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Backup Documents 04/12-13/2011 Item #10B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOB r - ~ 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 b~ hand delivered to the Hoard (If!'i\.:c rhe completed muting slip and original documents arc to be forwarded to the Board Of lIce only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate tor additiOIla] signatures, dates, and/or information needed. If the dOl:umcnl is already complete with the excePtion of the Chairman's signature, draw a line throup"h routing-lines # 1 throUl~h #4. complete tlll checklist, and forward to Sue Filson Oine #5\ Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey HHVS ~ 4/12/2011 2, Chairman Fred W, Coyle Board of County Commissioners 3. Ian Mitchell, Executive Manager Board of County Commissioners ;~ 4-lt'\: (I( 4, Minutes and Records Clerk of Court's Oflice 5. 6, PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document p\:nding Bee approv<ll. Nunnally {he pri11l<\ry contact is the person who cn:atedJpreparcd the executive summary. Primary contad information is needed ill the event um: of the addressees above. including Sue Filsoll. nCI.:l! to cuntact statT for additional or missing information. All original documents needing the IK'(' Chairman's signature afC 10 he ddiwred 10 the IKC office only aller the Bee has acted to approve the item,) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Hem was 4/1212011 Agenda Item Number lOB Approved bv the BCC Type of Document Agreement Number of Original 3 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whl,chever is Yes N/A(Not aoorooriate, (Initial) Annlicable) l. Original document has been signcdlinitiaJcd for legal sufficiency. (All documents to be 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, agrcements, etc, that have been fully execuled by all parties except the BCC Chairman and Clerk to the Board and possiblv State Omcials.) 2. All handwritten strike-through and revisions have been initialed by the County Attomey's 7ff-- Office and ali other oarties except the BCC Chairman and the Clerk to the Board 3, The Chairman's signature line date has been entered as the date ofBCC approvai of the 1 if document or the final neQotiated contract date whichever is aonlicable. f'-. 4. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's -::; L signature and initials are required. 5, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 11- Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware ofvour deadlines! 6, The document was approved by the BCC on 04/12/2011 and all changes made during ~ the meeting have been incorporated in the atta(~hed document. The County Attorney's Office has rcviewed the chan~es, if annlicable. I: Forms/ County Forms/ Bee Fnrms/ Original ])\)(;umen1.s Routing Slip WWS Original 9.0304, Revised J .26.05, Revised 224.05 lOB l1i MEMORANDUM Date: April 14, 2011 To: Frank Ramsey, Housing Manager Housing & Human Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: NSP - 3 Funds (Grant #8-11-UN-12-0003) (DUNS #076997790) Enclosed please find two (2) originals of the document, referenced above (Agenda Item #108), which were approved by the Board of County Commissioners on Tuesday, April 12, 2011. The Minutes & Records Department has retained the original agreement to be kept in the Board's Official Records. If you should have any questions, please contact me at 252-7240. Thank you "-,"-~'.~-""--~.'---'~"-' , - -._-_._~_. 100.1 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-II-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 1. 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. L. 111-203 (July 21, 2010)) (Dodd-Frank Act), title XU of Division A of the American Recovery and Reinvcstment Act of 2009 (Public Law 111-5 (February 17,2009)) (Recovery Act) and sections 2301 - 2304 of the Housing and Economic Recovery Act of 2008 (Public Law ] 10-289 (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 Requiremcnts for Neighborhood Stabilization Program Formula Grants (Docket No. FR-5447-N-Ol, October 19, 2010) (NSP3 Notice); the Dodd-Frank Act; the Recovery Act; HERA; the Grantec's application for NSP3; thc 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 cvent of a conflict between a provision of the Grantee's Application and any provision of this Grant Agreement, the latter shall control. -"-'--"--"'~~~~--;""' ....._.. .... _,_~,,~,,_,,"A"~ "...~"'._- lOB 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. L. 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 AI,,'feement, 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 of NSP3, 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 (ISH) 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 ~".. -,."-.-. ~. .-.-..------- 10 B fill 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 ofthe Inspector General, or the Comptroller General of the United States. 11. 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 S 1001, 18 USC S 1343,31 USC S 3729, 31 USC S 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 of this page blank] . .._._,._----~---,._~,--_._--~,. lOB - ..,. I 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 The Grantee Housing and Urban Development [Insert Grantee Name) C oilier County fL,I_JL L,,! ( ~ Signature of Authorized Offi~ Maria. R Ortiz Fred W. Coyle Name of Authorized Official Name of Authorized Official Director / Community Planning & DevlD_ Div Chairman Title of Authorized Official Title of Authorized Official 3-1(-11 Lt. \Z ,70\ \ Date of Signature Date of Signature 59-6000558 Grantee Tax Identification Number App'ov~o a~ rc form ,l{ legRI ~;:;'Uff'C1P.1l,' Attast at to C1lI , -----.__.__~::b.D ~~ .....we 01. ~ '''!;$iita~t CG'J;tv:;~',;;'.-:-;:;.~>~' -::s- Z-1\JrJ I F'cC' ~, LV+4 \\ ~ ._...--.'"-~~ .._~_..""-~.~--"_..,-,-.~,~