R07-143
II
1 RESOLUTION NO. R 07- 1L\ '3
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3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE
5 PALM BEACH COUNTY EMERGENCY MEDICAL
6 SERVICE GRANT PROVIDING FOR THE PURCHASE OF A
7 PERSONAL WATER CRAFT FOR USE BY OUR OCEAN
8 RESCUE PERSONNEL AND FOR THE CONTINUED CERT
9 TEAM TRAINING ACTIVITIES; AUTHORIZING AND
10 DIRECTING THE EXECUTION OF THIS GRANT; AND
11 PROVIDING AN EFFECTIVE DATE.
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14 WHEREAS, the Legislature has provided for a program that makes funds available to
15 local emergency medical services programs; and
16 WHEREAS, the Palm Beach County Emergency Medical Services Division has made
17 these grant funds available for the purchase of a personal water craft to allow the City's Dive
18 Rescue personnel to quickly respond to victims in local bodies of water and for continued
19 CERT team training activities; and
20 WHEREAS, the City Commission upon recommendation of staff, recognizes that these
21 funds will be used to purchase a personal water craft for use by our Ocean Rescue personnel
22 and for continued CERT team training activities.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
26 ratified and confirmed by the City Commission.
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Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
28 and directs the City Manager to accept and execute the Grant, from the Palm Beach County
29 Emergency Medical Services for the purchase of a personal water craft for use by our Ocean
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1 Rescue personnel and for the continued CERT team training activities.
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The City Commission certifies that the monies from the Grant Award
Section 3.
3 will improve and expand prehospital services within the City's coverage area; not be used to
4 supplant existing budget allocation; and meets the goals and objectives of the EMS County
5 Grant Plan.
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Section 4.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of December, 2007.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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Rol-143
Contract Number: 08HM-6G-10-60-02-026
CFDA Number: 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as "OEM"), and 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, OEM and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Both the Recipient and OEM shall be governed by applicable State and Federal laws,
rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin November 6,2007 and shall end November 6,2010, 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 upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, 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 OEM 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 OEM 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 OEM, 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 OEM, its employees, and agents. "Reasonable" shall be construed according to the circumstances but
ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday. "Agents" shall include, but not be limited to, auditors retained by OEM.
(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 by OEM. "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 OEM and the Department with the records, reports
or financial statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $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 OEM 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 OEM. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
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event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the 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 shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[with an electronic copy sent to the above office to Aurilla.Parrish@dca.state.fl.us)
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
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[with an electronic copy sent to the above office to Aurilla.Parrish@dca.state.fl.us)
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and
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 the
Department or 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) Recipient, when submitting financial reporting packages to OEM 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 OEM of all funds not spent in accordance with these applicable regulations
and Agreement provisions within thirty (30) days after OEM has notified the Recipient of such non-
compliance.
U) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department 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 OEM 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 OEM.
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(b) Quarterly reports are due to be received by OEM no later than 15 days after the end
of each quarter of the program year and shall continue to be submitted each quarter until submission of
the administrative close-out report. The ending dates for each quarter of the program year are March 30,
June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, 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 OEM, OEM 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 additional program updates or information as may
be required by OEM.
(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 shall be
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 OMB 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 OEM staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by OEM.
In the event that OEM determines that a limited scope audit of the Recipient is appropriate, the Recipient
agrees to comply with any additional instructions provided by OEM to the Recipient regarding such audit.
The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or
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audits deemed necessary by the Comptroller or Auditor General. In addition, OEM will monitor the
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 OEM harmless against all claims of whatever nature by third parties
arising out of the performance of work under this agreement. For purposes of this agreement, Recipient
agrees that it is not an employee or agent of OEM, 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 OEM, 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
OEM to make any further payment of funds hereunder shall, if OEM so elects, terminate and OEM may, at
its option, exercise any of its remedies set forth in Paragraph (11), but OEM 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 or representation made by the Recipient in this Agreement or any
previous Agreement with OEM shall at any time be false or misleading in any respect, or if the Recipient
shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this
Agreement or any previous agreement with OEM and has not cured such in timely fashion, or is unable or
unwilling to meet its obligations thereunder;
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(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 OEM.
(c) If any reports required by this Agreement have not been submitted to OEM or have
been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then OEM may, at its option, upon thirty (30)
calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said
thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or
consecutively:
(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 paragraph (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 OEM for the amount of costs incurred for
any items determined to be ineligible;
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(e) Require that the Recipient return to OEM 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.
(g) The pursuit of anyone of the above remedies shall not preclude OEM from pursuing
any other remedies contained herein or otherwise provided at law or in equity. No waiver by OEM 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 OEM hereunder, or affect the subsequent
exercise of the same right or remedy by OEM for any further or subsequent default by the Recipient.
(12) TERMINATION.
(a) OEM may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(b) OEM 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 notice of the 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 OEM from the Recipient is determined.
(13) NOTICE AND CONTACT.
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(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of OEM contract manager for this Agreement is:
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, Deputy Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6333
Fax: (561) 742-6334
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to OEM within ten (1 0) 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 all applicable state and federal laws and regulations, and (iji) the
subcontractor shall hold OEM 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 all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
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(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
Attachment B - Program Statutes and Regulations
Attachment C - Statement of Assurances
Attachment 0 - 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,
Ineligibility and Voluntary Exclusion
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$1,721,252.00 subject to the availability of funds. All requests for reimbursement of administrative costs
must be accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of OEM 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 payment is 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 of the
necessity for and proposed use of these funds.
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1. 7~o advance payment is requested. ~. V
2. \. An advance payment of $ is requested. cr
(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 Budget and Scope of Work,
Attachment A of this Agreement.
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 DEM.
(18) REPAYMENTS
All refunds or repayments to be made to OEM under this Agreement are to be made payable to
the order of "Division 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,
OEM 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., OEM 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) STANDARD CONDITIONS
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(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 OEM 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 OEM and with
thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of
OEM from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) Any power of approval or disapproval granted to OEM under the terms of this
Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
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(g) An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
(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;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to OEM (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment I) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by OEM prior to the Recipient entering into a contract with any prospective
subcontractor.
14
(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.
U) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(k) 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 allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119. Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(m) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to OEM or be applied against OEM's obligation to
pay the contract amount.
(n) The State of Florida will 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) of the Immigration and Nationality Act
("INA")). OEM 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 this Agreement by OEM.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from OEM in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
15
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) COPYRIGHT, PATENT AND TRADEMARK
The Recipient shall 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
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
16
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient: CITY OF BOYNTON BEACH
BY ~~
Name and c,~: '1f.l~, ~. ,I... }/};/.Io R
Date: ,;,:; ,/ b - 0 (
FID#
A~1S TO F. R~:
L__
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
I
I
BY:
Name and Title: W. Craig Fugate, Director
Date:
17
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program: Federal Emergency Management Agency
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $1,721,252.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGR'EEMENT ARE AS FOLLOWS:
Only the services described within the attached Agreement and Attachment A are eligible
expenditures for the funds awarded.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
Not Applicable
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Not Applicable
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Not Applicable
NOTE: Section .400(d) of OMB Circular A-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.
18
Attachment A
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, City of Boynton Beach, will wind retrofit the
new Boynton Beach Fire Station #5/ Emergency Operations Center Building located at the Southeast
Corner of High Ridge Road and Gateway Boulevard, Boynton Beach, Florida 33426. The entire shell and
roof will be hardened beyond code against 192 mph winds, and hurricane shutters will be purchased and
installed on all windows. If deemed necessary, wind protection will be provided on any other openings
such as skylights, vents, louvers, and exhaust fans. All construction and installations will be done in strict
compliance with the Florida Building Code or Miami-Dade Specifications. All materials will be certified to
meet the wind and impact standards of 192 mph wind loads. The local municipal or county building
department will inspect and certify construction and installation according to the manufacturer
specifications.
This is FEMA project 1609-14-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on November 6,2010.
Schedule of Work
Planning (Fire Station/EOC/Police Facility):
Design:
Review:
Permitting:
Bidding
Construction
State Final Inspection:
State Contracting Process:
State Closeout:
Total Period of Performance:
1 Month
8 Months
2 Months 25 days
2 Months 20 days
o Months 20 days
13 Months 10 days
2 Months
3 Months 15 days
2 Months
36 Months
Line Item BudQet*
Site Work:
Concrete:
Masonry:
Metals:
Thermal and Moisture Protection:
Doors and Windows:
Heating and Cooling System:
Electrical:
Sub-Total:
Administrative Cost:
Total
Project Cost
$185,094.00
$916,421.00
$ 82,264.00
$347,977.00
$ 92,547.00
$471,784.00
$ 61,698.00
$ 92,547.00
$2,250,332.00
$ 0.00
$2,250,332.00
Federal Share
$ 138,821.00
$ 687,316.00
$ 61,698.00
$ 260,983.00
$ 69,410.00
$ 353,838.00
$ 46,273.00
$ 69,410.00
$1,687,749.00
$ 33,503.00
$1,721,252.00
Local Share
$ 46,273.00
$229,105.00
$ 20,566.00
$ 86,994.00
$ 23,137.00
$117,946.00
$ 15,425.00
$ 23,137.00
$562,583.00
$ 0.00
$562,583.00
*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.
FundinQ Summary
Federal Share:
Local Share:
Total Project Cost:
$1,687,749.00 (75%)
$ 562,583.00 (25%)
$2,250,332.00 (100%)
Recipient Administrative Allowance up to $33,503.00.
19
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 man made disaster.
The funding provided by the Division of Emergency Management under this sub grant shall compensate
for the materials and labor for the installation 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 the Department does not
confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. 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 by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-
Design and Construction for Community Shelter. and thus does not provide "near absolute protection." It
is understood and agreed by the Department and the Recipient that the building may have vulnerabilities
due to age, design and location which may result in damage to the building from wind events even after
the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood
and agreed by the Department and the Recipient that the level of wind protection provided by the
mitigation action, although meeting State standards and codes and enhancing the structural integrity of
the building, does not ensure the safety of survival of building occupants.
20
: (', :JC-
FEDERAL EMERGENCY MANAGEMEN, AGENCY
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report w' Signatures
:",M.:.;=-. .')5~~2
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T Jel, A'T10(,1t
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'eta' ,4,mount
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to: Nelh ')bilg.ltlon
S 1.68:- -.j9
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$2
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",'~
PrOject Amount
Gcantee Admlr, Est
Subgralltee Ajmrn Est
TotalObllgalton IFMIS Date IFMIS Status FY
$168:-:-49
S8606
532503
$1. -29 858 1 1 C2 20C:- Ac,::ept :008
Comments
Date
11 022007
User Id CHY ACINT
Comment MA approves obligation and submits to HMO for approval
Date:
1102/2007
User Id MARTHUR1
Comment HMO approves obligation and submit to ES for approval
Authorization
Preparer Name: CLAUDE HYACINTHE
Preparation Date 11/02/2007
HMO Authorization Name: MARCELLE ARTHUR
HMO AuthOrization Date: 11/02/2007
S.I!j.r..nQ.. C;-.,le_~p~~?n~_a:1~
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20-A
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FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report wi Signatures
!-1M(;F <'S-C:
J,S,-lste~ FEMA. ~~'e-,j"','nt StJ~C _<\.::t,,~ Su2~it""'l'1'lentJ:
\j~ F:,""le...--:~ N~ Nc ';;'P:I-'::..lt,,)~ I:J No N~ StJte ....=;. ~l;ltee
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FL St..llevlllje
S J'J;r .l;ke B-~vnto" 8e..l'::~
~~dc0r.J'ltee FIPS CJJe 299-,':-:-.3:-5
P':w:t T-t:e ':::I:-YOF BCYNTJN BCH PA,LM 3Cf-i,~'J~N~Y BeYNTON BCH
FIRE ST A. TION #5'EOC - vI" IN:J
Admin Calculation
A.jmlf' '::::st:::JI'::U..lt,o~ SllJ,n9 Scale
Cal':U;.lti-on Per:entJge N,A
Justlfl:atlon
I
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Authorizing Official Signature
]) i f<EC-Ju2
Authorizing Official Title
1/ /<6/07
I I
Authorization Date
I
Authorizing Official Signature
Authorizing Official Title
Authorization Date
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FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
: 1rvh3P/\P-C 1
5 ',. PM
Project Management Report
:l:saSlc"
~.J~11ter
'I'::MA
PrJ;e,~t Ndmber
1609
14 -R
P,rne'larnent D,;cr: 10 SLlte ,:""3i1:ee
Nu"lber
0 210 FL Statewide
3,jbgran~ee Bov'llon BeJc~
FIPS _:Cae ,;~)0'~-3-5
p"o eet -,t'e CiTY ,JF BOYNTON 8C'-i PA.LM B,::H ,~OL!NTY B:').... r:::r--.. BCH FIRE S'
Mitiqation Proiect DescriPtion
Amendment Status: .A.ppro\'ea
Approval Status: Appr'J\,ed
PrOject Title CITY OF BOYNTON BCH PALM BCH COUNTY BOYNTON BCH FIRE ST
Grantee: Statewide
Subgrantee: Boynton Beach
Grantee County Name Palm Beach
Subgrantee County Name Palm Beach
Grantee County Code 99
Subgrantee County Code' 99
Grantee Place Name Boynton Beach
Subgrantee Place Name Boynton Beach
Grantee Place Code 0
Subgrantee Place Code' 787'5
PrOject Closeout Date 00:00/0000
Work Schedule Status
t\mend #
Description
Time Frame
Due Date Revised Date Completion Date
00/00/0000 00/00/0000 00/00/0000
00/0010000 00/00/0000 00/00/0000
00/0010000 0010010000 00100/0000
00/00/0000 0010010000 00/00/0000
00/0010000 00/00/0000 00/00/0000
00/0010000 00/00/0000 00100/0000
00/0010000 00/00/0000 00/0010000
00100/0000 00/00/0000 00/0010000
00/00/0000 00/00/0000 00100/0000
o State Contracting Process
o State Final Inspection
~ State Closeout
J Planning (Fire Statlon/EOC/Police Facility)
o Design
o Review
o Permitting
o Bidding
o Construction
120 Days
60 Days
60 Days
30 Days
240 Days
85 Days
80 Days
20 Days
400 Days
Approved Amounts
Total Approved
Net Eligible
$2250,332
Federal Total Approved
Share Percent Federal Share Amount
Non-Federal Total Approved
Share Percent Non-Fed Share Amount
75000000000 $1,687.749
25 00000000 $562 583
Allocations
Allocation IFMIS IFMIS
Number Status Date
SubmiSSion
Date
ES Support ES Amend Pro; Alioc Amount Grantee SJbgrantee Total
FY Req 10 Number Fed Share Admlll Amount Admin Amount Alloc Amount
2008 1389657' 3 $1 6877'49 $8506 S33.5C3 $1 :-29.858
r '~3' ~.. 13'?- -,1'1 :? '~~'3 ;":'''' - ;: - 1 - ~r:(
<2 A a02.'200711022J07
Oblilldt;uns
<\otlon IFMIS IFMIS S~bmlsslon
Nr Status Cate Date FY
A 11:2,':'~':7 ~i ~2,~OC7 2']:J8
ES SUpPJrt ES Amend Suppl Pr'JJect Obligated
Req 10 Number Nr Am! - Fed Share
14,)C:37'6 48 48 $' 58-.:-49
TJtal $: '313:- '49
Grantee .D,dmlf' Subgri-lntee TJta: 'Jbllg3ted
Amount D,j,mlf' t\m.Junt .D,mount
S3606 S33.5:3 $1 -:9.35:3
32 GJ6
S:':' 5G3
S 1-:9 c:'.9
20-C
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FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
Hrvl,~r)-t:-\I -: 1
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Environmental Report
:) ~d,'te~
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1609
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o
210
FL
Statewide
S.i~9ra:ltf'e B:vntor Bea:h
FIPS '-=J~.;e.:::)S--':-3-5
Peeject -te ,>;-y OF S.::'YNT 0N 8':;1-' P"-L-M 8C~ C JJNiY BCI"..r;' J'" S'::H FiRE S'
FEMA Laws/EOs
L.1WS E'Js
C:a5ta 6.lrr;ers Resources Act ,,'::i3RA'
Statlls
Co:npieted
CI€.lr Water Act ,CWA:
Corlpleted
Coastal Zone Management Act ,CZMAl
Completed
Endangered Species Act ,ESA) Completed
Comment: No effect to an~ T & E species or habitat per prOject descnptlon ~MHAIGHT1-10.18i2007 1553 GMT
Fish and Wildlife Coordination Act (FWCA)
Completed
National Historic Preservation Act \NHPA) Completed
Comment: The project as described (Cost-plus) will have no effect on any historic resources New construction -MHAIGHT1-1 0/18/2007 1553 GMT
Clean Air Act (CM)
Completed
E ,) 11988' Floodplains Completed
Comment: The action as descnbed (Cost-plus) has no potential to adversely impact the floodplain Zone 8, C -MHAIGHT1-1 0,18:2007 15: 543MT
EO 1 '990. Wetlands
Completed
E ,) 12393 Envl~onmentat Just,ce for LOlli In,:ome ani) Mlnor:ty P'Jpulatlons 'CJrlpleted
20-D
: . ,:>3 .~}~-
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
,H'vk-;P-,::\ .~ 1
:: :': Pt,,1
Environmental Report
:" ~,,!~~te~
F:: MA,
~ '~~';.:Il jm21t
NUi"~:Jer
~p~ IJ
Stdte
'':;''antee
~ J:i":t:r
P~-.J:t?C: ~~"llllCr
1609
14-R
o
210
FL
Statewide
:3 ~bgcrtce Bo\!rtor Beach
~jPS C0Je J0EL'~~3-5
FEMA NEPA Process
Pr,c;c,:t - t,e:i~'y OF g.:;YNT IN B''::H P-\:...M SOH C,JL:NTY BOY NT:;..... SCH FI'\E S;
FEMA Status
:.lte\
Completed
',UO,""",
",:n .1"\ ,'j '~"nj\:,li.\_'.. ,-''is:.' ,;1;,;
.i.I." .i
.' _'i-'i"j,',J,I,','
\," ".",',,'1,:.1, "I'i",l,' ,'; '( .;.1,
~ CA TEX Type C0je
,n J.'ll!",;I.
:/li._II: SII." , ,"'( :' t-, :)",., I:
? Nc Extr Jordl:~ary Circumstances Requiring an EA
Documentatl0n Complete 1 O. 13.2007'
15 Repair replace restore retrofit. upgrade tc current
.~o.jes and standards. or replace a facility XVI
2G Programmatic or Other Categorlca, ExclUSion
Standard Conditions
1 Any change to the approved scope of work will require re-evaluatlon for compliance with NEPA and other Laws and Executive Orders.
2. This review does not address all federal, state and local requirements Acceptance of federal funding requires recipient to comply with all
federal. state and local laws. Failure to obtain all appropriate federal state and local environmental permits and clearances may Jeopardize federal
funjlng
3. If ground disturbing activities occur dunng constructJon. applicant Will monitor ground disturbance and if any potential archeological resources
are discovered will Immediately cease construction in that area and notify the State and FEMA
Comment:
ThiS wind retro-flt project, described as hardening the entire shell and roof and installing hUrricane shutters on an EOC that has yet to be built, is
3tegorically excluded from preparation of an Environmental Assessment per 44CFR Part 1 O.8(d)\2)(xvi) and (xx) contingent on compliance with
. Joted conditions FEMA funding will only be used to retrofit the structure and no part of the funds will be used to acqUire the land or build the
EOC.
Project Conditions
.. Sub-grantee must obtain and comply with all necessary state and local permits, codes. and standards. and conditions set forth in each
Including employment of standard best management practices IBMP):
.. Actions must not affect histonc properties. and potential effects to histonc properties (if any) have been addressed In consultatJon With the
State Historic Preservation Officer (SHPO) and conducted In accordance With Section 106 of the National Historic Preservation Act If dunng
project Implementation it appears that previously-unidentified historically or archaeologlcally significant materials (or evidence thereof) are
discovered. the sub-grantee shall stop work Immediately. notify FEMA. and take all reasonable measures to aVOid or minimize harm to the
property The sub-grantee would not proceed with work until FEMA. in consultation with the SHPO. determines that appropriate measures have
been taken to ensure that the project is In compliance With the National Historic PreservatJon Act.
.. Actions must not have extraordinary circumstances as described in 44 CFR Part 108,dl(3);
.. Actions must comply with the reqUirements of Executive Orders (EO) 1 i988 (Floodplains). EO 11990 (Wetlands) and EO 12898
,Environmental Justice);
.. Actions affecting resources regulated by the Clean Water Act must qualify under the US Army Corps of Engineer's Nalionwide Permit
Program and Flonda Department of EnVIronmental Protection (DEP' General Permit.
.. The project Will have no effect or: any federally listed threatened or endangered species or their habitat. and IS In compliance With the
Endangered Species Act i ESA)
"'11S has been re\!lewed as a cost-plus application With FEMA making nc l'1vestment In the actual Indepenjent constru.:~lor: of a new facility Any
C'1anges to the approved mitigation measure or scope of w0rk Will reqUire resubmlsSlor: though the State to FEMA and will re:Julre re-evaluation
for compliance With the National Environmental PoliCY Act \ NEPA and Se:::.: 06 of the National Histonc Preservation A.:t \ NHPA \ prtor to
,."tlat,on of an\! work. Non-compllan,ce With these re:JuJrements m,ay ,eopard,ze FEMAs ability to fund thiS prlc!ect
-1v1f-iAI.';HT'-10 'q 20J7' ,~ <;<; :"';MT
20-E
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) 44 CFR Parts 7,9, 10, 13, 14, 17, 18,25,206,220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(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 shall fully perform the approved hazard mitigation project, as described
in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the
allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. Recipient shall
comply with any and all applicable codes and standards in performing work funded under this Agreement,
and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient
and any land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Recipient shall be responsible for ensuring that any development permit issued and any
development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land
use permitting authority, where required. Recipient agrees that any repair or construction shall be in
accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to 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 Clpply to any property Clcquired, 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
21
3. A structure that the Director of the 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
purpose will be made 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 some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating
in the NEPA process. You are reminded that no construction may occur in this phase, that a full
environmental review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
1. For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
3. The Recipient must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower cost or earlier completion. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
22
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) It possesses legal authority to enter into this agreement, and to execute the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (OEM), including all understandings and assurances contained therein,
and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
No member, officer, or employee of the Recipient or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant
to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by OEM. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) 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
23
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other
forms of compensation; and election for training and apprenticeship;
(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336,42
U.S.C. Section 12101 et seQ.), where applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(i) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
U) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known .as the Hatch Act)
which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(I) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-
19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(m) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (US C 470), Executive Order 11593, 24 CFR 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 Historic Preservation Office to identify properties listed
in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity;
and
24
(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 Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Division of Emergency Management and
the Advisory Council on Historic Preservation, (PA)" which addresses roles
and responsibilities of Federal and State entities in implementing Section 1 06 of
the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
Management Agency (FEMA) may require Recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and the
salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished.
(5) Recipient agrees to notify FEMA and OEM if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation
with the SHPO, a treatment plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation (Council) publication
"Treatment of Archeological Properties". Recipient shall forward information
regarding the treatment plan to FEMA, the SHPO and the Council for review. If
the SHPO and the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If
either the Councilor the SHPO object, Recipient shall not proceed with the
project until the objection is resolved
(6) Recipient shall notify OEM 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 project that may result in a supplemental DSR or modify
an HMGP project for a National Register eligible or listed property; (c) if it
appears that a project funded under this Agreement will affect a previously
unidentified property that may be eligible for inclusion in the National Register or
affect a known historic property in an unanticipated manner. Recipient
25
acknowledges that FEMA may require Recipient to stop construction in the
vicinity of the discovery of a previously unidentified property that may be eligible
for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures
to avoid or minimize harm to such property until FEMA concludes consultation
with the SHPO. Recipient also acknowledges that FEMA will require, and
Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-
1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(q) 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;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(s) 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 agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P .L. 88-352), which prohibits discrimination on the basis of race,
color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(z) 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;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966,16 U.S.C. 469a, et seq;
26
(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;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(ee) 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;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977,16 U.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972,16 U.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
Uj) 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. Return 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 presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to 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
27
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 conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
28
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:
OEM Agreement No: 08HM-6G-10-60-02-026
FEMA T k' N b
1609 14 R
rac Ino um ers: - -
Eligible Obligated Obligated Previous Current OEM Use Onlv
Amount Federal Non-Federal
100% 75% 25% Payments Request Approved Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements
were made in accordance with all conditions of the OEM 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 $
ADMINISTRATIVE COST
$
GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
29
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant:
City of Boynton Beach
Disaster No. 1609
OEM Agreement No. 08HM-6G-10-60-02-026
FEMA Tracking # 1609-14-R
Applicant's Date of delivery DOCUMENT A TION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of 100%
Claim Check. or work or vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description of
services. the articles or services.
TOTAL
30
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any ~dvance payment under this
Agreement is subject to s. 216.181 (16)(a)(b), Florida Statutes. The amount which may be advanced shall not
exceed the expected cash needs of the recipient within the initial three months.
[ ] NO ADVANCE REQUESTED
[ ] ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, 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.
(A) (B) (C) (D)
DESCRIPTION FFY 2005 FFY 2006 FFY 2007 Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITUREs1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
First three months expendItures need only be provided for the years In which you requested an advance.
If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell 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 Maximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
31
ESTIMATED EXPENSES
BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
32
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: City of Bovnton Beach
Project Number # 1609-14-R
PROJECT LOCATION: Retrofit
OEM 10 #: 08HM-6G-10-60-02-026
DISASTER NUMBER: FEMA-1609-DR-FL
QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 200_$
July-Sep, 200_$
Oct-Dec, 200_$
Oct-Dec, 200_$
Jan-Mar,200_$_ Apr-June, 200_$_
Jan-Mar, 200_$
Apr-June, 200_$_
Percentage of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [] Yes [] 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
[] Under Budget
[ ] Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (OEM) 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 OEM 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
33
Attachment G
Copyright, Patent and Trademark
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright,
the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the
Agreement provides otherwise.
If any discovery or invention arises or is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the
discovery or invention to the Division of Emergency Management (OEM) for a determination whether
patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing
under or in connection with the performance of this Agreement are hereby reserved to the State of
Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the
Recipient shall notify OEM. Any and all copyrights accruing under or in connection with the performance
under this Agreement are hereby transferred by the Recipient to the State of Florida.
Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists.
OEM shall then, under Paragraph (b), have the right to all patents and copyrights which occur during
performance of the Agreement.
34
Attachment H
Warranties and Representations
Financial ManaQement
Contractor's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities covered
by this contract. These records shall contain information pertaining to grant awards,
authorizations, obligations, un-obligated balances, assets, outlays, income and interest.
(3) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(4) Accounting records, including cost accounting records that are supported by source
documentation.
Competition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Contractor shall be alert to conflicts of interest as well as noncompetitive
practices among sub-contractors that may restrict or eliminate competition or otherwise restrain trade. In
order to ensure objective sub-contractor performance and eliminate unfair competitive advantage, sub-
contractors that develop or draft specifications, requirements, statements of work, invitations for bids
and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous
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 so.
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
is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected
for an award. The officers, employees, and agents of the Contractor shall neither solicit nor 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.
LicensinQ and Permittinq
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.
35
Attachment I
Certification Regarding
Debarment, Suspension, Ineligibility
and Voluntary Exclusion
Contractor Covered Transactions:
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 by any Federal 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.
Contractor
l~:i~
R!1Pien's a e
By:
Signature
DEM Contract Number
Name and Title
Street Address
City, State, Zip
Date
36
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Jim Ness
Deputy Fire Chief
FROM:
Janet M. Prainito
City Clerk
DATE:
December 6, 2007
RE:
Resolution No. R07-143 - Purchase of Personal Water Craft for
use by our Ocean Rescue Personnel.
Attached are i partially executed original agreements for R07-143. Once the
agreements are fully executed, please return an original for Central File.
Thank you.
IJv"9J~ ~4 tU
7 ' ,/.
Attachments
S:\CC\WP\AFfER COMMISSION\Departmental Transmittals\2007\Jim Ness Resolution No. R07-143 12-3-07.doc
ROI-143
Contract Number: 08HM-6G-1 0-60-02-026
CFDA Number: 97.039
FEDERALLY FUNDED sUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as "OEM"), and 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, OEM and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS;'RULES. REGULATIONS AND POLICIES
Both the Recipient and OEM shall be governed by applicable State and Federal laws,
rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin November 6,2007 and shall end November 6,2010, 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 upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-11 0, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, 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 OEM 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 OEM 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 OEM, 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 OEM, its employees, and agents. "Reasonable" shall be construed according to the circumstances but
ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday. "Agents" shall include, but not be limited to, auditors retained by OEM.
(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 by OEM. "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 OEM and the Department with the records, reports
or financial statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $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 OEM 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 OEM. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
3
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the 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 shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[with an electronic copy sent to the above office to Aurilla.Parrish@dca.state.f1.us]
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
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the following Clddresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[with an electronic copy sent to the above office to Aurilla.Parrish@dca.state.fl.us]
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and
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 the
Department or 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) Recipient, when submitting financial reporting packages to OEM 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 OEM of all funds not spent in accordance with these applicable regulations
and Agreement provisions within thirty (30) days after OEM has notified the Recipient of such non-
compliance.
U) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department 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 OEM 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 OEM.
5
(b) Quarterly reports are due to be received by OEM no later than 15 days after the end
of each quarter of the program year and shall continue to be submitted each quarter until submission of
the administrative close-out report. The ending dates for each quarter of the program year are March 30,
June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, 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 OEM, OEM 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 additional program updates or information as may
be required by OEM.
(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 shall be
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 OMB 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 OEM staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by DEM.
In the event that OEM determines that a limited scope audit of the Recipient is appropriate, the Recipient
agrees to comply with any additional instructions provided by OEM to the Recipient regarding such audit.
The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or
6
audits deemed necessary by the Comptroller or Auditor General. In addition, OEM will monitor the
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 OEM harmless against all claims of whatever nature by third parties
arising out of the performance of work under this agreement. For purposes of this agreement, Recipient
agrees that it is not an employee or agent of OEM, 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
OEM to make any further payment of funds hereunder shall, if OEM so elects, terminate and DEM may, at
its option, exercise any of its remedies set forth in Paragraph (11), but OEM 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 or representation made by the Recipient in this Agreement or any
previous Agreement with OEM shall at any time be false or misleading in any respect, or if the Recipient
shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this
Agreement or any previous agreement with OEM and has not cured such in timely fashion, or is unable or
unwilling to meet its obligations thereunder;
7
(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 OEM.
(c) If any reports required by this Agreement have not been submitted to OEM or have
been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then OEM may, at its option, upon thirty (30)
calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said
thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or
consecutively:
(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 paragraph (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 OEM for the amount of costs incurred for
any items determined to be ineligible;
8
(e) Require that the Recipient return to OEM 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.
(g) The pursuit of anyone of the above remedies shall not preclude OEM from pursuing
any other remedie's contained herein or otherwise provided at law or in equity. No waiver by OEM 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 OEM hereunder, or affect the subsequent
exercise of the same right or remedy by OEM for any further or subsequent default by the Recipient.
(12) TERMINATION.
(a) OEM may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(b) OEM 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 notice of the 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 OEM from the Recipient is determined.
(13) NOTICE AND CONTACT.
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(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of OEM contract manager for this Agreement is:
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, Deputy Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6333
Fax: (561) 742-6334
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to DEM 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 all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold OEM 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 all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
10
(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
Attachment B - Program Statutes and Regulations
Attachment C - Statement of Assurances
Attachment 0 - 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,
Ineligibility and Voluntary Exclusion
( 17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$1,721,252.00 subject to the availability of funds. All requests for reimbursement of administrative costs
must be accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of OEM 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-11 0, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment E.
Attachment E will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds.
11
1. ~o advance payment is requested.
2. An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
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 OEM under this Agreement are to be made payable to
the order of "Division 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,
OEM 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., OEM 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) STANDARD CONDITIONS
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(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 OEM 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 OEM and with
thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of
OEM from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida. and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) Any power of approval or disapproval granted to OEM under the terms of this
Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
13
(g) An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
(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;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to OEM (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment I) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by OEM prior to the Recipient entering into a contract with any prospective
subcontractor.
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(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.
U) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(k) 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 allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(m) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to OEM or be applied against OEM's obligation to
pay the contract amount.
(n) The State of Florida will 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) of the Immigration and Nationality Act
("INAn)]. OEM 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 this Agreement by OEM.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from OEM in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
15
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) COPYRIGHT, PATENT AND TRADEMARK
The Recipient shall 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
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
16
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient: CITY OF BOYNTON BEACH
BY~ ~
Name a d ti:'1 'i/J. L ~ /1j,J 10 ~
Date: !1/6#~7
FID# ~'1- b 0002. e'~
/-J
" '
STATE OF FLORIDA
,'I', ROVED' T019RM:
S'~Un07
fJr5 S-l ' CITY AlTORNEY
DIVISION OF EMERGENCY MANAGEMENT
I i
t\L. ~
............... --
BY:
Name and Title: W. Crai%Ugate, Director
Date: d.-j'J-?c r
17
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOllOWING:
Federal Program: Federal Emergency Management Agency
Catalog of Federal Domestic Assistance Number: 97.039
Amount ~f Federal Funding: $1,721,252.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Only the services described within the attached Agreement and Attachment A are eligible
expenditures for the funds awarded.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
Not Applicable
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
Not Applicable
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Not Applicable
NOTE: Section .400(d) of OMB Circular A-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.
18
Attachment A
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, City of Boynton Beach, will wind retrofit the
new Boynton Beach Fire Station #5/ Emergency Operations Center Building located at the Southeast
Corner of High Ridge Road and Gateway Boulevard, Boynton Beach, Florida 33426. The entire shell and
roof will be hardened beyond code against 192 mph winds, and hurricane shutters will be purchased and
installed on all windows. If deemed necessary, wind protection will be provided on any other openings
such as skylights, vents, louvers, and exhaust fans. All construction and installations will be done in strict
compliance with the Florida Building Code or Miami-Dade Specifications. All materials will be certified to
meet the wind and impact standards of 192 mph wind loads. The local municipal or county building
department will inspect and certify construction and installation according to the manufacturer
specifications.
This is FEMA project 1609-14-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on November 6,2010.
Schedule of Work
Planning (Fire Station/EOC/Police Facility):
Design:
Review:
Permitting:
Bidding
Construction
State Final Inspection:
State Contracting Process:
State Closeout:
Total Period of Performance:
Line Item Budaet*
Site Work:
Concrete:
Masonry:
Metals:
Thermal and Moisture Protection:
Doors and Windows:
Heating and Cooling System:
Electrical:
Sub-Total:
Administrative Cost:
Total
Project Cost
$185,094.00
$916,421.00
$ 82,264.00
$347,977.00
$ 92,547.00
$471,784.00
$ 61,698.00
$ 92,547.00
$2,250,332.00
$ 0.00
$2,250,332.00
1 Month
8 Months
2 Months 25 days
2 Months 20 days
o Months 20 days
13 Months 10 days
2 Months
3 Months 15 days
2 Months
36 Months
Federal Share
$138,821.00
$ 687,316.00
$ 61,698.00
$ 260,983.00
$ 69,410.00
$ 353,838.00
$ 46,273.00
$ 69,410.00
$1,687,749.00
$ 33.503.00
$1,721,252.00
Local Share
$ 46,273.00
$229,105.00
$ 20,566.00
$ 86,994.00
$ 23,137.00
$117,946.00
$ 15,425.00
$ 23,137.00
$562,583.00
$ 0.00
$562,583.00
*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:
$1,687,749.00 (75%)
$ 562,583.00 (25%)
$2,250,332.00 (100%)
Recipient Administrative Allowance up to $33,503.00.
19
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to properly losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall compensate
for the materials and labor for the installation 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 the Deparlment does not
confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. 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
parlicular purpose, merchantability, or merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Deparlment of
Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-
Design and Construction for Community Shelter. and thus does not provide "near absolute protection." It
is understood and agreed by the Deparlment and the Recipient that the building may have vulnerabilities
due to age, design and location which may result in damage to the building from wind events even after
the installation of the mitigation measures funded under this Subgrant Agreement. It is furlher understood
and agreed by the Deparlment and the Recipient that the level of wind protection provided by the
mitigation action, although meeting State standards and codes and enhancing the structural integrity of
the building, does not ensure the safety of survival of building occupants.
20
L';.;:,lC'
FEDERAL EMeRGENCY MANAGEMEN, AGENCY
HAZARD MITIGATIO/ll GRA/IlTS PROGRAM
Obligation Report w, Signatures
-~rvj~-.~. -1)6- ~2
2:SJsti!~ "'EH.!l,
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S c1Jg~Jntee 8,: ynt.JC' B,',lcn
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JJe~: ':tle :ITY '"F 3e YI\. '7' J" a':::rl :0 .!l,_r.' 3':::'1 :::.JdNTY 8'J~ N'JN Bey
F'IRE 3,."'.TI)/\ #'.: EJ.: - lVi.I\J::J
-_._---~---_._-- ------
+---_._-_._------~---~----
"--------_._~._--
TJU, An1ou1t
Prt'I/lOc;sly Alloc.ltej
T ota' .!l,r~o~nt
Prevlousiy ObilgJted
T ota. AmOunt
PenjngJb,lgatior
T ,')\3 Arr:ount AvaiiaDle
for l\Je'h 'Jbllgcltion
$1.68:" -49
$16S~~49
$:
$0
PrOject Amount
Grantee Admin Est
Subgrantee .Admln Est
Total Obligation IFMIS Date IFMIS Status FY
S1.68~.~49
$8.606
$33503
$1-29858 11:2,20C~ Accept 2008
Comments
Date
1102.2007
User Id CHYACINT
Comment MA approves obligation and submits to HMO for approval
Date:
11/02/2007
User Id MARTHUR1
Comment HMO approves obligation and submit to ES for approval
Authorization
Preparer Name: CLAUDE HYACINTHE
Preparation Date: 11/02:2007
HMO Authorization Name: MARCELLE ARTHUR
HMO Authorization Date 11/02:2007
Sir 1!..f1R_.s.:~ ,ll e _-=-E' r~.e "~a::1 ~
iJC _
<: ~ ,"/"'
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20-A
. : )l.~,2~~,.=--
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report wi Signatures
...),S-.lste" FEIV1A. A:.le';j'~~ent S~3te AcL,;;1
\J2 p,.'""leC~ Nc No ~rp)iC,Jti~r IJ No
Su~plt""~:e;1tJ'
N~ S:-lte
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43
FL Stdtew,de
S J:JJr .r1ke B0vr1rO~ Be,l~h
Scl(\jr d'lk'e F iPS Code 299-,:-3:-5
J'.l:l:ee
HMGF -,-"8-C:
prow.:t HiE' ::I;-Y JF BOYNTON BCH PA,,-M 3CH::-X;N~Y '3CYNTO,.., SCH
:"IRE STol.TIO,," #5'EOC - WIN;:)
Admin Calculation
.~jmlr .'::~st Calcu.ltlon Sliding Scale
Calcu:,ltlon PerCerltdJe N. A
Justification
I
I
I ~
d' p' // .
.1/t" /j /C./ /~. ",~t..~
Authorizing Official Signature
]);R.fC~
Authorizing Official Title
Authorizing Official Signature
AuthorizIng Official Title
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20-B
1/ /<6/07
I I
AuthorizatIon Date
Authorization Date
'~~:G, 2Jl~"'"
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
:jMGPAP-: 1
." ',~ PM
Project Management Report
.-:),sastec
N..Jn~ber
'EM.~
Pr.J;t'et NUn10er
.t,mt~'ldment
NUi~lber
I\;or:: Ie
State
'-3".3n~ee
1609
14 -R
o
210
FL
Statewide
.3~jbgrantee BJyr~ton Be.leh
riPS ':\.~je l)Sl~-C -3-5
P'o,eet ~,tie CITY ,]F BOYNTON BCH PA.LM B,:H COUNTY S:''r''<T':::N L~CH FIRE.:3;
MitiQation Proiect Description
Amendment Status: .I\ppro'ved
Approval Status: Approved
PrOject Title CITY OF BOYNTON BCH. PALM BCH COUNTY BOYNTON BCH FIRE ST
Grantee: Statewide
Subgrantee: Boynton Beach
Grantee County Name Palm Beach
Subgrantee County Name Palm Beach
Grantee County Code 99
Subgrantee County Code. 99
Grantee Place Name. Boynton Beach
Subgrantee Place Name Boynton Beach
Grantee Place Code 0
Subgrantee Place Code' 7875
Project Closeout Date 00:00/0000
Work Schedule Status
Amend #
Description
Time Frame
Due Date Revised Date Completion Date
00/00/0000 00/00/0000 00/00/0000
00/00/0000 00/00/0000 00/00/0000
00/00/0000 00/00/0000 00/00/0000
00/00/0000 00/00/0000 00/00/0000
00/00/0000 00/00/0000 00/00/0000
00/00/0000 00/00/0000 00/00/0000
00/00/0000 00/00/0000 00/00/0000
00/00/0000 00/00/0000 00/00/0000
00/00/0000 00/00/0000 00/00/0000
o State Contracting Process
o State Final Inspection
~ State Closeout
J Planning (Fire StalloniEOC/Police Facility)
o Design
o Review
120 Days
60 Days
60 Days
30 Days
240 Days
85 Days
80 Days
20 Days
400 Days
o Permitting
o Biddrng
o Construction
Approved Amounts
Total Approved
Net Eligible
$2250,332
Federal Total Approved
Share Percent Federal Share Amount
Non-Federal Total Approved
Share Percent Non-Fed Share Amount
75000000000 $1,687.749
25 00000000 $562 583
Allocations
Allocation IFMIS IFMIS
Number Status Date
SubmiSSion
Date
ES Support ES Amend Pro; Alloc Amount Grantee Subgra,1tee Total
FY Req 10 Number Fed Share Admll~ Amount Admin Amount Alioe Amount
2008 ~389657 3 $1 687749 $8606 533.503 $1 729.858
T't31 S' '3~- -.\'1 :: '~~'3 r-"':, r.: - 1 -,'~ ': :J r.. Q
~2 A 1102'2007 11:022007
Obliqdtions
.I\ction IFMIS IFMtS S'~b~lsslon
Nr Status C'1te 031e FY
A i ;':2, :)J:' ; ~ '~2 ~.JC7 2'},j8
E S SUDP Jrt ES Ame'1d Suppl PrJject Obligated
Req 10 Number Nr Amt - Fed Share
141JC3~6 42 48 $- 68-.~49
;-'Jtai ~1 '3,~- -49
Grantee Admin Subgri-lntee TJtai ']bllg3ted
Am,]unt ';,j'T1lr Am.Junt ,l\mou1t
S3606 S335=3 $1 -29.3503
s,~ 506
S32,51~3
S 1 .-::9 2.58
20-C
<j,Ck-' ~~'~-.
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
Hf\..'l~P ~c:\' _.: 1
~, ::,' ,::' rv~
Environmental Report
~.~a,~te:
'Ju-'Cc"
=EMA
P'c,e;:; Nu""tJe:
.0, "eljr-lent
NuC'lbe"
'.,pr:; I::)
S:,l'e
'~:.1"tee
1609
14,R
o
210
FL
Statewide
SJ~~,a:ltee B.:'v~tor Beach
FJPS '.: J'2e .."'\~lS-C-S-5
P::1wct -,t:(' CI-;-Y OF BC" NT -J,,," BCf-' P4.LM SCHCJul'<TY 8"::' 'ljL'N S':;H FiPE Si
FEMA Laws/EOs
L,IWS E'.Js
C:asra, 6ar:;ers ResOurces Act (,':;SRA'
Status
CO"lpleted
Clea~ Water Act ..CWA'
Cc1r:lpleted
Coastal Zone Management Act \ CZMA)
Completed
Endangered Species Act iESA} Completed
Comment: No effect to any T & E species or habitat per project description -MHAIGHT1-10:18i2007 1553 GMT
Fish and Wildlife Coordination Act (FWCA)
Completed
Nalional Histone Preservation Act ,NHPA) Completed
Comment: The project as described (Cost-plus) will have no effect on any historic resources. New construction -MHAIGHT1-10/18/2007 1553 GMT
Clean Air Act (CAA)
Completed
EO. 11988 FloodplainS Completed
Comment: The action as descnbed (Cost-plus) has no potential to adversely impact the floodplain. Zone B,C -MHAlGHT1-1 0, 18/2007 15 54 GMT
E 0 1 . 990 Wetlands Completed
E'] 12398: Envl"onmental Justice fer LOlli Incor:le aM Minority PJpulatlons Completed
20-D
. , ~"_"G.~ J-= ~
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
H1\;k~P-f::\ < 1
5_:\..-- Prv~
Environmental Report
~~.!~:;te~
~ ~J :~. ~.:'er
FEMA
';'V;'?'ljme1t
NUi"'b~r
i\pr:: I;:)
Stelle
(;~3ntt.~e
FrJ,ect ~u'~"'Cr2r
1609
14 -R
o
210
FL
Statewide
S J:::g:-:.1itee Bcyrtor BeJ.:h
,cIPS Coje J~9-C~3-5
FEMA NEPA Process
Pro;e<:: - t,e:i~'y OF 8,::>r'NL'N BCH PAL1\;' BCH C0L.:NTY Bey N-;-JN B'~H t=1~E Si
FEMA Status
:,ltc\ - Complete':!
. .n' ""''',/,,'',:11.',/''1 ,'/ oI!1I',\,'./i,,'t ," ,S:.' ,,'Ii.; it ,;.1.\,' ,.
.,t,:'.';';'j, ',i,/::
': \'i"
/.':.'/,-',,-'.1, ,nl"l/.
I'
'.' l .._, ,
~ ~A TEX Type Co,:!e
, .
,;1 ,., "', :/, ...S ','In,'Il; Sf/,." '''l ;'.", /1tJ!", ,.'
7' Nc Extr .lor,:!lnary Circumstances Requiring an EA
Documentation Complete 1 O. 18.2007'
15. Repair replace restore retrofit. upgrade to current
.:o,jes and standards. or repiace a facility xv'
'::0 Programmatic or Other Categorlca, Exclusion
Standard Conditions
1 Any change to the approved scope of work will require re-evaluatlon for complrance with NEPA and other Laws and Executive Orders.
2. ThiS review does not address all federal, state and local requirements Acceptance of federal funding requires recipient to comply with all
federal. state and local laws FaJ/ure to obtain all approprrate federal state and local environmental permits and clearances may Jeopardize federal
fun':!ing.
3. If ground disturbing activities occur dUring construction, applicant will monitor ground disturbance and if any potential archeological resources
are discovered Will Immediately cease construction in that area and notify the State and FEMA.
Comment:
This wind retro-fit proJect. described as hardening the entire shell and roof and installing hurricane shutters on an EOC that has yet to be built, is
ltegorically excluded from preparation of an Environmental Assessment per 44CFR Part 1 O.8(d)(2\(xvi\ and (xx) contingent on compliance with
,Ioted conditions. FEMA fundIng will only be used to retrofit the structure and no part of the funds will be used to acquire the land or build the
EOC.
Project Conditions
" Sub-grantee must obtain and comply with all necessary state and local permits, codes, and standards, and conditions set forth in each
Including employment of standard best management practices (BMP);
" . Actions must not affect historic properties. and potential effects to historic properties (if any) have been addressed In consultation with the
State Historic Preservalion Officer (SHPO) and conducted In accordance with Section 106 of the National Histonc Preservation Act. If dunng
project Implementation it appears that previously-unidentified hIstorically or archaeologically significant materials (or evidence thereof) are
discovered, the sub-grantee shall stop work Immediately. notify FEMA. and take all reasonable measures to aVOid or minimize harm to the
property. The sub-grantee would not proceed with work until FEMA. In consultation with the SHPO, determines that appropnate measures have
been taken to ensure that the project IS m compliance with the National Histonc Preservation Act.
" ActIons must not have extraordinary circumstances as described In 44 CFR Part 1081.dl(3);
,. Actions must comply with the reqUirements of Executive Orders (EO) 11988 IFloodplains) EO 11990 (Wetlands), and EO 12898
I Environmental Justice):
, Actions affecting resources regulated by the Clean Water Act must qualify under the US Army Corps of Engmeer's Nationwide Permit
Program and Flonda Department of Environmental Protection (DEP: General Permit
" The project will have no effect or any federally listed threatened or endangered species or therr habitat. and IS In compliance with the
Endangered Species Act r ESA)
~'1IS has been reviewed as a cost-plus application with FEMA making no investment In the actual Independent constructlor of a new faCility Any
C!langes to the approved mitigation measure or scope of work will require resubmlsslor though the State to FEMA. and Will require re-evaluatlon
for compliance With the National EnVIronmental Policy Act I NEPA.' and See 106 of the National HistOriC Preservation Act I NHPA' prror to
,',rtratlon of any work Non-complran.ce With these requirements may jeopard,ze FEMA's ability to fund thrs prr)!ect
-MHAIGHT1-10 ~ 9 2r}~7 '5 '3'3 (:;M'"
20-E
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) 44 CFR Parts 7, 9,10,13,14,17,18,25,206,220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(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 shall fully perform the approved hazard mitigation project, as described
in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the
allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. Recipient shall
comply with any and all applicable codes and standards in performing work funded under this Agreement,
and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient
and any land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Recipient shall be responsible for ensuring that any development permit issued and any
development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land
use permitting authority, where required. Recipient agrees that any repair or construction shall be in
accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to 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
21
3. A structure that the Director of the 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
purpose will be made 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 some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating
in the NEPA process. You are reminded that no construction may occur in this phase, that a full
environmental review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
1. For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
3. The Recipient must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower cost or earlier completion. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
22
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) It possesses legal authority to enter into this agreement, and to execute the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (OEM), including all understandings and assurances contained therein,
and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
No member, officer, or employee of the Recipient or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant
to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by OEM. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) 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
23
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other
forms of compensation; and election for training and apprenticeship;
(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42
U.S.C. Section 12101 et seQ.), where applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(i) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
U) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(I) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-
19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(m) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (US.C. 470), Executive Order 11593, 24 CFR 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 Historic Preservation Office to identify properties listed
in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity;
and
24
(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 Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Division of Emergency Management and
the Advisory Council on Historic Preservation, (PA)" which addresses roles
and responsibilities of Federal and State entities in implementing Section 1 06 of
the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
Management Agency (FEMA) may require Recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and the
salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished.
(5) Recipient agrees to notify FEMA and OEM if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation
with the SHPO, a treatment plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation (Council) publication
"Treatment of Archeological Properties". Recipient shall forward information
regarding the treatment plan to FEMA, the SHPO and the Council for review. If
the SHPO and the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If
either the Councilor the SHPO object, Recipient shall not proceed with the
project until the objection is resolved
(6) Recipient shall notify OEM 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 project that may result in a supplemental DSR or modify
an HMGP project for a National Register eligible or listed property; (c) if it
appears that a project funded under this Agreement will affect a previously
unidentified property that may be eligible for inclusion in the National Register or
affect a known historic property in an unanticipated manner. Recipient
25
acknowledges that FEMA may require Recipient to stop construction in the
vicinity of the discovery of a previously unidentified property that may be eligible
for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures
to avoid or minimize harm to such property until FEMA concludes consultation
with the SHPO. Recipient also acknowledges that FEMA will require, and
Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-
1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(q) 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;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(s) 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 agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race,
color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.s.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U..S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(z) 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;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
26
(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;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(ee) 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;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977,16 U.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972,16 U.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
OJ) 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. Return 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 presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to 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
27
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 conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
28
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:
OEM Agreement No: 08HM-6G-10-60-02-026
FEMA Trac Ing umbers: - -
Eligible Obligated Obligated Previous Current OEM Use On Iv
Amount Federal Non-Federal
100% 75% 25% Payments Request Approved Comments
k' N
1609 14 R
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 OEM 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 $
ADMINISTRATIVE COST
$
GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
29
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant:
City of Boynton Beach
Disaster No. 1609
OEM Agreement No. 08HM-6G-10-60-02-026
FEMA Tracking # 1609-14-R
Applicant's Date of delivery DOCUMENT A TION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of 100%
Claim Check. or work or vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description of
services. the articles or services.
TOTAL
30
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is.
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not
exceed the expected cash needs of the recipient within the initial three months.
[ ] NO ADVANCE REQUESTED
[ ] ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, 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.
(A) (B) (C) (D)
DESCRIPTION FFY 2005 FFY 2006 FFY 2007 Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITUREs1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
First three months expenditures need only be provIded for the years In which you requested an advance.
If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell 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 Maximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
31
ESTIMATED EXPENSES
BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOT AL EXPENSES
Explanation of Circumstances:
32
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: City of Boynton Beach
Project Number # 1609-14-R
PROJECT LOCATION: Retrofit
OEM 10 #: 08HM-6G-10-60-02-026
DISASTER NUMBER: FEMA-1609-DR-FL
QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 200_$
July-Sep, 200_$
Oct-Dec, 200_$
Oct-Dec, 200_$
Jan-Mar,200_$_ Apr-June, 200_$_
Jan-Mar, 200_$
Apr-June, 200_$_
Percentage of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [] Yes [] 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
[] Under Budget
[ ] Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (OEM) 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 OEM 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
33
Attachment G
Copyright, Patent and Trademark
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright,
the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the
Agreement provides otherwise.
If any discovery or invention arises or is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the
discovery or invention to the Division of Emergency Management (OEM) for a determination whether
patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing
under or in connection with the performance of this Agreement are hereby reserved to the State of
Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the
Recipient shall notify OEM. Any and all copyrights accruing under or in connection with the performance
under this Agreement are hereby transferred by the Recipient to the State of Florida.
Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists.
OEM shall then, under Paragraph (b), have the right to all patents and copyrights which occur during
performance of the Agreement.
34
Attachment H
Warranties and Representations
Financial Manaqement
Contractor's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities covered
by this contract. These records shall contain information pertaining to grant awards,
authorizations, obligations, un-obligated balances, assets, outlays, income and interest.
(3) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(4) Accounting records, including cost accounting records that are supported by source
documentation.
Competition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Contractor shall be alert to conflicts of interest as well as noncompetitive
practices among sub-contractors that may restrict or eliminate competition or otherwise restrain trade. In
order to ensure objective sub-contractor performance and eliminate unfair competitive advantage, sub-
contractors that develop or draft specifications, requirements, statements of work, invitations for bids
and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous
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 so.
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
is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected
for an award. The officers, employees, and agents of the Contractor shall neither solicit nor 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.
Licensinq and Permittinq
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.
35
Attachment I
Certification Regarding
Debarment, Suspension, Ineligibility
and Voluntary Exclusion
Contractor Covered Transactions:
1. The prospective contractor of the Recipient, C \~ of is ' ,~ T"~ ~e,",c...~
certifies, by submission of this document, that neithe it nor its princip Is is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal 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.
l>\2:BA~ ~)LL\lQK~ ~~~( Wt-
Contractor ~
By: Signature . ~ ~tCr-
~AtlX \? 'Wl~ ~.
Name and Title
YAt-IM ~ ...-- ?>1CYQO
t-L
City, State, Zip
Date ,5 '~l-d(
36
STATE OF
DIVISION OF EMERGENCY MANAGEMENT
CHARLIE CRIST
Governor
W. CRAIG FUGATE
Director
March 3, 2008
Mr. James Ness
Deputy Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: FEMA Project 1609-14-R
Palm Beach County, City of Boynton Beach, Emergency Operations Center,
Wind Retrofit Project
Dear Mr. Ness:
Enclosed is the executed Hazard Mitigation Grant Program contract (DEM No. 08HM-6G-1O-60-02-
026) between the City of Boynton Beach and the Division of Emergency Management. Upon completion of
the 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.
Additional assistance is available regarding your Project on the Florida Division of Emergency Management
Website: http://www.floridadisaster.orl!/brm/hml!P.htm. Please reference the heading: Grant Management
Tools Listed Below which contains sample documents that will provide guidance for completing requests for
reimbursement, reporting requirements and supporting documents containing important points, and sub grantee
close-out checklists.
Please forward all Requests for Reimbursement (Attachment D) to the Division of Emergency
Management at the following address:
Division of Emergency Management
State of Florida, Mitigation Section
Shaurita Jackson, Project Manager
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
If you have any specific questions regarding the contract or the Request for Reimbursement form,
please call Shaurita Jackson at (850) 922-5332.
Respectfully,
~, ~/"'
W. Craig Fugate, Director
Division of Emergency Management
WCF: sj/s
Enclosures
FLORIDA RECOVERY OFFICE. DIVISION HEADQUARTERS
36 Skyline Drive 2555 Shumard Oak Boulevard
Lake Mary, FL 32746-6201 Tallahassee. FL 32399-2100
Tel: 850-413-9969 . Fax: 850-488-1016
www.FloridaDisaster.orq
. STATE LOGISTICS RESPONSE CENTER
2702 Directors Row
Orlando, FL 32809-5631