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Agenda 09/15/2009 Item #16D 1 Agenda Item No. 1601 September 15, 2009 Page 1 of 17 _. EXECUTIVE SUMMARY Recommendation to approve Collier County's Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2008- 2009 as required by the U.S. Department of Housing and Urban Development (HUD), approve the CAPER Resolution, and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to MUD and sign the attached resolution. OBJECTIVE: For the Board of County Commissioners (BCC) to approve a Resolution accepting the Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) programs for fiscal year 2008-2009 as required by HUD, and authorize the Chairman to certify the CAPER for submission to HUD. CONSIDERATIONS: Collier County, along with its participating cities of Naples and Marco Island, became eligible to receive federal entitlement funds on an annual basis through the CDBO program in 2001. Collier County became eligible to receive HOME funds on an annual basis in 2003 and qualified for ESG entitlement funds in 2004. ---- HUD requires all entitlement communities to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) to evaluate the recipient's compliance with federal statutes and the organization's capacity to implement and administer the federally funded programs. The CAPER provides a review of the progress being made toward meeting overall goals and objectives identified in the Five-Year Consolidated Plan and One-Year Action Plan. This CAPER covers the period July 1, 2008 to June 30, 2009 for the County's three HUD entitlement programs, CDBG, HOME and ESO, and must be submitted to HUD within ninety (90) days of the end of the program year of June 30, 2009. The CAPER is due prior to September 28,2009. Copies of the draft CAPER were made available for public review and comment during the required 15 day exposure period which was August 11-26, 2009. Copies of the draft document were made available at the Collier County Housing and Human Services Department, the Collier County Communications and Customer Relations Department, local libraries, and on the County website. Due to the size of the CAPER (171 pages), the document is not included as an attachment but was provided under separate cover to the Board of County Commissioners, as well as members of the County administration. FISCAL IMPACT: $3,085,794.00 in CDBG, HOME and ESG entitlement funds were i- available for federally funded activities for FY 2008-2009. The total amount of entitlement funds expended during the fiscal year ending June 30, 2009 was $4,111,036.64. This figure represents expenditure of FY 2008-2009 and prior year funds. Agenda Item No. 1601 September 15. 2009 Page 2 of 17 .........-~, GROWTH MANAGEMENT IMPACT: The CDBG, HOME and ESG projects undertaken are consistent with and support the Housing, Future Land Use and Recreation and Open Space Elements of the Collier County Growth Management Plan by providing infrastructure improvements and housing assistance to improve the health, safety and welfare of the very low to moderate-income residents of the community, LEGAL CONSIDERATIONS: This item, including the resolution and certifications, has been reviewed and approved by the County Attorney's Office. This item requires majority vote only. This item is legally sufficient for Board action.-CMG RECOMMENDATION: For the Board of County Commissioners to approve a Resolution accepting the Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) programs for fiscal year 2008-2009 as required by HUD, and authorize the Chairman to certify the CAPER for submission to HUD. ' Prepared by: Margo Castorena, Grant Operations Manager, Housing and Human Services Department ,-.. .-. Agenda Item No. 1601 September 15, 2009 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D1 Recommendation to approve Collier Countys Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2008-2009 as required by the U,S Department of Housing and Urban Development (HUD), approve the CAPER Resolution, and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD and sign the attached resolution, Meeting Date: 9/15/200990000 AM Prepared By Margo Castorena Director Date Public Services Domestic Animal Services 8/12/200911:26:16 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 8/18/20099:11 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 8/18/20091:56 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 8/19/2009 3:51 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 8/21120099:07 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 8/21/2009 11 :16 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 8/21/20092:56 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 8/24/2009 1 :51 PM Approved By Sherry Pryor Management & Budget Analyst Date .c.'1 _. 11,.........\ A _ _~_..J _'T'_ _...\ ~__~_ _ _-'-\ 1 ...., A Cl _~_.4._.__1_ _dOl 1""\ A 1 ~ 0/ ,,",""'''Af'\\ 1 f 0/ ",",f\r"i\"h.. T('1r'1I.. Trro/ "'l" A r'lr'l\.. T {'\ fA ,...... I\{\{"\ Agenda Item No. 16D1 September 15, 2009 Page 4 of 17 County Manager's Office Office of Management & Budget 8/2512009 11 :59 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 8/26/20096:01 PM ~1 _.1/0.\ A ~- - -- ..J _'T" - -....\ r_.~_ _ _-4:.\ 1 ., A C' ___....__u L _.fl/'lf\ 1 r (l / ~f\,",f\I\f\\ 1 r OJ I"")Ar'\l\l..lClr'-X T~()/ ,")f\ A ,.....r:~ T "In I..... n flr\ ~"'I-"'.~I.NT 0.. ~O !* *, CPMP Non-State Grantee \(,~ I Certifications e.w DrI~~ Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted In paper form to the Field OffIce. Agenda Item No. 1601 September 15, 2009 Page 5 of 11; . \ 1;1 i.' [a'=~_fr---''''''. ~ '. .lIII.'~.~ , . , '. ~J~..~~~:~:::~~~~;'L' . ','.... I NON-STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: AtrlrmetIveIy Further F.lr HoUIIIng -- The jurisdiction wiU affirmatively further fair housmg, which means It will conduct an analysis of Impediments to fair housing dloice within the JuriSdiction, take appropriate actions to overcome the effects of any Impediments identified through that analysis, and maintain rec:crds reflecting that analysis and actions In thiS regard. Antl-cllsplacement and a.Iocatlon PlIIft -- It will comply with the acquisition and relocation requirements of the Uniform IleIocation 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 foIlowtng a residential antldisplacement and reloaltion assistance plan required under section 104(d) of the HousIng and Community Development Act d 1974, as amended, In connection with any activity assisted with funding under the CDBG or HOME programs. . , : i < ~ I .- Drug Free Workplllce -- It will or will continue to provide a drug-free workplace by: 1. Publishing II :otbt:ement notifying employees that the unlawful manufl!llc:ture, distribution, dispensing, possession, or use d a contrOlled substance IS prohibited in the grantee's wortcpfac:e and spedfyfng the actions that will be taken against employees for violation ~ such prohibition; 2. EstablIshing an ongoing drug-free awareness program to infonn employees about - a, The dangers of drug abuse In the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. AnV available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be Imposed upon emplovees for drug abuse violations occurring In the workplace; 3. Making It a requirement that each employee to be engaged in the performance d 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 d 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 wor1cpIaa! no later than five calendar days after such convICtIon; S. 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 f!Very grant omc:er or other designee on whose grant activity the convicted empIovee 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 aft'ected grant; 6. Taking one of the fo4lowing actIOns, within 30 calendar days of recelving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel actton against such an employee, up to and Including tennlnation, consistent with the requirements of the Rehabilitation Act or 1973, as amended; or b. Requiring such employee to participate satlsfactorilV 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 II drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. i " CPMP Non-State Grantee Certifications 1 Version 1.3 I., J urisd iction Agenda Item No. 16D1 September 15, 2009 I Page 6 of 17 :!i Anti-Lobbying .- To the best d the jurisdiction's knowledge and belief: 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it. to any person for innuencing or attempting to Influence an officer or employee d any agency, a Member of Congress, an offICer or employee of Congress, or an employee of a Member d Congress in connection with the awarding << any Federal contract, the malclng of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extellsion, continuation, renewal, amendment, or modification d any Federal contract, gra~ loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Innuenclng or attempting to influence an oft'icer or employee d any agency, a Member of Congress, an of'flcer or employee of Congress, or an employee of a Member of COngress in connection with thfs Federal contract, grant, loan, or oooperattve 691eenlef'lt, it will complete and submit Standard Fonn-LLL, -DIsclosure Fo"" to Report Lobbying, - in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti-lobbylng certiftc:ation be Included In the award documents for all subawards at all tiers (lnduding subcontracts, subgrants, and contracts under grants. loans, and cooperative agreements) and that aU subredpients shall certify and disclose accordingly. Authority of Jurtsdlctlon ," The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to cany out the programs for which It Is seeking funding, In accordance with applicable HUO regulations. Consistency with ....n - The housing activities to be undertaken wltfl CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 d the Housing and Urban Development Act c:# 1968, and implementing regulations at 24 CFR Part 135. i, , I i: 'I , , , Signature/Authorized Offldal Date I Donna Fiala Name I Chairman, Board of County Commissioners Title I 3301 E Tamiaml Trail Address I Naples FL 34112 City/State/Zip I (239) 252-8097 Telephone Number ! j. i j. AppI'DWd _ to form & teglllUIficiIncy ~~~ CollIn Greene. AssIst8nt County Attorney ATTEST: DWIGHT E. BROCK. Clerk By: CPMP Non-State Grantee Certifications 2 Version 1. 3 Jurisdiction Agenda Item No. 1601 September 15, 2009 I Page 7 of 1 T i j , 'J ~ I; ~ ~ I ti:.=':;~Tr"'" '. . ". ?f' -1 SpecIfic CDBG Certlflc8tlons I, The Entitlement Community certlftes that: Citizen P.rtlclpetIon - It Is In ruM compliance and following a detailed citizen participation plan that satisfies the reQuirements of 24 CFR 91.105. Community Development ....n - Its consolidated housing and community deYeJopment 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. PI." - It Is following a current consolidated plan (or Comprehensive Housing Affordablllty Strategy) that has been approved by HUD. u.. ~ Funds - It has complied with the following criteria: 11. 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); I, i I:, '; , ,i ! :1 : ~: i: I 12. Overall Benefit - The aggregate use 01 CDBG funds Including section 108 guaranteed loans during proglilm year(s) 2___ 2.-.... 2__ (a period spedfled by the grantee consisting of one, two, or three spedtlc consecutive program years), shall prlndpelly benefit persons of low and moderate Income in a manner that ensures that at least 70 percent of the amount is expended for acttvities that benefit such persons during the designated period; 13. Special Assessments . It will not attempt to recover any capital costs 01 public Improvements assisted with CDBG funds including 5ed:ion 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 funcls 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 II source other than CDBG funds. I:' I i; ! I: III ! J: .- 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 cI fee or assessment attributable to the capltal costs 01 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 ftnanced by a source other than CDBG funds. Also, In the case 01 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. E~ Force - It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within Its juriSdiction against any indiYkluals engaged in non-violent civil rights demonstratIonS; and 15. A policy of entordng applicable State and local laws against physically barring entrance to or exit from II facility or location which Is the subject of such non-violent dvlt rights demonstrationS within Its ju rlsdictlon; ! I,. : I I ' : r i !' CPMP Non-State Grantee Certifications 3 Version 1.3 " ! I:! I '! I. I:' Jurisdiction Agenda Item No. 1601 September 15, 2009 Page 8 of W ' I 'i I ,I I I : I Compliance With AntI-cIlKrlmlnatlon laws -- The grant will be conducted and administered In confonnity with title VI cI the Civil RIghts Al:t. of 1964 (42 USC 2000d), the Fair Housing Act (42 use 3601-3619), and implementing regulations. II! Lead-Based Paint - Its activities concerning lead-based paint will comply with the requirements c:A part 35, subparts A, B, J, K and R, cI title 24; Compliance with Laws - It will comply with applicable laws. Slgnaturel Authorized OffICial Date I' " I Donna Fiala Name I Chairman, Board of County Commissioners Title I 3301 E Tamiaml Trail Address I Naples FL 34112 City/State/Zip I (239) 252-8097 Telephone Number Iii ,I' I ii' I I I, , i I I' I i; , , , AppRMd _lOform & ......"Y ~~ CaIIIIn ar... AIIIII8nt Ccu1ty ~ ~ I CPMP Non-State Grantee Certifications 4 Version 1.3 I' Jurisdiction Agenda Item No. 1601 September 15, 2009 . . Page 9 of 17 ; : ! 11 I: ! : I I -- . .~: .~ >t.~:: ~'1II"==~=::.'_""'.'Y' . '~ .1Mt ~.n~dlJI ............ . . ' 1 ~;_ ~..~. ~ OPTIONAL CERnFICAnON 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 g",ntee hereby certifies that the Annual Plan Indudes one or more specifically identified CDBG-asslsted ad:lvities, 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 r:# the community and other financial resources are not available to meet such needs. , , I , I I, Slgnaturel Authorized Official Date --. I Donna Fiala Name I Chairman, Board of County Commissioners Title [3301 E Tamiaml Trait Address I Naples, FL 34112 City/State/Zip I (239) 252-8097 Telephone Number I, I : I' ! I. , . . I ,.~ CPMP Non-State Grantee Certifications 5 Version 1. 3 d Jurisdiction Agenda Item No. 1601 September 15, 2009 Page 1 0 of 1 7 i! I I I I, , I tiTIIIIJ :;==~::._ apply. " ... -.......n:.. ..Ruble. " . .. Speclftc HOME CenWkaHOM The HOME participating jurisdiction certifieS that: T....nt Based R8nta1 ~"''''nce - 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 partidpating jurisdiction's consolidated plan for expanding the supply, affordablHty, and availability of decent, safe, sanitary, and affordable housing. Eligible ActIvltl.. and eo.ta - it is using and will use HOME funds for eligible actlYltles and costs, as described in 24 CFR ~ 92.205 through 92.209 and tMt It Is not using and will not use HOME funds for prohibited activities, as desaibed in ~ 92.214. Approprlete financial ~""nce - before committing any funds to a project, it wiD evaluate the project In accordance With the guic:lellnes 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 af'rordable houSing; i, i: Signature/Authorized Offidal Date I Donna Fiala Name I Chairman, Board of County Commissioners Title I 3301 E Tamiami Trail Address I Naples, Fl34112 City /State/Ztp I (239) 252-8097 Telephone Number ; I, ! ' I j' I' AppRMd. tofcrm & legit UIIdency ~~ Collen GrMne. AIIiIt8nt Ccu1ly /II.tOItrWf ATTEST: DWIGHT E. BROCK. Clerk By: CPMP Non-State Grantee Certifications 6 Version 1.3 I' ; Ii " ! ; I, I II 111 Jurisdiction Agenda Item No. 1601 September 15, 2009 Page 11 of 1! , r ! i \ ' , i ,.-.-~ le;=:=~::&;;r!Iy. . ;. , . ...'. ,......, " . ." ,., ','" . . . - '. .. . ;'.' :",,: I . ~.t . l' I! HOPWA certifications : j: The HOPWA grantee certifies that: ActIvItlea - ActIvitIeS funded under the prognJm wIU meet urgent needs that are not behlg 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 I ' acquisition of a fadlity, 2. For at least 3 years in the case ~ assistance involving non-substantial rehabilitation or repair of it building or structure. I!' II' I" , : Signature/Authorized Official Date I . I Donna Fiala Name I Chairman, Board of County Commissioners I I Title [ 3301 E Tamlami Trail Address I Naples, FL 34112 City/State/Zip l (239) 252-8097 Telephone Number I ~: ~ " ,: I ~ Ii : I' CPMP Non-State Grantee Certifications 7 Version 1.3 Jurisdiction Agenda Item No. 16D1 September 15, 2009 'I Page 12 of 17 . I : If , I l i: l 0 Tbk = ::: not appIy~ 181'"* ~ .,: .lcebIe. .~. ?~:~:~ ;i<"~ .. . " ;.,.:t".-;:./ t:" : . I .. . , ' , ESG Certifications I, Donna Fiala, Chief Executive OffIcer of Jurisdiction, certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concemlng nondiscrimination and equal opportunity . , ! : !, 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The reqUirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevenUon or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeleSs individuals and families in poticymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these fadlities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related CPMP Non-State Grantee Certifications 8 Version 1.3 Agenda Item No. 16~f I: September 15, 20 Page 13 of f I I 1 I I ! I ; II~ 'I Jurisdiction ----, authorities as spedfied in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of tennlnation of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or tennination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop 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 fadllties, foster care or other youth fadlities, or correction programs and institutions) In order to prevent such discharge from immediately resulting In homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation In a local Homeless Management Information System (HMIS) and the col/ectlon and reporting of client-level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature/Authorized Offidal Date r Donna Fiala Name I Chairman, Board of County Commissioners I I Title l 3301 E Tamiami Trail Address ! Naples, FL 34112 City/State/Zip I (239) 252-8097 Telephone Number Approved. to farm & llglllUIIdIncy C~~~O Callen er-. ....... Cc:u1ly NtI:Imey ATTEST: DWIGHT E. BROCK, Clerk By: CPMP Non-State Grantee Certifications 9 Version 1.3 : ' I , I I ; ,I , " \ i ~ ~ Ii I. I !i : "' I I" ; r I:. II; I: .1 I., i I ~ :' Jurisdiction Agenda Item No, 16D1 September 15, 20Q9 Page 14 of, 17 , I I [Q=::=:=~~=Iy. . , ....:. ~ I I, APPENDIX TO CERTIFICAnONS Instructions Concerning Lobbying and Drug-Free WoricpIace Requirements lobbying CertlftClltlon this certfflcatton 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 falls to file the required certification shall be subject to a dvll penalty of not less than $10,000 and not more than $100,000 for each such failure. i. Drug-Free Workpiece CertIt'Ic:atIon 1. By signing and/or submitting th.Is 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 15 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 FedenII Government, may take action authorized under the Drug-Free Workplace Act. J. 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 wor1tplaces at the time 01 application, or upon award, if there Is no application, the grantee must keep the Identity of the wor1cpIace(s) on file In ItS office and make the Information available for Federal Inspection. Failure to identify all known wor1cpIaces constitutes a violation of the grantee's drug-free woricplace requirements. 4. Workplace identifications must Indude the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categortcal descriptions may be used (e.g., all vehk:les of a mass transit authority 01' State hlghwav department while In operation, State employees In each local unemployment office, performers In concert: haUs or radio stations). 5. It the workplace identified to the agency changes during the performance 01 the grant, the grantee shall inform the agency of the change(s), if it previouslV Identifled 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 wtth the specific grant: Place of Performance (Street address, dtv, county, state, zip code) Check If there are workptaces on "'e that are not identified here. The certification with regard to the drug-free wor1cplace is required by 24 CFR part 21. I. . : l: I\i PI.:e Name street Cfty Countv state ZiD , !I 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 J through V of the Controlled Substances Act e21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction- means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any JudiCIal bocIy 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 Ii, CPMP Non-State Grantee Certifications 10 Version 1. 3 1 i I" Jurisdiction Agenda Item No. 16D~ September 15, 20p Page 15 ofe I controlled substance; "Employee" means the employee of it grantee directly engaged in the performance of wortt under a grant, indudlng: 8. All "direct charge" employees; b. all "Indirect charge" employees unless their Impact or Invotvement is insignlflcant In the performance c:A the grant; and c. temporary personnel and consultants who are directly engaged in the performance d work under the grant and who are on the grantee's payroll. This definition does not Indude workers not on the payroll d the grantee (e.g., volunteers, even if used to meet a mat:chlng requirement; consultants or Independent mntractors not on the grantee's payroll; or employees of subredplents or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verlflcatJon. These documents Include: 1. Analysis of Impediments to Fair Housing 2. CItIzen Participation Plan 3. Anti-displacement and Relocation Plan I \ ' ~ Signature/Authorized Official Date ! . I Donna Fiala Name I Chairman, Board of County Commissioners' I TItle 13301 E Tamlami Trail Address I Naples, Fl34112 City/State/Zip I (239) 252-8097 Telephone Number l i: AppRMId.lO farm & IIgII dIaIInCY ~~ Colleen Q,.."., !.III.ntCcu'lly ~ ATTEST: DWIGHT E. BROCK, aertc By: CPMP Non-State Grantee Certifications 11 Version 1.3 ; ;. Agenda Item No. 1601 September 15, 2009 Page 16 of 17 RESOLUTION NO. 2009 - A RESOLUTION BY mE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2008-2009 CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (BUD), AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO CERTIFY THE CAPER FOR SUBMISSION TO BUD AND PROVIDING AN EFFECTIVE DATE. WHEREAS, HUn 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: 1. 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 2008-2009 Consolidated Annual Performance and Appraisal Report (CAPER) fOT the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) programs. 2. The Chairman of the Board of County Commissioners is authorized. to certify the CAPER for submission to HUD on behalf of the County. 3. 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 Page 1 of2 Agenda Item No. 16D1 September 15, 2009 Page 17 of 17 Resolution. 4. EFFECTNE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this 15th of September 2009, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: ~ Lr olleen Greene Assistant County Attorney Page 2 of2