2023 and 2024.
Section 2. The Chairperson is hereby authorized to sign the Urban County Cooperation
Agreement and this Resolution and the Clerk of 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 f Q. day of (A,0 , 2021 after motion,
second and majority vote favoring same.
INSTR 6098017 OR 5983 PG 3949
1 RECORDED 7/20/2021 9:07 AM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$18.50
ATTEST:. BOARD OF COUNTY COMMISSIONERS
CRYSTAL-K. KINZEL, CLERK COLLIE C NTY, FLORIDA
b By:
�y� .: 3' CLERK PENNY YLOR, C AIRPERSON
AlY1+'`fti 3'VIYI�•
Approved, s to form and legality:
Jen er A. elpedi psN°1.
Assistant County Attorney 9' 1\
2
URBAN COUNTY COOPERATION AGREEMENT
BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES (
w z
c� Q
THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier c Q p
County, a political subdivision of the State of Florida through its Board of County o o
Commissioners of Collier County, Florida(hereinafter referred to as the"County"); and °' 5 o
the City of Naples, Florida (hereinafter referred to as the"City"). LO o L
oo °co N
ZLLI
WITNESSETH:
09aI- Oo
rn W U- °
WHEREAS, the Housing and Community Development Act of 1974, as ° Cr
amended, makes provision whereby counties may enter into cooperation agreements o
with certain units of government to carry out activities which will be funded from annual z w _J orx
Federal Housing and Urban Development (HUD) Community Development Block
Grant (CDBG), the HOME Investment Partnerships Program (HOME) and/or the
Emergency Solutions Grants (ESG) 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—2022-2024.
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 2022 through 2024 in the HUD CDBG, HOME, and/or ESG programs.
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, HOME
and/or ESG)funds and program 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 104 (b)of Title I
of the Housing and Community Development Act of 1974, as amended. The
grant will be conducted and administered in conformity with Title VI of the Civil
Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the
Fair Housing Act, Section 109 of Title I of the Housing and Community
Development Act of 1974, and the implementing regulations at 24 CFR part 6,
which incorporates Section 504 of the Rehabilitation Act of 1973, and the
implementing regulations at 24 CFR part 8, Title II of the Americans with
Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age
Discrimination Act of 1975, and the implementing regulation at 24 CFR part
146, and Section 3 of the Housing and Urban Development Act of 1968, and
other applicable laws.
7. This Agreement prohibits the City's 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.
2
12.By executing this cooperation agreement, the City expressly understands and
agrees that:
a. it may not apply for grants from appropriations under the State
CDBG Program for fiscal years during the period in which it is
participating in the Urban County's CDBG program; and
b. it may receive a formula allocation under the HOME Program only
through the County. Thus, even if the County does not receive a
HOME formula allocation, the City cannot form a HOME consortium
with other local governments.
c. it may receive a formula allocation under the ESG Program only
through the County.
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, the City 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.
15. City may not sell, trade or otherwise transfer all or any portion of such funds to
another such metropolitan 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 Act.
Signature Page to Follow
3
IN WITNESS WHEREOF, the County and the City have executed this Agreement
effective as of the latter date written below.
ATTEST: BOARD • C��� TY COMMISS ONERS OF
CRYSTAL. K.KINZEL LERK k COLLIER .41117TY, FLORIDA
B
Attesta$tt Chairf y Clerk PENNY TAYL , CHAIRP SON
£`t)i`R' 'aerflty.
Date: , / /T I
CITY OF NAPLES, FL
Dated: qi f ��( EAL)
Ef)f5:::7 -7,:=L------ '
Teresa Heitmann, Mayor
Date: (=?1 Z/2i- - -
Appro as to form an• -.ality: \ Approved as to form and legality
CLA IIP 1____ Q i'iocel G 75
Jennifer A. Belpedio ilk il'vNancy Stuparich I (aq i.F $TZvoI WA
Assistant County Attorney City Attorney
Date: c 3 \Z \ Date: '-/Z/ / Z
Attest: , '� ;*;**
Patricia-ti. RamboskFCityperk
Date: ;,,� lP f-'I o- e
4
LEGAL CERTIFICATION
BY
COLLIER COUNTY 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
house, (c) low rent housing activities, (d)disposition of land to private developers for
appropriate redevelopment, and (e)condemnation of property for low income housing.
G
Jennife elpedio, Assist unty Attorney
Collier County
\\3 \a\
Date
5
LEGAL CERTIFICATION
BY
CITY OF NAPLES 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 house, (c) low rent housing activities, (d) disposition of land to private
developers for appropriate redevelopment, and (e) condemnation of property for low
income housing.
Nancy Stuparich, City Attorneys" f 24vF $jLu.7 $ ..5Q..
City of Naples
S T//Zt
Date
6