Resolution 2018-213 RESOLUTION NO. 2018- 213
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2017-2018
CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT
(CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), HOME INVESTMENT PARTNERSIDP (HOME) AND
EMERGENCY SOLUTIONS GRANT(ESG)PROGRAMS AS REQUIRED BY
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD), AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO CERTIFY THE CAPER FOR
SUBMISSION TO HUD.
WHEREAS,HUD requires all entitlement communities to prepare a Consolidated Annual
Performance and Evaluation Report (CAPER) annually to determine whether the recipient of
HUD funds is in compliance with federal statutes and has the capacity to implement and
administer these programs; and
WHEREAS, the CAPER provides a comprehensive review of the progress being made
toward meeting overall goals and objectives identified in the Five-Year Consolidated Plan and
One-Year Action Plan; and
WHEREAS, the purpose of the CAPER is to demonstrate how federal funds are being
expended within very low to moderate-income communities;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that based upon representations
from staff that the information contained in the CAPER is accurate and reflects the activities
actually accomplished during the reporting period,the Board of County Commissioners of Collier
County approves the Fiscal 2017-2018 Consolidated Annual Performance and Appraisal Report
(CAPER)for the Community Development Block Grant(CDBG),HOME Investment Partnership
(HOME) and Emergency Solutions Grant (ESG)programs.
BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners
is authorized to certify the CAPER for submission to HUD on behalf of the County.
THIS RESOLUTION ADOPTED after motion, second and majority vote on this the 11th
day of December 2018.
ATTEST. m , °'•- BOARD OF C• TY C• SIONERS
CRYSTAL K.`KIN. kI0`CLERK COLLIER C'1 TY,FL 'AS al
/
•
By: L ,1 y•
attest as to Chairmaci SDeput, • - A SO :, HAIRMAN
signature only.
Approved as to form and
legality:
Jenm er A. Belpe ' CY \C6
Assistant County Attorney U)
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, !j
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.
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 I 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 co nt with the strategic plan.
/ Develop ,Act of 1968 and
Sectio, . ---I w'_.s�%�i� : wi h section 3 of the Housing and Urbanp
impl- egis at 24 CFR Part 135.
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' :• } ° Approved as to form and legality
A"ETEST
YSTAL.K. EL;--CLERK
isyTY\ ^VP Assistant Cou ttorney
es as o at ` `,
signature only.
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Specific CDBG Certifications i
The Entitlement Community certifies that: 1
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Citizen Participation--It is in full compliance and following a detailed citizen participation plan that i
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satisfies the requirements of 24 CFR 91.105. 1
Community Development Plan--Its consolidated housing and community development plan identifies 1
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.
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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 1
community,and other financial resources are not available);
2, Overall Benefit.The aggregate use of CDBG funds including section 108 guaranteed loans
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during program year(s) aD I _ 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; ,
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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 i
against properties owned and occupied by persons of low and moderate income,including any fee
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charged or assessment made as a condition of obtaining access to such public improvements. 1
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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. k
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The jurisdiction will not attempt to recover any capital costs of public improvements assisted I
with CDBG funds,including Section 108,unless CDBG funds are used to pay the proportion of 1
fee or assessment attributable to the capital costs of public improvements financed from other i
revenue sources. In this case, an assessment or charge may be made against the property with
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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 1
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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. k
Excessive Force--It has adopted and is enforcing:
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1. A policy prohibiting the use of excessive force by law enforcement agencies within its 1
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jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 1
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 4
3601-3619),and implementing regulations.
i.
Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24
CFR Part 35,subparts A,B,.1,K and R;
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Complian h La . /1 comply with applicable laws.
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Sit lure/• .th. ized •fficial Date
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ATTEST Approved as to form and legality
CRYSTAL K.KI1S'ZEL,CLERK
: BY: 1®�° iri�eAai�
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--- -�_ Assistp `r'ou- Homey
Attest as to Chairman's 'D. . �v�
signature only. � \\c
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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§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;
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Iltidfik VZX k AVg
Signatur ozi.ze Official Date
ClokairrvitAij
Title
Approved as to form and legality
ATTEST
= CRYSTAL'IC, ' L, ERK , CLO
C—yA, ��1 Assistant CountyBy: OP
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Attest as to Chairman's 1``Q
signature only.
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
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 d': harge fro immediately resulting in homelessness for these persons.
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Signa ure/Aulriz-. 0 ficial Date
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Title
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Approved as to form and legality
ATTEST
CRYSTAL ,CLERK
11 /•� As Stant Count Homey
Attest as to Chairniaf's 4 `(SI
signture only.
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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 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.
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