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Agenda 12/16/2008 Item #16D39 Agenda Item No. 16039 December 16, 2008 Page 1 of 10 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve the budget amendment and authorize the Chairman to sign a grant agreement with the United States Department of Housing and Urban Development for Economic Development Initiative (EDI) funds in the amount of $147,000 for improvements to South Park in Immokalee. OBJECTIVE: For the Board of County Commissioners to approve and authorize the Chairman to sign a grant agreement with the United States Department of Housing and Urban Development, Economic Development Initiative (EDI) earmark as specified in the Consolidated Appropriations Action. 2008 (PL 110-161) to replace current South Park community center buildings which are aged and in poor condition. CONSIDERATIONS: On June 24.2008, the Board of County Commissioners approved this grant application (Item-16D1) with the United States Department of Housing and Urban Development for Economic Development Initiative (EDI) funds in the amount $147.000 for improvements to South Park in Immokalee. - In the fall of 2007, Parks and Recreation Department Staff met with representatives of The Ferguson Group to discuss and present a project questionnaire for the provision of public services to the citizens of Immokalee. A total of 33 county projects were originally submitted for consideration to The Ferguson Group representatives who professionally evaluated the funding potential of each project and based on opportunities available, with the Immokalee South Park Community Building project being one of nine (9) projects recommended for Collier County's Fiscal Year 2008 Federal Legislative Agenda. The Board of County Commissioners approved this project as one of their legislative priorities on February 13, 2007. This appropriation was approved as part of the Consolidated Appropriations Act. 2008 (PL 110-161), signed into law on December 26. 2007. Upon notification of the approval of the federal earmark for the community center building. staff received application forms to formally apply for the grant. After the review and processing of the application. the EDI office sent this award package and agreement that requires subsequent review and approval by the Board of County Commissioners. Funding will support the design, permitting and construction of a new community center building on county-owned property. 60-70 children per day are currently being served in tutoring. recreational activities. athletics and other programs. The EDI-SP grant funds must be obligated. or under contract. within the first three fiscal years of the appropriation and must be expended within five years of the deadline for obligation. The effective start date for the EDI-SP grant is the date that HUD signs the Grant Agreement and the HUD 1044 Assistance Award / Amendment Form. - Agenda item r~o. 16D39 December 16, 2008 Page 2 of 10 FISCAL IMPACT: The $147.000 grant funds will be used and broken down as follows per the Basic Services Fee Schedule presented by Victor J. Latavish. Architect, PA Professional Services: Architectural Engineering and Development Construction Management $29.400 and building Construction $117,600. No matching funds are required. GROWTH MANAGEMENT IMPACT: This facility is inventoried in the Growth Management Plan and is stated under Policy 3.1.2. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners approve the budget amendment and authorize the Chairman to sign the grant agreement with the United States Department of Housing and Urban Development. Economic Development Initiative earmark as specified in the Consolidated Appropriations Action. 2008 (P.L. 110-161). Prepared by: Sidney Kittila. Operations Coordinator. Parks and Recreation Page I of I Agenda Item No. 16039 December 16, 2008 Page 3 of 10 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS Item Number: 16039 Item Summary: Recommendation for the Board of County Commissioners to approve the budget amendment and authorize the Chairman to sign a grant agreement with the United States Department of Housing and Urban Development for Economic Development Initiative (EDt) funds in the amount of $147.000 for Improvements to South Park in Immokalee. 12/16/20089.0000 AM Meeting Date: Approved By Colleen Greene County Attorney Assistant County Attorner County Attorney Office Date 12/2120084:46 PM Approved By Barry Williams Public Services Director Date Parks and Recreation 1213120088:41 AM Approved By Marlene J. Foard Grants Coordinator Date Administrative Services Administrative Services Admin. 12/31200811:24AM Appro\'ed By Peter Kraley Public Services Veteran Services Director Date Veteran Services 1214120082:18 PM Approved By OMB Coordinator Applications Analyst Information Technology Date Administrative Services 12/4120084:28 PM Approved By Susan Usher Senior ManagementfBudget Analyst Office of Management & Budget Date County Manager's Office 1218/20089:10 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12191200811:41 AM file://C:\A!lendaTest\Exnort\ 11 8-Deeemher%2016.%202008\ 16.o;(,20CONSENT%20AGE.. 12/10/2008 Agenda item NO.1 6D39 December 16, 2008 Page 4 of 10 Assistance Award/Amendment U.S, Department of Housing and Urban Development Office of Administration 1. Assistance Instrument Cooperative Agreement .-...----......- -.-.--.. 3. Instrument Number B-OlI-SP-Fl-Q15a ..- -.------ 7. Name and Address of Recipient County of Collier 3301 Tamiami Trail East Naples. FL 34112 EIN: 59-6000558 'Xi Grant 4. Amendment Number - __p_o', '2. Type of Action I ~. . . . : X, Award : 5. Effective Date of this ActiOn Amendment 6. Control Number _____u__ i S. HUD Administering Office CPO. EDI Special Project Division 451 7th Street SW. Rm 7146 Washington. DC 20410-7000 88. Name of ActnintstJator 0- Tab_ Telephone Num'ber 10. Recipient Project Manager Tom HennIng , i i 9. HUD Government Technlca! Repres'entetive _._______ _ 1.- ...~~rb~ Manette . 202~70B_3773, EJdension: 4885 I 12. Payment Method i 13. HUe Payment Office I : Treasury Check Reimbursement r Chief Financial Officier , ~ Advance Check ! , 11_ ~istance Arrangement . Cost Reimbur5~ent ~ Cost Sharing .._I _X! Fi~ Price 14. Assistance Amount X: Automated Cktaringhou.se fi5. HUO;';;;;;unbng an<l !\prtJpMOtloni5ata 15a. Appropriation Number ! 15b. Reservatidn Number EID08 --.-- ---- ----.- II PrevioU!;; HUD Amount HUD Am ount this Action $147.000.00 Ij Total HUD Amount $147.000.00 II Recipient Amount Ii Total Instrument Amount $147,000,00 Ii ----. .. u ~.-_._._.- ,- -'-'--'- ,. - Amount Previously Obligated Obligation by this, Action $147.000,00 T otai ObHgatlon $147.000,00 . .. . --- un 1 16_ Description Coflier County, FL for constructfon of a Community Center in South Immokalee This Award consists of the IOlIowing items which are appended to end hereby made part of this Award: (A} Cover Page - HUD 1044 (8) Grant Agreement SDeCial Conditions: Please contact Ubaldo Cazzoli - HUn Area Environmental Officer at 3(}S-S36-4652, Ubaldo_A._Cazzoli@hud.govconcerningenvironmental review. NO FUNDS may be committed hl the project or drawn down prior to environmental release of funds approval. 17. :x, Reclplef1t is required to sign and return three (J} copies of this document to the Hun Administering Office. 19, Recipient (By Name): h_.loir~Tum Henning Signature & Title: . 18. Recipient Is not reqUited 10 sign this doc"ment. Date: 20. HUD (By Name): Otto V. Banks . SIgnature and Title:: i DAS fur Eco_nomic Development Date: Chairman Prevmus Editions are Obsolete form HUD-1044 (8190) Ref. Handbook 2210.17 proved as to form & legal sufficiency ATTEST~ DWIGHT E. BROCK, Clerk ~) Colleen Greene. A(:!,eiori.l"\t ~""l.nt.., Att,..,f"r'\O" By: Agenda Item No. 16039 December 16. 2008 Page 5 of 10 FY 2008 EDI-SPECIAL PROJECT NO. B-08-SP-FL-0168 GRANT AGREEMENT This Grant Agreement between the Department of Housing and Urban Development (HUD) and County of Collier (the Grantee) is made pursuant to the authority of Public Law 110-161 (Consolidated Appropriations Act, 2008) and a listing of certain specific Economic Development Initiative Special Projects specified in the Congressional Record of December 17, 2007. The amount shown below is 98.00% of the amount specified in the Congressional Record of December 17, 2007, because of a 2.00% reduction mandated by the Act. The Grantee's application, as may be amended by the provisions of this Grant Agreement, is hereby incorporated into this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of$147,000 available to the Grantee. The Grantee agrees to abide by the following: ARTICLE I. HUD Requirements. The Grantee agrees to comply with the following requirements for which HUD has enforcement responsibility. A. The grant funds will only be used for activities described in the application, which is incorporated by reference and made part of this Agreement as may be modified by Article VII (A) of this Grant Agreement. B. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: L For projects involving housing, the requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CPR Part 100; Executive Order I 1063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. 2. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.s.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1. 3. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CPR Part 8. Agenda item No. 16D39 December 16. 2008 Page 6 of 10 4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 5. For those grants funding construction covered by 24 CFR 135, the requirements of section 3 of the Housing and Urban Development Act of ]968, (12 D.S.C. ] 701 u) which requires that economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be given to Jow- and very low-income persons and to businesses that provide economic opportunities for these persons. 6. The requirements of Executive Orders 11625 and ]2432 (concerning Minority Business Enterprise), and 12138 concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, the Grantee must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. See 24 CFR Part 85.36(c), which describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 7. Where applicable, Grantee shall maintain records of its efforts to comply with the requirements cited in Paragraphs 5 and 6 above. C. ENVIRONMENTAL REVIEW REQUIREMENTS. 1. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee agrees to assume all of the responsibilities for environmental review and decision- making and actions, as specified and required in regulations issued by the Seeretary pursuant to the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. 2. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital, or other non-profit organization, the Grantee shall request the unit of genera] local government, Indian Tribe, or Alaskan Native Village, within which the project is located and which exercises land use responsibility, to assume all of the responsibilities for environmental review and decision-making as specified in paragraph C.I above, and the Grantee shall carry out all of the responsibilities of a recipient under 24 CFR Part 58. Agenda Item No. 16039 December 16. 2008 Page 7 of 10 D. Administrative requirements of OMB Circular A- 133 "Audits of States, Local governments and Non-Profit Organizations." E. For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requirements of OMB Circular A-87 regarding Cost Principles for State and Local Governments. For Non-Profits, the Administrative requirements of 24 CFR Part 84, including the procurement requirements of 24 CFR Part 84.40, and OMB Circular A- 122 regarding Cost Principles for Non-Profit Institutions. For Institutions of Higher Education the applicable OMB Circular regarding Cost Principles is A-2 I. F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. G. The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Workplace. H. The Unifonn Relocation Act as implemented by regulations at 49 CFR Part 24. 1. The Grantee will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8, where applicable. J. The regulations at 24 CFR Part 35, where applicable, regarding Lead-Based Paint Poisoning Prevention in Certain Residential Structures. K. The regulations at 24 CFR Part 5.109, where applicable, regarding Equal Participation of Religious Organizations in HUD Programs and Activities. ARTICLE II. Conditions Precedent to Draw Down. The Grantec may not draw down grant funds until the following actions have taken place: A. The Grantce has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying. B. Any other conditions listed in Article VII (C) of this Grant Agreement. ARTICLE III. Draw DoWns. A. A request by the Grantee to draw down grant funds under the Voice Response Access system or any other payment system constitutes a reprcsentation by the Grantee that it and all participating parties are complying with the tenns of this Grant Agreement. i\genda Item No. 16039 ml December 16, 2008 Page 8 of 10 B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the time elapsing between transfer of the grant funds and disbursement for project purposes and otherwise follows the requirements of 24 CFR Part 85 or Part 84 and Treasury Circular 1075 (31 CFR Part 205). C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which are exempt from environmental review under 24 CFR Part 58 and may charge the costs to the grant. ARTICLE IV. Progress Reports. A. The Grantee shall submit to the Grant Officer a progress report every six months after the effective date of the Grant Agreement. Progress reports shall consist of (I) a narrative of work accomplished during the reporting periOd and (2) a completed Financial Status Report - Form 269 A. HUD may require additional information or increased frequency of reporting as described in Article VII ( C ). B. The performance reports must contain the information required under 24 CPR Part 85.4O(b) (2) or 24 CFR Part 84.5 I (a), as applicable including a comparison of actual accomplishment to the objectives indicated in the approved application, the reasons for slippage if established objectives wcre not met, and additional pertinent information including explanation of significant cost overruns. C. No grant drawdowns will be approved for projects with overdue progress reports. ARTICLE V. Project Close-out. A. The grantee shall submit to the Grant Officer a written request to close-out the grant 30 days after the grantee has drawn down all funds and completed the activities described in the application, as may be amended. The final report shall consist of (1) a narrative of all work accomplished during the project period and (2) a completed Financial Status Report - Form 269 A covering the entire project pcriod. HUD will then send the Closc-out Agreement and Close-out Certification to the Grantee. At HUD's option, the Grantee may delay initiation of project close-out until the re,olution of any HUD monitoring findings. IfHUD cxcrciscs this option the Grantee must promptly resolve the findings. B. The Grantee recognizes that the close-out process may entail a rcview by HUD to dctermine compliance with the Grant Agreement by thc Grantee and all participating parties. The Grantee agrees to cooperate with any review in any way possible, including making available records requested by HUn and the project for on-site HeD inspection. I I, ~. December 16. 2008 Page 9 of 10 C. The Grantee shall provide to HUD the following documentation: I. A Certification of Project Completion. 2. A Grant Close-out Agreement. 3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of OMB Circular A-122, A-87 or A-2l as applicable, including the "necessary and reasonable" standard); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a comparison of actual accomplishments with each of the project commitments and objectives in the approved application, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. D. The Grantee agrees that the grant funds are allowable only to the extent that the project costs, meeting the standard of OMB Circular A-122, A-87 or A-21 as applicable, equal the grant amount plus other sources of project funds provided. E. When HUD has determined that the grant funds are allowablc, the activities were completed as described by the Grant Agreement, and all Federal requirements were satisfied, HUD and the Grantee will sign the Close-out Agreement and Close-out Certificate. F. The Close-out Agreement will include the Grantee's Agreement to abide by any continning federal requirements. ARTICLE VI. Default. A default under this Grant Agreement shall consist of using grant funds for a purpose other than as authorized by this Agreemcnt, any noncompliance with legislative, regulatory, or other requirements applicable to the Agreement, any other material breach of this Agreement, or any material misrepresentation in the application submissions. ARTICLE VII. Additional Provisions. A. Project Description. The project is as described in the application with the following changes: B. Changes or Clarification to the Application Related to Participating Parties: The Administrative Agent if any: C. Special Conditions: The Consolidated Appropriations Act. 2008 provides that no funds made available under the Act may be used to support any Federal, State or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For purposes of this provision, public use shall not be construed to include economic development that primarily benefits private entitites. 'l"I""''1 December 16, 2008 Page 10 of 10 U.S. Department of Housing and Urban Development County of Collier Mr. Tom Henning Authorized Signature Authorized Signature Otto V. Banks ...-...-... .- Deputy Assistant Secretary for Economic Development Title Date Date @~:~:-~~ Assist!ll1l County Attomey ATTES1: DWIGHT E. BROCK, Clerk By: I