R09-082
II ,
1 RESOLUTION R09- Of[ J-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING ADOPTION OF THE CITY OF
7 BOYNTON BEACH'S COMMUNITY
8 DEVELOPMENT BLOCK GRANT (CDBG) FY
9 2008/2009 SECOND PLAN AMENDMENT AND
10 AUTHORIZING EXECUTION BY THE MAYOR AND
11 CITY CLERK; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, under the American Recovery and Reinvestment Act of 2009 CDBG-R,
15 the City has been provided with a supplemental appropriation to the current years CDBG
16 . allocation to address critical employment and economic development needs; and
17 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
18 interest of the citizens and residents of the City to approve the adoption of the Community
19 Development Block Grant (CDBG) FY 2008/09 Second Plan Amendment.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
21 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 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, Florida does
26 hereby approve the adoption of the City of Boynton Beach's Community Development Block
27 Grant (CDBG) FY 2008/09 Second Plan Amendment and authorizing execution by the Mayor
28 and City Clerk, a copy of said Plan Amendment being attached hereto as Exhibit" A".
29 Section 3. This Resolution will become effective immediately upon passage.
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1 PASSED AND ADOPTED this ~ay of June, 2009.
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3 CITY OF BOYNTO~EACH, FLORIDA
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19 ATTEST:
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tv f --Of<:L
THE CDBG-R SUBSTANTIAL AMENDMENT
Jurisdiction(s): City of Boynton Beach CDBG-R Contact Person: Octavia S. Sherrod
Address: 100 E. Boynton Beach Blvd.
Bovnton Beach, Florida 33435
Jurisdiction Web Address: Telephone: 561/742-6066
. www.bovnton-beach.org Fax: 561/742-6089
Email: sherrodo@bbfl.us
ENSURING RESPONSIBLE SPENDING OF RECOVERY ACT FUNDS
Funding available under the Recovery Act has clear purposes - to stimulate the economy
through measures that modernize the Nation's infrastructure, improve energy efficiency, and
expand educational opportunities and access to health care. HUD strongly urges grantees to use
CDBG-R funds for hard development costs associated with infrastructure activities that provide
basic services to residents or activities that promote energy efficiency and conservation through
rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is
available to grantees, the Department strongly suggests that grantees incorporate consideration
of the public perception of the intent of the Recovery Act in identifying and selecting projects for
CDBG-Rfunding.
A. SPREADSHEET FOR REPORTING PROPOSED CDBG-R ACTIVITIES
Grantees must provide information concerning CDBG-R assisted activities in an electronic
spreadsheet provided by HUD. The information that must be reported in the spreadsheet
includes activity name, activity description, CDBG-R dollar amount budgeted, eligibility
category, national objective citation, additional Recovery Act funds for the activity received from
other programs, and total activity budget. An electronic copy of the spreadsheet and the format
is available on HUD's recovery website at http://www.hud.gov/recoverv.
See Attached.
2
B. CDBG-R INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY)
(1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet
for Reporting Proposed CDBG-R Activities - this will allow HUD to easily match activity narratives
with the information provided in the spreadsheet.)
Residential Greening.
(2) Activitv Narrative:
In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must
provide a narrative for each activity describing how the use of the grantee's CDBG-R funds will
meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative
must also state how CDBG-R funds will be used in a manner that maximizes job creation and
economic benefit in relation to the CDBG-Rfunds obligated, and will address the Recovery Act, by:
. Preserving and creatingjobs and promoting economic recovery;
. Assisting those most impacted by the recession;
. Providing investment needed to increase economic efficiency;
. Investing in transportation, environmental protection, or other infrastructure that will
provide long-term economic benefits;
. Minimizing or avoiding reductions in essential services; or
. Fostering energy independence.
The City of Boynton Beach plans to meet the objectives of Title XII of Division A and Section
1602 of The American Recovery and Reinvestment Act of 2009 Act's objective of stimulating
the city's economy by implementing a program which improves energy efficiency of older
single family dwellings. The City will carry out an eligible Community Development Block
Grant activity on an expedited basis.
One of the largest impacts on the very low and low-mod income community during this
recession is that of the cost of energy for heating fuel and air conditioning. This effort will
subsequently decrease and make available resources for the households affected thereby
providing long-term economic benefits.
(3) Jobs Created: (Report the number of full- and part-time jobs estimated to be created and retained
by the activity (including permanent. construction, and temporary jobs).
The number of jobs expected to be created with this activity is estimated to be
about 18.
(4) Additional Activitv Information: (A description of how the activity will promote energy
conservation, smart growth, green building technologies, or reduced pollution emissions, if
applicable.)
The activity will retrofit, install, and/or replace air conditioning condensers with
modern units that have higher efficiency seer ratings of 14 and above. We will be
installing insulation into each unit with a rating of R-30. We will be implementing a
process that will comprise of sealing around doors and windows, and filling in any
openings that will permit any air infiltration. This activity will also upgrade electrical
systems as needed to accommodate energy savings.
3
(5) Responsible Orflanization: (Contact information for the organization that will implement the
CDBG-R activity, including its name, location, and administrator contact information)
City of Boynton Beach
Department of Development - Community Improvement Division
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Octavia S. Sherrod, Community Improvement Manager
Phone: [561] 742-6066 Fax: [561) 742-6089
Email: sherrodo@bbfl.us
Monday - Thursday, 7 a.m. - 6 p.m. [commencing June 8,2009)
C PUBLIC COMMENT
Provide a summary of public comments received to the proposed CDBG-R Substantial
Amendment.
Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods
and posted on the jurisdiction's website for no less than 7 calendar days for public comment.
Response:
4
CDBG-R
Activity Data Spreadsheet
Installation and/or upgrade of air condition units, installing insulation, electrical
Residential Greening upgrade, removal of inefficient window units Decent Housing LMH 128,502 128,502
Planning, monitoring, marketing, supplies, staffing, and other activities required for
Administration the implementation of this activity $14,278 14,278
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
OBGA 1 5/21/20092:15 PM
CERTIFICATIONS
(1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing,
which means that it will conduct an analysis to identify 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 the analysis and actions in this regard.
(2) Anti-displacement and relocation plan. The jurisdiction will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 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 CDBG-R.
(3) Drug Free Workplace. The jurisdiction 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 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 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
1
(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.
(4) Anti-lobbying. To the best of the jurisdiction's knowledge and belief:
1. 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 subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
(5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs
for which it is seeking funding, in accordance with applicable HUD regulations and other program
requirements.
(6) Consistency with Plan. The housing activities to be undertaken with CDBG-R funds are consistent
with its consolidated plan.
(7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act
of 1968 (12 U.S.c. 1701u), and implementing regulations at 24 CFR part 135.
(8) Community development plan. The jurisdiction certifies that the consolidated housing and
community development plan identifies housing and community development needs and specifies both
short-term and long-term community development objectives that have been developed in accordance
with the primary objective of the statute authorizing the CDBG program.
(9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved
by HOO.
(10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priority
to activities that will benefit low- and moderate-income families or aid in the prevention of slums or
blight. Additional activities may be included that are designed to meet other community development
needs having particular urgency because existing conditions pose a serious and immediate threat to the
health or welfare of the community where other financial resources are not available to meet such needs
It has complied with the following criteria:
2
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R
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. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG-R 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-R
funds are used to pay the proportion of a fee or assessment attributable to the capital costs of
public improvements (assisted in part with CDBG-R 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-R funds. The jurisdiction will not attempt
to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG-
R 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-R funds. In addition, with respect to properties owned and occupied by
moderate-income (but not low-income) families, an assessment or charge may be made against
the property with respect to the public improvements financed by a source other than CDBG-R
funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment.
(11) Excessive Force. The jurisdiction certifies that 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 that is the
subject of such non-violent civil rights demonstrations within its jurisdiction.
(12) Compliance with anti-discrimination laws. The CDBG-R grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 D.S.C. 2000d), the Fair
Housing Act (42 D.S.C. 3601-3619), and implementing regulations.
(13) Compliance with lead-based paint procedures. The activities concerning lead-based paint will
comply with the requirements of part 35, subparts A, B, J, K, and R ofthis title.
(14) Compliance with laws. The jurisdiction will comply with applicable laws.
(15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the
American Recovery and Reinvestment Act of 2009.
(16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects
that can award contracts based on bids within 120 days from the date the funds are made available to the
recipient, and that will ensure maximum job creation and economic benefit.
(17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG-R funds for
infrastructure investments, the grantee will give preference to quick-start and finish activities, including a
goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery
Act.
3
(18) Buy American provision. The jurisdiction will ensure that all iron, steel and manufactured goods
used in construction, alteration, repair, or maintenance of a public building or public work project assisted
with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secretary
finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably
available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the
project cost by more than 25 percent.
(19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief
executive, as appropriate certifies, that any infrastructure investments have received the full review and
vetting required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official
certifies that infrastructure investments will receive the full review and vetting required by law and that
the chief executive accepts responsibility that the infrastructure investment is an appropriate use of
taxpayer dollars.
(20) 70% of CDBG-R for LMI. The aggregate use of CDBG-R funds shall principally benefit persons
of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for
activities that benefit such persons over the life of the CDBG-R grant.
Signature/Authorized Official Date
Title
4
OPTIONAL CERTIFICATION
CDBG-R
Submit the following certification only when one or more of the activities in the action plan are designed
to meet other community development needs having a particular urgency as specified in 24 CFR
570.208( c):
Where the urgent need is the current economic conditions, the grantee certifies that the activity is
alleviating current economic conditions which pose a threat to the economic welfare of the
community in which the activity is being carried out, the recipient is unable to finance the activity on
its own, and other sources of funding are not available.
Signature/Authorized Official Date
Title
5
APPLICATION FOR OMB Approved No. 3076-0006 Version 7/03
FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier
June 4, 2009
1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier
Application Pre-application
~' Construction ~ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
I D Non-Construction o Non-Construction B-08-MC-0043
5. APPLICANT INFORMATION
Legal Name: Organizational Unit:
City of Boynton Beach Department:
Development
Organizational DUNS: Division:
07-224-7133 FTB Community Improvement
Address: Name and telephone number of person to be contacted on matters
Street: involving this application (give area code)
Prefix: First Name:
100 East Boynton Beach Boulevard Octavia
, City: Middle Name
Boynton Beach
Count~: Last Name
Palm each County Sherrod
State: ZiJ:! Code Suffix:
Florida 33435
Count!)': Email:
United States of America sherrodo@bbfl.us
6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) I Fax Number (give area code)
~~-@]@][Q][]~~~ [561] 742-6066 [561] 742-6089
8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types)
r New rn Continuation IV: Revision C. Municipal
If Revision, enter appropriate letter(s) in box(es)
(See back of form for description of letters.) D ~ lather (specify)
Other (specify) 9. NAME OF FEDERAL AGENCY:
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
DD-DDD American Recovery & Reinvestment Act of 2009 CDBG-R
Residential Greening - The replacement/installation of energy efficient
TITLE (Name of Program): central AlC units, to include improvement of building envelope with
12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): home insulation.
City of Boynton Beach, Palm Beach County, Florida
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF:
Start Date: I Ending Date: a. Applicant ~~ Project
23
15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
bRDER 12372 PROCESS?
a. Federal ~ ."" ro THIS PREAPPLlCATION/APPLlCATION WAS MADE
142,780 a. Yes. · AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
b. Applicant ~ uu PROCESS FOR REVIEW ON
c. State ~ ."" DATE:
d. Local ~ .uu b. No. ITJ PROGRAM IS NOT COVERED BY E. 0.12372
e. Other ~ ."" o OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
f. Program Income ~ uu 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL ~ uu o Yes If "Yes" attach an explanation. ll2J No
142,780 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLICATION ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
~_TACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
~9rized Reoresentative
Prefix I First Name Middle Name
Last Name Suffix
b. Title . Telephone Number (give area code)
d. Signature of Authorized Representative e. Date Signed
PrevIous Edition Usable Standard Form 424 (Rev.9-2003)
Authorized for Local Reoroduction Prescribed bv OMB Circular A-102
J
.<::j"
to r -'Of~:L
THE CDBG-R SUBSTANTIAL AMENDMENT
Jurisdiction(s): City of Bovnton Beach CDBG-R Contact Person: Octavia S. Sherrod
Address: 100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Jurisdiction Web Address: Telephone: 561/742-6066
. www.bovnton-beach.org Fax: 561/742-6089
Email: sherrodo@bbfl.us
ENSURING RESPONSIBLE SPENDING OF RECOVERY ACT FUNDS
Funding available under the Recovery Act has clear purposes - to stimulate the economy
through measures that modernize the Nation's infrastructure, improve energy efficiency, and
expand educational opportunities and access to health care. HUD strongly urges grantees to use
CDBG-Rfunds for hard development costs associated with infrastructure activities that provide
basic services to residents or activities that promote energy efficiency and conservation through
rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is
available to grantees, the Department strongly suggests that grantees incorporate consideration
of the public perception of the intent of the Recovery Act in identifying and selecting projects for
CDBG-Rfunding.
A. SPREADSHEET FOR REPORTING PROPOSED CDBG-R ACTIVITIES
Grantees must provide information concerning CDBG-R assisted activities in an electronic
spreadsheet provided by HUD. The information that must be reported in the spreadsheet
includes activity name, activity description, CDBG-R dollar amount budgeted, eligibility
category, national objective citation, additional Recovery Act funds for the activity received from
other programs, and total activity budget. An electronic copy of the spreadsheet and the format
is available on HUD's recovery website at http://www.hud.gov/recoverv.
See Attached.
2
B. CDBG-R INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY)
(1) Activitv Name: (Grantees should follow the same order that activities are listed in the Spreadsheet
for Reporting Proposed CDBG-R Activities - this will allow HUD to easily match activity narratives
with the information provided in the spreadsheet.)
Residential Greening.
(2) Activitv Narrative:
In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must
provide a narrative for each activity describing how the use of the grantee's CDBG-R funds will
meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative
must also state how CDBG-R funds will be used in a manner that maximizes job creation and
economic benefit in relation to the CDBG-Rfunds obligated, and will address the Recovery Act, by:
. Preserving and creatingjobs and promoting economic recovery;
. Assisting those most impacted by the recession;
. Providing investment needed to increase economic efficiency;
. Investing in transportation, environmental protection, or other infrastructure that will
provide long-term economic benefits;
. Minimizing or avoiding reductions in essential services; or
. Fostering energy independence.
The City of Boynton Beach plans to meet the objectives of Title XII of Division A and Section
1602 of The American Recovery and Reinvestment Act of 2009 Act's objective of stimulating
the city's economy by implementing a program which improves energy efficiency of older
single family dwellings. The City will carry out an eligible Community Development Block
Grant activity on an expedited basis.
One of the largest impacts on the very low and low-mod income community during this
recession is that of the cost of energy for heating fuel and air conditioning. This effort will
subsequently decrease and make available resources for the households affected thereby
providing long-term economic benefits.
(3) Jobs Created: (Report the number of full- and part-time jobs estimated to be created and retained
by the activity (including permanent, construction, and temporary jobs).
The number of jobs expected to be created with this activity is estimated to be
about 18.
(4) Additional Activitv Information: (A description of how the activity will promote energy
conservation, smart growth, green building technologies, or reduced pollution emissions, if
applicable)
The activity will retrofit, install, and/or replace air conditioning condensers with
modern units that have higher efficiency seer ratings of 14 and above. We will be
installing insulation into each unit with a rating of R-30. We will be implementing a
process that will comprise of sealing around doors and windows, and filling in any
openings that will permit any air infiltration. This activity will also upgrade electrical
systems as needed to accommodate energy savings.
3
(5) ResTJonsible Orflanization: (Contact information for the organization that will implement the
CDBG-R activity, including its name, location, and administrator contact information)
City of Boynton Beach
Department of Development - Community Improvement Division
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Octavia S. Sherrod, Community Improvement Manager
Phone: [561] 742-6066 Fax: [561] 742-6089
Email: sherrodo@bbfl.us
Monday - Thursday, 7 a.m. - 6 p.m. [commencing June 8,2009]
C PUBLIC COMMENT
Provide a summary of public comments received to the proposed CDBG-R Substantial
Amendment.
Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods
and posted on the jurisdiction's website for no less than 7 calendar days for public comment.
Response:
4
CDBG-R
Activity Data Spreadsheet
Installation and/or upgrade of air condition units, installing insulation, electrical
Residential Greening upgrade, removal of inefficient window units Decent Housing LMH 128,502 128,502
Planning, monitoring, marketing, supplies, staffing, and other activities required for
Administration the implementation of this activity $14,278 14,278
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
OBGA 1 5/21/20092:15 PM
CERTIFICATIONS
(1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing,
which means that it will conduct an analysis to identify 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 the analysis and actions in this regard.
(2) Anti-displacement and relocation plan. The jurisdiction will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (42 U.S.c. 4601), and implementing regulations at 49 CFR part 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 CDBG-R.
(3) Drug Free Workplace. The jurisdiction 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 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 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
1
(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.
(4) Anti-lobbying. To the best of the jurisdiction's knowledge and belief:
1. 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 subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
(5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs
for which it is seeking funding, in accordance with applicable HUD regulations and other program
requirements.
(6) Consistency with Plan. The housing activities to be undertaken with CDBG-R funds are consistent
with its consolidated plan.
(7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act
of 1968 (12 U.S.c. 1701u), and implementing regulations at 24 CFR part 135.
(8) Community development plan. The jurisdiction certifies that the consolidated housing and
community development plan identifies housing and community development needs and specifies both
short-term and long-term community development objectives that have been developed in accordance
with the primary objective of the statute authorizing the CDBG program.
(9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved
by HUD.
(10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priority
to activities that will benefit low- and moderate-income families or aid in the prevention of slums or
blight. Additional activities may be included that are designed to meet other community development
needs having particular urgency because existing conditions pose a serious and immediate threat to the
health or welfare of the community where other financial resources are not available to meet such needs
It has complied with the following criteria:
2
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R
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. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG-R 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-R
funds are used to pay the proportion of a fee or assessment attributable to the capital costs of
public improvements (assisted in part with CDBG-R 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-R funds. The jurisdiction will not attempt
to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG-
R 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-R funds. In addition, with respect to properties owned and occupied by
moderate-income (but not low-income) families, an assessment or charge may be made against
the property with respect to the public improvements financed by a source other than CDBG-R
funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment.
(11) Excessive Force. The jurisdiction certifies that 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 that is the
subject of such non-violent civil rights demonstrations within its jurisdiction.
(12) Compliance with anti-discrimination laws. The CDBG-R grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 D.S.C. 2000d), the Fair
Housing Act (42 D.S.C. 3601-3619), and implementing regulations.
(13) Compliance with lead-based paint procedures. The activities concerning lead-based paint will
comply with the requirements of part 35, subparts A, B, J, K, and R of this title.
(14) Compliance with laws. The jurisdiction will comply with applicable laws.
(15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the
American Recovery and Reinvestment Act of 2009.
(16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects
that can award contracts based on bids within 120 days from the date the funds are made available to the
recipient, and that will ensure maximum job creation and economic benefit.
(17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG-R funds for
infrastructure investments, the grantee will give preference to quick-start and finish activities, including a
goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery
Act.
3
(18) Buy American provision. The jurisdiction will ensure that all iron, steel and manufactured goods
used in construction, alteration, repair, or maintenance of a public building or public work project assisted
with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secretary
finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably
available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the
project cost by more than 25 percent.
(19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief
executive, as appropriate certifies, that any infrastructure investments have received the full review and
vetting required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official
certifies that infrastructure investments will receive the full review and vetting required by law and that
the chief executive accepts responsibility that the infrastructure investment is an appropriate use of
taxpayer dollars.
(20) 70% of CDBG-R for LMI. The aggregate use of CDBG-R funds shall principally benefit persons
of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for
activities that benefit such persons over the life of the CDBG-R grant.
df~.r:t:. ~)~ 6/3/2009
Signature/Authorized Official Date
Assistant City Manager
Title
4
OPTIONAL CERTIFICATION
CDBG-R
Submit the following certification only when one or more of the activities in the action plan are designed
to meet other community development needs having a particular urgency as specified in 24 CFR
570.208( c):
Where the urgent need is the current economic conditions, the grantee certifies that the activity is
alleviating current economic conditions which pose a threat to the economic welfare of the
community in which the activity is being carried out, the recipient is unable to finance the activity on
its own, and other sources of funding are not available.
.d b..;;!:,. ~/~~ 6/3/2009
Signature/Authorized Official Date
Assistant City Manager
Title
i l'
V
5
APPLICATION FOR OMB Approved No. 3076-0006 Version 7/03
FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier
June 4, 2009
1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier
Application Pre-application
10 Construction ~ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
n Non-Construction [J Non-Construction B-08-MC-0043
5. APPLICANT INFORMATION
Legal Name: Organizational Unit:
City of Boynton Beach Department:
Development
Organizational DUNS: Division:
07-224-7133 FTB Community Improvement
Address: Name and telephone number of person to be contacted on matters
Street: involving this application (give area code)
Prefix: First Name:
100 East Boynton Beach Boulevard Octavia
City: Middle Name
Boynton Beach
Count~: Last Name
Palm each County Sherrod
State: ZiQ Code Suffix:
Florida 33435
CountrY: Email:
United States of America sherrodo@bbfl.us
6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) I Fax Number (give area code)
@]~-@]@][Q][]0~0 [561] 742-6066 [561] 742-6089
8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types)
r New rn Continuation Il71 Revision C. Municipal
If Revision, enter appropriate letter(s) in box(es)
(See back of form for description of letters.) D ~ Other (specify)
Other (specify) 9. NAME OF FEDERAL AGENCY:
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
DO-ODD American Recovery & Reinvestment Act of 2009 CDBG-R
Residential Greening - The replacement/installation of energy efficient
TITLE (Name of Program): central AlC units, to include improvement of building envelope with
12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): home insulation.
City of Boynton Beach, Palm Beach County, Florida
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF:
Start Date: I Ending Date: a. Applicant ~~ Project
23
15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
nRDER 12372 PROCESS?
a. Federal ~ w D THIS PREAPPLlCATION/APPLlCATION WAS MADE
142,780 a. Yes. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
b. Applicant ~ w PROCESS FOR REVIEW ON
c. State :Ii uu DATE:
d. Local ~ w b. No. rn PROGRAM IS NOT COVERED BY E. O. 12372
e. Other ~ w o OR PROGRAM HAS NOT BEEN SELECTED BY STATE
d FOR REVIEW
f. Program Income ~ w 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
I g TOTAL :Ii w o Yes If "Yes" attach an explanation. Je'J No
142,780 118. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLlCATION ARE TRUE AND CORRECT. THE
iOOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
~TT~CHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
@." Auth.onzed Renresentative
, Prefix Ms. I First Name Lori Middle Name
Last Name LaVerriere Suffix
b. Title Assistant City Man.R-ger . Telephone Number (give area code)
l: C'1 _'7 II 'l. .e:; (\ 1 (\
d. Signature of Authorized Representative ~. 'Y:: /'/'Il~~ e. crate signe5- 3, 2009
une
Previous Edition Usable (7 )01".... v Standard Form 424 (Rev.9-2003)
Authorized for Local Reoroduction Prescribed bv OMB Circular A-102
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida,
do hereby certify that the attached Resolution No. R09-082, consisting of two pages, is
a true and correct copy as it appears in the records of the City of Boynton Beach,
Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, dated this 3RD day of June, 2009
~'1n.~
J ET M. PRAINITO
CITY CLERK
(SEAL)
5: \CC\ WP\certifications\Resolutions\2009\Certified R09-082.doc
America's Gateway to the Gulfstream
I RESOLUTION R09- Ok" J-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING ADOPTION OF THE CITY OF
7 BOYNTON BEACH'S COMMUNITY
8 DEVELOPMENT BLOCK GRANT (CDBG) FY
9 2008/2009 SECOND PLAN AMENDMENT AND
10 AUTHORIZING EXECUTION BY THE MAYOR AND
I I CITY CLERK; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, under the American Recovery and Reinvestment Act of 2009 CDBG-R,
IS the City has been provided with a supplemental appropriation to the current years CDBG
16 . allocation to address critical employment and economic development needs; and
17 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
18 interest of the citizens and residents of the City to approve the adoption of the Community
19 ! Development Block Grant (CDBG) FY 2008/09 Second Plan Amendment.
i THE CITY
20 I NOW, THEREFORE, BE IT RESOLVED BY
21 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 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, Florida does
26 hereby approve the adoption of the City of Boynton Beach's Community Development Block
27 Grant (CDBG) FY 2008/09 Second Plan Amendment and authorizing execution by the Mayor
28 and City Clerk, a copy of said Plan Amendment being attached hereto as Exhibit "A".
29 Section 3. This Resolution will become effective immediately upon passage.
1
I PASSED AND ADOPTED this ~ay of June, 2009.
2
3 CITY OF BOYNTOl'iJ3EACH, FLORIDA
4 "\
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12 Comrryssioner -: Ronald Weil
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18
]9 ATTEST:
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28 (C
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