R03-176RESOLUTION NO. R03 - I"/~:~
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING EXECUTION OF A GRANT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND THE DEPARTMENT OF COMMUNITY AFFAIRS
LOCAL MITIGATION FOR THE INSTALLATION OF
PERMANENT HURRICAN WINDOW SCREENS AT CITY
HALL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, this grant award w ill provide 7 5% funding for t he purchases and
of 24 permanent hurricane resistant window coverings on second story windows
cannot be shuttered through standard methods; and
WHEREAS, adequate fortification of all the second story windows at City Hall is
to the protection of both the building and the critical equipment and offices contained
the building;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
rang true and correct and are hereby made a specific part of this Resolution upon adoption
Section 2. The City Commission of the City of Boynton Beach hereby authorizes
the execution of the Agreement between the City of Boynton Beach, Florida and
Department of Community Affairs Local Mitigation, a copy of which is attached hereto
Exhibit "A".
Section 2.
This Resolution shall become effective immediately upon passage.
\CA\RESO~Agreements\Grants\Grant Agreement - DCA - windows.doc
PASSED AND ADOPTED this ~[ I day of October, 2003.
\CA~RESO~Agreernents\Grants\Grant Agreement - DCA - windows.doc
Contract Number: 04HM-?L-10-60-15-013
CFDA Number: 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Boynton Beach, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
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, the Department has received these grant funds from the federal government, and
has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set
forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and 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 the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end nine (9) months
from the date of execution, unless terminated earlier in accordance with the provisions of paragraph (9) of
this Agreement.
(4) MODIFICATION OF CONTRACT; REPAYMENTS
(a) Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon Shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(b) The Department Contract Manager (DCM) will evaluate requests for cost overruns and
submit to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet
Federal regulations set forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP subgrantee Scope of Work (SOW) shall be reviewed by all State and Federal agencies
participating in the NEPA process. You are reminded that no construction may occur in this phase, that a
full environmental review must be completed prior to funding Phase II.
As a reminder, the subgrantee must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
The Subgrantee must notify the State as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion,
or favorable conditions allowing lower cost or earlier completion.
(c) All refUnds or repaYments to be made to the Department under this Agreement are to
be made payable to the order of "Department of Community Affairs", and mailed directly to the
Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department 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.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Govemments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," 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 for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to the Department or its
designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by the Department, with the following exceptions:
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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 f'rve years
after closing of title.
(c) All records, including supporting documentation of all program costs, shall be
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 to
the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
"Agents" shall include, but not be limited to, auditors retained by the
time, on Monday through Friday.
Department.
(6)
REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly reports, and
with a close-out report.
(b) Quarterly reports are due to be received by the Department no later than 30 days
after the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of 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.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and is consistent with the Budget and Scope
of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment F.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure that time
schedules are being met, the Budget and Scope of Work are being accomplished within specified time
periods, and other performance goals are being achieved. Such review shall be made for each function or
activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the
performance and financial management by the Recipient throughout the contract term to ensure timely
completion of all tasks.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to,
on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised,
and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department. In the event that the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Department 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, the Department will monitor
the performance and financial management by the Contractor throughout the contract term to ensure
timely completion of all tasks.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is
not an employee or agent of the Department, 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 the Department, 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.
(9) DEFAULT; REMEDIES; TERMINATION.
(a) 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, or if any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
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:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is
unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said matedal adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under the Budget and Scope of Work attached hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely
cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the
pursuit of any one of the following remedies shall not preclude the Department from pursuing any other
remedies contained herein or otherwise provided at law or in equity:
1. 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 paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
law;
5. Exercise any other rights or remedies which may be otherwise available under
(c) The Department 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 public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) In addition to any other remedies, the Recipient shall return to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations governing
the use of the funds under the program.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department 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 the Department from the Recipient is determined.
(10) 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, return receipt 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 the Department contract manager for this Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
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(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. James Ness, Deputy 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 (lO)(a) above.
(11) OTHER PROVISIONS.
(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 Department 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 the
Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null
and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other
provision of this Agreement.
(c) No waiver by the Department 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 the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
or discriminatory vendor list.
(g) 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;
l0
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in Paragraph
11 (g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation tothis Agreement.
(h) The Recipient shall 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 this Agreement. 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 the Department 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:
the property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
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
a structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
after the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for the
property by any Federal source; and
o
if any of these covenants and restrictions is violated by the owner or by some third party with
the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Intemal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
3.2
(12) 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 by the Department. "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 the Department with the records, reports or financial
statements upon request for the 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 Circular A-133, as revised, and in the event that the Recipient expends $300,000 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 the Department 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 the Department. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. 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 Paragraph 12 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the
3.3
audit must be paid from non-Feaeral 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 shall be submitted, when required by Section
.320 (d), OMB 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
Department of Community Affairs
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 10t~ Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-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
Department of Community Affairs
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any report~,, management letter, or other information required to be submitted to the
Department 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 the Department 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) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report is issued, and shall allow
the Department, or its designee, the Comptroller, or Auditor General access to such records upon request.
The recipient shall ensure that audit working papers are made available to the Department, or its
designee, the Comptroller, or Auditor General upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Department.
(j) 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 the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(k) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of five years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the five-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(I) 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. The IPA shall state that the audit complied with the applicable provisions noted
above.
3.5
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department 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.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(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:
(16)
Exhibit 1
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
FUNDING/CONSIDERATION
Funding Sources
Budget and Scope of Work
Program Statutes and Regulations
Lobbying Prohibition/Certification
Statement of Assurances
Request for Advance or Reimbursement
Quarterly Report Form
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $42,386.00
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida
Statutes. 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
3_6
payment is also subject to federa~ OMB Circulars A-87, A-110, A-122 and the Cash Management
Improvement Act of 1990.. If an advance payment is requested, the budget data on which the request is
based and a justification statement shall be included in this Agreement on the summary of Documentation
form (E-2). This form will specify the amount of advance payment needed and provide an explanation of
the necessity for and proposed use of these funds.
1. No advance payment is requested.
2. An advance payment of $
is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
needed.
Attachment A of this Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) 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.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yeady basis for a period of up to two (2) years after the initial agreement or for a period no longer than the
term of the original agreement, whichever period is longer, specifying the terms under which the cost may
change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public 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.
(f) If the Recipient is allowed to temporarily invest any advances of.funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State o~, ~orida will not intentionally award publicly-),~, ~ded 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) of the Immigration and Nationality Act
("INA")]. The Department 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 employmedt provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) LOBBYING PROHIBITION.
(a) No funds or other resources received from the Department 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. No Federal appropriated funds have been paid or will be paid, by 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.
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 shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall 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 certificatior~ is a material representative of fact upon wr~ch 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. : "
(19) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In the event that any
books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any and all copyrights accruing under or in connection with the performance under this
Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which occur during performance of the Agreement.
(20) 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
authorized, by resolution or otherwise, the execution 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.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment D.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department 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 the Department 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.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Name and title: ~URI BRESSNER
Date: J,{)ld~'~/C~ BOYNION BEACH, FL
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
Name and Title: Wa Crail;i Fugate, Director, Division of Emergency Management
Date: J,l /1~ ~.~j q
20
CIT"
EXHIBIT- 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: $42,386.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
Only the services described within the attached Agreement and Attachment A are 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 STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Not Applicable
NOTE: Section .400(d) of OMB Circular A-J 33, 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
The Recipient, Boynton Beach, will install Miami-Dade County Approved perforated hurricane barrier
system to protect the designated second floor window openings located on the north and west elevations
of the City HalI/EOC wing of the subject complex.
The project completion work schedule is as follows:
Work Schedule
Select vendor
Issue Purchase Order
Begin Installation
Installation completed
Request Closeout
Up to 3 months
4 months
6 months
8 months
1 month
The total amount of time for project completion is 9 months.
The Department Contract Manager (DCM) will evaluate requests for cost overruns and submit to
the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal
regulations set forth in 44 CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP subgrantee SOW may have to be reviewed by all State and Federal agencies participating in the
NEPA process.
As a reminder, the subgrantee must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
· For construction projects, the grantee must "obtain prior written approval for any budget
revision which would result in a need for additional funds"
(44 CFR 13(c));
· A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
· The Subgrantee must notify the State as soon as significant developments become
known, such as delays or adverse conditions that might raise or delay completion, or
favorable conditions allowing lower cost or earlier completion.
This is FEMA project 1359-0012.
Funding Summary:
Federal Share:
Local Share:
Total Project Cost:
$40,780.00 (75% of Total Project Cost)
$13,593.00 (25 % of Total Project Cost)
$54,373.00
Subgrantee Administrative Allowance up to $1,606.00.
22
~7/31/20~)3
9:08 AM
Disa=t=r FEMA
Nun Project Number
t3 12-R
Subgrantee: Boynton Beach
FIPS Code: 099-07875
.~ERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
Project Management Report
Amendment App ID State Grantee
Number
3 '12 FL Statewide
Project Title: Boynton Beach
HMGP-AP-01
Miti~ation Prolect Description
Amendment Status: [Approved
Grantee: lStatewide
County Name: IStatewide
County Code: I0
Place Name: [Stata.vlde
Place Code: ~
Approval Status: ~pproved
Subgrantee: [Soynton Beach
County Name: ~Palm Beach
County Code: ~
Place Name: ~Boynton Beach
Place Code: ~
Work Schedule Status
Descriotion
[-0-] ~S ele ct vendor
[~]lSelect vendor
~'~Select vendor
l~o'ect vendor
~.~ Je Purchase Order
[-~ Je Purchase Order
r~l~ssue Purchase Order
[-~ssue Purchase Order
]BeginInst~_!!~tlon
r-~Begin Installation
~'l~Begin Installation
i]lBeglnInstallation
I'~ nstallation completed
r~nstallatlon completed
r~'l~nstallation completed
~'l~nstallation completed
~'l~Request closeout
[]jFromDate of execution
Total Approved
Net Eligible
Federal
Share Percent
Time Frame
I~t5 days
1~3 months
1~0 days
J~60 days
days
months
days
'l~days
months
ii90 days
days
1120 days
months
]~120 days
J~l month
Months
Due Date Revised Date Comoletlon Date
Il Ii II I
II Ii II ,1
II II II I
II !! , .IlI
If II II i
II I[ II I
Total Approved
Federal Share Amount
Non-Federal
Shara Percent
Total Approved
Non-Fed Shara Amount
Allocations
.N lfion IFMIS IFMIS
r ~ber Status Date
2 A 03/28/03
4 00/00100
75.00000000(~ L
$40,78(~ [ 25.0000000(~[ $13.59~
Submission
Date FY
03/28/03 2OO3
00/00/00 2003
ES Support
Req iD
282902
ES Amend Proj Atloc Amount Grantee Subgrantee Total
Number Fed Share Admin Amount Admln Amount AIIoc Amount
2 L $40.~5~ I $83~1 $1'60(~ l$42,59,~
L $~2~ I ~I $2~L $.~J
22-A ' -
07/31/2003
9:08 AM
Disaster FEMA
Nu~ Project Number
1." 12 -R
Subgrantee'. Boynton Beach
FIPS Code: 099-07875
Amendment
Number
~=RAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
Project Management Report
App ID State Grantee
t2 FL Statewlde
Project Title: Boynton Beach
HMGP-AP~I
Obli~iations
Action IFMIS IFMIS Submission
Nr Status Date Date FY
1 A 03/31/2003 03/31/2003 2003
ES Support ES Amend Suppl Project Obligated Grantee Admin Subgrantee Total Obligated
Req ID Number Nr Amt - Fed Share Amount Admin Amount Amount
Tota, I S40,1~t I S83~l ~1,80~1
22-B
~3131/2~03
6'45
Disaster FEMA Amendment
No Project No No
13.~ 12-R 0
Sub ~tee: Boynton Beach
Subgrantee FIPS Code:099-07875
FEDER~'
H,
state
Application ID
t2
EMERGENCY MANAGEMENT AGENCY
,RD MITIGATION GRANTS PROGRAM
Obligation Report wi Signatures
Action Supplemental
No No
State Grantee
1 10 FL Statewide
Project Title: Boynton Beach
HMGP-OB-02
--Autl~rizing Official Signature
Authorizing Official Title
Authorization Date
Authorizing Official Signature
Authorizing Official Title
Authorization Date
.~ ~ Scale Percentage:
up $100,000 =
up to $1.000.000 =
up to $5,000,000.00 =
Excess =
3.00%
2.00%
1 .oo%
0.50%
22-C
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)
(2)
(3)
(4)
(5)
The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
State of FIodda Administrative Plan for the Hazard Mitigation Grant Program;
Hazard Mitigation Long-term Recovery Guidance; and
All applicable laws and regulations delineated in Attachment D of this Agreement
23
Attachment C
Lobbying Prohibition/Certification
The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
(a) No Federal appropriated funds have been paid or will be paid, by 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.
(b) 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 shall complete and
submit Standard Forrn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the
award documer~t_s 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 representative of fact 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.
RECIPIENT
BY:
Signature
KURT BRESSNER
CiTY MANAGER
Type Name and ~'~tI~NTON BEACH, FL
AP~~,~ TO FORM:
Attachment D
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 certif'~s that: "
(a) It possesses legal authority to enter into this agreement, and to execute the proposed program;
(b)
Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the. execution of the hazard mitigation agreement with the Department,
including all understandings and assurances contained therein, and directing and authorizing the
Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application
and to provide such additional information as may be required;
(c)
No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
No member, officer, or employee of the Recipient or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
progra_m_ assisted under this agreement. The Recipient shall incorporate or cause to be _
incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to
the purpose state above;
(d)
All Recipient contracts for which the State Legislature is in any part a funding .source, shall contain
language to provide for termination with reasonable costs to be paid by the Recipient for eligible
contract work completed prior to the date the notice of suspension of funding was received by the
Recipient. Any cost incurred after a notice 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 the Department. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1)
(2)
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
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
25
(h)
(i)
(J)
(k)
(m)
(2)
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
purpose involving the provision of similar services or benefits;
Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3)
Executive-Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42
U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local g0vemment services, and in telecommunications;
It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
It will require every building or facility (other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform
Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for
general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient
will be responsible for conducting inspections to ensure compliance with these specifications by
the contractor;
It will, in connection with its performance 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, 24 CFR Part 800, and the Preservation of
26
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1)
Consulting with the State Historic Preservation Office 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)
(4)
Abiding by the terms and conditions of the "Programmatic Agreement Among
the Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Department of Community Affairs and the
Advisory Council on Historic Preservation, (PA)" which addresses roles and
responsibilities of Federal and State entities in implementing Section 106 of the
National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
Management Agency (FEMA) may require Recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will conform_with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties, to abide
by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts to archeological sites, and the salvage,
storage, and reuse of any significant architectural features that may otherwise be
demolished.
(5)
Recipient agrees to notify FEMA and the Department if any project funded under
this Agreement will involve ground disturbing activities, including, but not limited
to: subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or will
make recommendations for the development of a treatment plan for the recovery
of archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation
with the SHPO, a treatment plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation (Council) publication
"Treatment of Archeological Properties". Recipient shall forward 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
27
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
treatment plan, FEMA may direct Recipient to implement the treatment plan.
either the Council or the SHPO object, Recipient shall not proceed with the
project until the objection is resolved.
(6)
Recipient shall notify the Department and FEMA as soon as practicable: (a) of
any changes in the approved scope of work for a National Registei' eligible or
listed property; (b) of all changes to a project that may result in a 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
acknowledges that FEMA may require Recipient to stop construction in the
vicinity of the discovery of a 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. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures
to avoid or minimize harm to such property until FEMA concludes consultation
with the SHPO. Recipient also acknowledges that FEMA will require, and
Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7)
Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentiOnally and sign~cantly adversely affects a
historic property, or having the legal power to prevent it, allowed such significant
adverse affect to occur.
It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-
1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 rid-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
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;
It will comply with the Energy Policy and Conservation ACt (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
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 reseamh, teaching, or other
activities supported by an award of assistance under this agreement;
It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color
or nation origin;
It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
28
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ft')
(gg)
(hh)
(ii)
(JJ)
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, 16 U.S.C. 1531-1544;
It will comply with the Intergovemmental Personnel 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, et seq;
It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
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 II and III of the Uniform Relocation Assistance and
Property Acquisition Policies 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 (violating
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 U.S.C. 3510;
It will assure project consistency with the approved State program developed under the Coastal
Zone Management 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:
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.
Return the property to its natural state as though no improvements had ever been
contained thereon.
Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Recipienrs jurisdiction to detect the presence of asbestos and
lead in accordance with requirements of the U.S. Environmental Protection Agency, the
Florida Department of Environmental Protection and the County Health Department.
29
o
10.
11.
12.
Provide documentation of the inspection results for each structure to indicate:
a.. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
Leave the demolished site clean, level and free of debris.
Notify the Department promptly of any unusual existing condition which hampers the
contractors work.
Obtain all required permits.
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.
Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
Provide documentation of public notices for demolition activities.
3O
Attachment E
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
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:
DCA Agreement No: 04HM-?L-10-60-15-013
FEMA Tracking NumberS: 1359-0012
Eligible Obligated Obligated Obligated Previous DCA Use Only
Amount FEMA State Match Local Match Payments
100% 75% 0% 25%
Approved Comments
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 DCA agreement and payment is due and has not been previously
requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFF~RS
APPROVED PROJECTTOTAL $
ADMINISTRATIVE COST $
APPROVED FOR PAYMENT $
GOVERNOR'S AUTHORIZED REPRESENTATIVE
DATE
31
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant City of Boynton Beach Disaster No. 1359
DCA A~lreementNo. 04HM-?L-10-60-15-012 HMGPTrackin # 1359-0012
Applicant's Date of delivery DOCUMENTATION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of 100%
Claim Check, or work or vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description of
services, the articles or services.
TOTAL
32
D
JEB BUSH
Governor
STATE OF FLORIDA
EPARTMENT OF COMMUN
"Dedicated to making Florida a better place to call home"
ITY AFFAIRS
COLLEEN CASTILLE
Secretary
November 26, 2003
Mr. James Ness, Deputy Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re:
FEMA Project 1359-0012
Boynton Beach City HalI/EOC Project
Dear Mr. Ness:
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract
(DCA No. 04HM-?L- 10-60-15-013) between the City of Boynton Beach and the Department of
Community Affairs. Upon completion of the work identified in the contract, a Request for Payment
form (Attachment E) should be completed and submitted to the Department for processing in
accordance with Paragraphs (4) and (16) of the Agreement.
Please be advised that the Catalog of Federal Domestic Assistance number (CFDA#) has
been updated on the first page of the contract as well as Exhibit 1 (page 21). This change has no
other significance, and will not affect the rights or interests of the parties to the contract in any way.
If you have any specific questions regarding the contract or the Request for Payment form,
please call Angela Weir at 850/922-5629.
Respectfully,
W. Craig Fugate, Director ~'~
Division of Emergency Management
WCF:atw
Enclosures
2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291 .0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE concern FIELD OFFICE COMMUNITY PLANNING EmErGENCY mANAGEmENT HOUSING & COMMUNITY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FI 32399-2100
(305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956