HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-175Temp. Reso. # 11506
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11-5-08
RESOLUTION NO--cC9ry-/ 7r
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA
APPROVING THE FIRST AMENDMENT TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG")
PROGRAM, FISCAL YEAR 2008 ANNUAL ACTION PLAN
NINTH PROGRAM YEAR TO PROVIDE FOR THE
ADOPTION OF THE NEIGHBORHOOD STABILIZATION
PLAN; AUTHORIZING AND DIRECTING THE MAYOR OR
IN HER ABSENCE, THE VICE -MAYOR TO EXECUTE ANY
NECESSARY DOCUMENTS AND CERTIFICATIONS;
AUTHORIZING THE SUBMISSION OF THE
NEIGHBORHOOD STABILIZATION PLAN FOR REVIEW
AND APPROVAL BY BROWARD COUNTY AND THE
UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
**********
WHEREAS, the City of Tamarac ("City") is a Community Development Block Grant
("CDBG") entitlement community; and
WHEREAS, in October, 2008, the City received notification of an allocation through
the CDBG Neighborhood Stabilization Program in the amount of $4,772,218.00, pursuant
to the Housing and Economic Recovery Act (HERA) 2008, from the Department of
Housing and Urban Development; and
WHEREAS, as a condition of receiving the allocation, the City must amend its
CDBG Annual Action Plan in order to include the plan for the use of the allocation of the
funds provided pursuant to the CDBG Neighborhood Stabilization Program, and
Temp. Reso. # 11506
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11-5-08
WHEREAS, the Community Development Department has prepared the First
Amendment to the CDBG Fiscal Year 2008 Annual Action Plan Ninth Program Year to
provide for the use of the funds being provided to the City pursuant to the Neighborhood
Stabilization Program; and
WHEREAS, the City Commission finds that it is in the best interest of the public for
the City of Tamarac to submit the First Amendment to the CDGB Fiscal Year 2008 Annual
Action Plan Ninth Program year to Broward County and the U.S. Department of Housing
and Urban Development.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA that:
Section 1: The City Commission of the City of Tamarac hereby approves the First
Amendment to the CDBG Program Fiscal Year 2008 Annual Action Plan Ninth Program
Year for the use of the funds allocated to the City of Tamarac for the Neighborhood
Stabilization Program, as attached hereto as Exhibit "A", and incorporated herein by
reference.
Section 2: The Mayor, or in her absence, the Vice -Mayor, is hereby designated and
authorized to execute any documents and certifications required by Broward County
and/or the U.S. Department of Housing and Urban Development, and to do all things
necessary and proper to carry out the term and conditions of said program.
Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
J
1
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Temp. Reso. # 11506
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11-5-08
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 take effect immediately upon its adoption.
PASSED AND ADOPTED BY T CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OFbr1-c , 2008.
ATTEST:
MARION SWE ON, CMC
CITY CLERK
I HEREBY CERTIFY that I
Have approved this
RESOLUTION as to form.
CITY ATTORNEY
CITY OF TAMA C, F O IDA
BETH LANSBAUM-T LABISG , MAYOR
B. FLANSBAUM-TALABISCO
P. BUSHNELL
D. GLASSER
P. ATKINS-GRAD
H. DRESSLER
SSG:DNT:dnt
H:\2005\050164 TAMARAC\RESO 2008\2008 (Adoption of NSP - CDBG Funds).doc
CITY OF TAMARAC
FY 2008-2009 Neighborhood Stabilization Program (NSP)
Substantial Action Plan Amendment
through the
U.S. Department of Housing and Urban Development
(HUD) under the Community Development Block Grant
(CDBG) Program
Prepared by:
City of Tamarac
Community Development department
Housing Division
7525 NW 881h Avenue
Tamarac, FL 33321
www.tamarac.org
December 2008
TABLE OF CONTENTS
Page
A. Areas of Greatest Need 4
B. Distribution and Uses of Funds 5
C. Definitions and Descriptions 6
D. Low Income Targeting 8
E. Acquisition & Relocation 9
F. Public Comment 9
G. NSP Information by Activity 10
H. Total Budget 13
I. Performance Measures 14
Certifications 15
2
NEIGHBORHOOD STABILIZATION PROGRAM (N$P)
SUBSTANTIAL AMENDMENT
Jurisdiction: NSP Contact Person:
City of Tamarac, FL Angela Bauldree
Address: 7525 NW 88 Avenue
Tamarac, FL 33321
Website: www.tamarac.org Telephone # (954) 597-3539
Fax # (954) 597-3540
Email: angelabCa_tamarac.org
This section will address the specific requirements set forth in:
Federal Register Part III — Department of Housing and Urban Development
Notice of Allocations, Application Procedures, Regulatory Waivers Granted to
and Alternative Requirements for Emergency Assistance for Redevelopment of
Abandoned and Foreclosed Homes Grantees under the Housing and Economic
Recovery Act, 2008; Notice
And
Public law 110-289 — July 30, 2008 Title III -Emergency Assistance for the
Redevelopment of Abandoned and Foreclosed Homes Section 2301
Additionally, any other requirements and regulations handed down by the
Department of Housing and Urban Development (HUD) will also be adhered to.
The City of Tamarac was allocated $4,772,218.00 from the Neighborhood Stabilization
Program funded in September 2008. Below describes the City's plan to utilize these
funds and addresses the substantial action plan amendment requirements of Section
2301 (c) (2 ) of Housing Economic Recovery Act, 2008 (HERA).
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A. AREAS OF GREATEST NEED
Provide summary needs data identifying the geographic areas of greatest need in
the grantee's jurisdiction.
Tamarac has approximately 1,400 properties in some state of foreclosure for any given
month, consisting of 200-350 bank owned properties. Several factors were used when
determining the areas of greatest need within the City's jurisdictional boundaries.
Two sources of data were used to determine areas of greatest need within the
City. HUD Data reported an estimated foreclosure risk score by census tract as
well as an 18 month predicted underlying problem of foreclose rate. With this
information, the City determined that areas with a score of 10 or rate of 12% or
higher where the same areas identified by the second data source so as to
confirm the areas of greatest need.
The second source of data was Foreclosure Logic, a website that provides
foreclosure data by area. With the data from this website, our GIS division was
able to extract two important factors:
• % of bank owned foreclosed properties within each residential sub-
division.
• % of total foreclosures (properties at any stage of foreclosure) within
each residential sub -division.
To identify areas of greatest need, a threshold of 20% combined
foreclosure rate within any given sub -division was set. This figure
represents the percentage of foreclosures at any stage, and bank owned
foreclosures that have reached 20% of the total units within the sub-
division.
Aside from obvious key factors relating to the sub -prime mortgage crisis (interest only
loans, balloon loans, adjustable rate loans (ARM), and other predatory loans) Tamarac
sees other patterns affecting current foreclosure numbers.
One clear factor was that several of the sub -divisions within Tamarac that have higher
rates of foreclosure than others are also the same ones that were severely affected
during the 2005 hurricane season. These sub -divisions had homes damaged worse
than those in other areas of the City. Additionally they may have endured increases in
association fees, assessment fees and insurance hikes.
Another factor to the high percentage of foreclosures in certain sub -divisions was the
popularity of condo conversions over the past two to three years. Developments
converted at the height of the housing market are now having serious problems with re-
sale in order to make up for the excessive costs incurred during the conversion.
4
Sub -divisions identified that exceed the 20% threshold are as follows:
Jasmine at Tamarac
57%
Cypress Walk
51 %
Westwood Condominium
42%
Southgate Condominium
30%
Arbor Keys
28%
Heathgate
28%
Riverside
24%
PRD Subdivision
21 %
Shaker Village
19.2%
B. DISTRIBUTION AND USES OF FUNDS
Provide a narrative describing how the distribution and uses of the grantee's
NSP funds will meet the requirements of Section 2301 (c)(2) of HERA that funds
be distributed to the areas of greatest need, including those with the greatest
percentage of home foreclosures, with the highest percentage of homes
financed by a subprime mortgage related loan, and identified by the grantee as
likely to face a significant rise in the rate of home foreclosures.
Distribution of funds to the identified areas of greatest need will be accomplished by
prioritizing down payment/subsidy and rehabilitation assistance to those purchasing in
areas of greatest need first as listed above is Section A.
25% of all funds allocated to Activity A(1) will be designated to the areas of greatest
need as defined in Section A above. This distribution of funds and prioritization will be
sure to address the areas of greatest need and have a greater effect on those areas
identified. The data collected by both HUD and Foreclosure Logic addresses the three
stipulated categories as well as other factors indicated above.
The City anticipates assisting approximately 70 households in the purchase and
rehabilitation of foreclosed properties. 25% of funds will be distributed directly to those
sub -divisions.
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C. DEFINITIONS AND DESCRIPTIONS
Definition of "blighted structure" in context of state or local law.
1) Blighted Structure:
A structure is blighted when it exhibits objectively determinable signs of
deterioration sufficient to constitute a threat to human health, safety, and public
welfare.
Definition of "affordable rents". Note: Grantees may use the definition they have
adopted for their CDBG program but should review their existing definition to
ensure compliance with NSP program -specific requirements such as continued
affordability.
2) Affordable Rents:
Those requiring not more than 30 percent of an income cutoff defined in relation
to Low -Moderate Area Median Income (AMI).
Tamarac is not implementing any rental activity with NSP funds.
Describe how the grantee will ensure continued affordability for NSP assisted
housing.
3) Continued Affordability
Each activity will have a deferred loan component as follows to encourage
residents to stay in their homes for an extensive affordability time period:
Financial Mechanism
Down Payment/Subsidy Assistance
30 Years Total
Years 1 — 5
Not Prorated
10% Shared Equity
Years 6 — 10
Not Prorated
5% Shared Equity
Years 11- 30
Prorated down 5% each year
Rehabilitation after Down Payment/Subsidy Assistance
15 Years Maximum
<$15,000
5 Year Deferred Loan
Year 1 — 5
r01
Prorated 20% per year
$15, 000 - $40, 000
10 Year Deferred Loan
Years 1 — 5
Not Prorated
Years 6 — 10
Prorated 20% per year
>$40,000
15 Year Deferred Loan
Years 1 — 5
Not Prorated
Years 6 — 15
Prorated 10% per year
Describe housing rehabilitation standards that will apply to NSP assisted
activities.
4) Housing Rehabilitation Standards
All housing rehabilitation work will follow Broward County Housing Standards,
and Florida Building Code as well as City Code.
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D. LOW INCOME TARGETING
Identify estimated amount of funds appropriated or otherwise made available
under the NSP to be used to purchase and redevelop abandoned or foreclosed
upon homes or residential properties for housing individuals or families whose
incomes do not exceed 50 percent of area median income: $1,193,054.50
Specific appropriations to households whose income does not exceed 50% AMI
will be implemented in two tiers:
1) Down Payment/Subsidy Assistance
A household whose income is below 50% AMI will be eligible to
receive up to 70% of the purchase price in assistance funds.
That amount is estimated based on the average cost of a Tamarac
property of $164,000 to be approximately $114,000 in down
payment/subsidy.
2) Rehabilitation Assistance
A household whose income is below 50% AMI will be eligible to
receive up to $60,000 towards the rehabilitation of a foreclosed
upon property purchased through the down payment/subsidy
assistance activity.
This tier will be added to tier #1 on properties that require
rehabilitation, some properties will not require rehabilitation work.
The Area Median Income chart for Broward County is as follows:
Florida
Miami -Fort Lauderdale -Miami Beach MSA
Fort Lauderdale HMFA
Family
1
2
3
25%
12,450
14,250
16,025
30%
14,950
17,100
19,200
35%
17,430
19,950
22,435
40%
19,920
22,800
25,640
45%
22,410
25,650
28,845
50%
24,900
28,500
32,050
60%
29,880
34,200
38,460
80%
39,850
45,550
51,250
Median.
64,000
120%
59,760
68,400
76,920
17,800
19,225
20,650
22,075
23,500
21,350
23,050
24,750
26,450
28,200
24,920
26,915
28,910
30,905
32,900
28,480
30,760
33,040
35,320
37,600
32,040
34,605
37,170
39,735
42,300
35,600
38,450
41,300
44,150
47,000
42,720
46,140
49,560
52,980
56,400
56,950
61,500
66,050
70,600
75,150
85,440 92,280 99,120 105,960 112,800
E. ACQUISITION & RELOCATION
Indicate whether grantee intends to demolish or convert any low and moderate
income dwelling units (i.e., <80% of area median income).
The city will not be undertaking any acquisition and relocation activities.
F. PUBLIC COMMENT
Provide a summary of public comments received to the proposed NSP Substantial
Amendment.
Advertisement for 15-day review period on Action Plan November 9, 2008
1st Amendment — proposed NSP activities
Beginning of 15-day public review period November 11, 2008
End of 15-day public review period November 25, 2008
Public Hearing with City Commission for approval of NSP November 26, 2008
activities
Comments to be entered here, if received.
x
G. NSP INFORMATION BY ACTIVITY
1) Activity Name: Financing Mechanism -Down Payment/Subsidy
Assistance
Activity Type: NSP Eligible Use CDBG Eligible Activity
Financing Mechanism 24 CFR 570.201(a)
Direct Homeownership
Assistance
National Objective: Benefit to low -moderate income persons -
housing activity.
Project Start Date: February 1, 2009
Project End Date: July 31, 2010
Encumbrances and approval of eligible households to be made
within the eighteen month timeframe.
Responsible Organization: The City's Housing Division will administer this
activity in-house.
Location Description- Eligible applicants will be required to purchase
foreclosed properties within Tamarac, and prioritization for those within the
specified areas of greatest need (scattered site locations).
Activity Des cri tion: This activity is to assist first time homebuyers
with the purchase of a foreclosed property. The financial assistance will be in the
form of down payment assistance and subsidy assistance to bridge the gap
between the first mortgage ability and purchase price. The front end mortgage
ratio should not exceed 32% of a household's income. An additional $10,000 will
be awarded to City of Tamarac employees, fire fighter, police officers, teachers,
and nurses.
Total assistance amount is as follows:
50% AMI and below Up to 70% Purchase Price 8 Units
51% - 80% AMI Up to 40% Purchase Price 13 Units
81 % - 102% AMI Up to 10% Purchase Price 39 Units
Deferred Loan-30 Years Total
Years 1 — 5
Not Prorated
10% Shared Equity
Years 6 — 10
Not Prorated
5% Shared Equity
Years 11- 30
Prorated down 5% each year
10
Housing Counseling services will be contracted out to HUD approved Counseling
agencies to meet the 8-hour required training for each homebuyer.
Additional real estate services may also be included in this activity to assist
eligible homebuyers in locating foreclosed upon residential properties, as well as
locating the seller or seller's agent.
The City may conduct Housing Seminars to homebuyers after the eligibility
process to educate them on the program, home buying process, lending
guidelines, rehabilitation options, and any other home buying related activities.
2) Activity„Name: Financing Mechanism -Down Payment / Subsidy /
Rehabilitation Assistance
_Activity Type: NSP Eligible Use CDBG Eligible Activity
Financing Mechanism 24 CFR 570.201(a)
Direct Homeownership
Assistance
National Objective: Benefit to low -moderate income persons -
housing activity.
Protect Start Date: February 1, 2009
Protect End Date: July 31, 2010
Encumbrances and approval of eligible households to be made
within the eighteen month timeframe.
Responsible Organization: The City's Housing Division will administer this
activity in-house.
Location Description: Eligible applicants that have purchased
foreclosed properties within Tamarac (scattered site locations).
_Activity Description: This activity is to assist first time homebuyers
with the purchasing of a foreclosed property which also requires rehabilitation.
The financial assistance will be in the form of down payment assistance and
subsidy assistance to bridge the gap between the first mortgage ability and
purchase price followed by additional rehabilitation funds to bring the property up
to current code/building standards. This property will be brought up to current
building code standards, address any code deficiencies, as well as be equipped
with energy star products.
Total assistance amount is as follows:
Up to $60,000.00 per property.
Deferred Loan 15 Years Maximum
<$15,000
3) Activity Name:
5 Year Deferred Loan
Year 1 —5
Prorated 20% per year
$15, 000 - $40, 000
10 Year Deferred Loan
Years 1 — 5
Not Prorated
Years 6 — 10
Prorated 20% per year
>$40,000
15 Year Deferred Loan
Years 1 — 5
Not Prorated
Years 6 —15
Prorated 10% per year
Demolition
35 Units
Activity Type: NSP E[[g±le Use CDBG Eligible Activity
Demolition 24 CFR 570.201(d)
National Objective: Spot Blight
Project Start Date: February 1, 2009
Project End Date: July 31, 2010
Encumbrances will be made within the eighteen month time frame.
Responsible Organization: The City's Housing Division will administer this
activity in-house.
Location Description: Scattered site locations as determined by Code
Compliance Division, Building Department and Unsafe Structure Board.
Activity Description: This activity will address the need to demolish
an abandoned or foreclosed property that exhibits objectively determinable signs
of deterioration sufficient to constitute a threat to human health, safety, and
public welfare. A lien will be placed on the property for the amount of demolition.
Approximately 5 Units
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H. TOTAL BUDGET
ELIGIBLE ACTIVITY
A. Financing Mechanisms < 50% AMI 51% AMI -
I%lt_\1111
Financial Assistance to income
eligible households for down
payment/subsidy assistance. $715,000.00 $875,000.00 $1,590,000.00
Financial Assistance to income
eligible households for down
payment/subsidy assistance in
areas of greatest need. (25%) $200,000.00 $510,000.00 $710,000.00
Delivery of Services costs associated with activity to be factored into each household assistance.
Financial Assistance to income
eligible households for down
payment/subsidy with home
rehabilitation assistance. $240,000.00 $1,367,218.00 $1,607,218.00
Financial Assistance to income
eligible households for down
payment/subsidy with home
rehabilitation assistance in
areas of greatest need. (25%% $60,000.00 $430,000.00 $490,000.00
Delivery of Services costs associated with activity to be factored into each household assistance
D. Demolition
Demolition of blighted
E:
structures.
$75,000.00
$75,000.00
Program Administration
TOTAL
1 $300,000.00 11
25% of Allocation to 50% or below AMI requirement =1,193,054.50
$1,215,000.00 $3,257,218.00 $4,772,218.00
The program administration of the Neighborhood Stabilization Program will be handled
in-house by the existing staff which is comprised of a full-time Housing Administrator
and full-time Housing Coordinator and two additional full-time temporary positions that
will be 100% dedicated to the NSP activities. The appropriate portion of salaries of the
existing positions will be drawn based on the percentage of time spent on the NSP
activities.
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I. PERFORMANCE MEASURES
Activity Financing Mechanism -Down Payment/Subsidy Assistance
50% AMI and below Up to 70% Purchase Price 8 Units
51 % - 80% AMI Up to 40% Purchase Price 13 Units
81 % - 102% AMI Up to 10% Purchase Price 39 Units
Activity Financing Mechanism -Down Payment / Subsidy /
Rehabilitation Assistance
Total Number of units all income categories 35 Units
Activity Demolition
Total Number of properties 5 Properties
REPORTING
NSP activities will be reported utilizing the DRGR system as required by the Department
of Housing and Urban Development (HUD). Quarterly reports documenting number of
units, households by income, expenditures, and other NSP/DRGR related information
will be completed by the Housing Division.
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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.
Wi
4. Notifying the employee in the statement required by paragraph 1
that, as a condition of employment under the grant, the employee
will:
(a) Abide by the terms 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:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of it, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of
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any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement;
2. If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, it will complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
3. It will require that the language of paragraph 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, and all
other funding sources 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.
JeffreyL Willer,
City Manager
Date
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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 -
9/30/09) (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. SSaecial 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,
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an assessment or charge may be made against the property with respect
to the public improvements financed by a source other than CDBG funds.
The jurisdiction 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 NSP funds are used to pay any
proportion of a fee or assessment attributable to the capital costs of public
improvements (assisted in part with NSP funds) financed from other
revenue sources, an assessment or charge may be made against the
property with respect to the public improvements financed by a source
other than CDBG funds. In addition, with respect to properties owned and
occupied by moderate -income (but not low-income) families, an
assessment or charge may be made against the property with respect to
the public improvements financed by a source other than NSP funds if the
jurisdiction certifies that it lacks NSP or CDBG funds to cover the
assessment.
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.
5. Use of funds in 18 months. The jurisdiction will comply with Title III of
Division B of the Housing and Economic Recovery Act of 2008 by using,
as defined in the NSP Notice all of its funds within 18 months of receipt of
the grant.
6. Use NSP funds :5 120 of AMI. The jurisdiction will comply with the
requirement that all use of the NSP funds made available to it will be used
with respect to individuals and families whose income do not exceed 120
percent of the area median income.
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
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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 reguilations.
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.
JeffreYL. Miller
City Manager
j/ - Z� -air
Date
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APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE
REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
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).
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5. If the workplace identified to the agency changes during the
performance of the grant, the grantee shall inform the agency of the
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 W" 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).
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