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Agenda 04/12/2011 Item #10B 4/12/2011 Item 10.8, EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign Agreement B-ll-UN- 12-003 with the U.S. Department of Housing and Urban Development to accept entitlement funding for the Neighborhood Stabilizatiou Program 3 in the amount of $3,884,165 and approve associated budget amendments. OBJECTIVE: To approve and authorize the Chairman to sign Agreement B-11-UN-12-003 with the U.S. Deparunent of Housing and Urban Development to accept entitlement funding for the Neighborhood Stabilization Program 3 in the amount of $3,884,165 and approve associated budget amendments. CONSIDERATIONS: The Housing Economic Recovery Act of 2008, as amended, provided emergency assistance for the redevelopment of abandoned and foreclosed homes. The U.S. Department of Housing and Urban Development (HUD) established a fonnula for the distribution of the funds in confonnance with the enabling legislation. Titled the Neighborhood Stabilization Program, Collier County was allocated and accepted $7,306,755 in funding. On July 21, 2010, an additional allocation was appropriated under Section 1497 of the Wall Street Refonn and Consumer Protection Act of 2010 (Dodd-Frank Act). The new allocation established the Neighborhood Stabilization Program 3. The notice of funding was published in the Federal Register Docket No. FR-5447-N-01. On February 22, 2011, agenda item 10E, the Board of County Commissioners approved the Collier County Neighborhood Stabilization Program 3 Action Plan to accept an appropriation in the amonnt of $3,884,165. Of this amount, 25 percent 1$972,000) must be used to provide housing for individuals or families whose incomes do not cxceed 50 percent of the area median income, adjusted for household size. The remaining funds must be used to benefit individuals or families whose incomes do not exceed 120 percent of the area median income, adjusted for housing size. Finally, 10 percent may be used for administration. HUD approved the Collier County Neighborhood Stabilization Program 3 on Mareh 11, 2011. In conformance with legislative requirements, Collier County must spend 50 percent of the allocation by March 11, 2013 and 100 percent of the allocation by March II, 2014. The following budget was developed and approved by the Board of County Commissioners and HUD. COLLIER COUNTY N~P5 ALLOCATION S 3,884,165.00 ACTIVITY USE NA 1I0NAl OBJECTIVE AMUUNT Acquisition and RehabWa:io'l (LMMH) Ellgibl~ U5"'~_ ~Y" Mo::JerateM;:;deI0come Housing U,,1MY) $ 2,100.000.00. Acquisition and Re.naDi]ia:lo" ILH~5) :::Iiglbi-e :.iSr;: 3. ~.ov.'-Incorne HOL'si1g to 1>/('.0.': 25'}': Set k,icl<:: jU-115) $ 7/2.000.00 Land Bank ILMMH) Eligibl-e !_,~<:: C :"'O\!'. Mooer3te Mi:~:fo. Income HO'Js:ng l,--MMr1) $ 150,000.00 Demolition (lMMH ::I'gibi", '.':;Eo:) :"'ow tdo.:ier-at'2 !v1::Jjl'2 Il:c.rne Ho~s;ng i>.J,~MH) $ 50,000.00 ~._._-- . Red-eveloD PrO:Jerties a-~ Ho\.:singLMf-,'1Hl Eligib,'" L',E :"'O\NMJjr:-r-,:3t'2 f.'kd:f- l'lcorre HOCJsing ('.-Miv1'1) $ 223.750.00 Red€velop Prooerties as HOI....5ing (lH25) EIi~ibie I',F':O !-o...,I'I;:ome I-iOf.,~i"ig to V;;'l?t 2S%Set-Asloe 11..'125) $ 200,000.00 Admini:itiatio" N/A N/A $ 32.8,415.QQ - TOTAL $ 3,%4,165.00 Approval of this item will authorize the Chainmm to sign the attached Agreement B-11-UN-12- 003 to accept the Collier County Neighborhood Stabilization Program 3 appropriation in the amount of $3,884, 165 and approve associated budget amendments. Packet Page -885- 4/12/2011 Item 10.8. FISCAL IMPACT: Approval of this item will accept a federal grant appropriation in the amount of $3,884,165. Funding has been provided through the Neighborhood Stabilization Program 3, authorized by the Housing and Economic Recovery Act 2008, as amended, and the Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act). Federal grant funds provided are sufficient to fund all operations of the Neighborhood Stabilization Program 3. No general funds are associated with this project. GROWTH MANAGEMENT IMPACT: The Neighborhood Stabilization Program 3 will further the goals, objectives and policies of the Growth Management Plan's Housing Element. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient. This item requires a majority vote. - JEW STAFF RECOMMENDATION: To approve and authorize the Chairman to sign Agreement B-II-UN-12-003 with the U.S. Department of Housing and Urban Development to accept entitlement funding for the Neighborhood Stabilization Program 3 in the amount of $3,884,165 and approve associated budget amendments. PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services Packet Page -886- 4/12/2011 Item 10.B. COLLIER COUNTY Board of County Commissioners Item Number: 10.B. Item Summary: Recommendation to approve and authorize the Chairman to sign Agreement B-11-UN-12-003 with the U.S. Department of Housing and Urban Development to accept entitlement funding for the Neighborhood Stabilization Program 3 in the amount of $3,884,165 and approve associated budget amendments. Meeting Date: 4/12/2011 Prepared By Name: RamseyFrank Title: Manager, Housing, Human and Veteran Services 3/15/2011 11:41:16AM Submitted by Title: Manager, Housing, Human and Veteran Services Name: RamseyFrank 3/15/201111:41:18AM Approved By Name: AckermanMaria Date: 3/21/2011 7:59:05 AM Name: KrumbineMarcy Title: Director - Housing & Human Serviccs,Housing, Human & Vcteran Services Date: 3/21/20114:14:33 PM Name: AJonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 3/22/201110:05:11 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 3/22/2011 10:15:01 AM Packet Page -887- Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 3/24/2011 3:24:39 PM Name: RamseyMarla Title: Administrator, Public Services Date: 3/30/2011 3:58:05 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 3/31/2011 3:06:03 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/1/2011 5:37:05 PM Name: PryorCheryl Title: Management! Budget Analyst, Senior,Office of Management & Budget Date: 4/4/20 II 6:06:49 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/5/20119:30:13 AM Packet Page -888- 4/12/2011 Item 10.8. (:.~~f) .. ~"""'DE""'\.O~ U.S. Department of Housing and Urban Development 4/12/2011 Item 10.8. Region IV, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 March 11, 2011 Ms. Marcy Krumbine, Director Public Services Division. Housing, Human & Veteran Services Collier County 3339 Tamiami Trail E., Suite 211 Naples, FL 34112-5361 Subject: Funding Approval for NSP 3 Program Grant Number: B-11-UN-12-0003 DUNS Number: 076997790 Dear Ms Krumbine: Enclosed are three copies of the Funding Approval and Grant Agreement (Grant Agreement) for Neighborhood Stabilization Program 3 (NSP 3) grant funds allocated to Collier County. The Department has approved your jurisdiction's substantial action plan amendment for the NSP 3 funds in the amount of $3,884,165 and looks forward to working with you as your jurisdiction begins to implement its N5P 3 program. The N5P 3 program is authorized by Section 1497 ofthe Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). Please note that under the terms of Dodd- Frank, NSP 3 grantees have the same deadlines for expenditure as NSP 2, defined in the Title XII of American Recovery and Reinvestment Act (ARRA): grantees must expend 50% of their grant amount in two years and 100% of their grant amount in three years. The two-year period was triggered by HUD's execution of the Grant Agreement. Please execute the agreements and return them to HUD as quickly as possible to ensure that you have the maximum time available to use the NSP funds. Grant Agreements should be returned to this office at the following address: Maria R. Ortiz, Director Community Planning and Development Division US Department of Housing and Urban Development Region IV, Miami Field Office Brickell Plaza Federal Building 909 S.E. 1st Ave., Suite 500 Miami, FL 33131-3042 Grant Agreements must be signed by an authorized official of the grantee. Upon receipt of the executed Grant Agreement, HUD will immediately forward the fully executed Grant Agreement to the Department's accounting operations center in order to make the funds available on the grantee's line of credit. BUD's mission is to create strong, sustainable, inclusive communities and quality, affordable homes for alL www.hud.gov espanol.hud.gov Packet Page -889- 4/12/2011 Item 10.8. , Please recall that NSP funds will be available through HUD's Disaster Recovery Grant Reporting (DRGR) system, not the Integrated Disbursement and Information System (IDIS). If you have questions regarding DRGR, please contact the DRGR help desk at DRGR Help(cilhud.gov. HUD will notify grantees when NSP funds are available for drawdown through DRGR. Grantees are reminded that the October 19, 2010, Federal Register Notice for NSP 3 requires quarterly reporting by grantees (see 7S FR 64337, Section 0, Reporting). Such reports are due not later than 30 days following the end of each calendar quarter with the first such report due not later than July 31, 2011, for the quarter ending June 30, 2011. Given three-year period in which grantees must expend the NSP 3 funds, it is imperative that grantees regularly update DRGR with program performance information. HUD will closely monitor quarterly report submissions and will aggressively pursue grantees that fail to report in a timely manner. Grantees are also reminded that each quarterly report must be posted on their web sites so that the public may have ready access to the information. In the October 19, 2010 Notice, HUD authorized grantees to use up to 10 percent of their NSP funds for administrative costs incurred in management and implementation ofthe NSP program. While HUD is cognizant of the fiscal pressures facing many state and local governments, please understand that these funds may only be used for administration of NSP and may not be used to finance the broader governmental functions of the grantee. The Department will be monitoring NSP drawdowns to identify instances where grantees draw administrative funds that are excessive in relation to the level of program progress. Grantees are reminded that: . The October 19, 2010, Federal Register Notice requires that NSP grantees maintain on their official website a copy of the final approved substantial action plan amendment. Grantees are also reminded that they are required to post quarterly performance reports to their websites concurrent with their submission to HUD. . NSP-funded activities are subject to applicable provisions of the HUD Environmental Review Procedures (24 CFR Part 58). In this regard a request for release of funds must be approved by HUD prior to the obligation or utilization of funds for NSP activities. The environmental review process for NSP is the same as for the Community Development Block Grant (CDBG) pro&'Tam. . The Grant Agreement requires grantees to submit information on performance measurement as established by the Secretary for activities undertaken with NSP grant funds. Packet Page -890- 4/12/2011 Item 10.8. . As a recipient of HVD funds, federal law requires that grantees ensure their plan benefits all members of their community, without regard to race, color, national origin, sex, religion, familial status, or disability. Grantees should take affirmative steps to ensure that no person is denied the benefit of housing or housing-related services for any of the foregoing reasons. . Providing false, fictitious or misleading information with respect to the administration of NSP funds may result in criminal, civil or administrative prosecution under 18 V.S.c. 1001,18 V.S.C. 1343,31 V.S.C. 3729, 31 V.S.C. 3801, or another applicable statute. The Department is pleased to have this opportunity to work with your jurisdiction through the Neighborhood Stabilization Program and we are available to assist with your implementation of the program. If you have not already been contacted by HVD staff or a Technical Assistance provider, please feel free to take advantage of customized training and capacity building opportunities through the NSP T A Program. More information can be found on the NSP Resource Exchange at www.hud.gov/nsota. Please sign all three copies and return two originals to this office at the address above no later than March 18, 2011. If you have any questions please contact Ms. Elimaris Fernandez, NSP Specialist at 305-520-5020 or em ail to ElimarisJernandez@hud.gov. We look forward to continuing working with you. Cc: Ann D. Chavis, Program Manager, US HUD Enclosu res Packet Page -891- 4/12/2011 Item 10.8. , The National First Look Pro~ram As NSP3 grantees begin implementing their programs, CPO wants to remind grantees of the National First Look Program. HUO and the National Community Stabilization Trust (NCST) have joined together to launch the National First Look Program. This extraordinary public-private partnership allows grantees a "first look" or right of refusal to purchase Federal Housing Administration (FHA) and properties from other public and private financial institutions before they are they are listed for sale in the general market. To quickly access and identifY FHA real estate owned and other properties, NeST created an interactive web-based mapping and acquisition management tool called REO Match. Grantees will be notified immediately when a property in their NSP target area becomes available for sale. These newly convey properties are offered prior to sale to the general public. Grantees can contact NeST for more information at info(cVstabilizationtrust.com For grantees interested in purchasing FHA properties, the first step is to apply for a Name and Address Identifier (NAID) from the FHA Homeownership Center. Once the NAlD is issued, grantees will begin receiving lists of properties for sale in their target area The grantee will have an exclusive period of approximately 12 days to review the property and decide if they wish to purchase it. Once the appraisal is received, grantees have an additional 2 days to submit an offer. These FHA properties are offered at a 10% discount. For more information about purchasing FHA properties through this exclusive sales method, please review the following website: http://hudnsDheID.infolindex.ctin ?do=viewFHAfi rstLook CPO encourages grantees to take advantage of this opportunity to purchase these newly conveyed properties from both FHA and other financial institutions. Packet Page -892- 4/12/2011 Item 10.8. FUNDING APPROVAL AND GRANT AGREEMENT FOR NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) FUNDS AS AUTHORIZED AND APPROPRIATED UNDER THE WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2010, AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 AND THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008 (PUBLIC LAWS 111-203, 111-005 and 110-289) NSP3 GRANTEE: Collier County NSP3 GRANT NUMBER: B-11-UN-12-0003 NSP3 GRANT AMOUNT: $3,884,165.00 NSP3 APPROVAL DATE: March 11,2011 NSP3 EXPENDITURE DEADLINE (2 YEAR): March 11,2013 NSP3 EXPENDITURE DEADLINE (3 YEAR): March 11,2014 GRANTEE DUNS NUMBER: 076997790 I. This Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and Collier County (Grantee) is made pursuant to the authority of section 1497 of the Wall Street Reform and Consumer Protection Act of2010 (Pub. 1. I I 1-203 (July 21, 2010)) (Dodd-Frank Act), title XII of Division A of the American Recovery and Reinvestment Act of 2009 (Public Law] 11-5 (February] 7,2009)) (Recovery Act) and sections 2301 - 2304 of the Housing and Economic Recovery Act of 2008 (Public Law 110-289 (July 30, 2008)) (HERA). The program established pursuant to section 2301- 2304 of HERA is known as the "Neighborhood Stabilization Program" or "NSP." The term "NSP2" refers to the second appropriation of NSP funds provided under the Recovery Act. The additional allocation under the Frank Dodd Act represents the third round of Neighborhood Stabilization Program funding and is referred to as "NSP3." Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants (Docket No. FR-5447-N-01, October 19,20]0) (NSP3 Notice); the Dodd-Frank Act; the Recovery Act; HERA; the Grantee's application for NSP3; the HUD regulations at 24 CFR Part 570 (as modified by the NSP3 Notice as now in effect and as may be amended from time to time) (Regulations); and this Funding Approval, including any special conditions, constitute part of the Grant Agreement. In the event of a conflict between a provision of the Grantee's Application and any provision of this Grant Agreement, the latter shall control. Packet Page -893- 4/12/2011 Item 10.8. 2 2. The Grantee shall comply with reporting requirements established by HUD and OMB (including all revisions to such reporting requirements) and the Federal Funding Accountability and Transparency Act (Pub. 1. 109-282) (including implementing guidance). 3. Subject to the provisions of this Grant Agreement, HUD will make NSP3 Grant Funds in the amount of $3,884,165.00 available to the Grantee upon execution of this Grant Agreement by the parties. Of that amount, $971,041.25 must be used to house individuals or families whose incomes do not exceed 50 percent of area median income, pursuant to Dodd-Frank Act. The Grantee shall have 24 months from the date ofHUD's execution of this Grant Agreement to expend half of the NSP3 Grant amount pursuant to the requirements of this Agreement, the Dodd-Frank Act, the Recovery Act, HERA and the NSP3 Notice, as amended. The Grantee shall have 36 months from the date of HUD's execution of this Grant Agreement to expend the total NSP3 Grant amount pursuant to the requirements of this Agreement, the Dodd-Frank Act, the Recovery Act, HERA and the NSP3 Notice, as amended. The NSP3 Grant Funds may be used to pay eligible costs arising from eligible uses incurred after the NSP3 Approval Date provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-award planning and general administrative costs may not be paid with funding assistance except as permitted in the NSP3 Notice, as amended. Other pre-award costs may not be paid with funding assistance except as permitted by 24 CFR 570.200(h); for purposes ofNSP3, such costs are limited to those incurred on or after the date that the NSP3 Notice was published by HUD. 4. The Grantee agrees to assume all of the responsibilities for environmental review, decisionmaking, and actions, as specified and required in regulations issued by the Secretary pursuant to section 104(g) of Title I of the Housing and Community Development Act, as amended (42 U.S.c. 5304) and published in 24 CFR Part 58. 5. The Grantee agrees that it will demolish or convert units using NSP3 funds only to the extent and scope described in the NSP3 substantial amendment. The Grantee agrees that under no circumstances will NSP3 funds be used to demolish any public housing (as defined in section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a)). 6. The Grantee agrees to comply with the Recovery Act provisions concerning tenant protections applicable to NSP3 acquisitions of foreclosed property. The Grantee must document its efforts to ensure that the initial successor in interest (ISII) in a foreclosed upon dwelling or residential real property (typically, the initial successor in interest in property acquired through foreclosure is the lender or trustee for holders of obligations secured by mortgage liens) has provided bona fide tenants with the notice and other protections outlined in the Recovery Act. The Grantee will not use NSP3 funds to finance the acquisition of property from any initial successor in interest that failed to comply with applicable requirements unless the Grantee assumes the obligations of such initial successor in interest with respect to bona fide tenants. If the Grantee elects to assume such obligations, it may only do so if the tenant is still occupying the property and will provide any tenant displaced as a result of the NSP3 funded acquisition with the Packet Page -894- 4/12/2011 Item 10. B. 3 . assistance outlined in 24 CFR 570.606. If the Grantee knows that the ISH did not comply with the NSP tenant protection requirements and vacated the property contrary to the NSP requirements, NSP3 funds cannot be used to acquire such properties. 7. The Grantee further acknowledges its responsibility for adherence to all applicable terms and conditions of this grant award by sub-recipient entities and contractors, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration. 8. This Grant Agreement may be amended only with the prior written approval ofHUD. In considering proposed amendments to this Grant Agreement, HUD shall also review, among other things, whether the amendment is otherwise consistent with the Dodd-Frank Act, the Recovery Act, HERA, the NSP3 Notice, as amended, and the Regulations. 9. The Grantee may not amend its Grantee Submission other than as described above; however, such amendments will be subject to the requirements of the NSP3 Notice and any revisions HUD may make to the NSP3 Notice (or any successor Notice or regulation). 10. The Grantee must respond in writing to any citizen complaint within 15 working days, if feasible, and send a copy of the response to HUD. The Grantee shall at all times maintain an up-to-date copy of its Grantee Application, including all amendments approved by HUD, on its Internet website. Further, the Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant funds and program income under this Funding Approval and Grant Agreement and any other records required by 24 CFR 570.506 and the NSP3 Notice, as amended, in its files and shall make such information available for audit or inspection by duly authorized representatives of HUD, HUD's Office of the Inspector General, or the Comptroller General of the United States. II. The Grantee is advised that providing false, fictitious or misleading information with respect to NSP3 Grant Funds may result in criminal, civil or administrative prosecution under 18 USC g 1001, 18 USC g 1343, 31 USC g 3729, 31 USC g 3801 or another applicable statute. 12. Close-out of this grant shall be subject to the provisions of 24 CFR 570.509 or such close-out instructions as may hereafter be issued by HUD specifically for NSP3 grants. [Remainder ofthis page blank] Packet Page -895- ., 4/12/2011 Item 10. B. 4 This NSP3 Grant Agreement is binding with respect to HUD in accordance with its terms upon the execution by HUD in the space provided below, subject to execution on behalf of the Grantee. The United States Department of Housing and Urban Development The Grantee [Insert Grantee Name] C oilier County ~ Ignature of Authonzed OffiCial Signature of Authorized Offical Maria. R Ortiz Name of Authorized Official Fred W. Coyle Name of Authorized Official Director I Communi tv Planning & Devlv. Div Title of Authorized Official Chairman Title of Authorized Official 3-1(-(1 Date of Signature Date of Signature 59-6000558 Grantee Tax Identification Number ATTEST: DWIGHT E. BROCK, Clerk Approved as to form & legal Suffl' , <.. clenr." Bv: ~ -hU ~"'-U Assl$tant County Att.~rnl:~;;:---'~'-'-- 'YLI\J!\.J i F'LQ G LV+-\ \\~ Packet Page -896- /......