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Agenda 09/15/2009 Item #16D20 Agenda Item No. 16D20 September 15, 2009 Page 1 of 12 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign the U.S. Department of Housing and Urban Development (HUD) entitlement funding agreements for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funds for FY 2009-2010 and recognize additional revenue in the amount $108,867 OBJECTIVE: For the Board of County COlmnissioners to approve and authorize the Chairman to sign the U.S. Department of Housing and Urban Development (HUD) entitlement funding agreements for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funds for FY 2009-2010. CONSIDERATIONS: On April 28, 2009, the Board adopted Resolution No. 2009-116 (Item 16D3) approving the submittal of the annual Action Plan to HUD for $3,089,415 in entitlement funds for FY 2009-2010 based on level funding from the previous fiscal year. In July 2009, HUD notified HHS Collier County would receive funding in the amount of$3,198,282. The Housing and Human Services Department operates its State and Federal grant programs on a July 1 st through June 30th fiscal year. HUD provided the annual entitlement funding agreements to the County on August 14,2009. E ftl t fu d' tI J I 1 2009 thr h J "'0 2010' D 11 -- nl emen n mg or UlY , ougl une.) , IS as 0 ows: Program Component Original Revised Net Change Bud2et Bud2et Community Development Block $2,324,2] 4 $2,348,840 $24,626 Grant Home Investment Partner Ship $664,383 $754,154 $89,771 Programs (HOME) Emergency Shelter Grants $95,197 $95,288 $91 American Dream Downpayment $5,621 $0 ($5,621 ) Program (ADDI ) Total $3,089,415 $3,198,282 $108,867 FISCAL IMPACT: The original budget amendment was approved by the Board on April 28, 2009 and was based on previous years' funding level. The actual award is $108,867 more than was anticipated. The acceptance of these grant agreements will allow the Department to administer, implement, and monitor the projects outlined in the annual Action Plan adopted by the Board on April 28, 2009. Acceptance of the f,Tfant agreements will have no additional effect on ad valorem or general fund dollars. -- GROWTH MANAGEMENT IMPACT: Acceptance and implementation of the grant agreements will further the goals, objectives and policies of the Growth Management Plan's Housing Element. Agenda Item No. 16D20 September 15, 2009 Page 2 of 12 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office. This item requires simple majority vote and is legally sufficient for Board action. - CMG RECOMMENDA TION: That the Board of County Commissioners approves and authorizes its Chairman to sign the acceptance of HUD entitlement funding agreements for CDBG, HOME, and ESG funds for FY 2009-2010 and recognize the additional funding in the amount of $108,867. Prepared by: Margo Castorena, Grant Operations Manager, Housing and Human Services .L Uo'" .L V.L ... Agenda Item No, 16D20 September 15, 2009 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D20 Item Summary: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign the U.S Department of Housing and Urban Development (HUD) entitlement funding agreements for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funds for FY 2009- 2010. 9/15/200990000 AM Meeting Date: Prepared By Margo Castorena Director Date Public Services Domestic Animal Services 8/19/2009 8:36:20 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 8/21/20093:06 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 8f21/2009 3:46 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 8/21/20093:59 PM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 8f25f2009 11 :15 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 8f28/2009 12:49 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 8/28/2009 3:43 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 8/28/20094:52 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County 1 u5\.,.."::- V.1..::- Agenda Item No. 16D20 September 15, 2009 Page 4 of 12 Commissioners County Manager's Office 8/30/200912:21 PM (~i1 ~""'De'lli".\..-O U.S. Department of Housing and Urban Development Community Planning and Development Division Atlanta Region, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 Agenda Item No, 16D20 September 15, 2009 Page 5 of 12 August 6,2009 RECEIVE) AOG l'~ 2009 ty CQrnmissiqneMr Boare! of COUll., - .~.. Honorable Donna Fiala, Chairman Collier County Board of Commissioners 3301 E Tamiami Trail Naples, FL 34112 Dear Chairman Fiala: SUBJECT: Collier County 2009-2010 Action Plan Approval We are pleased to approve your one-year Action Plan for Fiscal Year 2009 funding. The grant assistance that is being approved with the Action Plan is as follows: Community Development Block Grant (CDBG) Program Emergency Shelter Grants (ESG) Program HOME Investment Partnerships (HOME) Program $ 2,348,840 $ 95,288 $ 754,154 The total allocation for your community is $ 3,198,282 Your FY 2009 program year began on July 1,2009. We would like to take this opportunity to commend the County on the successful completion of the one-year Action Plan. We believe that the goals and objectives developed through this process provide the foundation for the formulation of new partnerships at all levels of government and with the private sector including for-profit and non-profit organizations. These partnerships are invaluable as you and your partners address the problems of affordable housing, homelessness, and economic opportunities for all citizens, particularly for very low- income and low-income persons. Enclosed are three originals of each of the required Grant Agreements and Funding Approvals. This constitutes the contract between our Department and the County. You should note any special conditions listed in the Funding Approvals. Please return two executed orhdnals for each Grant, and retain one for your records. HUD's missWn is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud.eov www.csDanol.hud.eov Agenda Item No. 16020 September 15, 2009 Page 6 of 12 In addition to the Grant Agreement, we have also enclosed a copy of "Consolidated Plan Advice and Guidance" applicable to the various Programs. Again, we congratulate you and your staff on the preparation of the one-year Action Plan. We look forward to working with you during the coming year to accomplish the goals the County has set forth and to further refine and improve the Consolidated Plan development process. In the meantime, if you have any questions or desire assistance concerning this letter or other items related to the community development programs, please contact Nora Casal, CPD Representative, at (305) 520-5009. S incerel y, 1 . Ortiz-Hill Director, Community Planning and Development Enclosures cc: Ms. Marcy Krumbine, MPA, Director, Human and Housing Services Department Agenda Item No. 16D20 September 15, 2009 Page 7 of 12 CONSOLITATED PLAN ADVICE AND GUIDANCE Reporting Requirements for Fiscal Year 2009 Grants The Consolidated Annual Performance Evaluation Report (CAPER) (Section 91.520) for the 2008 Program Year is due in this office no later 90 days after your program year end date. Which includes CDBG, ESG and HOME. Integrated Disbursement Information System (IDIS) The Community may add or delete individuals authorized to access the Integrated Disbursement and Information System (IDIS). An IDIS Access Request Form must be prepared, notarized and returned to this office with the Grant Agreement. The Direct Deposit sign-up Form (SF-1199A) must be completed: if there is the need to establish or change banking information. Both the Grantee and the financial institution must complete the form. The completed SFl199A Form must be returned to this office. Environmental Review Procedures Certain activities included in the Consolidated Action Plan are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures for the CDBO Program). Funds for such activities may not be obligated or expended unless the release of funds has been approved in writing by HUD. A request for the release of funds must be accompanied by an environmental certification. Appropriate forms are enclosed. Technical assistance on these procedures is available from your CPD Representative or from Al Cazzoli, Environmental Specialist, at (305) 520-5005. ESG Expenditure Deadlines There are two critical deadlines set forth in the ESG program regulations. Title 24 of the Code of Federal Regulations (CFR), Section 576.55(b), requires that all ESG grant amounts be obligated by 180 days and expended by 24 months after the date of the grant award letter. Any grant amounts that are not obligated and expended by these dates may be recovered and reallocated for use in accordance with 24 CFR 576.67. These deadlines represent maximum time periods. We trust that each grantee will make every effort to obligate and expend all funds within these periods. Agenda Item No, 16D20 September 15, 2009 Page 8 of 12 SPECIAL CONTRACT CONDITIONS - FY 2009 Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R rantee as s own In Item 5 0 tandSl' U.S. Department 01 Housing and Urban Development Office of Community Planning and Devem~rt-genda Item No. 16. D20 Community Development Block Grant PDW1~HT E~BW&~~~~ um (mmlddlyyyy) !laAmount Approved .c.q iii r 'antee's Complete Address (as shown in item 5 01 Standard Form 424) ~J1 E. TamiamiTrail Naples, FL 34112 5a.Projec1lGrant No, 1 B-09-UC-12-00 16 5b, rOlec1l rant No, 2 2 348 840 !lb Amount Approved 5c.ProjectlGrant 0, 3 Il!lcAmount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title 1 assistance, the H UD regulations at 24 CFR Part 570 (as now in effect and liS may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with llllapplicable requirements. Pre. agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision mnlcing, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title 1 and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U,S, Department of Housing and Urban Developmem (By Name) Grantee Name Maria R. Ortiz-Hill Title 7. Ca1egory of Title I Assistance for this Funding Action (check only one) [&J a. Entitlement, See 106(b) o b. State-Administered, See 106(d)(1) -Il e. HUe.Administered Small Cities, See 106(d)(2)(B) J d.lndian CeBG Programs, See 106(a)(1) LJ e, Surplus Urban Renewal Funds, See 112(b) o f. Spedal Purpose Grants, See 107 o g. Loan Guarantee, Sec 108 12a. Amount of Loan Guarantee Commitmen1 now being Approved Title Ch Signature Date (mm/ddfyyyy) 8/6/2009 8. Special Conditions (check one) 00 None o Attached 9a. Date HUD Received Submission (mm/ddlyyyy) 5/8/2009 9b. Dale Grantee Notified (mm/ddlyyyy) 10, check one 00 a. Orig. Funding Approval Db. Amentrnenl Amendment Number Qc, Date 01 Start 01 Program Year (mm/ddlyyyy) 07/01/2009 11, Amounl of Community Development Block Grant 2009 FY (yyyy) FY (yyyy) FY (yyyy) a, Funds Reserved for this Grantee b, Funds now being Approved c, Reservation to be Cancelled 11 a minus 11 b 12b, Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the N/A Department Housing and Urban Development on the above date with 12e, Name of Authorized Official for Designa1ed Public Agency respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and N/A conditions of the Agreement, applicable regnlations, and other Trtle requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Signa1ure Date (mm/ddlyyyy) HUD Accounting use Only illJ mEm DO OJ to rnm c::fI'Ei= o crrro Y Pro'9c1 Number ~ .--" En~~~&r~W~8'(ri, & Bg~ l~!fRBfS (mm/ddlyyyy) Colleen Greene, Assistant County Attorney ITITJ Amounl Effective Da1e (mm/ddfyry) F II 0 Amount Amount Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082 (4193) . ana urDan lJevelopment (t:xp. U~Ml/i!.UUI) Investment Partnerships Agreement Office of Community Planning A.genda Item ~-Jo, 16D20 Title II of the National Affordable Housing Act and Development September 15. 2009 Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for revieWing~rf'stl-tb1Jhi,>fs~irching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMS control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing the' programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines: 3) to permit HUD to determine whether eaCi participant meets the HOME statutory income targeting and affordability requirements: and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements, Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 1. Participant Nam e and Address Collier County 3301 E Tamiami Trail Naples, FL 34112 2. Participant Number M-09-UC-12-0217 3, Tax Identification Number 59-6000558 4. Appropriation Number 868/00205 5. FY (yyyy) 2009 6. Previous Obligation (Enter '0" for initial FY allocation) a. Formula Funds b. Community Housing Development Org. (CHDO) Competitive 7. Current Transaction (+ or-) $ $ a. Formula Funds $ 754,154 $ $ 1. CHDO (For deobligations only) 2. Non- CHDO (For deobligations only) b. CHDO Competitive Reallocation or Deobligation (see #18 below) $ 8. Revised Obligation a. Formula Funds b. CHDO Competitive Reallocation 9. Special Conditions (check applicable box) [8J Not applicable 0 Attached $ $ 10. Date of Obligation (Congressional Release Date) (mm/dd/yyyy) 8/6/2009 This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U,S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any special conditions, constitute part of this Agreement Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92,502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulatio 24 CFR 92.352 and 24 CFR Part 58. 11, For the U,S, Department of HUD (Name and Title of Authorized Official) Maria R. Ortiz-Hill, Director Community, Planning and Dev. 13, Date 8/6/2009 14. For the Participating Jurisdiction/Entity (Name and Title of Authorized Official) Collier County,Donna Fiala, Chairman 17, Check one: 15. Signature 16. Date I / [8J Initial Agreement o Amendment # 18. Funding Information: Source of Funds Appropriation Code FY 2009 HOME 868/00205 PAS Code HMC Amount $754,154 CHDO Competitive Reallocation Source of Funds Appropriation Code P AS Code Amount $ $ ATTEST: DWIGHT E. BROCK. Clerk Approved as to form & legal sufficiency ~Q-- Colleen Greene, Assistant County Attorney By: form HUD-40093 (0412004) Agenda Item No. 16D20 September 15, 2009 Page 11 of 12 Grant No.: S-09-UC-12-0024 Official Contact: Ms. Marcv Krumbine Telephone No: 239-252-2273 FAX: 239-252-2638 E-mail Address;MarcvKrumbine@colliergov.net Tax ID No: 59-6000558 Unit of Government No: 129021 FY2~LOCALGOVERNMENTGRANTAGREEMENT EMERGENCY SHELTER GRANTS PROGRAM This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Collier County the Grantee. for FY 2009 of the Emergency Shelter Grants Program in the amount of L95,288_, This grant was authorized by Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1988), as amended (the "Act"). In addition, the grant operates through HUD's regulations at 24 CFR Part 576, as now in effect and as may be amended from time to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, to provide the Grantee with the agreed grant funds. The grantee must comply with requirements for record keeping and annual performance reporting to HUD within 90 days after the close of its consolidated program year, as required by 24 CFR 91.520. This includes the periodic information collected through HUD's Integrated Disbursements and Information System (IDIS). The grantee's IDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including racial and ethnic data on participants). This information will be used for program monitoring and evaluation purposes. The grantee agrees to comply with all applicable laws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by recipient entities which may receive funding assistance. Agenda Item No. 16D20 September 15, 2009 Page 12 of 12 The grantee agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement. The grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 USC 11375(a)(I). The following parties execute this Grant Agreement on the dates set forth below as follows: UNITED STATES OF AMERICA Secretary of ~ and ~rb~ Development By; ~H~ 8/6/2009 Signature and Date Maria R. Ortiz-Hill Name of Signatory Director of Community Planning and Development Title GRANTEE By: Signature and Date Donnn Firtln Typed Name of Signatory Chairman,Collier County Board of Commissioners Title Approved as to form & legal sufficiency ~~O .. Colle n Greene, Assistant County Attorney ~ ATTEST: DWIGHT E. BROCK. Clerk By;