R06-142
1 RESOLUTION NO. R06 - (L\ ~
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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.
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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:
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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
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Section 2.
The City Commission of the City of Boynton Beach hereby authorizes and
27 ereof.
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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".
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Section 3.
This Resolution shall become effective immediately upon passage.
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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 .,
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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.
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(~ 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
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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
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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
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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
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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
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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.
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(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.
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(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:
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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
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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.
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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