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Resolution 2013-179RESOLUTION NO. 2013 -17 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING: A ONE -YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS FY 2013 -2014; AUTHORIZING THE CHAIR TO EXECUTE REQUIRED HUD CERTIFICATIONS; AND AUTHORIZING TRANSMITTAL OF THE PLANS 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), 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 2011 -2016 and an updated Citizen Participation Plan were adopted by the Board of County Commissioners on July 26, 2011; and WHEREAS, the FY 2013 -2014 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. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners of Collier County approves the FY2013- Pagel of 3 2014 One -Year Action Plan for the CDBG, HOME, and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Housing, Human and Veteran Services Department to transmit the Plans to the proper funding authority and take all necessary actions for implementation of the CDBG, HOME, and ESG programs. 2. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Action Plan on behalf of the County. 3. The One -Year Action Plan sets forth the dollar amounts and draft project descriptions for each project estimated for each activity to be funded by the CDBG, HOME, 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. 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 10`h day of September, 2013, after motion, second and majority vote favoring same. SIGNATURE PAGE TO FOLLOW Page 2 of 3 ATTEST: DWIGfQ-Z.? -CLERK L At sic Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Page 3 of 3 BOARD OF COUNTY COMMISSIONERS OF COLL IER COUNTY, FLORIDA 4 By: GEORGIA A. HILLER, ESQ CHAIRWOMAN Approved in absentia per Resolution 2000- 149 on August 13, 2013 By: � Leo . Ochs, Jr., �Q'PZyfiNTp�yO 0 G * p Third Program Year s � 9 G9 "A GA 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. Complete the fiilable fields (blue cells) in the table below. The other Items are pre - flllPri Wifhh va1F.n_ f......,. 4L_ - -- -- - nwc -9 11 nIGLIW I "UFKSneeC. ' pplicant Id.'ntA&, �a Wn ate Received b state < b orlda ? , , r� rx' tcatlon u.s P;re -a lYi tiorl ,:s ate Received b HUD, ederal Identifier - . '• .. Construction'. Constructfor Non Construction -' Non Construction licant`Informat�on �4 ollier Coun Bard of County Commissioners ontact: Kimberley Grant ublic Services Division hone: 239 252 -6287 339 Tamiami Trail East uite 211 ax: 239 252 -2638 Na les FL 4112 ` imberley9rant@collieraov. net Eri to e'Identiflcatio NumiSe�. EIN ;:;- Vii" 596000558 76887780. ;. plicant T Local Government: County " i r SS Pro Irani Flunclilri r . I,. _� � Housiln a - 9: ndr Urban Deyeloerr,t�ln ._I -- -' , ­-0- „VIIIC,LIL assistance numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Deyplopmerit Block Grant -Y 4.218. Entitlement Grant �. :DBG Project Titles Administration, escription of Areas Affected by CDBG ro ect s Coun ode Collfer Coun FL" :DBG Grant Amount $2,092,307 dditional HUD Grant(s) ? escrlbe Levera ed 0, ►dditional Federal Funds Leveraged dditlonal State. Funds Leveraged;.: ocally Leveraged Funds 0 rantee Funds Leveraged;` nticipated Program Income 0 a her (Describe) otal Funds Leveraged for CDBG -based Project(s)- 0 Mn 239 HOME •� F:+�ca a i mewk numrnlsirarioR Tenant Based rtiptfon of AreasAffeded. by HOME ental %Ls'sistance CHDO asslstanoe Pro ads Cou de Collier "Court FLT HOME Grant Amount $474,031- ddittonal: HUD Grants) t - , very edQ Kce�f,be Wit nalz Federal Funds Leveraged 0 dl�tlonaC StatevF�rrids Leveraged 0, tally Leveraged F'Unds $88,360!(M raRtee Funds Leveraged0 'T t ritfcipated Program Income 0 { her (Describe) otal Funds Leveraged for HOME based pr'o Hglr�ir+g a�pounitie$ ft6rr Pope "wit x 14.241 HOPWA IDS �i�1 � -� # =5�r ,.•s�- t ��� OPWA;Projed Titles N/A " Descriptfori. of Areas Affected by` NOPWA OPWA Grant Amount r0 ro act s N r $ dditional HUD Grants) ascribe evera ed Addittonal Federal, Funds Leveraged dditfopal`:State Funds, Leveraged, ,n Locally `Leveraged Funds rantee Funds Leveraged r; 4nticipated Program Income her (Qescripe,' I•otai Funds Leveraged foi- H0 ~'h P Ax— WA based Projects) _ ' Y Y mergence ShiltiF.draff tsrP rogram` = 14.231 ESG - -- - 7 -J - -- •• +��.rw•9111IS.M«CSL1? - mouses women : Descrl ti'ore of Areas Affected b SG � and Children Shelter P.^ � E '? �'' ` � •Ida $ - .,- ro ed s Coun Collier Coun FC ESG Grant Amount$132,640 dditional HUD Grants) Leveraged- I I Describe Additional Federal Funds Leveraged dditionaf State Funds Leveraged0 orally Leveraged Funds$132,640 (Match) rantee Funds Leveraged 0 4npdpated Program Income 0 er (Describe) FY2011 -12 2R Allocation Total Funds Leveraged for ESG =based Projects) ro eet match $49,227 $181,867 ' Congressional Districts. of: 14 ` Is application subject to rev pp j review by state 25 .. Is the applicant delinquent on any federal Executive Order 12372 Process? debt? If "Yes' please include an additional Yes This application was made available to the state W 12372 for `review document explaining the situation. process Orr DATE Yes No X No Pro ram is not covered b EO -12372 ` N /A, Program has not been selected by the state for review C Person to be contacted regarding this application imberley Grant 239) 252 -6287 imberleygrant *colliergov.net ignature of Authorized Representative ate "Signed Ward of County Commissioners _ ollier County, Florida .t3 01 Approv d in absentia'per Resolution 2000 =i49 or4'�4ugust t 3 cc �. Leo .Ochs Jr. ` Coun ana er Approved as to form and legality QL 1 AYsistuit County Attorney EO* 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(4) 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. Anti- Lobbying -- To the best of the jurisdiction's knowledge and belief. 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 agency, a Member of Congress, 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 Member 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 language 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 legal authority to carry out the programs for which it 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 wilh _,. section 'I of the Housing and Urban Development Act of 1968, and implementing regulatio at 24 CFR Part 135. 7 Signs Authorized Date Approved as to form and legality t 1 ,, 11:10 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-tens 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) 2 013 , 2 014 (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 the 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 the case of properties 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. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its U 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 confonnity 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. 3 �3 Signature/Authorized ial Date Leo E. Ochs, Jr., County Manager Title Approved in absentia per Resolution 2000 -149 on August 13, 2013 APProved as to form and legality is �Cbmumn QVII OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG - assisted activities which 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 to meet such needs. N/A Signature/Authorized Official Date Title dJ 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 § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 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; ': C-- e, �' 5, J_ � - 8,3 13 Signature/Authorized cial Date Leo E. Ochs, Jr.,County Manager We Approved in absentia per Resolution 2000 -149 on August 13, 2013 Approved as to form and legality i tstant Couilty Attorney NO ESG Certifications The Emergency Solutions Grants Program Recipient certifies that: Major rehabilitation/conversion — If an emergency shelter's rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation. If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion. In all other cases where ESG funds are used for renovation, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation. Essential Services and Operating Costs — In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the jurisdiction 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, so long the jurisdiction serves the same type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or persons in the same geographic area. Renovation — Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services — The jurisdiction will assist homeless individuals in obtaining permanent housing, appropriate supportive services ( including medical and mental health treatment, victim services, counseling, supervision, and other services essential for achieving independent living), and other Federal State, local, and private assistance available for such individuals. Matching Funds — The jurisdiction will obtain matching amounts required under 24 CFR 576.201. Confidentiality — The jurisdiction has established and is implementing procedures 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, the jurisdiction will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services assisted under the ESG program, and in providing services for occupants of facilities assisted under the program. Consolidated Plan — All activities the jurisdiction undertakes with assistance under ESG are consistent with the jurisdiction's consolidated plan. Discharge Policy — The jurisdiction will establish and implement, to the maximum extent practicable and where appropriate policies and protocols for the discharge of persons from 0 publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons. —' f- e, 5 �'- a4l- - - -) Signature/Authorized O 61 Leo E. Ochs, Jr County Manager Title 0� +3] i3 Date Approved in absentia per Resolution 2000 -149 on August 13, 2013 APProved as to form and Iegality Ck- Asaistant County Attorney, ON HOPWA Certifications The HOPWA grantee certifies that: Activities — Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building — Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non - substantial rehabilitation or repair of a building or structure. N/A Signature/Authorized Official Title Date D APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING: 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 malting or entering into this transaction imposed by section 1352, title 3l, 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. 0