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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-123April 26, 2000 - Temp. Reso. #8992 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-la?. ? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADOPT THE CITY OF TAMARAC ANNUAL "ACTION PLAN" IN THE AMOUNT OF $353,000.00 IN U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS FOR HUD FISCAL YEAR (FY2000); CASE NO. 10-MI-00; 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 the HUD Fiscal Year (FY2000) allocation in the amount of $353,000.00 for the Community Development Block Grant (CDBG) Program effective October 1, 2000; and WHEREAS, each year the City of Tamarac must prepare an "Action Plan" detailing the expenditures designated for approved projects and program for that fiscal year; and WHEREAS, the approved annual "Action Plan", upon City Commission approval, shall be included in the City's final Consolidated Plan to be submitted to HUD by August 15, 2000; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in n Fj 1 April 26, 2000 - Temp. Reso. #8992 2 the best interests of the citizens and residents of the City of Tamarac to adopt the City of Tamarac annual "Action Plan" in the amount of $353,000.00 in U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program funds for HUD Fiscal Year (FY2000). 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 adopt the City of Tamarac annual "Action Plan" (attached hereto as Exhibit 1°) in the amount of $353,000.00 in U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program funds for HUD Fiscal Year (FY2000). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 April 26, 2000 - Temp. Reso. #8992 3 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. ek PASSED, ADOPTED AND APPROVED this ` day of , 2000. JOE SCHREIBER MAYOR ATTEST: r MARION S ENSON INTERIM CITY CLERK I HEREBY CERTIFY th ham► aar)roved this , N as-tofbrm. TCHELlf S,/KRAFT CITY ATTORNEY com and ev\u: \pats\u se rd ata\wpd ata\res\8992 reso RECORD OF COMMISSION MAYOR SCHREIBER,,,,...,..,,,( DIST 1: COMM. PORTNER.., DIST Z: COMM. MISHKIN DIST 3: COMM. SULTANOR J DIST 4: VIM ROSERM .., EXHIBIT 111" TEMP PESO #8992 CITY OF TAMARAC at \O-Ti-% % 0 0 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ANNUAL ACTION PLAN FISCAL YEAR 2000 Prepared by: Community Redevelopment Associates (CRA) of Florida, Inc., Program Consultant Submitted to: Florida State Office of the Department of Housing and Urban Development 9 August 15, 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ANNUAL ACTION PLAN Fiscal Year 2000 AVAILABLE CDBG FUNDING Fiscal Year 2000 (October 01, 2000 thru September 30, 2001) $ 353,000 Prior Years: FY $. FY $ FY $ Total CDBG Funds Available for Fiscal Year 2000 $ _ 353,000 PROPOSED CDBG PROJECTS (Fiscal Year 2000) 1) Residential Rehabilitation(Minor Home Repair) $ 233,000 This project is scheduled to provide minor home repairs to low and moderate income homeowners who are experiencirig"conditions in and around the home that pose a threat to the health, safety, and welfare of the household occupants. This project will be carried out on a city wide basis. This activity is eligible under 24 CFR section 570.202(a), and will benefit low and moderate income persons on an area -wide basis. 2) Public Service $ 50,000 This project is scheduled to support CPR enhancement, Life Safety Education, Smoke Detector (Purchase & Installation) and assisting in the purchasing of a bus for the Senior Transportation Program. This activity is eligible under 24 CFR section 570.201(e), and will benefit low and moderate income persons on a city wide basis. 3) Program Administration $ 7�...d � This activity will provide for administrative duties relative to the overall grant program. This activity is assumed to benefit low and moderate income persons and is eligible under 24 CFR section 570.206(a). 11 • CONSISTENCY WITH CONSOLIDATED PLAN Activities to be undertaken under the Proposed Projects are consistent with the Five (5) Year Strategic Plan under the City's Consolidated Plan. These activities are also consistent with those priorities adopted by the City under the Consolidated Plan: 4) Housing activities that provide for the availability and maintenance of affordable housing within the City. Such activities include housing rehabilitation and home ownership assistance. 5) Community Development activities that address the non -housing needs of the City. 6) Continuum of Care activities that provide for the needs of those persons considered as Homeless in the City, and other parts of Broward County. • 11 PROJECT DISTRIBUTION In accordance with the Consolidated Plan, the City has addressed certain needs within the community and distributed funds in the following categories: HousinZ Publi,, Service Total Distributed City of Tamarac Annual Action Plan Fiscal Year 2000 Pie Tide Housing E Public Service • $ 616,788 50,000 $ 660,788 0 OTHER ACTIONS /ACTIVITIES In an effort to Remove Barriers to Affordable Housing, the City will continue to implement the affordable housing incentives. These incentives include encouraging development of vacant land for residential uses; providing for sufficient higher density multi -family development to meet future needs on the Future Land Use Map; streamlining the development review process; and preserving the existing housing stock through code enforcement. The City will continue to Evaluate Lead -Based Paint Hazards by contacting the Broward County Public Health Department annually to determine whether any residents have been reported with high levels and where the housing units are located. If incidents are reported, the City will consider funding lead testing through the City's CDBG and SHIP housing rehabilitation programs. The new regulation is being issued under sections 1012 and 1013 of the Residential Lead -Based Point Hazard Reduction Act of 1992, which is Title X ("ten") of the Housing and Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead -Based Paint associated housing. The new regulation appears within title 24 of the Code of Federal Regulations as part 35 (24 CFR 35). • 0 4 4 Application for Federal S I ST.a n ce 2, Date Submitted Applicant Identifier �S 08/15X0 591039552 1. Type of Submission: 3. Date Received by State State Application Identifier O8/1 rati70 Application: Non - Construction 4. Date Received by Federal Agency Federal Identifier Preapplication: Non - Construction 06/1&W 591038552 5. Applicant Information Legal Name Organizational Unit City of Tamarac, Florida Administration Address Contact 7525 N.W. 88th Avenue J. Christopher King, Director Comm. Devp Tamarac, FL33321 954-724-1290 Broward 6. Employer Identification Number (EIN): 7. Type of Applicant: Municipal a. Type of Application: Type: New 9. Name of Federal Agency: Department of Housing and Urban Development 10. Catalog of Federal Domestic Assistance Number: 11. Descriptive Title of AppiicarWs Project: Catalog Number: Community Development Block Grant Projects that primarily benefit low and moderate income persons. Assistance Title: Community Development Block Grant (Housing, Community Development, and Public Services) 12. Areas Affected by Project: 601.033, 601.012, 6D1.011, 503.026 and 502,029 13. Proposed Project: 14. Congressional Districts of. Start Date End Date a. Applicant b. Project 101p1 /00 09/30101 19 19 15. Estimated Funding: 16. Is Application Subject to Review by State Executive Order 12372 Process? Review Status: Program not covered a. Federal $353,000 b. Applicant ,0 a- State d Local 17. Is the Applicant Delinquent on Any Federal Debt? $0 No e. Other $0 f. Program Income g. Total $ 353,ao0 la. To the best of my )mowledge and belief, all data in this opplieationlpreapplication 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. Typed Name of Authorized Representative b. Tide c. Telephone Number Joe Schreiber Mayor 954-724-1200 d. Signature of Authorized Representative e. Date Signed 013/101"0 Funding Sources Entitlement Grant (includes reallocated funds) CDBG $353,000 ESG $0 HOME $0 HOPWA $0 Total $353,000 Prior Years' Program Income NOT previously programmed or reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Total Estimated Program Income $0 Section 108 Loan Guarantee Fund $0 TOTAL FUNDING SOURCES $353,000 Other Funds $0 Submitted Proposed Projects Totals $353,000 UnSubmitted Proposed Projects Totals $0 r--I LJ :7 • w C d E a 0 d O H v � � O C w" 0 LL. 0 0 a CO) o 0 c a :E U O a c m U H � J a d 'o VI 0 0 0 0 V! d L) po � C � v 0 c W ti th y � � Q J 65 Q a O O LL ca w x x �- c `m r= RE C N N CL c E C K 0 Z ci N (D � mod�o A y p 48 19 o o m m E8 E --- a g n HT y, �o o a .2 2 Im p w V ^ n r� �� m Q m �yr� FIEaxi iv 0. O x° • C E a 0 m 4) eft � � m � a o a � � m 0 0 c a c a c m U � J a d G Ept' O D p 0 40 yr vlp fA H a+ L V U) U. d � 'YI z LL C7 O U N W w O m 4 Q 2 Q F- c w � o � U L � ig 2 0 Q�Q All 1 9 a a � U 1z$ J C N cv E 2 2 Ln J cD m 0 a a > � 8 O- 06 � _4 H S Z 1: ul • • C m E a O 61 to R� C C d a o .0 0 C � a 0 .o C a` c� o c a c E .r cu a m u1' = V o 0 0 0 u► u► u► w> P- rn G 'v G 7 LL Q L� 1 � w 0 w0 0 0 c _o c c E Q E 8 N z z C, 0 4 a r z d M � x x Continuum of Care: Gaps Analysis - Individuals Beds/Units Estimated Current Unmet Need/ Relative Needs Inventory Gap Priority Emergency Shelter I None Transitional Housing 101 None Permanent Housing I None Total 0 0 0 C51I111dlCu OUPPL11 uvC r7CO vlt-pa aWu .._....._...... Job Training ® None Case Management ® None Substance Abuse Treatment 0 00 None Mental Health Care 0 None Housing Placement 1 None Life Skills Training _0_�� © None Estimated Sub -Populations Chronic Substance Abusers 00 None Seriously Mentally III 1 None Dually -Diagnosed 0 0 None Veterans ® 10 None Persons with HIV/AIDS 0 1 None Victims of Domestic Violence ® 00 None Youth © 10 None 40 Continuum of Care: Gaps Analysis - Persons in Families with Children Beds/Units Estimated Current Unmet Need/ Relative Needs Inventory Gap Priority Emergency Shelter © None Transitional Housing lNone Permanent Housing 0I None Total 0 0 0 — Estimated Supportive Services Slots Job Training © None Case Management None Child Care None Substance Abuse Treatment None Mental Health Care OC_] �� 1 None Housing Placement None Life Skills Training 0 1� None r-bL1111i1LCV JIJLI--V�7IJIALIV115 Chronic Substance Abusers ® 10 None Seriously Mentally III u 00 None Dually -Diagnosed ® �� None Veterans 0 None Persons with HIV/AIDS ® 1 None Victims of Domestic Violence ® 10 None 11 Special Needs/Non-Homeless r� r] 9 Sub -Populations Priority Need Estimated $ Elderly iso Frail Elderly Iso Severe Mental Illness Law $0 Developmentally Disabled Low $0 Physically Disabled Low $0 Persons with Alcohol/Other Drug Addiction Low $0 Persons with HIV/AIDS Ito TOTAL $0 Housing Needs 0 Renter Small Related Large Related Need Level 0 - 30% of MFI Law 31 - 50% of MFI Low 51 - 80% of MFI Low 0 - 30% of MFI Low 31 - 50% of MFI Low 51 - 80% of MFI Low Elderly 0 - 30% of MFI Low 31 - 50% of MFI Med 51 - 80% of MFI Med All Other 0 - 30% of MFI None 31 - 50% of MFI None 51 - 80% of MFI None owner 40 0 - 30% of MFI Low 31 - 50% of MFI Med 51 - 80% of MFI Hi h Units L� 0 0 0 0 0 Estimated $ $0 $0 $0 $33,000 $100,000 $100,000 Community Needs r Anti -Crime Programs Overall Sub -Categories Crime Awareness (051) �4vnvnua ucvcwMnwn� Overall Sub -Categories Rehab; Publicly or Privately -Owned Commer (14E) Cl Land Acquisition/Disposition (17A) Cl Infrastructure Development (17B) Cl Building Acquisition, Construction, Re (17C) Other Commercial/industrial Improvements (17D) ED Direct Financial Assistance to For -Pro (18A) ED Technical Assistance (18B) Micro -Enterprise Assistance (18C) Infrastructure Overall Sub -Categories Flood Drain Improvements (031) Water/Sewer Improvements (03J) Street Improvements (03K) Sidewalks (03L) Tree Planting (03N) Removal of Architectural Barriers (10) Privately Owned Utilities (11) r Iuuun1y a p'%uj41j1nau9Aa1Wn Overall Sub -Categories • Need Level Units Estimated $ None 0 $0 0 $0 Need Level Units Estimated $ None 0 $0 -- 0 $0 -- 0 $0 -- 0 $0 — 0 $0 — 0 $0 - 0 $0 -- 0 $0 — 0 $0 Need Level Units Estimated $ None 0 $0 -- 0 $0 -- 0 $0 — 0 $0 -- 0 $0 — 0 $0 — 0 $0 — 0 $0 Need Level Units Estimated $ High 0 $0 Community Needs (Page Z) .r Public Facilities Overall Sub -Categories Public Facilities and Improvements (Gener (03) Handicapped Centers (03B) Neighborhood Facilities (03E) Parks, Recreational Facilities (03F) Parking Facilities (03G) Solid Waste Disposal Improvements (03H) Fire Stations/Equipment (030) Health Facilities (03P) Asbestos Removal (03R) Clean-up of Contaminated Sites (04A) Interim Assistance (06) Non -Residential Historic Preservation (16B) Public Services Overall Sub -Categories Public Services (General) (05) Handicapped Services (05B) Legal Services (115C) Transportation Services (05E) Substance Abuse Services (05F) Employment Training (05H) Health Services (05M) Mental Health Services (050) Screening for Lead -Based PainULead Hazar (05P) Need Level Units Estimated $ None 0 $0 _ 0 $0 _ 0 $0 _ 0 $0 _ 0 $0 _ 0 $0 _ 0 $0 — 0 $0 — 0 $0 — 0 $0 _ 0 $0 _ 0 $0 _ 0 $0 Need Level Units Estimated $ Med 0 $50,000 Med 0 $15,000 _ 0 $0 _ 0 $0 Med 0 $35,000 _ 0 $0 .� 0 $0 _ 0 $0 _ 0 $0 _ 0 $0 Senior Programs Need Level Units Estimated $ Overall -- 0 $0 Sub -Categories Senior Centers (03A) — 0 $0 Senior Services (05A) -- 0 $0 0 Community Needs (Page 3) ,r Youth Programs Overall Sub -Categories Youth Centers (03D) Child Care Centers (03M) Abused and Neglected Children Facilities (03Q) Youth Services (05D) Child Care Services (05L) Abused and Neglected Children (05N) -- Other Overall Sub -Categories Urban Renewal Completion (07) CDBG Non-profit Organization Capacity Bui (19C) CDBG Assistance to Institutes of Higher E (19D) Repayments of Section 108 Loan Principal (19F) Unprogrammed Funds (22) • 11 Need Level Units Estimated $ .. 0 $0 _ 0 $0 _ 0 $0 _ 0 $0 _ 0 $0 _ 0 $0 — 0 $0 Need Level Units Estimated $ 0 $0 -- 0 $0 0 $0 _ 0 $0 _ 0 $0 — 0 $0 CER'fMCATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct am analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any 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 has incorporated and will comply with the acquisition and relocation requirements of the Chdbrrn 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 CDSG or HOME. programs. ]Drug Free Workplace — it will or will continue to provide a drug -free workplace by: 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 mairrtain.ing 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 graven a copy of the statement required by paragraph 1; 4 Notifying the employee in the statement required by paragraph .l that, as a condition of employment under the grant, the eruployee 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. Notifying the agency in writing, within ten 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; The City will modify this section in its policy and procedures. 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 workplace through 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 subcontracts, 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 jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plans -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Title 11 0 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its 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 -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it 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 Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 1998, 99, 00 (a period specifier) by the grantee consisting of 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, Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG fluids 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, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. 0 0 Place of Performance (Street address, city, county, state, zip code) Cit of Tamarac Florida 7525 N.W. 88`h Avenue Tamarac FL 33321 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 24, subpartF. 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 1 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 ofnolo contendere) 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; "Cri .111'al 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 (Ili) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are 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). (6) C:\Core"gLito8\wpdocs\T.AMARAC\CcnWcatioe CDBG.wpd 0 0 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS: A. Lobbieg 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 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. Workpla :e 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). 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: 11 The jurisdiction 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 -- It has adopted and is enforcing: 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 demonstrativus 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 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead -based Paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date Title 0