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R05-130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION R05- 130 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ADOPTION OF THE CITY OF BOYNTON BEACH'S 2005-06 COMMUNITY DEVELOPMENT BLOCK GRANT ONE-YEAR CONSOLIDATED ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is entering into its ninth year of receiving federal grant funds as an entitlement community; and WHEREAS, a One-Year Action Plan has been developed with activities listed, setting forth how the City intends to utilize the funds available to best address urgent needs, 19 which plan is attached hereto as Exhibit "A"; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby approves 26 the adoption of the City of Boynton Beach's 2005-06 One Year Action Plan, which Plan is 27 attached hereto as Exhibit "A" and made a part hereof. 28 29 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\05-06 One Year Plan (Comm Imp).doc 1 2 3 4 5 6; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PASSED AND ADOPTED this Ol day of August, 2005. CITY OF BOYNTON BEACH, FLORIDA l~ or~1);: ..~ W ....::;>) I,.. .,,'" :. , - . .. c:. .:~_.l-' . . /...-..... .' v~vor \' T;;JL /,H.. / I~ .,-t~~L--, ~cr . r:. ~~ Commissioner " f' Commissioner S:\CA\RESO\05-06 One Year PIan (Comm Imp).doc CERTIFICATIONS 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 an 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 - It 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 CDSG or HOME programs. Drug-Free Workplace - It 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 danger 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 plans; 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 or his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) 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 day 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: 1. No Federally 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, 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 Federally 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 jurisdictions possess 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, 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. ~ SIGNATUREI AUTHORIZED OFFICIAL KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl j' ~J -os" DATE TITLE 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 and 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 that expect to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities that 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) 2004, 2005, and 2006 (a period specified 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. 3. Special Assessments. It 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, 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, unless the 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 pubic 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: 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 or 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. SIGNAT~ICIAL J-f-() S'- DATE KURT BRESSNER CITY MANAGER BOYNTON BEACH. Fl TITLE Application for Federal Assistance 2. Date Submitted Applicant Identifier 8/15/05 B-05-MC-12-0043 1. Type of Submission: 3. Date Received by State State Application Identifier Application: Construction 4. Date Received by Federal Agency Federal Identifier Preapplication: Not Applicable 59-6000282 5. Applicant Information Legal Name Organizational Unit City Of Bovnton Beach Local Government Address Contact Octavia S. Sherrod 100 E. Boynton Beach Blvd. 561/742-6066 Boynton Beach, Florida 33435 6. Employer Identification Number (EIN): 7. Type of Applicant 8. Type of Application: Municipal 9. Name of Federal Agency: Type: Continuation U.S. Dept. of Housing & Urban Development 10. Catalog of Federal Domestic Assistance Number: 11. Description Title of Applicant's Project: Catalog Number: 14-21 Property Acquisition, demolition and replacement, Assistance Title: CDBG Entitlement housing rehabilitation, economic development, public services to low income households and persons 12. Areas Affected by Project: throughout Boynton Beach. City Of Boynton Beach 13: Proposed Project: 14: Congressional Districts of: Start Date I End Date a. Applicant I b. Project 10/01/05 09/30/06 23 23 15. Estimated Funding: 16. Is Application Subject to Review by State Executive Federal $602,322 Order 12372 Process? a. b. Applicant $-0- Review Status: Program not covered c. State $480,101 d. Local $-0- 17. Is the Applicant Delinquent on any Federal Debt? e. Other $ No f. Program Income $-0- g. Total $1,082,423 18. To the best of my knowledge and belief, all data in this application/pre-application are true and correct, the document has been duly authorized by the governing body of the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Representative lb. Title c. Telephone Number I(urt Bressner City Manager (561) 742-6010 j d. Signature ~ed Representative e. Date Signed I Y f . -- ," ~ . . -,' {)~":> v' S:\Community Improvement\CDBG\Forms\2005\Application for Federal Assistance.doc