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R05-025 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R05 - ~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AMENDMENT #1 TO THE HAZARD MITIGATION GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DEPARTMENT OF COMMUNITY AFFAIRS FOR THE INSTALLATION OF PERMANENT HURRICANE WINDOW SCREENS AT CITY HALL; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 21, 2003 the City Commission of the City of Boynton Beach authorized the execution of an Agreement between the City of Boynton beach, Florida and the Department of Community Affairs Local Mitigation for 75% funding for the purchases and ~stallation of 24 permanent hurricane resistant windo;v coverings on second story windows that ~nnot be shuttered through standard methods; and WHEREAS, the Agreement expired August 19, 2004; and WHEREAS, staff is recommending that the Agreement be extended to November 30, 004, in order for the City of Boynton Beach to be reimbursed for work completed in the Scope >fWork in the approximate amount of $40,780.00. 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 being Irue and correct and are hereby made a specific part o£this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes and :lirects the execution of the Amendment No. 1 to the Agreement between the City o£Boynton Beach, Florida and the Department of Community Affairs Local Mitigation, a copy of which is 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ ~- day of February, 2005. ATTEST: CITY OF BOYNTON BEACH, FLORIDA /~~er ~_.~__:~_ Commissioner A( i R 1 {1 { M I .}N'I' #041 t M-'?I.- 10-60-15-013 I)I~.().II:~('T # 1359-0(}12 M()I)IFICATI()N ttl T() I IAZAR. I) MI'I'I(iATI()N GI~ANT A(iI~,I~I.;MENT This Modil]cation Number ()nc ix inadc and entered into bv and bctxvccn tile Florida Department of Community Al'lhirs ("thc l)cpartmcnt") and tile City el' Boynton Beach ("the Recipient") to reinstate and extend thc agreCnlent between them dated Novcnlber 19. 2003 and numbered DCA Contract No.()411M-?I ~- 10-60-15-013 ("tile Agreement). WI II:.I?,I'.'AS, tile Agrccmcilt expired August 19. 2004; and WI II::.RI~AS. thc parties desire to reinstate and extend tile Agreement to November 30, 2004 in order for thc Recipient to be reimbursed for work completed in tine Scope of Work, as set tbrth in Attachmcint A. NOW, TI tI~RI~I:()I~.I';, tile parties agree to reinstate, extend and modify the above referenced Agreement as lbllows: Paragraph (3) of the Agreement ix hereby deleted in its entirety, and the following paragraph substituted in its place and stead l})l' all intents and ptlrposcs: Tlnis Agreement shall begin November 19, 2003 and shall end November 30, 2004. unlcss tcrminatcd earlier in accordance with the provisions of paragraph (9) of this Agreement. l~xccpt as modil'icd herein, all other provisions of the Agreement shall stay in full tbrce and e ft'cct IN WITNI:~SS WI IERI!()F. tile parties, havc caused this Modification to be executed by their duly authori;,.ed undersigned officials Oil tile dales set tbrth below. RECII)II~;NT ('ITY ()1: I?,()YNT()N F~I~ACI~ Ness, Jim From: Angela. Weir@dca.state.fl.us Sent: Friday, January 07, 2005 4:58 PM To: nessj@ci.boynton-beach.fl.us Cc: Merle. Davis@dca.state.fl.us Subject: 1359-0012 Contract Modification #1 Mr. Ness: Attached, please find the above referenced document. Please print four copies of the modification aqreement _and have the official representative si,qn each modification. All four (4) copies of the modifications should the. be sent to the Department of Community Affairs for full execution as soon as possible after receipt of this e-mail for final execution. One fully executed modification will be returned to the City of Boynton Beach for its files. If you have questions regarding this modification or who is authorized to sign it, please contact Merle Davis at 850-413-7440. 1/21/2005 Page 1 of l Ness, Jim From: Mike Pawelczyk [mpawelczyk@cityatty.com] Sent: Wednesday, January 19, 2005 8:42 AM To: NessJ@ci.boynton-beach.fL us; SwansonL@ci.boynton-beach.fl.us Subject: Extension of Agreement ~ Hazard Mitigation Grant I have reviewed the documents faxed to me from the CAO and regarding the above matter and comment as follows: It is my understanding that the original agreement was approved by the City Commission and executed by the City Manager. There are no provisions within the original grant document authorizing the City Manager to extend the Agreement without the necessity of City Commission approval. Therefore, the Amendment or "Modification" must be presented to the City Commission for consideration. Are the dates, which refer to the year 2004, as set forth in paragraph 1 of the Modification document correct? Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Michael J. Pawelczyk Assistant City Attorney 1/21/2005 CITY CLERK'S OFFICE MEMORANDUM TO: FROM: DATE: RE: Jim Ness Janet Prainito City Clerk February 23, 2005 Resolution No. R05-025 - Modification #1 to Hazard Mitigation Grant Agreement Attached, please find a copy of Resolution No. R05-025 that was approved by the City Commission at their meeting on February 15, 2005. Also attached are four (4) partially executed agreements. Once the agreements have been fully executed, please forward original to the City Clerk's Office for our Central File. Thank you. Attachments (4 original agreements) S:\CC\WP~AFTER COMMiSSiON\Departmental Transmittals\Jim Ness - Hazard Mitigation Grant Agreement Modification #1.doc DE JEB BUSH Governor STATE OF FLORIDA PARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" THADDEUS L COHEN, AIA Secretary April 22, 2005 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 Hall/EOC Project Dear Chief Ness: Enclosed is the executed Hazard Mitigation Grant Program modification (DCA No. 04HM-?L-10-60-15-013) between the City of Boynton Beach and the Department of Community Affairs (DCA). Upon completion of the work identified in the contract, a Request for Payment form should be completed and submitted to DCA for processing in accordance with Paragraph (16) of the Agreement. If you have any specific questions regarding the modification, please call Angela Weir at 850/922-5629. Respectfully, ~ctor 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 8oulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, F L 32399-2100 lallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956