R05-130
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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,
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which plan is attached hereto as Exhibit "A";
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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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.
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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.
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Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\05-06 One Year Plan (Comm Imp).doc
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PASSED AND ADOPTED this
Ol day of August, 2005.
CITY OF BOYNTON BEACH, FLORIDA
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CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the
consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing - The 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.
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SIGNATUREI AUTHORIZED OFFICIAL
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, Fl
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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
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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
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S:\Community Improvement\CDBG\Forms\2005\Application for Federal Assistance.doc