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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-186Temporary Resolution #11059 September 27, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- 19(o A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PROJECTS RECOMMENDED FOR INCLUSION IN THE FISCAL YEAR 2006 ANNUAL ACTION PLAN FOR EXPENDITURE OF THE U.S. HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ESTIMATED TO BE $434,900 FOR THE SEVENTH PROGRAM YEAR (CASE NO.14-MI-06); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has notified the City of Tamarac of its HUD Fiscal Year 2006 funding allocation in the estimated amount of $434,900 under the Community Development Block Grant (CDBG) program for the City's Seventh Program Year; and WHEREAS, funding received for the CDBG program must be utilized for eligible CDBG activities; and WHEREAS, all CDBG eligible activities must meet 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 1 Temporary Resolution #11059 September 27, 2006 Page 2 WHEREAS, 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, each year a new Annual Action Plan (attached hereto as Exhibit 1 ") is required to detail projects, activities, and programs to be funded by that year's funding allocation in compliance with the adopted Consolidated Plan, and WHEREAS, 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, the thirty (30) day public review period has been advertised in order to gather additional public input; and WHEREAS, subject to ratification by the City Commission, the City Manager has pre -signed the Action Plan; and WHEREAS, the Interim Community Development Director and the Planning Board recommend the approval of the projects recommended for inclusion in the Seventh Program Year Annual Action Plan for Fiscal Year 2006; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the Fiscal Year 2006 Annual Action Plan for expenditure of the U.S. Housing and Urban 1 1 1 Temporary Resolution #11059 September 27, 2006 Page 3 Development Community Development Block Grant funds estimated to be $434,900 for the Seventh 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 projects recommended for inclusion in the Fiscal Year 2006 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds estimated to be $434,900 for the Seventh Program Year. 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: passage and adoption. Temporary Resolution #11059 September 27, 2006 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this X* day of cgtCn^sbfr , 2006. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. BETH FLANSBAUM-TALABISCO J MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 L EXHIBIT'I" TEMP RESO *11059 CITY OF TAMARAC of TA s Community Development Block Grant (CDBG) Program Fiscal Year 2006 Annual Action Plan Seventh Program Year Prepared by: City of Tamarac Community Development Department 7525 NW 88tt' 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 2006 Table of Contents INTRODUCTION........................................................................................................4 Community Description.......................................................................................4 CITYMAP..................................................................................................................5 FISCAL YEAR 2006 ANNUAL ACTION PLAN.........................................................6 PROPOSED FY2006 CDBG PROJECTS..................................................................7 Residential Rehabilitation.....................................................................................7 PublicService..............................................................................................7 Public Facilities and Improvements........................................................ 7 ProgramAdministration....................................................................................8 PROJECT DISTRIBUTION........................................................................................9 Home Investment Partnerships (HOME)..............................................................10 Consistency with Consolidated Plan....................................................................10 Other Actions and Activities.................................................................................11 Barriers to Affordable Housing.........................................................................11 FairHousing........................................................................................................11 LeadBase Paint..................................................................................................12 Citizen Participation Process................................................................................13 Institutional Structure and Coordination.............................................................14 InstitutionalStructure........................................................................................14 Continuumof Care.............................................................................................14 Anti -displacement and Relocation Plan...........................................................14 CERTIFICATIONS....................................................................................14 Affirmatively Further Fair Housing........................................................ 14 Anti -displacement and Relocation Plan .................................................. 14 DrugFree Workplace.........................................................................................15 Anti-Lobbying....................................................................................................16 Authority of Jurisdiction...................................................................................17 Consistencywith plan........................................................................................17 Section3 .........................................................................................................17 CitizenParticipation..........................................................................................18 Community Development Plan.........................................................................18 Followinga Plan.................................................................................................18 Useof Funds...................................................................................................18 ExcessiveForce..................................................................................................19 Compliance With Anti -discrimination Laws....................................................19 Lead -Based Paint................................................................................................19 Compliance with Laws.......................................................................................19 APPENDIX TO CERTIFICATIONS..........................................................................20 Lobbying Certification.............................................................................20 Drug -Free Workplace Certification.........................................................20 MONITORING STANDARDS AND PROCEDURES................................................22 APPENDIXI............................................................................................................26 PUBLICNOTICE..................................................................................................26 APPENDIX11...........................................................................................................27 APPLICATION FOR FEDERAL ASSISTANCE...................................................27 (COMMUNITY 2020)............................................................................................27 City of Tamarac — Action Plan FY06 9/8/2006 11:33:10 AM INTRODUCTION Community Description The City of Tamarac offers the best of the South Florida lifestyle. It offers its residents the opportunity to stay at home and enjoy what others would call a "vacation." Residents can set out in any direction of the compass and discover right in their own backyard what foreign and domestic travelers deem exotic. Fort Lauderdale, with its world-renowned beaches, tournament fishing, Caribbean reefs for scuba diving and gourmet restaurants, shares Tamarac's eastern border. The vast wilderness and unmatched beauty of the Everglades National Park lies just across the City's western boundary. The world's most luxurious cruise ships sail for exotic Caribbean ports from docks just a few minutes away. Key West, America's "Margaritaville," is just a short drive south. Residents and tourists can also drive to the north and say hello to Mickey, Minnie and Donald at Orlando's Disney World. In Tamarac, residents can golf, play tennis, swim, or maybe just enjoy a quiet picnic by the water. The U.S. Conference of Mayors named Tamarac one of America's most livable cities. The White House designated the City as a Millennium Community. The President also awarded his Blue Ribbon of Excellence to the Tamarac Elementary School. Lush green lawns and inviting canals frame Tamarac's diverse opportunities to make a home. Whether people seek the convenience and economy of a condo flat or want the spaciousness and luxury of a large home with a golf course view, they are likely to find it in Tamarac. In Tamarac housing opportunities are abundant. Whether residents want to rent or buy, Tamarac is affordable. The real estate millage rate is below the Broward County average. Tamarac is a safe city. Its crime rate is the lowest for any Broward County municipality or more than 58,711 residents. Tamarac's Parks and Recreations Department provides year-round recreation programs for every age group. Softball, tennis, roller hockey, boat launch, fishing, picnic and shaded playground facilities are offered at four city -owned and operated Parks. A business -friendly city government, immediate inter -modal transportation access, an abundant professional and skilled workforce, and an unparalleled lifestyle attract new businesses and industries. With more than 58,711 residents spread across its 12-square miles, the City of Tamarac is one of the densest cities in Broward County. 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. The City of Tamarac employs 391 people in its various departments. 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 FY06 4 9/8/2006 11:33:10 AM CITY MAP Low and Moderate Income % By Blockgroup 4 f 1�4191 204061 �CityUrnits w 2041111 28.8 27'1 204062 Census Bloekgroup ti 46.7 % Low And Moderate Income :' M7 16.9.36.7 2�40a7 - 48 � 0 2041127'; 48.03B.7 - 58,.7 36.7 58.7.69.7 'eoioai'r 601111 4� 1. 35.2 001093. eowas44:6 447: 801091 16.9 33•5 7 0 1 Miles oats source: Tahle 6 of COG B consolidated win N n Thla map la for a.nard d11pW parpoaea Only. ii:lll May 31, 2005. City of Tamarac — Action Plan FY06 5 9/8/2006 11:33:10 AM FISCAL YEAR 2006 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 2006 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 2006 (Amounts are estimates) Federal Community Development Block Grant $434,900 Home Initiatives Partnership (HOME) $146,217 Other City General Fund $ 60,000 State Housing Initiatives Partnership (SHIP) $417,945 The FY 2006 Program Year includes an estimated $434,900 in CDBG funds, and $146,217 in HOME funds. There is no program income from these funds. Other non-federal sources of funding include approximately $415,000 from the State of Florida's SHIP program and an estimated $20,000 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. In addition, the City of Tamarac includes approximately $60,000 from the General Fund available for public service activities through the Parks and Recreation Department. Activities The FY 2006 Annual Action Plan addresses the City's priorities of Maintenance of Housing Stock and Public Services. City of Tamarac —Action Plan FY06 6 9/8/2006 11:33:10 AM PROPOSED FY2006 CDBG PROJECTS Residential Rehabilitation (Minor Home Repair) $280,840 This project will provide minor home repairs to a minimum of 22 low and moderate -income homeowners 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 520.202(a) and will benefit low and moderate - income persons on an area -wide basis. Public Service (Senior Life Skills Support Group) $3,780 This activity will include funding for a life skills support group which provides group seminars on a bi-weekly basis to assist seniors in developing skills to cope with the changes associated with aging. Approximately 20 members participate in each 1.5 hour session. Individual sessions will be offered to each senior this fiscal year for a total of three one hour sessions. 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) $50,340 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. 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 (Meditation and Arthritis Tai Chi) $3,380 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 25 elderly residents will participate in the Arthritis Tai Chi classes and 15 elderly residents will participate in the one half hour Meditation classes as qualified under 570.201(e) Public Services. Public Facilities and Improvements (Automatic Doors $9,580 for Handicapped) This activity will provide for automatic door openers to be installed at both of the restrooms at the Tamarac Community Center for easier access for seniors to utilize the bathroom facilities as qualified under 570.201(c) Public Facilities and Improvements. City of Tamarac — Action Plan FY06 7 9/8/2006 11:33:10 AM Program Administration $86,980 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 FY06 8 9/8/2006 11:33:10 AM PROJECT DISTRIBUTION In accordance with the Consolidated Plan, the City has addressed certain needs within the community and distributed funds with CDBG funds in the following categories: Housing $280,840 Public Service $ 57,500 Public Facilities and Improvements $ 9,580 Administration 86,980 Total Distributed $434,900 City of Tamarac FY 2006 Funding Recommendations For Allocation of $434,900 Funding By Category a Administration - 20% ■ Public Service - 13% 0 Public Facilities & Im provem ents - 2% Housing - 65% City of Tamarac -- Action Plan FY06 9 9/8/2006 11:33:10 AM 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 seven (7) 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 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. CONSISTENCY WITH CONSOLIDATED PLAN An initial citizen advisory committee met May 4, 2005 at 9:00 AM to recommendations on the FY06 Annual Action Plan. The information from the public and updated census data was used to identify needs, goals, and objectives for the City's housing programs. Funding from SHIP, CDBG, and HOME programs will be used to help meet the identified needs. The City Commission reviewed and adopted by resolution the 2005 -- 2010 Consolidated Plan and the FY05 Annual Action Plan. The committee and public's recommendations for the use of state and federal funding were approved. 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 FY05 Action Plan includes projects supporting these two priorities including the housing rehabilitation program, the Fit for Life program, the Life Skills Support Group, and the services of a full-time social worker. City of Tamarac — Action Plan FY06 10 9/8/2006 11:33:10 AM OTHER ACTIONS AND ACTIVITIES Barriers to Affordable Housing The City continues to support affordable housing efforts by focusing on the grants available through the SHIP and HOME programs. By partnering with Broward County Home Consortium and Housing Finance Authority, the City is able to refer residents for home ownership counseling and lender's program as a way to negate predatory lending. The City currently has several incentive strategies for builders and developers, housing programs that target very low, low and moderate households. 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 Broward County Community Development (Division) was the recipient of One Hundred Thousand dollars ($100,000) in grant funds provide by the 2001 Fair Housing Initiative Partnership ((FHIP) Grant Program. This Program is administered by the United States Department of Housing and Urban Development (HUD). The Grant went into effect April, 2003 until the contract expired March 31, 2003. The County requested and was granted an extension from HUD to extend the grant period until September 30, 2003. The County has successfully completed all Administrative and Program Tasks required of the grant. These funds are utilized specifically for the promotion of fair housing education and outreach programs. Broward County entered into an agreement with three (3) sub - recipients to administer this grant. The sub -recipients are Broward County Civil Rights Division for $35,000, legal Aid of Broward County, Inc., for $25,000, H.O.P.E., Inc. for $35,000 and Broward County Community Development Division for $5,000 administrative cost. The sub -recipients through the FHIP Grant provided fair housing services for the benefit of Broward County's U.S. HUD Fair Housing Initiative Program, Fair Housing Education and Outreach Initiative (HUD Grant No. FH400G0148). The Fair Housing Education and Outreach Initiative activities was designed to inform the general public in the Broward County Entitlement Jurisdictions Tamarac about their rights City of Tamarac —Action Plan FY06 11 9/8/2006 11:33:10 AM and to educate the housing provider industry concerning its responsibilities and obligations outlined in local, state and federal fair housing laws. The FHIP Grant Program provided to the residents of Broward County and entitlement cities (Tamarac) the following accomplishments: • 21 - fair housing documents 3 - fair housing videos • 2 — developed Property Owner and Manager's Fair Housing Manual (100 pages) and Fair Housing and Fair Lending Manual (300 pages) • 1,000 - copies of booklets (Fair Housing: Equal Opportunity) • 27 — ads primarily appeared I the Broward edition of New Times, Sun Sentinel, Broward Times and the Westside Gazette • 9 - multilingual brochures 0 30 — fair housing workshops • 26 — fair housing outreach efforts 3 — Affirmatively Furthering Fair Housing Technical Assistance Workshops for Broward County Entitlement Jurisdictions The City recently completed its Analysis of Impediments to Fair Housing report and submitted it to HUD in March 2004. The City implemented its Fair Housing Action Plan in fiscal year 2005. Lead Base Paint The County implements and evaluates Lead -Based Paint regulation for the City of Tamarac. 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 County's consultant Adviron Environmental System Inc. Adviron will evaluate the home with a Visual Assessment, Paint Testing, or Risk Assessment (or Lead Hazard Screen). The County will fund lead testing through the County's CDBG housing rehabilitation programs. 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 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. City of Tamarac — Action Plan FY06 12 9/8/2006 11:33:10 AM 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 2006 Annual Action Plan. The first public hearing was held on June 21, 2006 for the City Planning Board to collect project proposals and input during the development of the plan. Using the public input the City produced a list of recommended projects for review by the City Commission and the public. 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 88t" Avenue, Tamarac, FL 33321, in the City's Clerk Office. The City of Tamarac responded to all written comments prior to adopting the FY 2006 Annual Action Plan at the final public hearing on August 23, 2006. All hearings and review periods were advertised in the Sun -Sentinel. The hearing and review schedule was as follows: Advertisement for Public Hearing with City Planning Board June 18, 2006 First Public Hearing on project proposals and input for plan June 21, 2006 Commissioner's approval and Review of recommendations with June 28, 2006 Advertisement for 30-day review period and final Public Hearing on proposed FY 2005 Annual Action Plan July 14, 2006 Beginning of 30-day review period July 15, 2006 End of 30-day review period August 15, 2006 Final Public Hearing with City Commission to approve the Sept. 27, 2006 FY2006 Annual Action Plan City of Tamarac —Action Plan FY06 13 9/8/2006 4110,54 PM INSTITUTIONAL STRUCTURE AND COORDINATION Institutional Structure The City of Tamarac administers the CDBG program. The City 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. 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. 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 and 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. City of Tamarac —Action Plan FY06 14 9/8/2006 11:33:10 AM 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 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; City of Tamarac — Action Plan FY06 15 9/8/2006 11:33:10 AM 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, 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. City of Tamarac — Action Plan FY06 16 9/8/2006 11:33:10 AM 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. Z . %7Wle, Jeffrey L. Miller City Manager City of Tamarac — Action Plan FY06 17 9/8/2006 11:33:10 AM 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 Priori. 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) 2006/2007 (10/1/06 - 9130/07) (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 City of Tamarac —Action Plan FY06 18 9/8/2006 11:33:10 AM (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by 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 FY06 19 9/8/2006 11:33:10 AM Date 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). City of Tamarac — Action Plan FY06 20 9/8/2006 11:33:10 AM 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 "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 FY06 21 9/8/2006 11:33:10 AM 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 City of Tamarac — Action Plan FY06 22 9/8/2006 11:33:10 AM taken toward monitoring performance in meeting goals and objectives are as noted: 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 two 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 City of Tamarac — Action Plan FY06 23 9/8/2006 11:33:10 AM entitled "Standards for Financial Management Systems"; CFR 85.26 "Non -Federal Audits"; CFR 85.42 "Retention and Access Requirements for Records". 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. City of Tamarac — Action Plan FY06 24 9/8/2006 11:33:10 AM 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- 1 . 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. 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 FY06 25 9/8/2006 11:33:10 AM APPENDIX I PUBLIC NOTICE City of Tamarac — Action Plan FY06 26 9/8/2006 11;33:10 AM PUBLIC NOTICE CITY OF TAMARAC, FLORIDA 7T" PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Program ANNUAL ACTION PLAN FOR FY 10/01/2006 — 09/30/2007 For Fiscal Year 2006, the City of Tamarac, Florida, is scheduled to receive approximately $434,900 in Community Development Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development (HUD). These funds will be used to address community development and housing needs in the City of Tamarac that also support the goals and objectives of the Five -Year Consolidated Plan. The City has received public comment on the recommended use of the FY 2006 CDBG funds and has developed a draft for the FY 2006 Annual Action Plan. Projects to be included are as follows: Residential Rehabilitation, Public Services activities, and Public Facility Improvements for accessibility. The City of Tamarac City Commission will hold a public hearing on the FY 2006 Annual Action Plan at or after 9:00 am on Wednesday, September 27, 2006 in the Commission Chambers at 7525 NW 88t" Avenue, Tamarac, FL. Interested parties are encouraged to attend and participate. MARION SWENSON, CMC CITY CLERK 61=111 Pursuant to Chapter 286.0105, Florida Statutes: If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, s/he will need a record of the proceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City of such need at least 72 hours (3 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1-800-955-8771. APPENDIX II APPLICATION FOR FEDERAL ASSISTANCE (COMMUNITY 2020) City of Tamarac — Action Plan FY06 27 9/8/2006 11:33:10 AM APPI IrATICIN FC)R Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 9/8/06 B•05-MC-12-0046 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre -application 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier I Construction M Construction Non -Construction Non-Construgtion S. APPLICANT INFORMATION Legal Name: Organizational Unit: Department: City of Tamarac City Manager's Office Organizational DUNS: 077270940 Division: Community Development Address: Name and telephone number of person to be contacted on matters Involving this application (give area code) Street: Prefix: First Name: 7525 NW 88 Avenue Mr. Michael City: Middle Name Tamarac County: Last Name Broward Cernech State: te: Zip Suffix: 33321de Country: Email: U.S.A michaelc@tamarac.org 6. EMPLOYER IDENTIFICATION NUMBER (EIN). Phone Number (give area code) Fax Number (give area code) 0®—f 0❑51t5JQ10 2� 954-597-3542 954-597-3540 8, TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) F New 71 Continuation Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) ❑ ❑ Other (specify) 9. NAME OF FEDERAL AGENCY: Other (specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Housing Rehabilitation, Public Services activities, and Public Facility accessibility improvements. TITLE (Name of Program): 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Tamarac, FL 12110601,033, 120110601,012, 120110601,011, 1201105.029 13, PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. Applicant b. Project 19 19 16. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE RDER 12372 PROCESS? a. Federal UU a. Yes. THIS PREAPPLICATION/APPLICATION WAS MADE 434,900 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b No 0 PROGRAM IS NOT COVERED BY E. O, 12372 b. Applicant c. State UU d, Local OR PROGRAM HAS NOT BEEN SELECTED BY STATE e. Other FOR REVIEW f. Program Income 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? 0 Yes If "Yes" attach an explanation. R3 No g. TOTAL UU 434,900 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONOREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Reoresentative Vefix Fir?I Name Middle Name y Last Name Suffix Miller b. Title c. Telephone Number (give area code) City Manager 954-597-3515 net re o or' d Repr sen�yye Date Signed vious Edition Llifable Z Slandard Form 424 (Rev.9-2003) Authorized for Loca(Reoroduction Prescribed by OMB CircularA-1U2