R22-102 1 RESOLUTION NO. R22-102
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A FIRST
5 AMENDMENT TO THE SUBRECIPIENT GRANT AGREEMENT FROM THE
6 DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) COMMUNITY
7 DEVELOPMENT BLOCK GRANT-MITIGATION(CDBG-MIT) PROGRAM
8 AWARDED IN THE AMOUNT OF $2,100,000 FOR THE EAST WATER
9 TREATMENT PLANT GENERATOR REPLACEMENT PROJECT; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the City of Boynton Beach has been awarded $2,100,000 in grant
14 funding from the Department of Economic Opportunity (DEO) Community Development
15 Block Grant-Mitigation (CDBG-MIT) program for a generator replacement and piping
16 rerouting project at the East Water Treatment Plant; and
17 WHEREAS, the grant agreement was signed by the Mayor on April 15, 2022, after
18 the adoption of Resolution R22-058 which approved and authorized its execution; and
19 WHEREAS, The DEO has made a formal request to amend the Subrecipient
20 Agreement*10123 by replacing section 15 in its entirety to reflect the change in address
21 of the DEO; and
22 WHEREAS, the City Commission of the City of Boynton Beach upon
23 recommendation of staff, deems it to be in the best interest of the citizens of the City of
24 Boynton Beach to approve and authorize the Mayor to sign a First Amendment to the
25 Subrecipient Grant Agreement from the Department of Economic Opportunity (DEO)
26 Community Development Block Grant-Mitigation(CDBG-MIT) program awarded in the
27 amount of$2,100,000 for the East Water Treatment Plant Generator Replacement Project.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
29 OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1., The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 Section 2, The City Commission approves and authorizes the Mayor to sign a
S:\CA\RESO\Agreements\Grants\First Amendment DEO CDBG Grant For East Water Treatment Plant Generator -Reso.Docx
34 First Amendment to the Subrecipient Grant Agreement from the Department of Economic
35 Opportunity(DEO) Community Development Block Grant-Mitigation(CDBG-MIT) program
36 awarded in the amount of $2,100,000 for the East Water Treatment Plant Generator
37 Replacement Project, a copy of the First Amendment is attached hereto and incorporated
38 herein as Exhibit "A".
39 Section 3. This Resolution shall become effective immediately upon passage.
40 PASSED AND ADOPTED this day of July, 2022.
41 CITY OF BOYNTON BEACH, FLORIDA
42
43 YES NO
44
45 Mayor—Ty Penserga
46
47 Commissioner—Angela Cruz
48
49 Commissioner—Woodrow L. Hay
50
51 Commissioner—Thomas Turkin
52
53 Commissioner—Aimee Kelley
54
55
56 VOTE
57
58 ATTEST:
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66 (Corporate Seal)
S:\CAIRES01AgreementslGrantsTirst Amendment DEO CDBG Grant For East Water Treatment Plant Generator -Reso.Docx
DocuSign Envelope ID:6ACD78B5-5FDB-479C-8D27-37C0329C255C
DEO Agreement Number:I0123
AMENDMENT ONE
TO THE FEDERALLY FUNDED
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION PROGRAM(CDBG-MIT)
SUBRECIPIENT AGREEMENT
On April 27, 2022, the State of Florida, Department of Economic Opportunity ("DEO"), and the City of
Boynton Beach,Florida("Grantee")entered into Agreement I0123("Agreement"). DEO and the Subrecipient
may individually be referred to herein as a"Party"or collectively as the"Parties".
WHEREAS, Section 5, Modification of Agreement, of the Agreement provides that any amendment to the
Agreement shall be in writing executed by the Parties thereto;and
WHEREAS,the Parties wish to amend the Agreement as set forth herein.
NOW THEREFORE,in consideration of the mutual covenants and obligations set forth herein, the receipt
and sufficiency of which are hereby acknowledged,the Parties agree to the following:
1. Section 15,Citizen Complaints,is hereby deleted in its entirety and replaced with the following:
(15) Citizen Complaints. The goal of DEO is to provide an opportunity to resolve citizen complaints in a
timely manner,usually within fifteen (15)business days of the receipt of the complaint as expected by HUD,if
practicable,and to provide the right to participate in the process and appeal a decision when there is reason for
an applicant to believe its application was not handled according to program policies.All applications,guidelines
and websites will include details on the right to file a complaint or appeal and the process for filing a complaint
or beginning an appeal.
The Subrecipient will handle citizen complaints by:
(a) Conducting investigations,as necessary;
(b) Finding a resolution; or
(c) Conducting follow-up actions.
Program Appeals
Applicants may appeal program decisions related to one of the following activities:
(a) A program eligibility determination;
(b) A program assistance award calculation;or
(c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal with the Office of Long-Term Resiliency by email at CDB l-
'aydeo.m t7.orida.cot or by mail to the following address:
Attention:Office of Long-Term Resiliency
Florida Department of Economic Opportunity
107 East Madison Street
The Caldwell Building,MSC 420
Tallahassee,Florida 32399
HUD Complaints
If the complainant is not satisfied by the Subrecipient's determination or DEO's response,then the complainant
may file a written appeal by following the instructions issued in the letter of response. If the complainant has
not been satisfied with the response at the conclusion of the complaint or appeals process,a formal complaint
may then be addressed directly to the regional Department of Housing and Urban Development(HUD) at:
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Date Revised 4/19/2022
DocuSign Envelope ID:6ACD78B5-5FDB-479C-8D27-37C0329C255C
DEO Agreement Number:I0123
Department of Housing&Urban Development
Charles E.Bennet Federal Building
400 West Bay Street,Suite 1015
Jacksonville,FL 32202
Fair Housing Complaints
The Florida Office of Long-Term Resiliency operates in Accordance with the Federal Fair Housing Law(The
Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file
a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 CITY) or
hud.gov fairhous , .
2. All other terms and conditions remain in effect.
—Remainder Left Intentionally Blank
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Date Revised 4/19/2022
r
DocuSign Envelope ID:6ACD78B5-5FDB-479C-8D27-37C0329C255C
DEO Agreement Number.I0123
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of DEO Agreement Number I0123,as amended.This Amendment is effective on the date the last
Party signs this Amendment.
CITY OF BOYNTON BEACH,FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY
SIGNED: SIGNED: Doc„signe by:
L.44NStRGA D 'EY6r
MAYOR SECRETARY
DATE: I
���-` DATE:
I
8/19/2022
Approved as to form and legal sufficiency,subject only
to full and proper execution by the Parties.
OFFICE OP GENERAL COUNSEL
DEPARTMENT OF ECONOMIC
OPPORTUNITY DocuSigned by:
By: CW�
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Approved Date: 8/8/2022
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Date Revised 4/19/2022