R10-173
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1 RESOLUTION NO. RIO -/73
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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 FIVE
7 TO SUBGRANT AGREEMENT WITH THE ST A TE
8 DIVISION OF EMERGENCY MANAGEMENT TO
9 REINSTATE, INCREASE THE FUNDS AND EXTEND THE
10 PERIOD OF PERFORMANCE FROM JULY 31, 2010 TO
11 JANUARY 31, 2011; PROVIDING AN EFFECTIVE DATE.
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13 WHEREAS, on November 3, 2009 the City Commission approved Modification
14 Number four 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, the project of adding second story window coverings and replacing the
18 Kalwall roof in the City Hall lobby and West Wing has been completed; and
19 WHEREAS, the extension of time allows the City to receive additional funding to
20 cover the unexpected expenses in modifications to properly secure the flashing to prevent
21 leaks.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission of the City of Boynton Beach hereby authorizes and
28 directs the Mayor to execute Modification Number Five to Subgrant Agreement between the
SICAIRESOlAgreementslReso -SubGrant Agreement-Kalwall - SAS (#5).doc
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1 Division of Emergency Management and the City of Boynton Beach to reinstate, increase the
2 funds and extend the Period of Performance from July 31, 2010 to January 31, 2011, a copy of
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3 i which is attached hereto as Exhibit "A".
4 Section 3. This Resolution shall become effective immediately upon passage.
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5 PASSED AND ADOPTED this L day of December, 2010.
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8 CITY OF BOYNTON BEACH, FLORIDA
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29 ATTEST:
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33 Ja et M. Prainito, MMC
34 lty Clerk
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37 (Corporate ~l)
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S\CA\RESO\Agreements\~eso -SubGrant Agreement-Kalwall - SAS (#5).doc
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Contract Number: 07HM-4@-1 0-60-02-006
Project Number: 1545-74-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF BOYNTON BEACH
This Modification Number Five 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 DEM
Contract Number 07HM-4@-1 0-60-02-006,dated September 28, 2006 ("the Agreement").
WHEREAS, the Agreement expired on July 31,2010 and
WHEREAS, the Division and the Recipient desire to reinstate, extend the terms of Agreement, and
increase the funds.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties
agree as follows:
1. The Agreement is hereby reinstated as though it had never expired.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
This Agreement shall begin September 28, 2006; the official Period of Performance is
extended to July 31, 2010 (as stated in the FEMA approval letter); however, this modification
provides an administrative extension to reinstate the Agreement and extend the period
of performance until January 31, 2011, unless terminated earlier in accordance with the
provisions of paragraph (12) of this Agreement.
3. The Agreement is amended to increase the maximum amount payable under the Agreement to Three
Hundred Fifty Two Thousand Four Hundred Fifty and No/100 Dollars ($352,450.00).
4. The Budget and Scope of Work, Attachment A to the Agreement, is hereby modified as set forth in
Revised Attachment A to this Modification, which is attached hereto and incorporated herein by
reference.
5. All provisions of the Agreement being modified and any attachments in conflict with this Modification
shall be and are hereby changed to conform with this Modification, effective on the date of execution
of this Modification by both parties.
6. 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.
7. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below.
RECIPIENT: CITY OF BOYNTON BEACH DIVISION OF EMERGENCY MANAGEMENT
By: J-- BY:~'~
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Name and Title: Z- Name and Title: David Halstead, Director
Date: 1r9.// ~ J 10 Date: ~fl
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ApPROVEO
CITY ATTOR"EY
Attachment A (Revised)
Budget and Scope of Work
ScoDe 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 January 31, 2011.
Schedule of Work
State Contracting: 3 Months
Prepare Competitive Bid Process for Purchase
and Installation: 1 Month
Award of Purchase and Installation Contract: 8 Months
Verify Field Dimensions for Fabrication and
Engineering Review: 8 Months
Site Specific Engineering Submittal and Order
Materials: 8 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: 0 Months 14 Days
Submit Reimbursement Request: 0 Months 14 Days
Unoredictable Weather: 3 Months
Total Period of Performance: 52 Months 3 Days
Budaet
Line Item Budaet*
Project Cost Federal Share Local Share
Materials and Installation: $436,024.00 $327,018.00 $109,006.00
Fees Including Permits, Insurance: $ 20.404.00 $ 15.303.00 $ 5.101.00
Sub-total: $456,428.00 $342,321.00 $114,107.00
Administrative Cost: $ 0.00 $ 10.129.00 $ 0.00
Total: $456,428.00 $352,450.00 $114,107.00
* 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: $342,321.00 (75%)
Local Share: $114.107.00 (25%)
Total Project Cost: $456,428.00 (100%)
Recipient Administrative Allowance up to $10,129.00.
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The materials and work funded pursuant to this Subgrant Agreement are mtended 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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