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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-029Temporary Resolution #11574 February 2, 2009 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- J 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN AMENDMENT TO THE PROJECTS RECOMMENDED FOR INCLUSION IN THE FISCAL YEAR 2008 ANNUAL ACTION PLAN FOR EXPENDITURE OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ESTIMATED TO BE $418,811 FOR THE NINTH PROGRAM YEAR (CASE NO. 5-MI-09); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 9, 2008, the City Commission of the City of Tamarac ("City") adopted Resolution No. R-2008-98 which approved the inclusion of specific projects within the Fiscal Year 2008 Annual Action Plan for the expenditure of the U.S. Department of Housing and Urban Development Community Development Black Grant ("CDBG") Funds in an amount estimated to be $418,811 for the City's Ninth Program Year; and WHEREAS, previously, the City of Tamarac adopted the City of Tamarac Five Year Consolidated Plan for FY 2005-2010 via resolution R-2005-151 which established the City's strategic priorities for the CDBG program during this period; and WHEREAS, funding received for the CDBG program must be utilized for eligible CDBG activities; and WHEREAS, each year a new Annual Action Plan is required to detail projects, activities, and programs to be funded by that year's funding allocation in compliance with Temporary Resolution #11574 February 2, 2009 Page 2 of 4 the adopted Consolidated Plan; and WHEREAS, the City desires to amend the Fiscal Year 2008 Annual Action Plan to provide for the re -allocation of CDBG Funds in order to provide additional services and to fund new programs, as provided in Exhibit "A" which is attached hereto and incorporated herein by reference; and WHEREAS, the City Commission finds that this amendment to the Fiscal Year 2008 Annual Action Plan meets one of three national objectives, as defined by Congress, including benefiting low and moderate income people, helping to eliminate slum and blight, or addressing existing conditions that pose a serious or immediate threat to the health and welfare of the community; and WHEREAS, the amendment to the Annual Action Plan requires a public hearing process to solicit input in the development and review of the plan; and WHEREAS, the Planning Board of the City of Tamarac was selected to participate in one of the required hearings regarding recommendations for proposed uses of the CDBG funding; and WHEREAS, the first portion of the public participation has been completed; and WHEREAS, upon the passage and adoption of this resolution a thirty (30) day public review period will be advertised in order to gather additional public input; and WHEREAS, the Community Development Director and the Planning Board recommend the approval of the projects contained in this amendment to the Ninth Program Year Annual Action Plan for Fiscal Year 2008; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in Temporary Resolution #11574 February 2, 2009 Page 3of4 the best interest of the citizens and residents of the City of Tamarac to approve this amendment to the Fiscal Year 2008 Annual Action Plan for expenditure of the U.S. Department of Housing and Urban Development Community Development Block Grant funds estimated to be $418,811 for the Ninth Program Year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the City Commission hereby approves the amendment to the Fiscal Year 2008 Annual Action Plan for expenditure of the U.S. Department of Housing and Urban Development Community Development Block Grant funds estimated to be $418,811 for the Ninth Program Year, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. Temporary Resolution #11574 February 2, 2009 Page 4 of 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS c2'DAY OF �i.-, 2009. r ATTEST: rr �.A,� I ri, 4 A M -RION SW NSON, CIVIC - 69TY CLERK I HEREBY CERTIFY that I Have approved this RESO tON as to form. CITY ATTORNE A FA B. TALABISCO P. BUSHNELL �-' .•� -" P. ATKINS-GRAD D. GLASSER -� H. DRESSLER 1 7 1 Exhibit "A" CITY OF TAMARAC Community Development Block Grant (CDBG) Program Fiscal Year 2008 Annual Action Ninth Program Prepared by: City of Tamarac Community Development Department 7525 NW 88th Avenue Tamarac, FL 33321 Submitted to: Broward County, Florida Community Development Division and U.S. Department of Housing and Urban Development The Office of Community Planning and Development July 2008 INTRODUCTION....................................................................................................... 4 CommunityDescription....................................................................................... 4 CITYMAP................................................................................................................. 5 FISCAL YEAR 2008 ANNUAL ACTION PLAN ........................................................ 6 PROPOSED FY 2008 CDBG PROJECTS................................................................ 8 Residential Rehabilitation.....................................................................................8 Public Service -Support Group/Counseling................................................8 Public Service -Temporary Full -Time Social Worker ......................................... 8 Fitness "it Starts in the Parks" Educational Campaign ............................... 8 Public Service-Meditation/Arthritis Tai Chi................................................9 Public Facilities and Improvements/Area-Wide Low Moderate Area (Sidewalks) ............... 9 AuditingServices...................................................................................9 Program Administration................................................................................... 9 ACTIVITY DISTRIBUTION..........................................................................10 HOME INVESTMENT PARTNERSHIPS (HOME) ................................................... 10 CONSISTENCY WITH CONSOLIDATED PLAN ............................................ 11 OTHER ACTIONS AND ACTIVITIES.......................................................... 11 Barriers to Affordable Housing............................................................. 11 FairHousing.......................................................................................12 LeadBase Paint................................................................................................. 12 CITIZEN PARTICIPATION PROCESS................................................................... 13 PERFORMANCE MEASUREMENT.............................................................14 INSTITUTIONAL STRUCTURE AND COORDINATION...................................16 Institutional Structure..........................................................................16 Continuum of Care..............................................................................16 Anti -displacement and Relocation Plan ................................................. 16 CERTIFICATIONS.................................................................................. 17 Affirmatively Further Fair Housina....................................................... 17 Anti -displacement and Relocation Plan ................................................ 17 DrugFree Workplace........................................................................................ 17 Anti-Lobbying.....................................................................................18 Authority of Jurisdiction..................................................................... 19 Consistency with plan......................................................................... 19 Section3........................................................................................... 19 Citizen Participation........................................................................... 20 Community Development Plan........................................................................ 20 Followinga Plan................................................................................................. 20 Useof Funds.................................................................................................. 20 ExcessiveForce................................................................................................. 21 Compliance With Anti -discrimination Laws ................................................... 21 Lead -Based Paint............................................................................................... 21 Compliancewith Laws...................................................................................... 21 APPENDIX TO CERTIFICATIONS......................................................................... 22 Lobbying Certification............................................................................ 22 Drug -Free Workplace Certification........................................................ 22 MONITORING STANDARDS AND PROCEDURES ............................................... 24 APPENDIXI...........................................................................................................28 PUBLIC NOTICE................................................................................................. 28 City of Tamarac — Action Plan FY08 2/19/2009 4:48:31 PM INTRODUCTION Community Description The City of Tamarac is centrally located in the Tri-County areas of Palm Beach, Broward and Miami -Dade. The City occupies twelve square miles and is easily accessible from the Sawgrass Expressway and the Florida Turnpike. Tamarac offers all the delights of the South Florida climate with a highly desirable business environment. Well -kept homes, lush golf courses, and plentiful modern recreation facilities make residents happy to call Tamarac "home". From fishing, hunting and boating in the Everglades on our western boundary, to the Atlantic Ocean in the east, there are an abundance of water -oriented activities to engage in. Nature trails and bike paths wind around neighborhoods and public parks adding to the gracious living in Tamarac. The city has a state of the art Community Center, and new Aquatic Facility, and Tamarac Elementary School was named a National School of Excellence. All of this, and Tamarac remains one of Florida's most rapidly growing cities having surpassed 50,000 in population. The City of Tamarac has experienced significant growth since its incorporation in 1963. The population has increase more than ten -fold from 5,078 in 1970 to an estimated 60,639 in 2008. A corresponding change in the demographics of the community has also been seen. As the population grows younger, different types of services, public facilities, commercial enterprises, employment opportunities, and educational institutions are needed. Broward County has responded tot his growth by building a new elementary and middle school, and a new library in Tamarac. Accompanying this rapid growth has been a transition to an active business community. Tamarac today offers an array of employment opportunities and maintains the lowest crime rate of any City its size in Broward County. More and more young families are moving to Tamarac to take advantage of the high quality of life offered in the City. Tamarac operates under a city commission/city manager form of government. Residents elect their Mayor -at -large and each of four City Commissioners from single - member electoral districts. Tamarac's customer -first' orientation is a secret to the City's recent economic and community development successes. The City promises businesses and residents a professional "customer service that is second to none." City of Tamarac --Action Plan FY08 4 2119/2009 4:48:31 PM CITY MAP Low and Moderate Income % By Blockgroup 4 JIV City LftWU 204001 20i1111 27.1 28.8 284062 Census Rlockgroup 461 % Low And Moderate Income 10.$ . 30.7 204112 I yl , ` 90.7 -4$0 36.7 48.0.58:7 � rii1 36.2 y �pr 9010A1 18.9 33.8 1 0 1 Mies Ode Sov— TOM. 6 o/ COGS Con"IM Mtb RM This mop it lot ponold display pttpowt ody. play 91, Mtl5, City of Tamarac —Action Plan FYO8 5 2/19/2009 4:48:31 PM FISCAL YEAR 2008 ANNUAL ACTION PLAN As a U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) entitlement community, the City of Tamarac submits this proposed FY 2008 Annual Action Plan to HUD after allowing for public comment through public notice, public review, and public hearing by the City Commission of the City of Tamarac, Florida. Resources for FY 2008 Federal Community Development Block Grant $418,811 Home Initiatives Partnership (HOME) $129,377 Other State Housing Initiatives Partnership (SHIP) $532,360 The FY 2008 Program Year includes an estimated $418,811 in CDBG funds, and $129,377 in HOME funds. Other non-federal sources of funding include approximately $532,360 from the State Housing Initiative (SHIP) program and an estimated $60,000 in program income for that program. SHIP funds are allocated to housing in accordance with the Local Housing Assistance Plan (LHAP) adopted by the City Commission. The City of Tamarac has also received $723,804.00 for 2005 Disaster Recovery Initiative Program funds. These funds are intended to assist residents whose properties were damaged during the 2005 Hurricane season, specifically those "red -tagged" after Hurricane Wilma. The City will address residential rehabilitation of multi -family and single-family properties, as well as Relocation Assistance. Additionally, the City received supplemental funding for 2005 Disaster Recovery Initiative Program in the amount of $593,339.51. These funds have been allocated to Disaster Mitigation. City of Tamarac —Action Plan FY08 2/19/2009 4:48:31 PM ACTIVITIES Ten (10) activities were proposed by the various City departments. All ten activities were eligible and eight (8) were recommended for funding. The FY 2008 Annual Action Plan addresses the City's priorities of Maintenance of the Affordable Housing Stock and Public Services in the following activities: Community Development Block Grant (CDBG): Home Rehabilitation $ 42,608.80 Meditation/Tai Chi $ 3,120.00 Counseling/Support Group $ 6,020.00 Social Worker $ 50,280.00 Fitness "It Starts in the Parks" $ 3,020.00 Sidewalks $230,000.00 Auditing Services $ 5,500.00 Program Administration $ 78,262.20 State Housing Initiative Partnership (SHIP): Residential Rehabilitation $151,727.00 Storm Shutter/Impact Resistant $ 30,000.00 Disaster Mitigation $ 75,000.00 Code Correction $ 40,000.00 Purchase Assistance $190,000.00 Program Administration $ 46,000.00 Home Investments Partnership (HOME): Residential Rehabilitation $129,377.00 City of Tamarac —Action Plan FY08 7 2/19/2009 4:48:31 PM FY 2008-2009 PROPOSED PROJECTS DESCRIPTIONS Residential Rehabilitation (Minor Home Repair) $ 42,608.80 This activity will provide minor home repairs to a minimum of two low to moderate - income households who are experiencing conditions in and around the home that pose a threat to health, safety, and welfare of the household occupants. This project will be carried out on a citywide basis. This activity is eligible under 24 CFR Section 570.202(a) and will benefit low and moderate -income households on an area -wide basis. Public Service (Support Group) $ 6,020.00 This activity will include funding for support groups to individual's, families, and single mothers as a result of continuing family issues (bereavement, mental health, parenting skills). Approximately eighty (80) unduplicated clients will be served by the various Support Group this fiscal year. These activities are eligible under 24 CFR section 570.201(e), and will benefit low and moderate income persons as qualified under 570.208(a)(2), limited clientele. Public Service (Temporary Full -Time Social Worker) $ 50,280.00 This activity will include funding for a temporary full-time social worker to provide information and referral services to elderly residents, ongoing case management, implementation of the Senior Program and the Volunteer Program, addressing an average of 60 calls a month and managing a caseload of about 35 a week. Approximately one hundred and twenty (120) unduplicated clients will be served by the Social Worker this fiscal year. These activities are eligible under 24 CFR section 570.201(e), and will benefit low and moderate income persons as qualified under 570.208(a)(2), limited clientele. Public Service (Fitness "It Starts in the Parks") $ 3,020.00 This activity will include funding for an initiative of the Florida Recreation and Park Association intended to better position parks and recreation to focus on public education on fighting obesity, conditioning of healthy choices in nutrition, and the importance of daily physical activity. "It Starts in the Parks" is a 10 week program that will track and measure each individual's progress. Approximately seventy-five (75) unduplicated clients will be served by the Fitness Campaign this fiscal year. These activities are eligible under 24 CFR section 570.201(e), and will benefit low and moderate income persons as qualified under 570.208(a)(2), limited clientele. City of Tamarac —Action Plan FY08 8 2/19/2009 4:48:31 PM Public Service (Meditation and Arthritis Tai Chi) $ 3,120.00 This activity will include funding for classes that will be offered to elderly residents providing exercise and meditation to assist those coping with stress. Approximately one hundred and forty four (144) elderly residents will participate in the Arthritis Tai Chi and Meditation classes as qualified under 570.201(e) Public Services. Area -Wide Low -Moderate Neighborhood Benefit $ 230,000.00 (Installation of Sidewalks) The activity will provide for installation of sidewalks in low -moderate income neighborhoods. There are no existing sidewalks at these locations and the installation will improve accessibility and allow for area -wide benefit. This activity is eligible under 24 CFR Section 570.208 (a) (1) Auditing Services $ 5,500.00 Since the FY 2009 CDBG program is an expenditure driven program that may result in total federal expenditures exceeding $500,000, the City is required under the U.S. Single Audit Act and the OMB Circular A-133 to have an annual compliance audit conducted. These activities are presumed to benefit low and moderate -income persons and are eligible under 24 CFR 570.206(a). Program Administration $ 78,262.20 This activity will provide general management, oversight, and coordination of the programs. Also, this activity will provide for an annual grant audit, and provide provision of fair housing services designed to further the fair housing objectives of the Fair Housing Act, 42 U.C.C. 3601-20. These activities are presumed to benefit low and moderate -income persons and are eligible under 24 CFR 570.206(a). City of Tamarac — Action Plan FY08 9 2/19/2009 4:48:31 PM ACTIVITY DISTRIBUTION In accordance with the Consolidated Plan, and the Local Housing Assistance Plan (LHAP), the City has addressed the needs within the community and distributed funds accordingly. Total Distributed $418,811.00 FY 2008 Activity Distribution For Allocation of $418,811 0 Administration -19% ■ Auditing Services -1 % 0 Public Services -15% E3 Home Rehabilitation - 10% ■ Sidewalks - 55% HOME INVESTMENT PARTNERSHIPS (HOME) Broward County has been designated as a consortium in the Home Investments Partnership (HOME) program. The County receives an annual allocation of HOME funds, which is distributed among the cities participating in the consortium. These funds will enable members of the consortium to expand their initiatives to provide safe, decent, and affordable housing to their residents. With the additional HOME funds, the City can increase the resources available for home rehabilitation. An additional four (4 to 6) homeowners can be assisted because of HOME funds. Participation in the Broward County HOME Consortium also provides advantages beyond additional funding. The consortium allows the cities to collaborate on best practices, share knowledge, leverage resources, and exchange technology on the provision of affordable housing. The ultimate and cumulative advantage of participating in the consortium is the enhanced capacity of the consortium members to provide their residents with affordable housing. The added values of quality housing in these cities City of Tamarac —Action Plan FY08 10 2/19/2009 4:48:31 PM include the ability to attract new businesses and working families and a reduction in code compliance issues that can translate into reduced crime and vandalism. During 2007, the City entered into an Interlocal Agreement to administer its own HOME funds in-house. Staff is now able to provide the residents with direct access and assistance in the applying for, and processing of HOME funds. CONSISTENCY WITH CONSOLIDATED PLAN The local Planning Board met May 7, 2008 at 9:00 AM to make recommendations on the FY08 Annual Action Plan. No public comment was received during this public hearing. Funding from SHIP, CDBG, and HOME programs will be used to help meet the identified needs. Activities proposed in this plan are consistent with the City's 2005- 2010 Consolidated Plan. The City's priorities identified in the Consolidated Plan are 1) Housing and 2) Public Service. This proposed FY08 Action Plan includes projects supporting these two priorities including the housing rehabilitation program, the services of a full-time social worker. OTHER ACTIONS AND ACTIVITIES Barriers to Affordable Housing The City continues to support affordable housing efforts by focusing on the grants available through the CDBG, SHIP and HOME programs. By partnering with Broward County Home Consortium and Florida Housing Finance Authority, the City is able to refer residents for home ownership counseling and lender's programs as a way to negate predatory lending. The City also has lender requirements which must be met in order to fund individual requests for assistance to ensure fair housing practices. The City of Tamarac is a participating member of the Broward Housing and Community Development Task Force which allows for participating agencies to share commons barriers to affordable housing and important resources to overcoming them. The Task Force addresses foreclosure prevention, fair housing, incentives, and any other topics related to housing and community development. The City currently has several incentive strategies for builders and developers working with affordable housing programs that target very low, low and moderate households. City of Tamarac — Action Plan FY08 2/19/2009 4:48:31 PM Incentive Strategies: • Permits, as defined in s. 163.3164(7) and (8), for affordable housing projects are expedited to a greater degree than other projects. • The City expedites the processing of affordable housing permits through a pre -application conference. • Affordable housing projects are identified by sales price consistent with the SHIP program's housing value limits. • The building and Community Development Departments have employees that serve as liaisons with developers of affordable housing to assist in the permit process. • Affordable housing projects are stamped "EXPEDITED." Fair Housing The City hired a fair housing consultant (Housing Opportunities for Project Excellence, H.O.P.E., Inc) during the 2007 fiscal year to complete an update to its Analysis of Impediments to Fair Housing and prepare and action plan for the City's Fair Housing events in the upcoming year. Fair Housing is promoted during community events, workshops, and as part of the one-on-one housing counseling at the staff level. The Fair Housing Action Plan consists of updating the City's Analysis of Impediments, conducting Fair Housing educational outreach sessions, distributing Fair Housing and Predatory Lending educational materials, conducting in partnership with other jurisdictions a National Fair Housing Month event, and publishing several Public Service Announcements. Additionally, the H.O.P.E, Inc. Discrimination Hotline phone number has been added the City's website. Lead Base Paint The City implements and evaluates Lead -Based Paint regulation. Each applicant is screened through the application process by determining whether the house was built prior to 1978. All homes built prior to 1978 are inspected with the City's consultant CHMM, Inc., a Florida corporation with principal offices located at 1605 SW 17th Avenue, Fort Lauderdale, FL 33312 (Contractor) for the purpose of providing lead based paint assessments for the City of Tamarac. CHMM, Inc. will evaluate the home with a Visual Assessment, Paint Testing, or Risk Assessment (or Lead Hazard Screen). The Residential Lead -Based Paint Hazard Reduction Act of 1992, also known as Title X of the Housing and Community Development Act of 1992, amended the Lead -Based City of Tamarac —Action Plan FY08 12 2/19/2009 4:48:31 PM Paint Poisoning Prevention Act of 1971 (Lead Act), which established the current Federal Lead -based paint requirements. The new lead -based paint regulation implements sections 1012 and 1013 of this Act. The new regulation appears within title 24 of the Code of Federal Regulations as part 35 (24 CFR 35.105). HUD has issued a new regulation to protect young children from the poisoning hazards of lead -based paint in housing that is financially assisted or sold with federal government resources. The regulation, which took effect September 15, 2000, increased the requirements in current lead -based paint regulations. The regulation does not apply to housing built after January 1, 1978, when lead -based paint was banned for residential use. It is important to note that most of Tamarac' housing was built after 1978. A pamphlet "Protect Your Family from Lead in Your Home" is given to each applicant explaining to them the effects of Lead to adults and children. All homes receiving CDBG funds that meet the criteria for Lead -Based Paint are being tested. More attention is placed on eliminating lead dust and the new regulation outlines clean- up and final clearance procedures. Occupants must receive notification of lead -based paint hazards. In general, for homes built prior to January 1, 1978, all lead -based paint must be either stabilized or removed; and dust testing must be performed after the paint has been disturbed to ensure that a house is lead -safe. CITIZEN PARTICIPATION PROCESS The City held a series of public hearings to develop and finalize the FY 2008 Annual Action Plan. The first public hearing was held on May 7, 2008 during the City Planning Board meeting to collect project proposals and input during the development of the plan. No public comment was received. Planning Board and City staff produced a list of recommended projects for review by the City Commission and the public. The City Commission was presented with the recommended projects and a public hearing was held on May 14, 2008. The City then advertised a 30-day public review period to collect any additional comments and approve the plan. The Plan was available for review in the City, 7525 NW 88th Avenue, Tamarac, FL 33321, in the City's Clerk Office for the required 30-day period from May 28, 2008 to June 27, 2008. There were no inquiries or comments during the 30-day review period. July 9, 2008 the final public hearing was held during the City Commission meeting at which time the FY 2008/2009 CDBG Annual Action Plan was adopted. All hearings and review periods were advertised in the Sun -Sentinel. The hearing and review schedule was as follows: City of Tamarac — Action Plan FY08 13 2/19/2009 4:48:31 PM Advertisement for Public Hearing with City Planning Board First Public Hearing at the Planning Board for input of activity proposals Advertisement for Public Hearing with the City Commission City Commission approval and review and public hearing of recommended activities Advertisement for 30-day review period and final Public Hearing on proposed FY 2008 Annual Action Plan Beginning of 30-day review period End of 30-day review period Final Public Hearing with City Commission to approve the FY2008 Annual Action Plan Vt Amendment Public Notice 18t Amendment Public Hearing 1 st Amendment Approval at City Commission ON -GOING COORDINATION April 27, 2008 May 7, 2008 May 4, 2008 May 14, 2008 May 18, 2008 May 28, 2008 June 27, 2008 July 9, 2008 February 22, 2009 February 25, 2009 February 25, 2009 Throughout the year, City staff participate in several community events, outreach efforts, educational workshops, public service announcements, and invitational guest speaking opportunities at various communities, boards, organizations, non -profits, and for -profits to assess the needs of the community and share information with the residents of Tamarac as to the availability of funds. 1i1ilzf_F--19104L'i1=1►kI The City plans to fund the above activities to produce outcomes that fulfill HUD's objectives as follows: Accessibility, Affordability, and Sustainability for the purpose of creating suitable living environments. Project: Rehabilitation Winor Rehabilitation) Public Service (Support Groups, Social Worker, Fitness class and Meditation/Arthritis Tai Chi classes) Area -Wide Low Mod Benefit (Sidewalks in Low -Mod Neighborhoods) City of Tamarac —Action Plan FY08 14 2/19/2009 4:48:31 PM Accessibility, Affordability, and Sustainability for the purpose providing decent affordable housing. Project: Residential Rehabilitation PERFORMANCE MEASUREMENTS FY 2008-2009 Minor Home CDBG, SHIP, F Number of homes 1 Rehabilitation HOME assisted 2 -PER YEAR DH-2 rupillo • service, Number of Support unduplicated residents 80 residents 2 Groups CDBG & CITY attending PER YEAR SL-1 Number of unduplicated residents 75 residents 3 Fitness Class CDBG & CITY participants PER YEAR SL-1 120 Temporary Number of unduplicated Full -Time unduplicated residents 4 Social Worker CDBG & CITY clients/cases PER YEAR SL-1 144 Meditation and Number of unduplicated Arthritis Tai Chi unduplicated residents residents 5 Classes CDBG & CITY participating PER YEAR SL-1 n 3 l�Y�1lRt)lllty/ �di }�� VtIYoOF r ,d 4 Decent Housing DH-1 DH-2 DH-3 Suitable Living Environment SL-1 SL-2 St,-3 Economic Opportunity EO-1 EO-2 EO-3 City of Tamarac —Action Plan FY08 15 2/19/2009 4:48:31 PM INSTITUTIONAL STRUCTURE AND COORDINATION Institutional Structure The City of Tamarac administers the CDBG program. The housing component is provided through the Community Development Department. Public service activities' are provided through the Parks and Recreation Department. The Community Development Department's Housing Division will provide oversight to ensure the services provided are in accordance with all statutes, rules, regulations, ordinances, and this plan. The City will also maintain financial oversight through the payment of contractors and routine audits of financial records. Continuum of Care The City will work with the County, and local non-profit social service and housing providers to fully support the countywide Continuum of Care system to assist homeless families and individuals. As a member of the Broward Housing and Community Development Task Force, city staff are availed to several partnerships and contact to be sure all the needs of Tamarac's residents are met. Internal partnerships within the City government al serve as a way to meet the needs of the residents with Code Compliance out in the field on a daily basis, HOA attended meetings by City staff, expos and events year round throughout the City, Citizen surveys, and other checks and balances to reach the Tamarac community. Anti -displacement and Relocation Plan The City of Tamarac has incorporated and will comply with the acquisition and relocations requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations 49 CFR 24: and it has in effect and is following a residential anti -displacement 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 and HOME programs. City of Tamarac — Action Plan FY08 16 2/19/2009 4:48:31 PM CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further „Fair ,Housing -- The City of Tamarac will affirmatively further fair housing. An analysis of impediments to fair housing choice within the jurisdiction has been conducted in the past, and an update was completed within the FY07 funding cycle. The jurisdiction will take appropriate actions to overcome the effects of the impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan -- The City of Tamarac will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti -displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- The City of Tamarac will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about: (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1. 4. Notifying the employee in the statement required by paragraph 1 City of Tamarac —Action Plan FY08 17 2/19/2009 4:48:31 PM that, as a condition of employment under the grant, the employee will: (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten (10) calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free ugh implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief: 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, City of Tamarac —Action Plan FY08 18 2/19/2009 4:48:31 PM 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 Farm-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and The City of Tamarac 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 funds are consistent with the strategic plan. Section 3 -- The City of Tamarac will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Jeffrey L. Miller, City Manager City of Tamarac —Action Plan FY08 19 2/19/2009 4:48:31 PM Date SPECIFIC CDBG CERTIFICATIONS The City of Tamarac certifies that: Citizen Participation -- The City of Tamarac is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- The City of Tamarac's consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- The City of Tamarac is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds - - The City of Tamarac has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, The City of Tamarac certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available; 2. Overall Benefits. The aggregate use of CDBG funds including Section 108 loan guaranteed during program year(s) 2008/2009 (10/1/08 - 9/30/07) (a period specified by the grantee consisting or 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; 3. Special Assessments. The City of Tamarac will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, City of Tamarac —Action Plan FY08 20 2/19/2009 4:48:31 PM an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. 4. The City of Tamarac will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- The City of Tamarac has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination Laws - - The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2001d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint -- The City of Tamarac's notification, inspection, testing and abatement procedures concerning lead -based paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws -- The City of Tamarac will comply with applicable laws. Jeffrey L. Miller City Manager City of Tamarac —Action Plan FY08 21 2/19/2009 4:48:31 PM Date APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS: A. Lobbyina Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug - Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the City of Tamarac — Action Plan FY08 22 2/19/2009 4:48:31 PM change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 4, Subpart F. 7. Definitions of terms in the Non -procurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules "I" through "V" of the Controlled Substances Act (21 U.S.C.812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contend ere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug „statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (1) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or Involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are not on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of sub -recipients or subcontractors in covered workplaces). City of Tamarac —Action Plan FY08 23 2/19/2009 4:48:31 PM TAMARAC FY 2005 - 2010 FIVE YEAR CONSOLIDATED PLAN MONITORING STANDARDS AND PROCEDURES The City of Tamarac Monitoring Standards and Procedures cover activities and programs funded by the Community Development Block Grant Program (CDBG). This document includes standards and procedures that will be used to monitor City funded activities in the major categories of Housing, Living Environment, and Economic Opportunities as prioritized in the FY 2005 - 2010 Five Year Consolidated Plan. The extent to which barriers to affordable housing can be removed and minority business outreach initiatives are effective will also be monitored for performance purposes. The City will monitor the extent to which its Consolidated Plan is consistent with its Comprehensive Plan. Sub -recipients approved for funding agreements under the CDBG program are provided a Procedures Manual for Sub -recipients. This manual illustrates the standards and procedures they must comply with in order to fiscally and programmatically work effectively with the City of Tamarac. Also, the funding agreement includes, under Exhibit "C", a timetable/schedule for projects. This is comprised of specific work tasks, a start-up date and a completion date. Sub -recipients are also required to submit, under Exhibit "D", Monthly Progress Reports, chronologically detailing the steps taken to meet the quantifiable objectives enumerated in Exhibit "C". Monthly Progress Reports are intended to provide an update on a sub -recipients progress in meeting agreed upon objectives; they should include federally mandated reporting information, such as, matching contributions, contracts let to minority and women owned businesses and statistics on any relocations. In certain instances, additional information is required of sub -recipients so that Broward County Community Development Division staff working on behalf of the City can effectively engage in desk monitoring activities. Items such as environmental review documents, documentation provided by escrow/title companies, etc., necessary for determining compliance with certain policies may be requested as necessary. In-house staff monitors the timely expenditure of CDBG program funds on an on -going basis. Monthly Progress Reports, reimbursement requests and IDIS draw downs are tracked and documented regularly to ensure that HUD expenditure rates are met. If expenditure rates fall below the norm, staff contacts sub -recipients immediately to try to resolve any impediments to getting CDBG funds spent in a timely manner. If a sub - recipient cannot move forward in a timely manner due to circumstances beyond their control, funds will then be reprogrammed and used for activities where they can be expended in a more expeditious manner. The City identified the major categories of Housing, Living Environment, and Economic Opportunities as high priorities in the FY 2005-2010 Consolidated Plan. A few of the activities implemented under these categories are carried out by sub -recipients. The sub -recipients are generally non-profit organizations. Actions to be taken toward monitoring performance in meeting goals and objectives are as noted: City of Tamarac — Action Plan FY08 24 2/19/2009 4:48:31 PM 1. Staff will conduct desk monitoring during all stages of each project based on a combination of risk analysis and random sample. Documented desk monitoring includes the following: a detailed review of the sub -recipient's agreement, including national objectives, eligible activities, cost reasonableness, anti -speculation, citizen and public participation and certifications; requests for payment; ERR; procurement and contracting; acquisition; construction bids/contracts; labor standards, weekly payrolls employee reviews; Section 3; housing rehabilitation guidelines; home ownership assistance guidelines; monthly progress reports; sub -recipient agreements' closeout reports and audits. After a document such as a monthly progress report is desk monitored, the sub -recipient is notified in writing, as to whether the document is compliant or what corrective actions are needed with a date for such to be completed. 2. Staff will also conduct on -site monitoring visits at least twice a year for non- profit organizations and once a year for governmental organizations. Additionally, the frequency of an on -site visit may be based on risk analysis which takes into account the following: prior desk and on -site monitoring of both the specific project being reviewed and prior projects; the knowledge and experience of the administrative staff; staff turnover; the date of the last on -site visit; the nature and complexity of project undertaken; project revisions; audit concerns and complaints. During the on -site monitoring, samples of files are reviewed and the project sites are visited to ensure conformance with the information in the inter -agency agreement. The City contracts with three local General Contractors. Before funds are committed, the inspectors visit the site and prepare a work write-up. This includes a list of all items to be constructed, repaired or replaced or replaced. A cost estimate is listed for each item. Code violations are identified and must be included in the work write-up with an estimated cost associated with them. The Contractor conducts on -site inspections during the time that construction is underway to ensure that all rehabilitation and reconstruction projects funded by CDBG funds comply with City Housing Codes and Housing Quality Standards. Funds are not released until the project has passed a substantial completion walk through and a certificate of occupancy is issued. Fiscal monitoring is conducted at least twice a year for every non-profit sub -recipient. At least one fiscal monitoring visit per year is conducted for each governmental sub - recipient. Fiscal monitoring visits cover the following: 1. Financial management of governmental activities will be reviewed for compliance with applicable requirements of 24 CFR 85.20 entitled "Standards for Financial Management Systems"; CFR 85.26 "Non - Federal Audits"; CFR 85.42 "Retention and Access Requirements for Records". City of Tamarac —Action Plan FY08 25 2/19/2009 4:48:31 PM Financial requirements for non-profit entities will be reviewed for compliance with requirements of OMB Circular A-110, Subpart C, Sections 110.20-110.28 and 110.50-110.53 on Financial Management Systems. 2. Procurement procedures will be examined to determine compliance with CFR 85.36 (governmental entities) and OMB Circular A-110, Subpart C, Sections 110.40-110.48 (non -profits). 3. Cost allow ability will be checked by a review of expenditures for compliance with the sub -recipient agreement and OMB Circulars A-87 (governmental entities) and A-122 (non-profit organizations). 4. All sub -recipients expending more than $5,000 of grant funds from the City are required to provide an organization -wide audit prepared by an Independent Certified Public Accountant licensed by the State of Florida, in accordance with Generally Accepted Accounting Principle and OMB Circular -133 entitled Audits of States, Local Government and Non -Profit Organizations" as applicable. This report will be used as an essential tool in the monitoring of sub -recipients. 5. Prior to receipt of any grant funds, new recipients will be visited to ensure that they have an adequate accounting system in place with proper controls to account for all grant funds and to safeguard City assets. Programmatic, on -site monitoring will be conducted at least twice a year by Monitoring Unit staff utilizing both fiscal and programmatic monitoring checklists. These checklists are an attachment to the Monitoring Plan. Additional monitoring visits may be conducted if needed to review non-profit sub -recipients. Governmental sub -recipients will be monitored at least once per year. Monitoring visits may be conducted for new sub -recipients when they are initially funded. They will also be monitored once sufficient progress has been made with their scope of services so that a valid judgment can be made, yet early enough to avoid major problems. Monitoring Unit staff will: Analyze sub -recipients to determine strengths and weaknesses. 2. Monitor actual performance against the activities timetable in the sub - recipient agreement. 3. Make sure all documents/reports are submitted to the Community Development Division in a timely manner. 4. Review client files for eligibility as applicable. City of Tamarac —Action Plan FY08 26 2/19/2009 4:48:31 PM 5. Ensure that corrective actions are taken to resolve deficiencies in program weaknesses. 6. Ensure that sub -recipients are engaged in minority business outreach efforts and comply with equal opportunity requirements. 7. Ensure that activities funded comply with the City of Tamarac Comprehensive Plan. Following the monitoring visit, a monitoring report listing the results of the visit is submitted to the Division Director for his comments. This report will include all findings, concerns and corrective actions. Once the Division Director has had the opportunity to provide his comments on the monitoring report, a Monitoring Letter is presented to the sub -recipient under the Director's signature outlining findings, concerns, and specific recommendations for improvement along with accompanying deadlines as appropriate. At the end of each year, effectiveness reviews are done, comparing actual accomplishments in each of the Consolidated Plan Priorities with projections in the Annual Action Plan. City of Tamarac Action Plan FY08 27 2/19/2009 4:48:31 PM APPENDIX I PUBLIC NOTICE City of Tamarac —Action Plan FY08 28 2/19/2009 4:48:31 PM