Agenda 12/16/2008 Item #16D39
Agenda Item No. 16039
December 16, 2008
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve the budget
amendment and authorize the Chairman to sign a grant agreement with the
United States Department of Housing and Urban Development for Economic
Development Initiative (EDI) funds in the amount of $147,000 for improvements to
South Park in Immokalee.
OBJECTIVE: For the Board of County Commissioners to approve and authorize the
Chairman to sign a grant agreement with the United States Department of Housing and
Urban Development, Economic Development Initiative (EDI) earmark as specified in the
Consolidated Appropriations Action. 2008 (PL 110-161) to replace current South Park
community center buildings which are aged and in poor condition.
CONSIDERATIONS: On June 24.2008, the Board of County Commissioners approved
this grant application (Item-16D1) with the United States Department of Housing and
Urban Development for Economic Development Initiative (EDI) funds in the amount
$147.000 for improvements to South Park in Immokalee.
-
In the fall of 2007, Parks and Recreation Department Staff met with representatives of
The Ferguson Group to discuss and present a project questionnaire for the provision of
public services to the citizens of Immokalee. A total of 33 county projects were
originally submitted for consideration to The Ferguson Group representatives who
professionally evaluated the funding potential of each project and based on
opportunities available, with the Immokalee South Park Community Building project
being one of nine (9) projects recommended for Collier County's Fiscal Year 2008
Federal Legislative Agenda. The Board of County Commissioners approved this project
as one of their legislative priorities on February 13, 2007.
This appropriation was approved as part of the Consolidated Appropriations Act. 2008
(PL 110-161), signed into law on December 26. 2007. Upon notification of the approval
of the federal earmark for the community center building. staff received application
forms to formally apply for the grant. After the review and processing of the application.
the EDI office sent this award package and agreement that requires subsequent review
and approval by the Board of County Commissioners.
Funding will support the design, permitting and construction of a new community center
building on county-owned property. 60-70 children per day are currently being served
in tutoring. recreational activities. athletics and other programs.
The EDI-SP grant funds must be obligated. or under contract. within the first three fiscal
years of the appropriation and must be expended within five years of the deadline for
obligation. The effective start date for the EDI-SP grant is the date that HUD signs the
Grant Agreement and the HUD 1044 Assistance Award / Amendment Form.
-
Agenda item r~o. 16D39
December 16, 2008
Page 2 of 10
FISCAL IMPACT: The $147.000 grant funds will be used and broken down as follows
per the Basic Services Fee Schedule presented by Victor J. Latavish. Architect, PA
Professional Services: Architectural Engineering and Development Construction
Management $29.400 and building Construction $117,600. No matching funds are
required.
GROWTH MANAGEMENT IMPACT: This facility is inventoried in the Growth
Management Plan and is stated under Policy 3.1.2.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure
is not required. This item requires majority vote only. This item is legally sufficient for
Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners approve the budget
amendment and authorize the Chairman to sign the grant agreement with the United
States Department of Housing and Urban Development. Economic Development
Initiative earmark as specified in the Consolidated Appropriations Action. 2008 (P.L.
110-161).
Prepared by: Sidney Kittila. Operations Coordinator. Parks and Recreation
Page I of I
Agenda Item No. 16039
December 16, 2008
Page 3 of 10
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Number:
16039
Item Summary:
Recommendation for the Board of County Commissioners to approve the budget amendment
and authorize the Chairman to sign a grant agreement with the United States Department of
Housing and Urban Development for Economic Development Initiative (EDt) funds in the
amount of $147.000 for Improvements to South Park in Immokalee.
12/16/20089.0000 AM
Meeting Date:
Approved By
Colleen Greene
County Attorney
Assistant County Attorner
County Attorney Office
Date
12/2120084:46 PM
Approved By
Barry Williams
Public Services
Director
Date
Parks and Recreation
1213120088:41 AM
Approved By
Marlene J. Foard
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
12/31200811:24AM
Appro\'ed By
Peter Kraley
Public Services
Veteran Services Director
Date
Veteran Services
1214120082:18 PM
Approved By
OMB Coordinator
Applications Analyst
Information Technology
Date
Administrative Services
12/4120084:28 PM
Approved By
Susan Usher
Senior ManagementfBudget Analyst
Office of Management & Budget
Date
County Manager's Office
1218/20089:10 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12191200811:41 AM
file://C:\A!lendaTest\Exnort\ 11 8-Deeemher%2016.%202008\ 16.o;(,20CONSENT%20AGE..
12/10/2008
Agenda item NO.1 6D39
December 16, 2008
Page 4 of 10
Assistance Award/Amendment
U.S, Department of Housing
and Urban Development
Office of Administration
1. Assistance Instrument
Cooperative Agreement
.-...----......- -.-.--..
3. Instrument Number
B-OlI-SP-Fl-Q15a
..- -.------
7. Name and Address of Recipient
County of Collier
3301 Tamiami Trail East
Naples. FL 34112
EIN: 59-6000558
'Xi Grant
4. Amendment Number
- __p_o',
'2. Type of Action
I ~. . . .
: X, Award
: 5. Effective Date of this ActiOn
Amendment
6. Control Number
_____u__
i S. HUD Administering Office
CPO. EDI Special Project Division
451 7th Street SW. Rm 7146
Washington. DC 20410-7000
88. Name of ActnintstJator
0- Tab_ Telephone Num'ber
10. Recipient Project Manager
Tom HennIng
, i
i 9. HUD Government Technlca! Repres'entetive
_._______ _ 1.- ...~~rb~ Manette . 202~70B_3773, EJdension: 4885
I 12. Payment Method i 13. HUe Payment Office
I : Treasury Check Reimbursement r Chief Financial Officier
,
~ Advance Check !
, 11_ ~istance Arrangement
. Cost Reimbur5~ent
~ Cost Sharing
.._I
_X! Fi~ Price
14. Assistance Amount
X: Automated Cktaringhou.se
fi5. HUO;';;;;;unbng an<l !\prtJpMOtloni5ata
15a. Appropriation Number !
15b. Reservatidn Number
EID08
--.-- ---- ----.- II
PrevioU!;; HUD Amount
HUD Am ount this Action $147.000.00 Ij
Total HUD Amount $147.000.00 II
Recipient Amount Ii
Total Instrument Amount $147,000,00 Ii
----. ..
u ~.-_._._.- ,- -'-'--'- ,. -
Amount Previously Obligated
Obligation by this, Action $147.000,00
T otai ObHgatlon $147.000,00
. .. . --- un
1
16_ Description
Coflier County, FL for constructfon of a Community Center in South Immokalee
This Award consists of the IOlIowing items which are appended to end hereby made part of this Award:
(A} Cover Page - HUD 1044
(8) Grant Agreement
SDeCial Conditions:
Please contact Ubaldo Cazzoli - HUn Area Environmental Officer at 3(}S-S36-4652,
Ubaldo_A._Cazzoli@hud.govconcerningenvironmental review. NO FUNDS may be committed hl the
project or drawn down prior to environmental release of funds approval.
17. :x, Reclplef1t is required to sign and return three (J} copies of
this document to the Hun Administering Office.
19, Recipient (By Name):
h_.loir~Tum Henning
Signature & Title:
. 18.
Recipient Is not reqUited 10 sign this doc"ment.
Date:
20. HUD (By Name):
Otto V. Banks
. SIgnature and Title::
i DAS fur Eco_nomic Development
Date:
Chairman
Prevmus Editions are Obsolete
form HUD-1044 (8190)
Ref. Handbook 2210.17
proved as to form & legal sufficiency
ATTEST~
DWIGHT E. BROCK, Clerk
~)
Colleen Greene.
A(:!,eiori.l"\t ~""l.nt.., Att,..,f"r'\O"
By:
Agenda Item No. 16039
December 16. 2008
Page 5 of 10
FY 2008 EDI-SPECIAL PROJECT NO. B-08-SP-FL-0168
GRANT AGREEMENT
This Grant Agreement between the Department of Housing and Urban
Development (HUD) and County of Collier (the Grantee) is made pursuant to the
authority of Public Law 110-161 (Consolidated Appropriations Act, 2008) and a listing
of certain specific Economic Development Initiative Special Projects specified in the
Congressional Record of December 17, 2007. The amount shown below is 98.00% of
the amount specified in the Congressional Record of December 17, 2007, because of a
2.00% reduction mandated by the Act. The Grantee's application, as may be amended
by the provisions of this Grant Agreement, is hereby incorporated into this Agreement.
In reliance upon and in consideration of the mutual representations and obligations
hereunder, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in
the amount of$147,000 available to the Grantee.
The Grantee agrees to abide by the following:
ARTICLE I. HUD Requirements.
The Grantee agrees to comply with the following requirements for which HUD
has enforcement responsibility.
A. The grant funds will only be used for activities described in the application, which is
incorporated by reference and made part of this Agreement as may be modified by
Article VII (A) of this Grant Agreement.
B. EQUAL OPPORTUNITY REQUIREMENTS
The grant funds must be made available in accordance with the following:
L For projects involving housing, the requirements of the Fair Housing Act (42
U.S.C. 3601-20) and implementing regulations at 24 CPR Part 100; Executive
Order I 1063 (Equal Opportunity in Housing) and implementing regulations at 24
CFR Part 107.
2. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.s.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing
regulations issued at 24 CFR Part 1.
3. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at
24 CFR Part 146, and the prohibitions against discrimination against handicapped
individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations at 24 CPR Part 8.
Agenda item No. 16D39
December 16. 2008
Page 6 of 10
4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the
requirements of Executive Order 11246 (Equal Employment Opportunity) and the
implementing regulations issued at 41 CFR Chapter 60.
5. For those grants funding construction covered by 24 CFR 135, the requirements
of section 3 of the Housing and Urban Development Act of ]968, (12 D.S.C.
] 701 u) which requires that economic opportunities generated by certain HUD
financial assistance shall, to the greatest extent feasible, be given to Jow- and very
low-income persons and to businesses that provide economic opportunities for
these persons.
6. The requirements of Executive Orders 11625 and ]2432 (concerning Minority
Business Enterprise), and 12138 concerning Women's Business Enterprise).
Consistent with HUD's responsibilities under these Orders, the Grantee must
make efforts to encourage the use of minority and women's business enterprises
in connection with grant funded activities. See 24 CFR Part 85.36(c), which
describes actions to be taken by the Grantee to assure that minority business
enterprises and women business enterprises are used when possible in the
procurement of property and services.
7. Where applicable, Grantee shall maintain records of its efforts to comply with the
requirements cited in Paragraphs 5 and 6 above.
C. ENVIRONMENTAL REVIEW REQUIREMENTS.
1. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an
Alaskan Native Village, the Grantee agrees to assume all of the responsibilities
for environmental review and decision- making and actions, as specified and
required in regulations issued by the Seeretary pursuant to the Multifamily
Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part
58.
2. If the Grantee is a housing authority, redevelopment agency, academic institution,
hospital, or other non-profit organization, the Grantee shall request the unit of
genera] local government, Indian Tribe, or Alaskan Native Village, within which
the project is located and which exercises land use responsibility, to assume all of
the responsibilities for environmental review and decision-making as specified in
paragraph C.I above, and the Grantee shall carry out all of the responsibilities of a
recipient under 24 CFR Part 58.
Agenda Item No. 16039
December 16. 2008
Page 7 of 10
D. Administrative requirements of OMB Circular A- 133 "Audits of States, Local
governments and Non-Profit Organizations."
E. For State and Local Governments, the Administrative requirements of 24 CFR Part
85, including the procurement requirements of 24 CFR Part 85.36, and the
requirements of OMB Circular A-87 regarding Cost Principles for State and Local
Governments. For Non-Profits, the Administrative requirements of 24 CFR Part 84,
including the procurement requirements of 24 CFR Part 84.40, and OMB Circular A-
122 regarding Cost Principles for Non-Profit Institutions. For Institutions of Higher
Education the applicable OMB Circular regarding Cost Principles is A-2 I.
F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that
the Grantee obtain certifications and disclosures from all covered persons.
G. The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Workplace.
H. The Unifonn Relocation Act as implemented by regulations at 49 CFR Part 24.
1. The Grantee will comply with all accessibility requirements under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR
Part 8, where applicable.
J. The regulations at 24 CFR Part 35, where applicable, regarding Lead-Based Paint
Poisoning Prevention in Certain Residential Structures.
K. The regulations at 24 CFR Part 5.109, where applicable, regarding Equal
Participation of Religious Organizations in HUD Programs and Activities.
ARTICLE II. Conditions Precedent to Draw Down.
The Grantec may not draw down grant funds until the following actions have taken place:
A. The Grantce has received and approved any certifications and disclosures required by
24 CFR 87.100 concerning lobbying.
B. Any other conditions listed in Article VII (C) of this Grant Agreement.
ARTICLE III. Draw DoWns.
A. A request by the Grantee to draw down grant funds under the Voice Response Access
system or any other payment system constitutes a reprcsentation by the Grantee that it
and all participating parties are complying with the tenns of this Grant Agreement.
i\genda Item No. 16039 ml
December 16, 2008
Page 8 of 10
B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the
time elapsing between transfer of the grant funds and disbursement for project
purposes and otherwise follows the requirements of 24 CFR Part 85 or Part 84 and
Treasury Circular 1075 (31 CFR Part 205).
C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which
are exempt from environmental review under 24 CFR Part 58 and may charge the
costs to the grant.
ARTICLE IV. Progress Reports.
A. The Grantee shall submit to the Grant Officer a progress report every six months after
the effective date of the Grant Agreement. Progress reports shall consist of (I) a
narrative of work accomplished during the reporting periOd and (2) a completed
Financial Status Report - Form 269 A.
HUD may require additional information or increased frequency of reporting as
described in Article VII ( C ).
B. The performance reports must contain the information required under 24 CPR Part
85.4O(b) (2) or 24 CFR Part 84.5 I (a), as applicable including a comparison of actual
accomplishment to the objectives indicated in the approved application, the reasons
for slippage if established objectives wcre not met, and additional pertinent
information including explanation of significant cost overruns.
C. No grant drawdowns will be approved for projects with overdue progress reports.
ARTICLE V. Project Close-out.
A. The grantee shall submit to the Grant Officer a written request to close-out the grant
30 days after the grantee has drawn down all funds and completed the activities
described in the application, as may be amended. The final report shall consist of (1)
a narrative of all work accomplished during the project period and (2) a completed
Financial Status Report - Form 269 A covering the entire project pcriod.
HUD will then send the Closc-out Agreement and Close-out Certification to the
Grantee. At HUD's option, the Grantee may delay initiation of project close-out until
the re,olution of any HUD monitoring findings. IfHUD cxcrciscs this option the
Grantee must promptly resolve the findings.
B. The Grantee recognizes that the close-out process may entail a rcview by HUD to
dctermine compliance with the Grant Agreement by thc Grantee and all participating
parties. The Grantee agrees to cooperate with any review in any way possible,
including making available records requested by HUn and the project for on-site
HeD inspection.
I
I, ~.
December 16. 2008
Page 9 of 10
C. The Grantee shall provide to HUD the following documentation:
I. A Certification of Project Completion.
2. A Grant Close-out Agreement.
3. A final financial report giving the amount and types of project costs charged
to the grant (that meet the allowability and allocability requirements of OMB
Circular A-122, A-87 or A-2l as applicable, including the "necessary and
reasonable" standard); a certification of the costs; and the amounts and
sources of other project funds.
4. A final performance report providing a comparison of actual accomplishments
with each of the project commitments and objectives in the approved
application, the reasons for slippage if established objectives were not met and
additional pertinent information including explanation of significant cost
overruns.
D. The Grantee agrees that the grant funds are allowable only to the extent that the
project costs, meeting the standard of OMB Circular A-122, A-87 or A-21 as
applicable, equal the grant amount plus other sources of project funds provided.
E. When HUD has determined that the grant funds are allowablc, the activities were
completed as described by the Grant Agreement, and all Federal requirements were
satisfied, HUD and the Grantee will sign the Close-out Agreement and Close-out
Certificate.
F. The Close-out Agreement will include the Grantee's Agreement to abide by any
continning federal requirements.
ARTICLE VI. Default.
A default under this Grant Agreement shall consist of using grant funds for a
purpose other than as authorized by this Agreemcnt, any noncompliance with legislative,
regulatory, or other requirements applicable to the Agreement, any other material breach
of this Agreement, or any material misrepresentation in the application submissions.
ARTICLE VII. Additional Provisions.
A. Project Description. The project is as described in the application with the following
changes:
B. Changes or Clarification to the Application Related to Participating Parties:
The Administrative Agent if any:
C. Special Conditions:
The Consolidated Appropriations Act. 2008 provides that no funds made
available under the Act may be used to support any Federal, State or local
projects that seek to use the power of eminent domain, unless eminent domain
is employed only for a public use. For purposes of this provision, public use
shall not be construed to include economic development that primarily
benefits private entitites.
'l"I""''1
December 16, 2008
Page 10 of 10
U.S. Department of Housing
and Urban Development
County of Collier
Mr. Tom Henning
Authorized Signature
Authorized Signature
Otto V. Banks
...-...-... .-
Deputy Assistant Secretary
for Economic Development
Title
Date
Date
@~:~:-~~
Assist!ll1l County Attomey
ATTES1:
DWIGHT E. BROCK, Clerk
By:
I