Backup Documents 04/28/2009 Item #10B
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS o.FFIC~= FOR SIGNATURE
Print on pink paper. Attaeh to original document. Original documcnts should be hand delivercd to thc Board Office. The completed routing slip and original
documents are to be tOlwarded to the Board Ortiec only aftt'r the Hoard has taken action on the item.)
108
ROUTING SLIP
eomplete routing lines #1 through #4 as appropriate Ic)r addItional sIgnatures, dates, and/or information needed. If the doeument is already eomplete with the
exception of the Chaimllll1's signature, draw a line through routing lincs #1 through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order) L----
1. ------ I..----
2. ..--
.---
-----
3. -- ---
.-
--. .
4. Colleen M. Greene, Assistant County County Attorney 05/04/09
Attorney em€>
5. Sue Filson OMB
6. Minutes and Records Clerk of Court's Office
7. Shawn Tan Housing & Human Services
(The primary contact is the holder of the original document pcnding Bee approval. Normally the primary contact is the person who creatcd/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, ineluding Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chaim1an's signature are to be delivered to thc Bee omce only after the BeC has acted to approve the
item.)
Name of Primary Staff naDIr Ralti~&y Sh" j '.,,\ -rz'l...i/\
Contact ""'-'v-o . 1
Agenda Date Item was April 28, 2009
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Certifications (CDBG, HOME, ESG) and
Resolution (~
Number of Original
Documents Attached
252-2376
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3 of each
Yes
(Initial)
CMG
N/ A (Not
A licable)
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applieable column, whichever is appropriate.
I.
Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by thc Office ofthe
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pagcs 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.
All handwritten strike-through and revisions have becn initialed by the County Attorney's Office and
all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature I ine date has been entcred as the date of BCC approval of the document or
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pagcs indicating whcre the Chairman's signature and
initials are re uired.
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. Some documents are
time sensitive and requirc forwarding to Tallahassee within a certain timc frame or the BCe's actions
are nullified. Be aware of our dcadlines'
The document was approved by the BCC on 04/28/09 and all changes made during the meeting
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a Iicable.
N/A
CMG
CMG
N/A
CMG
2.
3.
4.
5.
6.
I: Forms/ eounty Forms/ BeC Forms/ Original Doeuments Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
<<mailer _ numbem/<<document_ number>>
MEMORANDUM
Date:
May 5, 2009
To:
Shawn Tan, Grant Coordinator
Housing and Human Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-116 and CDBG, Home, ESG
Certifications
Attached, please find two (2) originals of the above referenced item
(Agenda Item #10B) approved by the Board of County Commissioners
on Tuesday, April 28, 2009.
The Minutes and Records Department has kept one (1) of the original
documents for the Board's permanent record.
If you should have any questions, please contact me 252-841l.
Thank you.
Attachments (2)
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RESOLUTION NO. 2009 _ 116
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2009-10 ONE-
YEAR ACTION PLAN FOR $3,089,415 FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME),
AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) AND
EMERGENCY SHEL TER GRANT (ESG) PROGRAMS, AUTHORIZING
REQUIRED HUD CERTIFICATIONS, APPROVING EXECUTION OF
SUBRECIPIENT AGREEMENTS BY THE CHAIRMAN OF THE BOARD,
AUTHORIZING TRANSMITTAL TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development (HUD)
requires a Five- Year Consolidated Plan and One- Year Action Plan be developed and submitted
as an application for planning and funding of Community Development Block Grant (CDBG),
HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI)
and Emergency Shelter Grant (ESG) Programs; and
WHEREAS, the overall goal of the community planning and development programs
covered by this plan is to develop viable communities by providing decent, affordable housing, a
suitable living environment and expanding economic opportunities for low and moderate-income
persons; and
WHEREAS, the Five-Year Consolidated Plan for FY 2006-2010 was adopted by the
Board of County Commissioners on April 25, 2006, following the Collier County Citizen
Participation Plan, adopted January 9,2001; and
WHEREAS, the FY 2009-20 I 0 One-Year Action Plan will serve as a planning
document for Collier County; an application for federal funds under the HUD formula grant
programs; a strategy to be followed in carrying out the HUD programs; and an action plan that
provides a basis for assessing performances.
Page I of3
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NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners of Collier County approves the FY2009-
2010 One-Year Action Plan for the CDBG, HOME, ADDI and ESG Programs, which is attached
and incorporated herein by reference, and authorizes the Housing and Human Services
Department to transmit the Plan to the proper funding authority and take all necessary actions for
implementation of the CDBG, HOME, ADDI and ESG programs.
2. The Chairman of the Board of County Commissioners is authorized to execute
certifications pertaining to the Consolidated Plan and Action Plan on behalf of the County.
3. The One-Year Action Plan sets forth the dollar amounts estimated for each
activity to be funded by the CDBG, HOME, ADD I and ESG Programs. A copy of the proposed
projects, funding and beneficiaries is included in the Executive Summary and incorporated by
reference. Accordingly, the Subrecipient Agreement for all CDBG, HOME and ESG projects
will be subsequently entered into on behalf of Collier County and each such Agreement is hereby
acknowledged as providing for a valid public and worthwhile County purpose. Based on these
findings, the Chairman of the Board of County Commissioners is authorized to execute the
CDBG, HOME, and ESG Subrecipient Agreements to implement each such Activity, so long as:
I) each such Subrecipient Agreement conforms to the format of the attached standard contract in
the Appendix, adopted and incorporated by reference, and 2) the dollar amount of each Activity
and corresponding Subrecipient Agreement is consistent with targeted areas outlined in the One-
Year Action Plan, referenced above. Should it be necessary to amend any of these Subrecipient
Agreements, such amendment will be in compliance with the requirements set forth in Section
Page 2 on
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XIV.C of the Purchasing Policy of Collier County and Section IV.C.3 of the Procurement
Administration Procedures, Collier County, Florida. The ADDI Agreement will be made
directly with the homeowner and will be presented to the Board for approval as needed.
4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Resolution.
5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a
majority vote of the Board of County Commissioners.
This Resolution adopted this J S'fL day of April 2009, after motion, second and
majority vote favoring same.
ATTEST:
DWIGHT E..BROCK, CLERK
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Colleen Greene, A.ssistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: III ~
l>onna~~ C~
Item #
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Agenda If I C;;?~ I rn
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~ * . * ~ Fourth Program Year
~<>+J~..~,o"",f (FY2009) Action Plan
The CPMP Action Plan includes the SF 424 and Narrative Responses to Action Plan
questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year
in order to be compliant with the Consolidated Planning Regulations.
SF 424
Complete the fillable fields (blue cells) in the table below. The other items are pre-
filled with values from the Grantee Information Worksheet.
Applicant Identifier
B-09-UC-120016 Tv De of Submission
Date Received bv state State Identifier ADDlication Pre-aDDllcation
Date Received bv HUD ederal Identifier D Construction D Construction
I~ Non Construction D Non Construction
IApPlicant Information
Collier County Board of County Commissioners Contact: Marcy Krumbine
Public Services Administration Phone: (239) 252-HOME
3301 Tamiami Trail East Fax: (239) 252-2331
Naoles. FL 34112 MarcyKrum bi ne@collierqov.net
EmDlover Identification Number (EIN):
596000558
iApplicant Type: Specify Other Type if necessary:
Local Government: County
U.S. Department of
Program Funding Housing and Urban DeveloDment
:Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s);
IAreas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding
Community Development Block Grant 14.218 Entitlement Grant
CDBG Project Titles Acquisition and Rehabilitation of Description of Areas Affected by CDBG
Foreclosed Homes, Land Acquisition, Park, Project(s) Countywide/Collier County, FL
Sidewalks, Public Facility, and Public Services to
benefit low income indiyiduals and families.
$CDBG Grant Amount $2,324,214 I~Additional HUD Grant(s) IDescribe
Leveraaed $0
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$
$Locally Leveraged Funds $8,748,916 $Grantee Funds Leveraged
$
$Anticipated Program Income 0 Other (Describe)
otal Funds Leveraged for CDBG-based Project(s) $ 8,748,916
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Home Investment Partnerships Program 14,239 HOME
HOME Project Titles Rehabilitation of Foreclosed Description of Areas Affected by HOME
Homes. housina rehabilitation. and CHDO set aside Proiect(s) Coun vwide/Collier County FL
$HOME Grant Amount $664,383 +~~dditional HUD Grant(s) Describe
$5621 for ADDI everaaed
$Additional Federal Funds Leveraged $Addltional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income 0 lather (Describe)
Irotal Funds Leveraged for HOME-based Project(s) $0
Housing Opportunities for People with 14.241 HOPWA
AIDS
HOPWA Project Titles N/A Description of Areas Affected by HOPWA
Proiect(s) N/A
$HOPWA Grant Amount $0 ~:dditional HUD Grant(s) Descri be
Leveraaed
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
~otal Funds Leveraged for HOPWA-based Project(s)
Emergency Shelter Grants Program 14.231 ESG
ESG Project Titles Shelter Operations for the Shelter Description of Areas Affected by ESG
or Abused Women and Children Proiect(s) Countywide /Collier County. FL
$ESG Grant Amount ~Additional HUD Grant(s) Leveraged IDescribe
95.197 $Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged $95,197
$Anticipated Program Income 0 Other (Describe)
Total Funds Leveraged for ESG-based Project(s) $95,197
Conaressional Districts of: Is application subject to review by state
14 126 Executive Order 12372 Process?
Is the applicant delinquent on any federal DYes This application was made available to
debt? If "Yes" please include an additional the state EO 12372 process for review
document explaining the situation. on DATE
X No Proaram is not covered bv EO 12372
DYes 1181 No o N/A Program has not been selected by the
state for review
Person to be contacted regarding this application
Marcy Krumbine
(239) 252-HOME
Ma rcyKru m bi ne@colliergov.net
ignature of Authorized Representative
oard of County C missioners
allier County, 1:1 a
Approved as to form & legal sufficiency
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Colleen Greene.
Aasi.tant County Attorney
Date Signed
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CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the
consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further
fair housing, which means it will conduct an analysis of impediments to fair
housing choice within the jurisdiction, take appropriate actions to overcome the
effects of any impediments identified through that analysis, and maintain records
reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan -- It will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, and implementing regulations at 49
CFR 24; and it has in effect and is following a residential antidisplacement and
relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity
assisted with funding under the CDBG or HOME programs.
Drug
by:
1.
Free Workplace -- It will or will continue to provide a drug-free workplace
Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
2.
Establishing an ongoing drug-free awareness program to inform employees
about
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a
condition of employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation
of a criminal drug statute occurring in the workplace no later than five
calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving
notice under subparagraph 4 (b) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected
grant;
10'8
6. Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph 4 (b), with respect to any employee who is so
convicted:
(a) Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate
agency;
7. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying
To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any aqenc:y, a Member of Conqress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement;
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a t1ember of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
3. It will require that the languaqe of paragraph 1 and 2 of this anti-
lobbying certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State and
local law (as applicable) and the jurisdiction possesses the leqal authority to
carry out the programs for which I t is seeking funding, in accordance with
applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME,
ESG, and HOPWA funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development
~~~n~fLimJ~ regUla~;~:~~4 CFR Port 135.
APefb~eff~tofO'rH,-&~egalrs8fflBier.(cY3oard of County Commissioners
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Colleen Greene,
Assistant County Attorney
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Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed
citizen participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development
plan identifies community development and housing needs and specifies both short-
term and long-term community development objectives that provide decent housing,
expand economic opportunities primarily for persons of low and moderate income.
(See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive
Housing Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be
assisted with CDBG funds, it certifies that it has developed its Action
Plan so as to give maximum feasible priority to activities which benefit
low and moderate income families or aid in the prevention or elimination of
slums or blight. The Action Plan may also include activities which the
grantee certifies are designed to meet other community development needs
having a particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community, and other
financial resources are not available);
2. Overall Benefit. The aggregate use of CDBG funds including section 108
guaranteed loans during program year(s), (a period specified by the grantee
consisting of one, two, or three specific consecutive program years), shall
principally benefit persons of low and moderate income in a manner that
ensures that at least 70 percent of the amount is expended for activities
that benefit such persons during the designated period;
3. Special Assessments. It will not attempt to recover any capital costs of
public improvements assisted with CDBG funds including Section 108 loan
guaranteed funds by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged
or assessment made as a condition of obtaining access to such public
improvements. However, if CDBG funds are used to pay the proportion of a
fee or assessment that relates to che capital costs of public improvements
(assisted in part with CDBG funds) financed from other revenue sources, an
assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG funds, including Section 108, unless CDBG
funds are used to pay the proportion of fee or assessment attributable to
the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other
than CDBG funds. Also, in ~he case of propeLties owned and occupied by
moderate-income (not low-income) families, an assessment or charge may be
made against the property for public improvements financed by a source
other than CDBG funds if the jurisdiction certifies that it lacks CDBG
funds to cover the assessment.
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Excessive Force -- It has adopted and is enforcing:
1. 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
2. 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 non-violent civil rights demonstrations within its
jurisdiction;
Compliance With Anti-discrimination laws -- The grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC
2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations.
Lead-Based Paint Its activities concerning lead-based paint will comply with
the requirements of 24 CFR Part 35, subparts A, B, J, K and R;
Compliance with Laws -- It will comply with applicable laws.
Donna F{f~ d&
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Date
Signature/Authorized Official
Chairman, Collier County Board of County Commissioners
Title
Approved as to form & legal sufficiency
Jjjf&rw ~
Colleen Greene,
Assistant County Attorney
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Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jurisdiction intends to
provide tenant-based rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential
element of the participating jurisdiction's consolidated plan for expanding
the supply, affordability, and availability of decent, safe, sanitary, and
affordable housing.
Eligible Activities and Costs -- it is using and will use HOME funds for eligible
activities and costs, as described in 24 CFR 5 92.205 through 92.209 and that it
is not using and will not use HOME funds for prohibited activities, as described
in 5 92.214.
Appropriate Financial Assistance -- before committing any funds to a project, it
will evaluate the project in accordance with the guidelines that it adopts for
this purpose and will not invest any more HOME funds in combination with other
Federal assistance than is necessary to provide affordable housing.
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Donna Fiala,
Signature/Authorized Official
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Date
Chairman, Collier County Board of County Commissioners
Title
Appruved as to form & legal sufficiency
C~~
Colleen Greene,
Assistant County Attorney
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ESG Certifications
The Emergency Shelter Grantee certifies that:
Major rehabilitation/conversion - It will maintain any building for which
assistance is used under the ESG program as a shelter for homeless individuals
and families for at least 10 years. If the jurisdiction plans to use funds for
rehabilitation (other than major rehabilitation or conversion), the applicant
will maintain any building for which assistance is used under the ESG program as
a shelter for homeless individuals and families for at least 3 years.
Essential Services and Operating Costs - Where assistance involves essential
services or maintenance, operation, insurance, utilities and furnishings, it will
provide services or shelter to homeless individuals and families for the period
during which the ESG assistance is provided, without regard to a particular site
or structure as long as the same general population is served.
Renovation - Any renovation carried out with ESG assistance shall be sufficient
to ensure that the building involved is safe and sanitary.
Supportive Services - It will assist homeless individuals in obtaining
appropriate supportive services, including permanent housing, medical and mental
health treatment, counseling, supervision, and other services essential for
achieving independent living, and other Federal State, local, and private
assistance.
Matching Funds - It ,tJill obtain rrta;:ching amounts requir:ed under: 24 CFR 576.51.
Confidentiality - It w~ll develop and implement pr:ocedures to ensure the
confidentiality of records pertaining to any individual provided family violence
prevention or treatment services under any project assisted under the ESG
program, including protection against the release of the address or location of
any family violence shelter project except with the written authorization of the
person responsible for the operation of that shelter:.
Homeless Persons Involvement - To the maximum extent practicable, it will
involve, through employment, volunteer services, or otherwise, homeless
individuals and families in constructing, renovating, maintaining, operating
facilities, and providing services assisted through this program.
Consolidated Plan - It is following a current HUD-approved Consolidated Plan or
CHAS.
Discharge Policy - It has established a policy for the discharge of persons from
publicly funded institutions or systems of care (such as health care facilities,
foster care or other youth facilities, or correction pr:ograms and institutions)
in order to prevent such discharge from immediately resulting in homelessness for
such persons.
HMIS - It will comply with HUD's standards for participation in a local Homeless
Management Information System and the collection and reporting of client-level
information.
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Chairman, Collier County Board of County Commissioners
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APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the
grantee is providing the certification.
2. The certification is a material representation of fact upon which reliance
is placed when the agency awards the grant. If it is later determined that
the grantee knowingly rendered a false certification, or otherwise violates
the requirements of the Drug-Free Workplace Act, HUD, in addition to any
other remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be
identified on the certification. If known, they may be identified in the
grant application. If the grantee does not identify the workplaces at the
time of application, or upon award, if there is no application, the grantee
must keep the identity of the workplace(s) on file in its office and make
the information available for Federal inspection. Failure to identify all
known workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
4. Workplace identifications must include the actual address of buildings
(or parts of buildings) or other sites where work under the grant takes
place. Categorical descriptions may be used (e.g., all vehicles of a mass
transit authority or State highway department while in operation, State
employees in each local unemployment office, performers in concert
halls or radio stations) .
5. If the workplace identified to the agency changes during the performance
of the grant, the grantee shall inform the agency of the change(s), if it
previously identified the workplaces in question (see paragraph three) .
6. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
lOB
Place
of Performance (Street address, city,
3301 Tamiami Trail East Naples,
3050 North Horseshoe Drive Naples,
county,
Collier
Collier
state, zip
County, FL
County, FL
code)
34112 and
34104
if there are workplaces on file that are not identified here.
Check
The certification with regard to the drug-free workplace is required by 24 CFR
part 24, subpart F.
7. Definitions of terms in the Nonprocurement Suspension and Debarment
common rule and Drug-Free Workplace common rule apply to this
certification. Grantees' attention is called, in particular, to the
following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or
State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of
any controlled substance;
"Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All "direct charge"
employees; (ii) all "indirect charge" employees unless their impact or
involvement is insignificant to the performance of the grant; and (iii)
temporary personnel and consultants who are directly engaged in the
performance of work under the grant and who are on the grantee's payroll.
This definition does not include workers not on the payroll of the grantee
(e.g., volunteers, even if used to meet a matching requirement; consultants
or independent contractors not on the grantee's payroll; or employees of
subrecipients or subcontractors in covered workplaces) .