Agenda 07/26/2011 Item #16D14Agenda Changes
Board of County Commissioners Meeting
July 26, 2011
Continue Item 16136 to the September 13, 2011 BCC Meeting: Request that the Board of County
Commissioners review and approve the County Attorney's recommendation to waive any potential ethics
conflict for a Code Enforcement Board member based on Ch. 112, Florida Statutes. (Original request was
from Commissioner Hiller to have this item moved to the Regular agenda; Staff requested item is continued
due to fact the individual in question isn't able to attend this meeting.)
Continue Item 16F1 to the September 13, 2011 BCC Meeting: Modification to Contract #11 -5704 for the
Pelican Bay Community Crosswalks to Bateman Contracting, LLP. (Staffs request to further address the
vendor's concerns regarding the scheduling of the crosswalk construction.)
Continue Item 16F3 to the September 13, 2011 BCC Meeting: Recommendation to approve and
authorize the Chairman to sign Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist
Development Tax Grant Agreement to change the current funding source from Category C -2 to Tourism
Promotion Fund 184 as a Category B marketing grant. (Staff and Commissioner Hiller's separate requests in
response to grantee's request for continuance to resolve questions raised by the Clerk's Finance Department)
Move Item 16D14 to Item 1OH: Recommendation to
approve the Collier County 5 -Year HUD Consolidated Plan
for FY 2011 -2016; One Year HUD Action Plan FY 2011-
2012 and revised Citizen Participation Plan, and to sign the
supporting resolution and certifications for submission to
the United States Department of Housing and Urban
Development (HUD). (Commissioner Hiller's request)
Move Item 16D1 to Item 101: Recommendation to approve final submission of the Disaster Recovery
Initiative 2008 Disaster Recovery Enhancement Funds (DREF) application to the Florida Department of
Community Affairs for funding in the amount of $3,323,962. (Commissioner Hiller's request)
Move Item 16A19 to Item 10J: Recommendation for the Board of County Commissioners (Board) to
direct the County Manager or designee to create and fund a project via budget amendment within Parks and
Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV)
park and to move forward with public involvement, concept evaluations, cost comparisons and then come
back to the Board with alternatives and a final recommendation to implement the project. (Commissioner
Hiller's request)
Move Item 16C5 to Item IOK: Recommendation to approve the Renewal and Amendment of the
Agreement for Delivery and Reuse of Reclaimed Water between The Club Pelican Bay, Inc. and the Board of
County Commissioners of Collier County, Florida, as the Ex- Officio Governing Board of the Collier County
Water -Sewer District. (Commissioner Hiller's request)
Move Item 16F5 to Item IOL: Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted
Budget. (Staffs request) Companion Item to 10A
Move Item 16B1 to Item 13B1: Recommendation to approve Local Advisory Board members and CRA
staff attendance at Florida Redevelopment Association 2011 Annual Conference including payment of
attendees' registration, lodging, travel and per diem expenses from the Bayshore Gateway Triangle Trust
Fund (187) budget and declare the conference attendance and training received as a valid public purpose.
(Estimated Fiscal Impact approximately $839 per person) (Commissioner Hiller's request)
Move Item 17D to Item 8E: Recommendation to adopt a resolution approving amendments (appropriating
carry forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget. (Staffs
request) This item to be heard subsequent to Items 10A and 10J.
Note:
Items 9G and 12A are companion items. (County Attorney's request)
Item 16D7: Advisory Committee Recommendations as follows: The Tourist Development Council
recommended approval of this item by a vote of 6 -1 on 7/21/2011 subject to verification by the Clerk that
TDC funds can be used to fund this item. The Council also made a finding that this item supports tourism
and serves a valid public purpose. (Staffs request)
Item 161319: Bid Number should read #11 -5692; not #11 -5697 as shown on the agenda and the Executive
Summary. (Staffs request)
Time Certain Items:
Item lOG to be heard at 9:45 a.m.
Item 8C to be heard at 10:15 a.m.
Item 8D to be heard immediately following Item 8C
Item 8B to be heard at 11:00 a.m.
Item IOC to be heard at 1:00 p.m.
Item 8A to be heard at 2:00 p.m.
7/28/2011 11:31 AM
7/26/2011 Item 16.D.14.
EXECUTIVE SUMMARY
Recommendation to approve the Collier County 5 -Year HUD Consolidated Plan for FY 2011-
2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan, and to sign
the supporting resolution and certifications for submission to the United States Department of
Housing and Urban Development (HUD).
OBJECTIVE: Recommendation to approve the Collier County 5 -Year HUD Consolidated Plan for FY
2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan, and to
authorize the Chairman to sign the supporting resolution and certifications for submission to the United
States Department of Housing and Urban Development (HUD).
CONSIDERATIONS: On May 8, 2001 item 8A1 the Board of County Commissioners approved
submission of the County's first 5 -Year Consolidated Plan (FY 2001 through 2006) to the U.S.
Department of Housing and Urban Development (HUD). Upon HUD approval, Collier County became a
14UD Entitlement Community. Entitlement communities develop their own programs and funding
priorities, the County is required to continue to adopt and submit subsequent 5 -Year Consolidated Plans.
The proposed 5 Year Consolidated Plan (FY2011 ?016), as well as the proposed One -Year Action Plan
for FY 2011 -12 are due to HUD by August 15, 2011.
The Department of Housing Hunan and Veterans Services (HHVS) is also proposing a revision of the
existing County's Citizen Participation ,Plan (CPP) a document within the 5 -Year Consolidated Plan. The
proposed CPP would replace the current version which was approved on January 9, 2001 item 16A10.
HHVS retained PMG Associates of Deerfield Beach, FL to assist in the information gathering,
development, and presentation of the attached documents. Public input was gathered at three (3) public
meetings, a phone survey, and 'PMG's contacts directly with non -profit organizations in Collier County.
Technical assistance meetings with grant applicants began in the February 2011 and the deadline for
receipt of grant applications was April 15, 2011. Projects were scored and ranked in the May -June 2011
timeframe and presented for public comment at the June 13, 2011 meeting of the Affordable Housing
Advisory Committee (AHAC). AHAC members were provided finalized copies of the plans on
07/18/2011.
The main priorities in the new 5 -Year Consolidated Plan are public facilities and infrastructure,
maintaining the affordable housing stock, homelessness prevention, and public services for low moderate
income citizens.
Due to the size of the document a hard copy will be available in the County Managers office and the
Board of County Commissioners office and also available on line at the Housing, Human & Veteran
Services web site http : / /www.colliergov.net/liousing.
A summary of the projects to be funded is attached.
FISCAL IMPACT: The combined grant allocation amounts for all Collier County HUD Entitlement
programs for 2011 -2012 is expected to be approximately $2,649,863. Actual grant amounts will be
finalized once HHVS receives HUD's grant funding letter in the August - September 2011 timeframe.
It should be noted, the 2011 -2012 HUD allocation reflects an approximate 16.2% decrease in CDBG
funds and a 12.2% decrease in HOME funds to offset HUD's reduced budget. An additional decrease of
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7/26/2011 Item 16.D.14.
$160,000 in HOME funds is also included. This additional reduction is to reimburse HUD for the Cirrus
Pointe Project which was not completed.
Approval of this item will have no effect on the general fund.
GROWTH MANAGEMENT IMPACT: The proposed projects in the One -Year Action Plan assist in
the implementation of the Growth Management Plan by providing housing assistance, economic
development and public facilities in the community.
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 -JBW.
RECOMMENDATION: Recommendation to approve the Collier County 5 -Year HUD Consolidated Plan
for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan, and
authorize the Chairman to sign the supporting resolution and certifications for submission to the United
States Department of Housing and Urban Development (HUD).
Prepared by: Margo A. Castorena, Federal Grants Manager
Housing, Human and Veteran Services Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.14.
7/26/2011 Item 16.D.14.
Item Summary: Recommendation to approve the Collier County 5 -Year HUD
Consolidated Plan for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised
Citizen Participation Plan, and to sign the supporting resolution and certifications for
submission to the United States Department of Housing and Urban Development (HUD).
Meeting Date: 7/26/2011
Prepared By
Name: KlopfWendy
Title: Operations Coordinator,Housing, Human & Veteran Se
7/5/2011 10:08:34 AM
Submitted by
Title: Operations Coordinator,Housing, Human & Veteran Se
Name: KlopfWendy
7/5/2011 10:08:36 AM
Approved By
Name: AckermanMaria
Date: 7/5/2011 11:55:52 AM
Name: KrumbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Veteran Services
Date: 7/5/20114:06:44 PM
Name: CastorenaMargo
Date: 7 /6/2011 4:54:53 PM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 7/11/2011 11:22:27 AM
Name: Joshua Thomas
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Title: Grants Suppot Specialist,
Date: 7 /11/2011 12:25:31 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 7/14/2011 10:09:43 AM
7/26/2011 Item 16.D.14.
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 7/19/2011 11:37:42 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/19/2011 2:15:14 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Offlce of Management & Budget
Date: 7/19/20113:27:26 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/20,12011 11:17:10 AM
Name: TsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 7/20/2011 11:33:50 AM
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7/26/2011 Item 16.D.14.
RESOLUTION NO. 2011 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING: A FIVE -YEAR
CONSOLIDATED PLAN FOR FISCAL YEAR 2011 -2016, A REVISED CITIZEN
PARTICIPATION PLAN, A ONE -YEAR ACTION PLAN FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT
PARTNERSHIPS (HOME) AND EMERGENCY SHELTER GRANT (ESG)
PROGRAMS FY 2011 -2012; 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 (CDB(3),
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 One -Year Action
Plan for FY2011 -2012 was developed following the Collier County Citizen Participation Plan,
adopted January 9, 2001; and
WHEREAS, the FY 2011 -2012 One -Year Action Plan will serve as a planting
document for Collier County; an application for federal funds under the I-IUD formula grant
programs; a strategy to he 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
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7/26/2011 Item 16.D.14.
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners of Collier County approves the Five -Year
Consolidated Plan for FY2011 -2016 and the FY2011 -2012 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 Consolidated Plan and Action Plan on behalf of the County.
3. The One -Year Action Platt sets forth the dollar amounts estimated for each
activity to be funded by the CDBG. HOW. and ESG Programs. A copy of the proposed
projects, funding and beneficiaries is included in the Executive Summary and incorporated by
reference based on the template included in the document. 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 Board of County
Commissioners is authorized to approve CDBG. HOME, and ESG Subrecipient Agreements to
implement each such Activity. so long as: 1) 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.
Subrecipient Agreements and any amendments thereto must be brought to the Board for
consideration in compliance with the Purchasing Policy of Collier County, Florida. 3) Citizen
Puce'_ or3
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7/26/2011 Item 16.D.14.
participation Plan outline the timing, steps and methods in which the public will be notified of
actions or change to HUD related plans and activities.
This Resolution adopted this
majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
day of July 26, 2011, after motion, second and
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
an
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
lenniife B. White, Assistant County Aitorney
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7/26/2011 Item 16.D.14.
SUMMARY FY 2011 -2012 ACTION PLAN PROJECTS
Project
Location
Description
Funding
David Lawrence
Countywide
Adult substance
$208,223
Crossroads
abuse RTF beds
CDBG -PS
Program.
and services
Expansion
City of Naples
City of Naples
Park Improve - ments,
$100,954
Park
landscap -ing, parking
CDBG
Improvements
ILnmokalee
Immokalee
j Marked crosswalks
$140,000
Cross -walk
for improved
CDBG
Project
pedestrian safety
HHVS Senior
E. Naples, GG,
Meals to LMI Seniors
$95,000
Meals Program
Goodlette Anus
CDBG -PS
Apts
CCHA- Tenant
Countywide
Rent vouchers for
=. $300,000
Based Rental
LMI citizens to
HOME
Assistance
prevent home -
Vouchers
lessness
CCHA- Tenant
Countywide Admin costs for rent
$30,000
Based Rental
vouchers to LMI
CDBG
Assistance
citizens
Vouchers -Admin
Funds
Guadalupe
Immokalee
Job training costs to
I $25,000
Center -Job
create one (1)
CDBG
Creation
permanent.job
CDBG
HHVS
Salary, supplies &
$404,298
Administration &
administrative prog-
CDBG
Planning
ram costs
Emergency
Countywide
Emergency shelter
$128,166
Shelter Grant-
operating &
ESG
ESG) SAWACC
maintenance costs
ESG 1
HHVS i
Salary, supplies &
$3,286
Administration &
administrative prog-
ESG
Planning
ram costs
Homebuyer Ed-
Countywide
Homebuyer & credit
$30.000
HDC—partial
education
CDBG
Homebuyer Ed-
Countywide Homebuyer & credit
$47,844
HDC —partial
education
HOME
CHDO Set
Lmnokalee
Admin support to $74,538
Aside - Florida
continue acquisition HOME
Non Profit
& rehabilitation of
multi - family rental
units
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7/26/2011 Item 16.D.14.
Project
Location
Description
Funding
CHDO Opera-
Immokalee
Organizational
$24,846
ting Funds-
capacity building for
HOME
Empowerment
CHDO Non Profit
Alliance of
SWFL
Eagle Lakes Park
Easter Collier
Public Facility for
$775,016
Community
County
voluntary pre -K
CDBG
Center
classes for LMI
children
David Lawrence
Countywide
Emergency back -up
$175,000
Center-
power source
CDBG
Emergency
for clients and
Generators
patients
HOME Program
HHVS
Salary, supplies &
$49,692
Administration &
administrative prog-
HOME
Planning
ram costs
Homebuyer Ed-
Immokalee
Homebuyer & credit
$38,000
EASF
education
HOME
TOTAL:
$2,649,863
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7/26/2011 Item 16.D.14.
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 Free Workplace -- It will or will continue to provide a drug -free workplace
by:
1. 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;
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7/26/2011 Item 16.D.14.
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 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 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
Act of 1968, and implementing regulations at 24 CFR Part 135.
-- Fred W Coyle Date
Chairman, Collier County Board of County Commissioners
ATTEST:
DWIGHT E. BROCK, Cled
By:
Approved as to form & legal Sufficiency
Packet Page -2171- Asslstaii. County Attorney
3_�F ,a" I �F&49- 4. L--,)--VA t'T E
7/26/2011 Item 16.D.14.
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 2011 -2012, 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.
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7/26/2011 Item 160.14.
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.
Fred W Coyle Date
Chairman, Collier County Board of County Commissioners
Approved as to form & legal Sufficiency
ATTEST.
DWIGHT E. BROCK, Clerk
Assistant County Attorney
By , LeJNt (=F e2 C3.
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7/26/2011 Item 16.D.14.
Specific ROME 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 § 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.
Fred W Coyle Date
Chairman, Collier County Board of County Commissioners
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7/26/2011 Item 16.D.14
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 will obtain matching amounts required under 24 CPR 576.51.
Confidentiality - It will develop and implement 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, 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 programs 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.
Fred W Coyle Date
Chairman, Collier County Board of County Commissioners
ATTEST' Approved as to form & legal Sufficiency
DWIGHT E. BROCK, Clerk
By: Packet Page -2175- � � 1
Asslsta-nntt C�OUnty Atttornnev
7/26/2011 Item 16.D.14.
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:
Packet Page -2176-
7/26/2011 Item 16.D.14.
Place of Performance (Street address, city, county, state, zip code)
3339 E Tamiami Trail Suite 211
Naples, Collier County, FL 34112
Check if there are workplaces on file that are not identified here.
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
contenders) 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).
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