R09-163
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1 RESOLUTION NO. R09 -/{.;5
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4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE
6 MAYOR TO EXECUTE MODIFICATION NUMBER FOUR
7 TO SUBGRANT AGREEMENT WITH THE STATE
8 DIVISION OF EMERGENCY MANAGEMENT TO
9 EXTEND THE PERIOD OF PERFORMANCE FROM
10 DECEMBER 31,2009 TO JULY 31, 2010; PROVIDING AN
11 EFFECTIVE DATE.
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13 WHEREAS, on September 1, 2009 the City Commission approved Modification
14 Number three to the Subgrant Agreement with the State Division of Emergency Management
15 to receive additional hazard mitigation grant funds to replace the sky roof panels in the City
16 Hall lobby; and
17 WHEREAS, under the current agreement the period of performance for this grant
18 project ends on December 31, 2009; and
19 WHEREAS, since the contractor estimates completing the construction phase in 142
20 working days and the City must allow 65 days tor inspections and closeout of the grant, the
21 December 31, 2009 deadline did not allow sufficient time for project closeout; and
22 WHEREAS, the State has offered the City a grant modification that would extend the
23 deadline for the closeout of the project to July 31, 20 I O.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof
S\CAIRESO\AgreementsIReso Sl<bGrant Agreement-Kalwall SAS 1#4) doc
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1 Section 2. The City Commission of the City of Boynton Beach hereby authorizes and
2 directs the Mayor to execute Modification Number Four to Subgrant Agreement between the
3 Division of Emergency Management and the City of Boynton Beach to extend the Period of
4 Performance from December 31, 2009 to July 31, 2010, a copy of which is attached hereto as
5 Exhibit "A".
6 Section 3. This Resolution shall become effective immediately upon passage.
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7 PASSED AND ADOPTED this L day of November, 2009.
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10 CITY OF BOYNTON BEACH, FLORIDA
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22 Commissioner- Ronald Weiland
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26 Cummi"ioo )0", RO",i'''L
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30 Commissioner - Marlene Ross
31 ATTEST:
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Agreement Number: 07HM-4@-1O-60-02-006
Project Number: 1545-74-R
MODIFICATION TO SUB GRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
THE CITY OF BOYNTON BEACH
This Modification Number Four is made and entered into by and between the State of
Florida, Division of Emergency Management, ("the Division"), and the City of Boynton Beach ("the
Recipient") to modify DCA Contract Number 07HM-4@-10-60-02-006, dated September 28, 2006
("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the
Division has provided a subgrant to Recipient under the Hazard Mitigation Grants Program of
$345,084.00; and
WHEREAS, the Division and the Recipient desire to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. Paragraph 3 of the Agreement is hereby amended to read as follows:
This Agreement shall begin September 28,2006, and shall end July 31,2010,
unless terminated earlier in accordance with the provisions of paragraph (12) of
this Agreement.
2. All provisions of the Agreement being modified and any attachments thereto in conflict
with this Modification shall be and are hereby changed to conform with this Modification,
effective as of the date of the last execution of this Modification by both parties.
3. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
4. Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of
the administrative close-out report. The ending dates for each quarter of the program
year are March 31, June 30, September 30 and December 31.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates
set out below.
RECIPIENT: CITY OF BOYNTON DIVISION OF EMERGENCY
BEACH MANAGEMENT
BY:~~ By:__ ~~_._..-._-_..~ -~-_.-
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Narlland Title: . Mayor Name and Title: R~r;. Almagner. Interim Directnr
Date: //-6~ () f Date:___ \)...- ,~ ., __
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Attachment A (Revised)
Budget and Scope of Work
Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, the City of Boynton Beach, will wind retrofit
the City Hall Building located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, by
purchasing and installing Exeter storm shield hurricane barriers forty one (41) window openings. If
deemed necessary, wind protection will be provided on any other openings such as skylights, vents,
louvers and exhaust fans. All 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 the
current local codes. The local municipal or county building department will inspect and certify installation
according to the manufacture specification.
This is FEMA project 1545-74-R, funded under 1545-DR-FL.
The Period of Performance for this project ends on July 31, 2010.
Schedule of Work
State Contracting: 3 Months
Prepare Competitive Bid Process for Purchase
and Installation: 1 Month
Award of Purchase and Installation Contract: 6 Months
Verify Field Dimensions for Fabrication and
Engineering Review: 6 Months
Site Specific Engineering Submittal and Order
Materials: 6 Months
Company Fabricates, Obtain Permits, Recv. Materials: 1 Month 5 Days
Installation: 4 Months
Kalwalllnstallation: 12 Months
Punch-Out and Final Inspection: 3 Months
Submit Project Close Out: o Months 14 Days
Submit Reimbursement Request: o Months 14 Days
Unpredictable Weather: 3 Months
Total Period of Performance: 46 Months 3 Days
Budaet
Line Item Budaet*
Project Cost Federal Share Local Share
Materials and Installation: $426,459.00 $319,844.00 $106,615.00
Fees Including Permits, Insurance: $ 20.404.00 $ 15.303.00 $ 5.101.00
Sub-total: $446,863.00 $335,147.00 $111,716.00
Administrative Cost: $ 0.00 $ 9.937.00 $ 0.00
Total: $446,863.00 $345,084.00 $111,716.00
* 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: $335,147.00 (75%)
Local Share: $111.716.00 (25%)
Total Project Cost: $446,863.00 (100%)
Recipient Administrative Allowance up to $9,937.00.
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The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural or man made disaster
The funding provided by the Division of Emergency Management (OEM) under this subgrant is only
intended to pay 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 OEM in no
way confers or implies any warranty of use or suitability for the modifications made or installed. The State
of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but
not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular
purpose, merchantability, or merchantable quality.
This project has not been evaluated as meeting the standards of the Department of Homeland Security,
Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design
and Construction for Community Shelter. It is understood and agreed by OEM and the Recipient that the
building has vulnerabilities due to age, design and location which may result in damage to the building
even after the installation of the mitigation measures funded under this Subgrant Agreement. It is further
understood and agreed by OEM and the Recipient that this mitigation project is not intended to make the
building useable as a shelter for the Recipient's staff or any other citizens in the event of any natural or
man-made disaster.
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