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R06-142 1 RESOLUTION NO. R06 - (L\ ~ 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING EXECUTION OF THE 6 FEDERALLY FUNDED SUBGRANT AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND THE 8 STATE OF FLORIDA, DIVISION OF EMERGENCY 9 MANAGEMENT FOR THE INSTALLATION OF 10 PERMANENT HURRICANE WINDOW COVERINGS FOR 11 THE REMAINING 41 SECOND STORY WINDOW 12 OPENINGS AT CITY HALL; PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City Of Boynton Beach has been awarded $137,336.00 through the 16 Hazard Mitigation Grant Program to provide permanent window coverings for the remaining 41 17 second story windows not already protected with permanent window coverings; and 18 WHEREAS, staff is recommending that the Federally Funded Subgrant Agreement be 19 approved for execution by the Mayor and City Clerk in order for the City of Boynton Beach to 20 receive $137,336.00 through the Hazard Mitigation Grant Program to provide permanent window 21 coverings for the remaining 41 second story windows not already protected with permanent 22 window coverings. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 eing true and correct and are hereby made a specific part of this Resolution upon adoption 29 Section 2. The City Commission of the City of Boynton Beach hereby authorizes and 27 ereof. 28 irects the execution by the Mayor and City Clerk ofthe Federally Funded Subgrant Agreement :\CA\RESOlAgreements\Grants\Grant Agreement - DCA -remaining windows.doc 1 between the City of Boynton Beach, Florida and the State of Florida, Division of Emergency 2 Management to receive the $137,336.00 through the Hazard Mitigation Grant Program to provide 3 permanent window coverings for the remaining 41 second story windows not already protected 4 with permanent window coverings, a copy of which is attached hereto as Exhibit "A". 5 Section 3. This Resolution shall become effective immediately upon passage. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 2 30 31 32 33 PASSED AND ADOPTED this ~ day of August, 2006. CITY OF BOYNTON BEACH, FLORIDA ATTEST: S:\CA\RESOlAgreements\Grants\Grant Agreement - DCA -remaining windows.doc STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT "State Emergency Response Team" JED BUSH Governor W. CRAIG FUGATE Director October 6, 2006 Mr. James Ness Deputy Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: FEMA Project 1545-74-R City of Boynton Beach, City Hall Bnilding Wind Retrofit Project .~:-::: r- '-, -I:;~> . . C) Dear Mr. Ness: Enclosed is the executed Hazard Mitigation Grant Program contract (DCA No. 07HM-4@-10-60-02-006)betweenCityofBoyntonBeachand the Division of Emergency Management. Upon completion ofthe work identified in the contract, a Request for Reimbursement form (Attachment D) should be completed and submitted to the Division for processing in accordance with Paragraphs (17) and (18) of the Agreement. Please forward all Requests for Reimbursement (Attachment D) to the Long Term Recovery Office at the following address: Long Term Recovery Office State of Florida, Mitigation Section Susan Jones, Project Manager 100 Sunport Lane Orlando, Florida 32809 If you have any specific questions regarding the contract or the Request for Reimbursement form, please call Ruben Diaz-Torres at (850) 414-0006. Respectful~ o k\l_- I,V 0 0 OJ W. CraIg Fugate, DIrector Division of Emergency Management WCF: rdt Enclosures 2S55 SHUMARD OAK BOULEVARD. TALLAHASSEE, flORIDA 32399-2100 Phone: 850.413.9969 Suncom: 850.293.9969 FAX: 850.488.1016 Internet address: h.11.Q..;1Lw_Y.-'__~_":_F!oridaDisaster.~ LONG TERM RECOVERY OFFICE. 100 SUNPORT LANE. ORLANDO, FLORIDA 32809 Phone: 407.858.5018 FAX: 407.850.7501 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT "State Emergency Response Team" w. CRAIG FUGATE Director JEB BUSH Governor July 19,2006 Mr. James Ness, Deputy Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: FEMA Project Number 1545-74-R City of Boynton Beach, City Hall, Wind Retrofit Project Dear Mr. Ness: The Division of Emergency Management (DEM) is pleased to inform you that the Federal Emergency Management Agency has approved the obligation of Hazard Mitigation Grant Program funds for the project number(s) listed above. Please note that this is an eligible cost-reimbursement contract, and as such, the recipient must make other funding arrangements to complete this project. However, the recipient may submit periodic requests for payment throughout the project process, consistent with the terms of the contract. Enclosed are four copies of the proposed contract between the City of Boynton Beach and DEM. The official representative, as listed below, will need to sign both the signature page (Page 11) and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form (Page 36). All four (4) copies of the contract should then be sent to the address listed below for full execution no later than ninety (90) days after receipt of this letter for final execution. One fully executed contract will be returned to the City of Boynton Beach for its files. Official Representatives: County: City: Indian Tribe: Water Management District: Non-Profit: Chairman of the Board of Commissioners Mayor Chief or President Chairman Chairman of the Board 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.413.9969 Suncom: 850.293.9969 FAX: 850.488.1016 Internet address: htto:/Iwww.FloridaDisaster.orq LONG TERM RECOVERY OFFICE. 100 SUNPORT LANE. ORLANDO, FLORIDA 32809 Ph"",,. "-117 RliR lil11R I=AX. "-{)7 Rlil1 7lil11 Mr. James Ness July 19, 2006 Page Two If there is an official that is not listed above who is authorized to sign the contracts for your organization, please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. If you have questions regarding this contract or who is authorized to sign it, please call Susan Jones at 407-856-3264. ~Jt ~~ \ A Eve Rainey, Chief' ~ . Bureau of Compliance Planning and Support ER: sj/r Enclosures b \.\ A ., E.)(h~ ; T Ro b -14d-. Contract Number: 07HM-4@-1 0-60-02-006 CFDA Number: 97.039 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between theState of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as "DEM"), and the City of Boynton Beach, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS. the Recipient represents that it is fully qualified and'eligible to receive these grant funds to provide the services identified herein; and. B. WHEREAS, OEM has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, OEM has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, DEMand the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and DEM shall be governed by applicable State and F.ederallaws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon executionb~both parties and shall end January 31, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed up,on shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. 1 (~ RECORDKEE~NG (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost Principles for State and Local Governments," OMS Circular No; A-21, "Cost Principles for Educational Institutions, n or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow DEM or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to DME or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by DEM, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times 2 to DEM, its employees, and agents. "Reasonable" sRallbe coflstruedaccording to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by DEM. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or ' audit by state personnel and other personnel duly authorized byDEM. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal busineSs hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) .The Recipient shall also provide DEM and the Department with the records, reports or financial statements upon requestfonthe purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB CircularA-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through DEM by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from DEM. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS CircularA-133.asrevised. An audit of the Recipient conducted by the Auditor General in accOrdance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the 3 event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and Blects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shal! be submitted, when required by Section .320 (d), OMS Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),OMB CircularA~133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and 4 Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter,or other information required to be submitted to OEM pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to DEM for audits done in - accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in aCcordance with the conditions of this Agreement, the.Recipient shall be held liable for reimbursement to DEM of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after DEM has notified the Recipient of such non- compliance. 0) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. ThelPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Depar:tment no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide DEM with quarterly reports, and with a close-out report. . These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by DEM. (b) Quarterly reports are due to be received by OEM no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter untii submission of 5 the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to OEM or are not completed in a manner acceptable to DEM, DEM may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to OEM" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide such addit~onal program updates or information as may be required by DEM. (f) The Recipient shall provide additional reports and information as identified in Attachment F. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors,subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shaWbe made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on-site visits by DEM staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. Sy entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by DEM. In the event that DEM determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by DEM to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, DEM will monitor the 6 performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold DEM harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreeme~t. Recipient agrees that it is not an employee or agent of DEM, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against DEM, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the' State. of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of DEM to make any further payment of funds hereunder shall, if DEM so elects, terminate and DEM may, at its option, exercise any of its remedies set forth in Paragraph (11 ), but DEM may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty. orrepresentation made by the Recipientinthis Agreement or any previous Agreement with DEM shall at anytime be false or misleading in anyrespect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with DEM and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by DEM. 7 (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paraQraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse DEM for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to DEM any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. 8 (g) The pursuit of -anyone. of the above remedies shall not preclude DEM from pursuing any other remedies contained herein or otherwlse provided at law or in equity. No waiver by DEM of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of DEM hereunder, or affect the subsequent exercise of the same right or remedy by DEM for any further or subsequent default by the Recipient. (12) TERMINATION. (a) DEM may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit pub/icaccess to any document, paper, letter, or.othermaterial subject to disclosure under Chapter 119, Fla. - Stat., as amended. (b) DEM may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of noticeofthe termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to OEM by virtue of any breach of Agreement by the Recipient. OEM may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due DEM from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, retumreceipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of DEM contract manager for this Agreement is: 9 Ms. Kathleen Marshall, Planning. Manager Bureau of Recovery and Mitigation Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1259 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. James Ness, Oeputy Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742.,.6333 Fax: (561) 742-6334 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, acopy of the fully executed subcontract must be forwarded to OEM within ten (10) days of execution. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by aU applicable state and federal laws and regulations, and (Hi) the subcontractor shaU hold DEM and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (15) TERMS AND CONDITIONS This Agreement contains aU the terms and conditions agreed upon by the parties. (16) ATTACMMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work 10 Attachment B - Program Statutes and Regulations Attachment C - Statement of Assurances Attachment D - Request for Reimbursement Attachment E - Justification of Advance Attachment F- Quarterly Report Form Attachment G - Copyright, Patent, and Trademark Attachment H,... Warranties and Representations Attachment I - Certification Regarding Debarment, Suspension, IneUgibility and Voluntary Exclusion (17) FUNDJNG/CONSIDERA TION (a) This is a cost-reimbursementAgreement. The. Recipient shall be reimbursed for costs incurred in the satisfactory performance ofwor:khereunder in an amount not to exceed $14.1,998.00 subject to the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up documentation evidencing: aiL such administrative. costs, (b) Any advance payment under this Agreement is subJectto Section 216.181(16), Fla.Stat.' and is contingent upon the Recipient's acceptance of the rights of DEM under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash. needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance paymentis requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide. an explanation ofthe necessity for and proposed use of these funds. 1. No advance paymentis requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be.made on a reimbursement.basis as needed. The Recipient agrees to expend funds in accordance with the ~udget and Scope of Work, Attachment A of this Agreement. 11 If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of OEM to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from OEM. (18) REPAYMENTS All refunds or repayments to be made to DEM under this Agreement are to be made payable to the order of "Oivision of Emergency Management", and mailed directly to the Department of Community Affairs at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to OEM for collection, DEM must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., DEM shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in OEM paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850)488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANOARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to DEM request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of DEM and with 12 13 (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a., public (federal, state or local) transaction or contract under public' transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. Q) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 14 (-I<) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Division of Emergency Management reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allowpub/ic access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to DEM or be applied against DEM's obligation to pay the contract amount. (n) The State of Floridawill not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting.a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) ofthe Immigration and Nationality Act ("INA")J. DEM shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of thi,s Agreement by OEM. (21) LOBBYING PROHIBITION (a) No funds or otherresources received from DEM in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: .1; . NoFederalapprepriateElfundshaveeeen paid or willubepaidjby or on behalf of the undersigned, 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. . 15 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, the undersigned shalf complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shalf require that the language of this 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. This certification is a material representationoUact 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. (22) COPYRIGHT, PATENT AND TRADEMARK The Recipientshall comply with Copyright, Patent and Trademark incorporated as Attachment G. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authofized, by resoll.lti6h or otherwise, theexecotio'h and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment c. 1h IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recioient: CITY OF BOYNTON BEACH BY:~)t~ Nfj~ean tltle:-/ /ZX ~Vt-r?~J H~thJL Date: ?, f"7, t:10 FID# ')"1- ('~tlO ,)x#- STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT /' J (~ BY: Name and Title: W. Craig Fugate, Director Date: "it ~I "0 1., EXIDBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $141,998.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and AttachmfJnt Aare eligible expenditures for the funds awarded. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable SUBJECT TO SECTION 215.97. FLORIDA STATUTES: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO ST ATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE A~ FOLLOWS: Not Applicable NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Attachment A Budget and Scope of Work. As a Hazard Mitigation Grant Program project, the Recipient, the City of Boynton Beach, will, wind.retrofit the City Hall Building located at100 East Boynton Beach Boulevard, Boynton Beach, Florida 3343q,'by purchasing and installing Exeter storm shield hurricanebartiers forty one (41) window openings. If deemed necessary; wind protection will be provided on any other openings SUCh as skyfight~,vents, louvers and exhaust fans. All installations will be done in strict cc>mpliancewithtne FIQrida Building Code or Miami.Dade Specifications. All materials will be certified to meet the wind,and impactstandard~of the current local codes. The local municipal or county building department will inspect and certify instell.lation according to the manufacture specification. This is FEMAproject 1545-74-R, funded under 1545-DR.FL. The Period of Performance for this project ends on January 31, 2009. Schedule 0' Work State Cc>ntractihg: Prepare Competttive Bid Process for Purchase and Installation: . Award of Purchase and Installation Contract: Verify FieldOimensions for Fabrication and Engineering Review: Site Specific Engineering Submittal and Order Materials: Company Fabricates, Obtain Permits, Recv. Materials: Installation: Punch-Out and Final Inspection: Submit Project Close Out: Submit Reimbursement Request: Unpredictable Weather: Total Period of Performance: Line Item Budaet* Project Cost $118,497.00 $ 44,214.00 $ 20.404.00 $183,115.00 $ 0.00 $183,115.00 Materials: Installation: Fees Including Permits, Insurance and Bonds, and Freights: Sub-total: Administrative Cost: Total: 3 Months 1 Month 6 Months 6 Months 6 Months 1 Month' 5 Days 4 Months 3 Months 14 Days 14 Days 3 Months 34 Months 3 Days Federal Share $ 88,873.00 $ 33,1-60.00 $ 15.303.00 . $137,336.00 $ 4.662.00 $141,998;00 Local Share $29,624.00 $11,031 ;00 $5.101.00 $45,779.00 $ 0,00 $45,779,00 * Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this . Agreement is not increased. Fundina Summary Federal Share: Local Share: Total Project Cost: $137,336.00 (75%) $ 45.779.00 (25%) $183,115.00 (100%) Recipient Administrative Allowance up to $4,662.00. The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or man made disaster. The funding provided by the Division of Emergency Management (DEM) under this subgrant is only intended to pay for the materials and labor for theinstallation of storm shutters and/or other hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by DEM in no way confers or implies any warranty of use or suitability for the modifications made or installed. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. This project has not been evaluated as meeting thestandarcfs of the Department of Homeland Security, Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design and Construction for Community Shelter. It is understood and agroedby OEM and the Recipient that the building has vulnerabilities due to age, design and location which may result in damage to the building even after the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood and agreed by DEM and the Recipient that this mitigation project is not intended tomake the building use able as a shelter for the Recipient's staff or any other citizens in the event of any natural or man-made disaster. 03/2412006 16:17 FEDERALEIIERGENCY MANAGEMENT AGENCY HAZARD MITIGATION. GRANTS PROGRAM Obligation Report wi Signatures . HMGP-OB-02 Disaster No FEMA project No 74-R Amendment No State Application 10 37 Action Supplemental No No State FL Statewide Grantee 1545 o 1 73 PTOject nle : CITY OF BOYNTON BEACH, PALM BEACH COUtfT'Y, CtTY Wll '. .. WlNDRETROFIT S ubgrantee: Boynton Beach subgrantee FlPS Code: 099-07675 $137,336 Total Arriount Total Amount Total Amount A.vaiIabIe Previously Obflgated Pending Obligation for New Obligation $137,336 $0 $0 Grantee Admin Est Subgrantee Admin Est TotalObfigation IFMIS Date IFMIS StatuS FY $710 $4.662 $142.708 0312412006 Accept 2006 Total Amourt PrevioUsly AJIoc;ated $137,336 Project Amount Comments Date: 03/24/2006 User Id: DVANDEW1 Comment HMO approves obflQation Date: 03124/2006 User Id: RMEADOR1 Comment MA approves obligation Authorization Preparer Name: REUBEN MEADOR Preparation Date: 0312412006 HMO Authorization Name: DAVID VANDEWA.TER HMO Authorization Date: 03/24J2006 Slidino Scale Percentaoe: up to up to $100,000 = $1,000.000 = 3.00% 2.00% 1.00% <;:<; nnn 000.00 03/2412006 16:17 FEDERAL.. EIIERGENCYIlANAGEMENT AGENCY HAZARD-IIIl1GATION GRAN'TS.PRoGRAM Obligation Report wi Signatures HMGP-OB-02 Disaster FEMA Amendment State No Project No No AppHcation JD 1545 74-R 0 37 Action Supplemental No No State 73 FL statewide PmjectTitle : C/TYOF BOYNTON BEACH. PALM BEACH COUNTY, CITY HALL WIND RETROFIT Grantee Subgrantee: Boynton Beach Subgrantee APS Code: 099-07875 Admin Calculation Admin Cost Calculation: Sflding Scale Justification: Calculation Percentage: NlA R--~v M f: B I . Dll/""- Authorizing. Official Title ~ -2 ~7-t?L Authorization Date Authorizing Official Signature Authorizing Official Title Authorization Date Slidino Scale Percentaoe: up to up to $100,000 $1,000,000 3.000A. 2..00% ".~ nf\n nnn n/') 1 00% Jisaster FEMA "umber project Number 1545 74-R iubgrantee: Boynton Beach 'IPS Code: 099-07875 FEDERAL EMERGENCY MANAG~ AGENCY HAZARO.MmGATlON GRANT PROGRAM Project Management Report App 10 state Grantee HMGP-AP-01 J3fZ712006 3:58 AM Amendment Number o 37 F=L . StateWide Project Tile : CITY OF BOYWTON BEACH, PALM BeACH COUNTY, CITY HALL - WIND MltIaation prolect DescriDtion Amendment Status : Approved Approval StatUs: Approved Project 11tIe: CITY OF BOYNTON BEACH. PALM BEACH COUNTY. CITY HALL - WIND I Grantee: Statewide Subgrantee: Boynton Beach Subgrantee County Name: Palm Beach Subgrantee County Code: 99 Subgrantee Place Name: Boynton Beach subgrantee Place Code: 7875 Grantee County Name : Palm Beach Grantee County Code: 99 Grantee Place Name: Boynton Beach Grantee Place Code: 0 Project CloseOut Date: OOIOQIOOOO Due.Date Revised Date ~tion ~ II 0MXw000 1I OciIooIDOOOII'~J If OQIDM)ODO.II ()OIOOIOOOO It. DOmOIO(I(iO ] ~OQIDM)ODOIOQIDM)ODO~()OIOOIOOOOl I OQIDM)ODOI ~'!....- J I( QOII)OIOODOII 0QI0Q/(iD00 JI 0Mi0I000D J 11 OQIDM)ODO If OQOIODIOOOO' tI 00I00ID000. J ~ ........., R-Il -- 'I II DO/OOIDOOO II 0MlbI0000 tL 0Ml0/0000 J JOQIODIDOOO !lOMlDlOOOOJlOO/OOlOOOO J II OOI(JO.IOOOO I[ (X).IOOIOOQO Jt ~J JI 00I(JfW000 1\ oQ.lOCWOOOO. II OOIDOJOOOO J Work Schedule Statul! ~f. ~otIon ]Jme F~ ~fREPARE coYPETJTIvE.BIDPROCESS FOR ~~. DAVS . ' :oJ~ Of PIJIC1i'SEAND1NSTALlATJC><~P80..... CA. YS @] FJELD DIMENSIONS FOR FABRJCATlONiao DAYS @]t:,5PECFK' ...".-..<; ~Al-AtC>t. 80 CA.Y5 @]f, ANY FABRKOAlES. OIJW< PERMITS. ~ ""VS @] NSTALLATION ! 20DAYS ~ANDFD<ALIEPECT""' . ~. Of\YS @] UBMIT PROJECT CLOSE OUT Ih4 QA.YS @]~~I!EOIJEST J~""'" @] NPREDlCTABlE WEATHER }~ MYS @]~TATE CONlRACTlt-IG j~ Qt.YS ADDFOved.Amounts Total Approved Net Eligible r $183.11~ l Federal Total APProved Share Percent Federal Share Amount 15.~ I $137.~ L Non-Federal TotaI~ Share Percent Non-Fed Share Amount 25.~1 $45,77~ Allocation IFMIS IFMIS SubmissiOn ES Support ES Amend Proj AIIoc Amount Grantee _~tee Total Number Status Date Date FY ReqlO NuMber Fed Share Admin Amount Admin Amount AIIoc Amoont 21 A 0312212006 o3l22l2006 2006 805256 18 I $137.~ I $71q~ $4.~1 $142,1~ Totall ~~37.~ I S71Ql $4,~1 . . ~ $142,7()~ I:\.lIocations Oblioations Action IFIv'IIS IAlIS Submission Nr Status Date bate A 03/2412006 o3i24J2006 ES Support ES Amend SuppI. Project Obligated FY Req 10 Number . Nr Amt ~ Fed Share 2006 9064-12 73 T3 i $t37.~ I Total f $137.~1 Grantee Admin Subgrantee Amount Admin Amount $71~1 $4.~1 $710; [ $4,~ [ T otal.Oi:lfgated Amount. $142,70~ $142.70~ 03/27f2006 8:57 AM FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MmGATION GRANT PROGRAM HMGP-EV-Oi Environmental Report 1545 FEMA Project Number 74-R Amendment Number ApplD State Grantee Disaster Number o 37 FL Statewide Subgrantee: Boynton Beach FIPS Code: 099-07875 FEMA LawslEOs Project rdle : CITY OF BOYNTON BEACH, PALM BEACH COUNTY, CITY HALL - WIND LawslEOs Coastal Barriers Resources Act (CBRA) Status Completed Clean Water Act (CWA) . Completed Coastal Zone Management Act (CZMA) . Completed Endangered Species Act (ESA) Completed Fish and Wi1dIlfeCoordination Ad..(FWCA} Completed National HistoriC Preservation Act (NHPA) Completed Clean Air Act (CAA) Completed E.O. 11988: F100cIplains Completed E. O. 11990: Wetlands Completed E.O. 12898: Environ~ental Justice for Low Income and Minority Populations Completed FEMA NEPA Process FEMA Status Catex - Completed 1 CATEX Type Code 15. Repair, replace, restore, retrofit. upgrade to current codes and standards, or replace a facility (xv) lfan alTaordinary ~ e:xi.sls and leads to a signifiCtmt emrinJnmental impact (.see #CFR 10.8 (d) (3)), an E1rvjro~nt shall be prepared.. o No Extraordinary Circumstances Requiring an EA Documentation Complete03l1812006 03/2712006 8:57 AM FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MmGATION GRANT PROGRAM' Environmental Report HMGP-EV-01 Disaster FEMA Number Project Number 1545 74-R >ubgrantee:BoyntOn Beach =IF'S Code: 099-07875 Standard Conditions Amendment Number o AppID state Grantee 37 FL StateWide Project Tille : CITY OF BOYNTON BeAcH. .PAlMBEAcHCOUNTY, cITY HALl - WIND 1. Any change to the approved scope of worttWmrequlre re-8valuaflOn.ftJr complianCe WiIh NEPA andotber Laws encf .ExecutiveOrders. 2. This review does not addreSs lII:federal.sbIte andlOCallequ~ ~ of federal funding reqUiJes recipient to comply ~ aD federal, state and JocaIlaws: . Fanwe to obbm al appropriatll federal. state and Ioc8I enWonmenIaI. periillIs. and cIeIt~ may jeopardize federal funding. . 3. If ground distUrbin~ activities ocCur duringconstructiDrl.. appfic:ant wiD monftor ground d$rbance and if any poIenIiaI.archeo/Ogical resources are discovered; wiD immediat8ty cease COIisbucUonin thatareund flCJtIfY the ~8nd FEMI\. . Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44CFRParts 7,9.10, 13, 14, 17, 18,25,206,220, and 221, and any other applicable FEMA policy memoranqa and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Long-term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statues and regulations, the Recipient must comply with the following: The Recipient s~all fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the approved scope of work indicated therein, the estimate of costs indicated therein,the allocation of funds indicated therein, and the terms and conditions of thisAgreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project: 1. The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 2. No new structure will be erected on property other than: (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroom; or 3. A structure that the Director ofthe Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; 4. After the date of the acquisition or relocation no application for disaster assistance for any purposf3v.'iUbemade to any Federal entity and no disaster assistance will be provided for the propertY by any Federal source; and . <.. . .', <.' .. ....... . 5. If any of these covenants and restrictions is violated by the owner or by sOl1le,thirOparty withth~knpwl~dge of the owner, fee siiTIple title to the Property described herein shall be cOnveyed to the Board of Trustees: of thelntemallmprovernf3ntTr:t,J~tF4Jlq ofthe Statepf Florida \\Iimout fUrt/1er notice to the owner, its successors and assigns, and the owner, Us ftUCcessors.andassigns shallfoffeit all right, titleandinte"f3~t in;;tno tp theprpperty. : :: ;' t't~ - : .-- ~ HMGeq6r'ltracf~~nag~r ."".m .eva.luate' r~questsfor cost overruns~nd$,uJ)mit.tqtheRegional Director writte,,' determin'ation of cost overrun eligibility. Costoverruhs shall, I1lElet Feoeral regul~tionsset forth in 44CFR 206.438(b):" . The N~tior)~llEnvirol1l:nElntalPoliCY Acr(~EPA) stipulates thatadditioD$Orall)endment$.tp a HMGPReSipiElilf$.~pe.qfWork. (S9W}'shallbe r~vjewe~by aIlStateand.Fede~l,agel,1cie$ .participating in the NEP. Ap.., roc. .e.."s,.'...S. .y.,'o..,.....LJ..'are.r,,~m,...,.,.ind, S.d.t..h, af.no....co.. . n,.stru,' ctionmayoCcurinthisPhase.that.a full . environmentalrf3vieYi rriust'Qe(;6rhp1e.ted prior to funding Phase H. -.-- .~':" :' .' i' - p,s ,areri'lincf3r, the~ecipient' n'Iustobtainptior approval fromtheSt~te;!>~fo.r~,implernenting changes to theapprovEld'projecfScopeof WorK (SOW): . Psrthe Uniform Aomini$tratiye Requirements for Grants and Cooperative 'Agreements to State and Local Governments: . 1. For construction projects,. the grantee must "obtain prior wriftenap.Ptoval for any budget revi~,ipn whichresultina nef3d for additional funds" (44 CFR 13 (c)); .' 2. 'AqQ;,;1ngeir1"Jh~scopeofWorkmustbeapprovea by FEMA inadvance,.regard1e.ssofthe budg~t'ih')plication~.;an(f .., .... '.' .' . ..... 3. . Thf3.'ReCiplentmusfnotify the State as soonas'significantdevelop~ents become known, 5.uCha,sdelaysorad\lerSec()nditiOris..ttiat mightraise costs ordf3layro"Jpleth:m,' at favorable conditi8nsa,,()win~,IQwE:trpost ore~rlier 'completion. Any extensions of the periodof performance must be s'ubmitted to FEMA 60 days prior to the 'project expiration date.: (e) Attachment C Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the ReCipient hereby assures and certifies that: (a) (b) It possesses legal authority to enter into this agreement, and to execute the proposed program; Its governing body has duly adopted or passed as anoffici.al act a resol.ution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandingsqnd assurances, c(:>ntq,in7d therein, and directing and authorizing the Recipient's chief ADM!NISTRATIVE o'fficeror c1eslQnee to actin connection with the application and to provide such additional information as maybe required; (c) No member of ordel~atetothe Congress of the United States, and,po Res>,idEult 90rnmissioner, shqll be admitted to any share or part of this agreement or to,al'1Y benefit tOC:lri~e fr,oll1 th~salTle. No member, officer, or employee of the Recipient or its qesig~~e~ orqgepts, qO'!lernb,erofJhe governing body of the locality in which the prpgram is situated,qnd noot/:lerpublicofficial of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure orfor one year-thereafter, shall have any interest dir,7cfpr jnqir~ct, in a~y contract or subcontract,' or the proceeds thereof, forwork to be performed in.col1nectfO.l1with the program assisted under this agreement. The Recipient shall inc()rporqte' or cause to . be incorporated, hall such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Recipientcontracts for which the State Legislature is in any part a fundingsoLirce;shall contain language to provide for termination with reasonable costs to ,be paidl?ytMRecipient for eligible contract work completed prior to the date the, notice ()f~yspension off.u.hc:iihgwas received by the Recipient. Any cost incurred after a noti~e of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously apprOVed in Writing by DEM. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201. et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another (I) (m) purpose involving the provision of similar services or benefits; (2) ADYProhibition against discrimination on the basis of age under the Age Discrimination I;ctof1975,as amended (42U.S.C.:6101-6107)whichprohibits piscrimination on the basisofa~f:l,or""ith respect to otherwise qualified handicapped individuals as provided in Section 5Q4 O. (the Rehabilitat, ion Actof1973; . -.. , (3) ExeqLJtlyeOrder 11246 as amended by Executive Orders ,11375 and 12086, and the re'gulations issued pursuant thereto, which provide thatno person shall be discriminated against on the basis of race, color, religion,sexornationaLo(i9Irin all phases of emplp~e~t during the ,performance. offederal or federally assisted construction cpntr~c;ts;affirrhatiye ,actk:>n' to insure fair treatment in employment, upgrading; demotion, or transfer; recruitment or recruitment'advertising; layoff/termin~tion, rates of payor other foim" " s.o(pompensation;' and election for training and ,apprE;lnticespip; .'.... -'.":' .'. , ' (9) . TheR~p.iBi~n(i;lgr~e~:.toC9mplywith tl1eAmericansWithDisabilitie,s.~qt(Public aw 101-336, 42 U,.Sp.. S~C.ti~0,Il,j~1()t. et'sea.),WhereappJicable,.. Which,.prohibits.discrim;nation by public and private;!iintitie~'O~J~~'.Q.fi~i$',Of' di.sabUityin the, areas 'of'employment.pui)fj~ accommodations, transPPrtatibn'; Stateal1,Uopal government services, and in' telecommunications;" ItwiUe~t~blishsafegLJardsto prohibitemploye~sfrOmUSingp.()SitiOrlSfQ;,~purpose that is or givesJheappeaq~oc;e.pf b~irig motivated by a desire'for private;:gainJor themselves or other~i. particuler'ympsewith whom they have family; business, or other ties pursuant to Seotion.112.313 and Section 112.3135, FS; (h) (i) . . Itwiil compl{withtf1e Anti-Kickback Act of 1986, 41 U.S;Ci.Section51 wOich outlaws and prescribes penalties for "kickbacks" of wages in federally financed oraS$istedconstruction activities; 0) It will'complywithmep(c>yisions of18LJSC 594,598, 60D-605(furtherknown as the Hatch Act) which limits the political aCtivities of employees; . . It will comply with.tbeflood insurance purchase andotherrequirements of the Flood Disaster Protection Act of 1973 as amended, ,42 USC4002-4107; including requirements regarding the purchase.of flood insl,Jrance in communities where such insurance isayailable as a condition for the receipfof anyF.e,'~era! financiaJassistancefor construction oracquisitiqn purposes for use in any area having sP.eciaJ flood hazards. The phrase "Federal financial a$sistance" includes any form of loan, grant,.g,uaranty, insurance' payment, rebate, subsidy, disa$ter assistance loan or grant, or any otherforn:i of direct bfindirect Federalassfstance; (k) It willrequjr~every building or facility (other than a privately owned residential structure) . desighea,"c.PQstrt.rctea,-,ora1fe1'"ettwith"fdlTcts"provide11"tinder1his'Agreementto.complywith the "Uniform FederalAcce~$ability Standards," (AS) which is Appen~ixAt041' CFRSection 101- 19.6 for generalJype buildin.~s and~pendix A to 24 CFRPart 40 for residential sfructures. The Recipient will beresponsibJe for conduCting inspections to ensure compliance with these specifications by the contractor; . It will, in connection with its peFformance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.c. 469a-1,et seq.) by: (1) Consulting with the State HistoricPreservationOffice to identify properties listed in or eligible for inclUsion in the National Register of Historic Places that are subject to adverse effects (see 36 cFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the. terms and conditions of the. "Programmatic Agreement Among the FederaJEmergency Management ~gency,thEt FI.()ridaState Historic Preservation Office, the FlorldaDivisioQ~f Ernerge,,!~y,:Management and the Advisory Council on Historic Preservation, (PAy" which addresses roles and reSponsibilities of Federal ,and Sta!e entitieSinirnplem~nti~QSection 106 of the National HistoricPreservati.on Act(NHPA), r6 U.S.C. 4.tOf, and implementing regulations in 36 cFR part 800. ,.... (4) When ~nY of Recipient's projects funded und~r thisAgr:eer,rl~l"lrmay affect a historic property, as, defined in 36 CFR800. (g)(e,),J~f) Fr?~raIEmergency Management Agency (FEMA) may requireRe~ipienttglt~yle\'V:th~ eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggestmethods of repairpr c;qnstr~ction that~jU,con!Qr.[!wjth, thf,l :., recomrnen(jedapproachesset,out in. the Secr~~aQt;9f)t1t,rl9.....s' ~tandards for Rehabilitatiol1and Guidelines for ~eh~bifj~tl~~~i~,~~~fi~i'~~~!pi~~~-1~~92 (Standards),' the Secretary of. the .ll1terlo..'~Gylfl..llne!rf~r~cheologlcal Documentation (Guidelines) (48 Federal Register 44734~31), or any other applicab/e'Secretary of Interior standards. .If FEMAcl~terrni?esthC!t the eligible scope of work will not conform. with the Standards,Re(;ipie.nt'~gre~sto participate in consultations to develop, and, aftere,xeC4H9nbyall parties,to abide. by, a written agreement that establishesmitlQation ~ndrf,lcoridition' measures, including but not limited to, impacts to archeological sites, andthe salvage, storage,. arid reuse of any significant ,,!rchitectwa.l features that may otherwise be'demolished. " . (5) Recipient agrees to notify FEMAand DEM if any project funded under this Agreement Will involve,ground disturbingactiyities,inc/udipQ, but not limited to: subsurface disturbance; removal of trees; eXGavatiQnfpr foo~!n9s and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septictanks)ex(;eptvvh~~e.these activities are restricted solely to areas previously disturbed, b.y the installation, replacement or maintenance of such utilities. FEMA will request me 8HPO's opinion on the potential that archeological properties. may be preseryt .and be affected by such activities: .The.SHPO will advise Recipient onanyfe,f,3s(I:?le st~psto be accomplished to. avoid. any National Register eliQible '~rch~ological.property or will make recommendations for the deve/opmf,lnt of a treatment plan for the recovery of archeological data from the property. If~Recipient"is-tJnable-t(}avoid~tAe'arSA.eol~giGal..prope~}t...develop,jncolJsLlltation withtheSHPOj atreatmentplan consistent with the GuideUne$ andt"!K~.into account the Advisory Council on Historic Pre~ervaUon (Council) publication "Treatment of ArcheologicaIProperties"_ Recipientshallforward information regarding the treatment plan to FEMA,the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan" FEMA may direct R.ecipient toirnplement the treatment plan. If either the. Council or the SHPOobject, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify DEM and FEMA.as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a projectthat mayresult ina supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient (u) (v) (w) (x) (y) (z) (aa) acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery ofa previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipientfurther acknowledges that FEMA may reqlJireR~cipi~nttota~e.an,reason~l:>le measures to avoio or minimize harm to such property until Fe;MA,conclud~s'consultation with the SHPO. Recipient also acknowledges that FEMA Will require, and Recipie~t !)hall comply with, modificati,ons to the project scope of work. necessary to implement recommendations to addr~ss the project~ndthe. property. . (7) I. . .,,:., ,...~:i:;',-~,>:- ,:_,', ,"'0"_-," ReCipient acknowledges that. unle~sFEMA sp~~ificallys~ipLJJate.s otherwise, it shall not receive fundin. g for projects when, with.. 11J.~e. . nt. to. ' a. '.v. o. ..,id..,th.e.r. e.. q. u...ir. ements of the PA or the NHPA, Recipient intentionally and Significantly adversely affects a historic property, or having the legal power to prev~l)t it, al.lowed such signifiCClnt adverse affect to occur . (n) It will qomply with Title IXoftheEducationAmendme.nts of. 1972,as~mended(20U.S.C.: 1681- 1683 and 1685 - 1686) which prohibits discriminaticm on the basiS()fs~x; It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, tteatrrient and RehabilitationActof1970,(42'U.S.O. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; ..' . (0) (p) It will comply with 523 and 527 of the Public Health8ervice Actof1912(42U;~ .0. 290d9-3 and 290 ee-3), as amended, relating to confidentiality of alcOhol and drug abuse patientrecords; It will comply with Lead-Based Paint poison Prevention Act (42 U.S.C.: 4821 et seq.) whiCh prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) (r) It will cornplywith the Energy Policy and Conservation Act (Pol. 94-1,63; 42U.S.G~ 6201-6422), and.the provisions ofthestateEnergyGonservation Plan adopted pursuantthereto; It will comply with the Laboratory Animal Welfare Act of. 1966, 7 U.S.C. 2131~2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other" activities supported by an award of assistance under this agreemen't; , (s) (t) It will comply with Title VIII oftheCivil'Rights Actof 1968, 42U.S~C. 20QOc and42 3601'-3619, as amended, relatihg to non-discriminationinthe sal~,l:ental,or finl;lqcing of housing, and TitleVI of the Civil Rights Act of1964 (P.L. 88'-352), which prohibits dis,criminationon the basis of race, color or nation origin;' It will compIYWith~lhg'eleancAir~ActoH955;as.camenQed.,42.U.S.C.7AOj -7642;uu It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; It will comply with the Endangered Species Act of 1973, 16U.S.C. 1531-1544; It will comply with thelntergovemmentalPersonnel Act of 1970, 42 U.S.C. 4728-4763; It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C.4321-4347; It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, at seq; (dd) (ee) (ff) (gg) (hh) (ii) OJ) (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U .S.C. 794, regarding non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; It will comply with the requirements of Titles 1/ and III of the Uniform Relocation Assistance and Property AcquisitionPolicies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; It will comply with the following Executive Orders: EO 11514 (NEPA); EO.11738 (vio'ating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); It will comply With the COastal Barrier Resources Act of 1977, 16 D.S.C. 3510; It will assure project consistency with the approved State program developed under the Coastal Zone Mpoagement Act of 1972, 16 U.S.C. 1451-1464; and It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Rerum thE! property to its natural state as though no improvements had ever been contained thereon.' 3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the pre~encEl ofa~b.estos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Depart~ent. 4. PrOVIde documentation ofthe~inspectionTestJltsfor each, structureto.indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify OEM promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. . Provide documentation of closures. 10. Comply with mandatory standards and policies relating to energy.efficiency which are contained in the State energy conservatiol1.p!an issued in COl11p./ipnce with the Energy Policy and Conservation Act (Public Law94~163).' 11 . Comply with all applicable. standards, orders, or requirements issued under Section 112 .. and 30~., of the Clean Air Act (42 U.S.C. 1857{h), $~G~i9.11508 of the CI~at:l.W.aterAct (33 U.S. 1368), Executive Order 11738, and the U:S. Environmentell Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION GRANT PROGRAM FUNDS RECIPIENT NAME: City of Boynton Beach ADDRESS: CITY, STATE, ZIP CODE: PAYMENT No: . DEM Agreement No: 07HM-4raH 0-60-02-006 FEMA Trac 'nQ Numbers: 1545-74-R Eligible Obligated Obligated Previous Current DEM Use Onlv Amount Federal Non-Federal 100% 75% 25% Payments Request Approved Comments . k' TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the DEM agreement and payment is due and has not been previously requested for these amounts. RECIPIENT SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT APPROVED PROJECT TOTAL $ ADMfNISTRA TIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 29 DIVISION OF EMERGENCY MANAGEMENT SUMMARy OF DOCUMENTATION INuSUP~,ORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE' HAZARD MITIGATION GRANT PROGRAM Applicant's . J~ElfeJenc;:e .l\h . (\oVar'r'ant, Voucher, Clf:lim Check, or Schedule No.) Date of delivery of articles, completion of worn or . . performal)ce . .servic'es, . DOcuMENTATION . '.. List Documentation {Applicant's payroll, material out of applicant'sstOCk,applica,l'ltowned . equipment l;Iq<j. n.amEl of vendor;(:)r,'co.!ltractC)r)br(::.l[lt~ory and line item in th~( appr.ov~pr6ject.l:iIppl,jcation and give a brief description of the artic;i~ or serilces. . [)isa~!~rJ\lo. 1545 ; ,FEMATrapkingif 1545-7 4;.R Applicant: City of Bovnton Beach. DEM Agreement'No. 07HM4@..10:'60'-02-006 TOTAL Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. Ifan advance p~yment is. requested, budget data on whiC;h th~ request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181 (16)(a)(b), Florida Statutes. The amquntwhich may be advanced shall not exceed the. expectedC9sh needs of the recipient within the initial three months. [ ] NO ADVANCE REQUESTED [ J ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of$ . . .. .. is reques~ed.B~lance of payments will be made on a reimbursement basis.. These funds are needed to pC'iystaff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet. DESCRIPTION (A) FFY 2004 (8) FFY 2005 (C) FFY 2006 (D) Total 1 2 an advance. 3 MAXIMUM ADVANCE ALLOWED CALULATION: x $ Cel/D3 HMGP Award (Do not include match) = MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous HMGp contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional circumstances that require an advance greater than .the Ma~imum Advance calculated above. Complete estimated expenses chart and ExplanatIon of Circumstances below.. Attach additional pages if needed. [ 31 ESTIMATED EXPENSES BUDGET CATEGORY ADMINISTRATIVE COSTS PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 2006-2007AnticipatedE;oxpe.nditures for First ThreeMonths of Contract ' Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM RECIPIENT: City of Boynton Beach Project Number # 1545-74-R PROJECT LOCATION: Wind Retrofit DEM ID #: 07HM-4(oH 0-60-02-006 QUARTER ENDING: DISASTER NUMBER: FEMA-1545-DR-FL Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: July-Sep, 200_$ Jufy-Sep, 200_$ Oct-Dee, 200_$ Jan-Mar,200_$_ Apr-June, 200_$_ Oct-Dee, 200_$ Jan-Mar, 200_$ Apr-June, 200_$_ Percentage of Work Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [] Yes [J No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [] Cost Unchanged [ J Under Budget [ ] Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DEM as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This Form AttachmentG Copyright;PatehtandTrademark ANY AND ALL PATENT RIGHTS ACCRUING UNDER ORIN CONNECTlqNJ'\/[Hf '[H;,< PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE.OF FLoRIDA. ANY AND ALL COPYRIGHTS ACORUINGUNDe~!PR,INCO~N;l3PTI,gN"WI;rti TfiE peR.FQ~MANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENt 'TO THE STATE OF'; FLORIDA. . C-'. ,_ . '''C_,_ If the ,ReCipient brings to the performanceof;this..Agree,rnen(~ pr~.~XiS,tiRQP~teAtof.popyright, the Recipient shall retain all rights and el'ltitl,ements to,that,pre.-existing pat~ntorC9Pyright'uhless the Agreement provides otherwise. . . " . . t.:"'., ,",. ., ,''-C''_'' ,...:'.... If any discovel)' or invention arises 0r is.d~Yelopeq, in the, p()U.rs'~iP'~.gr..,~~.~r~s.ultgfY>'orl<or services performed under this Agreement, or in any way connected herel!y.ith;oXh~~~~qi~i,e,nt,~hall refer the discovery or invention to the Division of Emergency MaAagement (DEM)foraoete'rmina'tiorfwhether patent protection wiU be sought in the name of ti:le:StEilteof Flli?rid~. AJ1Y,and E;l!1 p~tent, riQotsaccruing under or in connection with the performance of this Ag:reement are hereby reset;V~,~:toJh~',~~te of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify DEM. Any and all copyrights accruing under or in connection with the pe.rfQl1T1ance. under this Agreement are hereby transferred by the Recipient to the State of Florida. . . ". " . ,,' _ . ._,"'_.. )" _,_:~_;';,~, "<"_:'~_':,,'__> ,-,i''-'.i'--,___, ~_---:_ . ,':- ,:;:_H ...., . 'Witlli~'thirty(aO).days'Of exe~tionoHhjsA9r~,E)meflt;Jhc:l~eciBirnJ~ha.ll\cJi~,g1p~~.,a'IIntel1fjptyal properties r~reV'antto', thep~rf(jrmanceof this'Agreementwhicn n.~gf~~EtJ<llo,w~d~r~,np~I~k,f1QWc6utq.. give'.rise toa patenforcopyright. ',' The ,Recipient shall. retain,alltig~~'."!PQ.~l)t{y~me:n~.tpf3Q,f,pfe~xisting intellectLJalptoperty'Whichis'so diSclosed. Failure to disclosewmindiga~eJh~fnpsuCh;RrQ~EJi1y exists." '. DEM shall then , . underParagraph (b),. haveJheright to, all pat~l1tsand copyri,gq!~'Nhich oCC4r during perform ari ce of the Agreemerit. Attachment H Warranties and Representations Financial'Manaoement Contractor's Dnancic:1I management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Recordsthajidentify adequately the source and application of funds for all activities covered by this. contract; These records shall contain information pertain!ng to grant awards, authorizations,obligations, un-obligated balances, assets, outlays, income and interest (3) Writtenprogeduresfor determining the reasonableness, allocability and al/owability of costs in aCcqfdl3rlce )Nith,the provisions of the applicable cost principles and the terms and condi~ions ofthis grant. (4) Accounting records, including cost accounting records that are. supported by source documentation. Competition Allpfocureml3pt transactic>ns shall,be conducted in a manner to provide, to the maximum extent practical, open .a. '.nd fre. ...e. '.' co...m.... pe. titi..o...n. ...'.:... .T.'.h. e C. ..0.' ntracto. r s. h.a.. '.'.' b.eaJertto conflicts of interest as we.I./a. s n.. onc. O'ITJ.....petitive pr.".a. ct..lGes am.... 0 ng. S'ub......~. ~g.'tlt~.a.'...ctor.st.h..at.m.:..ay re.strict or elimin. ate competitionoroth.8IWiser.estrain.tJ:c:l.de, In order to enstJreo.t>jebtive,sut>-:co~tractorperformance and eliminate unfair competitive. adVc:ll1t~Qe,.~LJb- contrac~ors thatdevelop'()f.draftspeciffcations, reqUirements, statements of work, invitations f9fPi.cjs and/or requests for proposals shall be excluded from competing for such procurements. Awards sh?lll be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most adyantageous to the Contractor, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Contractor. Any and all bids or offers may be rejected when it is in the Contractor's interest to do 50. Codes of Conduct The Contractor shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of sub-contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a sub-contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or isabOuf to employ anyof tneparties ihOicatefdnetein, lias a financial or otherinterestinth-e firm selected for an award. The officers, employees; and agents of the Contractor shall neither solicit no~ accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Contractor. Licensino and Permittino All subcontractors or employees hired by the Contractor shall have all current licenses and permits required for all of the particular work for which they are hired by the Contractor. Attachment I Certification Regarding Debarment, Suspension, Ineligibility .and Voluntary Exclusion Contractor Covered Trarisactions: 1. The prospective contractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction byanyFederal department or agency. 2. Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Recipient's Name Contractor By: Signature DEM Contract Number Name and Title Street Address City, State, Zip Date