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Emergency Relief Program Agrmt -.:2ot):l - ;21 '130 , Contract No.: AOC22 Catalog of Federal Domestic Assistance No: 20.205 Date of Execution: ~ ~l ( ~ ~ ;} 0 () t, ST ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EMERGENCY RELIEF PROGRAM AGREEMENT WHEREAS, the Federal Highway Administration, herein 'FHW A', has established an Emergency Relief Program codified at 23 USC ~ 125; and WHEREAS, FHW A has, as a result of Hurricanes Katrina and Wilma, authorized funding to be provided to the State of Florida, Department of Transportation, herein 'FDOT', for relief from the damage inflicted by said storms; and WHEREAS, this Emergency Relief Program Agreement provides for emergency relief; and WHEREAS, the City of Miami Beach, herein 'LOCAL GOVERNMENT', has incurred certain costs and expenses as a direct result of Hurricanes Katrina and Wilma, and as defined on the attached Detailed Damage Inspection Reports, herein 'DDIRs'; and TOT AL MAXIMUM LIMITING AMOUNT $185,692.54 WHEREAS, it has been determined that emergency repairs are necessary and that the costs and expenses of said repairs are eligible for reimbursement up to 100%, dependent on the amount of allocation made by FHW A; NOW THEREFORE, The parties agree as follows: 1. The FDOT enters into this Agreement as the administrator of FHW A Emergency Relief Program funds with the administration of funds being subject to the terms and conditions of 23 USC ~125 and the Program Administration Manual published by the FHW A. 2. The LOCAL GOVERNMENT has been authorized by FHW A to undertake and to complete certain emergency relief efforts associated with Federal Aid highways or roads on federal lands within its jurisdiction. The scope of work and services authorized by FHW A are described in the attached DDIRs, incorporated herein as Exhibit 'A'. Page 1 of 5 Emergency Relief Program Agreement between the Florida Department of Transportation and the City of Miami Beach ., '. 3. Emergency Repair projects under the FHW A Emergency Relief Program must comply with the requirements of the National Environmental Policy Act (NEP A) of 1969 and as further defined in Chapter 6-N of the FHW A Emergency Relief Manual, which may be obtained at http://www.fhwa.dot.gov/reports/errn!ermchap6.htm#n. 4. Subject to the terms and conditions of the Emergency Relief Program, FDOT agrees to reimburse LOCAL GOVERNMENT for eligible costs from the funds provided to FDOT for said purposes. In the event the funding provided to FDOT by FHW A is insufficient to pay all eligible emergency relief costs of all local governments, FDOT shall allocate the reimbursement on a prorata basis among all eligible claims submitted. 5. Invoices for fees and other compensation will be certified by LOCAL GOVERNMENT as being due and eligible for reimbursement and shall be submitted in sufficient detail to allow a proper pre and post audit thereof. 6. The FDOT agrees to reimburse LOCAL GOVERNMENT in a Lump Sum Amount not to exceed ONE HUNDRED EIGHTY -FIVE THOUSAND SIX HUNDRED NINETY-TWO DOLLARS AND FIFTY-FOUR CENTS ($185,692.54) for actual direct costs. Backup documentation is required and must support the invoice total. No reimbursement will be made for travel. 7. Participants providing goods and services to FDOT should be aware of the following time frames. Upon receipt of an invoice, FDOT has twenty (20) working days to inspect and approve the goods and services. The FDOT has twenty (20) days to deliver a request for payment (voucher) to the State of Florida, Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 8. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount. Interest penalties of less than ONE DOLLAR ($1.00) will not be endorsed unless LOCAL GOVERNMENT requests payment. Invoices which have to be returned to LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to FDOT. 9. Vendor Ombudsman has been established within the State of Florida, Department of Financial Services. The duties of this individual include acting as an advocate for Contractors/vendors who may be contacted at (850) 410-9724 or by calling the Department of Financial Service's Hotline at 1-800-848-3792. 10. Recipients of federal funds awarded by FDOT to LOCAL GOVERNMENT are subject to audits as defined in OMB Circular A-B3, as revised. The circular may be obtained at http://www. whitehouse.gov/omb/circulars/aI3 3/a 13 3 .html. 11 . Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to FDOT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be Page 2 of 5 Emergency Relief Program Agreement between the Florida Department of Transportation and the City of Miami Beach <. furnished to FDOT upon request. Records of costs incurred includes LOCAL GOVERNMENT's general accounting records and project records, together with supporting documents and records of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by FDOT for a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from LOCAL GOVERNMENT to FDOT. 12. !he FDOT may unilaterally cancel this Agreement for refusal by LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statues, and made or received by LOCAL GOVERNMENT in conjunction with this Agreement. 13. In the event this Agreement is in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) or has a term for a period of more than one year, the provisions of Chapter 339. 135(6)(a), Florida Statutes, are hereby incorporated as follows: "The FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The FDOT shall require a statement from the Comptroller of the FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the FDOT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year." 14. All agreements entered into by LOCAL GOVERNMENT for which LOCAL GOVERNMENT seeks reimbursement under the terms of this Agreement shall include the "Required Contract Provisions, Federal-Aid Construction Contracts". The most recent version of said provisions may be obtained at htto://www.fhwa.dot.gov////programadmin/contracts/1273.htm. The services provided under this Agreement involve funding from FHWA and the provisions indicated on form FHWA-1273 apply. 15. After this Agreement is fully executed by both parties, all invoices for reimbursement are to be mailed to: Florida Department of Transportation Attn: Kenneth Robertson, lP A Coordinator 1000 NW 111 Ave, Rm. 6137 Miami, Florida 33172 Phone: (305) 470-5452 kenneth.robertson@dot.state.fl.us Page 3 of5 Emergency Relief Program Agreement between the Florida Department of Transportation and the City of Miami Beach '\ 16. This Agreement will expire on June 30, 2007. All invoices for reimbursement under this Agreement will be submitted by the LOCAL GOVERNMENT to the FDOT no later than 120 days after Agreement expiration, preferably sooner. Invoices received after this date will not be paid. IN WITNESS WHEREOF, Agreement this 30rK day of this Agreement this Jtl sf day of the LOCAL WI.. (,eL,. ~~/t GOVERNMENT has executed this , 2006, and the FDOT has executed ,2006. CITY OF MIAMI BEACH By: Name: Title: ~ .KP~ City Clerk (SEAL) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION A 11 1A/f}h 1/ ~ -3-'2..?-<< ~ Date ST A TE OF FLORIDA DEPARTMENT OF TRANSPORTATION :::t~ Title: District Six Secretary Attest: "/1~ ~ Exec"live secretMy~ Legal Review: ~y9--0 Istrict Six General Counsel Authorization Received from the Comptroller's Office as to Availability of Funds: Orfr/NOb ~ Da e JP A oordinator - Page 4 of 5 Emergency Relief Program Agreement between the Florida Department ofTransportalion and the City of Miami Beach EXHIBIT' A' Detailed Damage Inspection Reports Attached hereto and incorporated herein by reference: DDIR #KA87-026 City of Miami Beach- various locations on Federal-aid routes Debris removal and CEI Services from Hurricane Katrina, AshBritt contract, PBS&J contract Contact Person: Clifton Leonard DDIR #WI87-046 City of Miami Beach - various locations on Federal-aid routes Debris removal and CEI services from Hurricane Wilma, contract Contact Person: Clifton Leonard Page 5 of5 Emergency Relief Program Agreement between the Florida Department of Transportation and the City of Miami Beach iO , us. OwrJartment . of TrwllpCl<1atiotl . ::,,:=ay .LOCatton (NatTie of Road and ~W/8POsf) .--..---..... --.-.-------... lvarious locations witr.in the City of Miami Beach J OET AILED DAMAGE INSPECTION REPORT Number F<'.A87 -026 (Title 23, Federal-aid Highways) !S;;eer----- .. of FHWAOisaster NUnbe( F:' - 05 - C 3 I r'-~Piion-oi.Damage-.--. -.-.. :City of Miami Beach IOebris removal from IRou~ I ~.._..... I Number Hurricane Katrina on various FriWA Federal-aid various State County FL ai-Miami Dade Cost Estimate .... ....._y~,..._.'.___..~.._m."_.._..._,_,,"y____.__~.'...._.....~_~_,..~....,..,,~..~,,__~.~"~ '_"~." ..,......... ... ....~... - ~~--~ - ~~ ~ __ M ..^...., Descnption ot Work to Date (EqUlpmilnt. Labor. and MatenalS) Unit! UM Pnce Quantity Cost L~E~~__!?~~~__~~E.E!51.._~~~".Y~_~.________ ....__________.____._ IRemoval of Hazardous trees, limbs & Brush.! I ----------..~.-~.",..~^.-.......^. "." """-"'_'''__'"'_'''~__''____'_'~' . m.. "'M_~""~"'_""'_"'_'H""'__'___,"_,_"_.,,, '"'~"'~""~__"""'._N"_~~_"""'''_' _ ".^.-t...,._--"--~,...-.-ou-...-^...". .! .. ... ,..~."__ __ "'''~ I ! Cont r~~~._.~~.t:~_~_~~~~_~_t:~__'" u. . ... ....------------+----t--...--.. . . '_ . .._______ ._'. . _. _ _....._. i '- ~...---..'"-.-.N-~....--......,~u...v_... . ..._.. ..,,-.~.-.-.~.-.........."...,..,~,~...___~___._~_w~_,..._..-...~,__.'.,__,.,,_..~_.._y_^-...~ .,.. .--..._____.o...._~._~~._._...... I Jr~:~t=::i~~:h--PBS~J.--'- ..-.-----.---..-----..----F.u ...........-.... .-----.. u........ -....-.- I ~-------- .__ .-_._._ _.. _ ___ .. .._.___._____.... ..... _.._..._.._..._.____.... . ........_____...____ ......_...____._._...___.. I it- I f ~ ~..=~~~-.--- -~.~~=~=-~ ~ =- ~.- ..=-=-==--~.....~~..-~~~..,,-~:.=~.-----... i w ~--- ..-..--.---....--...-..... . - -----....-..... ..............-.-..- . i.... "__~_"__'_ i i.. . I -'--'~"--'~'--~~"-' ".._u,'.-.....'"..,_,'~._..,u.-.._. ..'~~m'~'....._.,.......M___."'.,,___~_'"'.~.._'...... ."t"m_~.__~."N"~,._--v.~..,.H.~.,.._,.,.. '~"~~""'"'_" .. .... .~"'_"M'_'..M.__~~~_.___...N' '~'~"________~~U_N..... i i I r-.-....-------.............-------..---.....-..--...---.----..---...........r.. . ......----.----.....-. .. ...........-.--..--.-.-.----............. .....----..-.---..------..... . l....-.._~R..._..~._ . .....~..~----.~--~,~.~~. .....," ..--..__._...'._"_,.._.._,.~_...',..~ m ...._".._M.__.____._,.__~..,___...~._...;..'N._.__--.:....__"._.......m,'~',''- .. -.l..".__..._~.~>=_.__.._._...,~...v.,.~_,,__..__._.___ _,.__.'_....'k'^..'.,....-<....~.N..___._..y.._'"'"' i Method .. ."-~,,......._..'~,~....... .. .~~~~~.~~._..i_ Remalnmg .."...__..~l_l,g.!.:?~~. 5.:1._. Local Forces St3te Forces LOt..; Contract ~-,._._~_....._..._--".,~"- i ! I ~_"~h_h'N_'" i ,.".__.~~.~,'~..N~~_'.._ ! i-'--- , i r---~~.....M'~ ....... ..___w...........__,._._.,~_,.~."._",.,..'..__.___.._N.___"'.....~...._..._..__.-.,-~^..-...,_...,..~-,.-,~.t.,... "....-.'.-,,---..--..- i ..s ~'_'''''''''M ......._,_.,,--..,---~-,-,,-~.... .... -..'"~_~_,.._.._'.'""_~._n_m',~"...,...... "'___"_~"w._ _'.','~_~_.w.'.'_,,~ , I I! r.... ... ....----.. -.............-. .......-----...-----.......-- .. ,....._ '.__"_ .__~".'_ . .....___......._..._.._._....... __.. ........__...._._....._._ ! J C::-~::.~.--~-~~~~~~==:_..:=~-..:...:=~_=::=:-::=._,: .....----------.....-.~.. ......_-:::~=:==..~=_-l.--__---.-.--_-.~-.-::==:=--==_.:::-::-- i 1i ~.............-......_......--.._.....-.........-.......------....-................--.......-.-.-......t-.. '.............___..._._....._ ........ ......_._........ . .... ....... ........._._..__._...... i I __ .........._. ........_..._.... _ ..._.......________......... ! ~ . ~-=======~=_~=~===_ i====:---=====::__-===. I Method I : i , I 1 I I __ I Environmental Assessment Recommendation i IL Categorical Exclusion rR~:iKjabon-~~. :;~~~;-..- I Concurrence I Y flS_.___._._ ... __ _.. __ .. ..__ _. [:O~==~.:-........~~.~_ Fonn FHWA-1547 (Rev. 4-98) , .: , , . > "' "'O---'-_.__w._-~...~'~_..."""'-'-'_..,_._~.,~_..._..__r--'~...._M.... u.___...,____._,m~...._",_~_,..._.~,.._.-...._.'"'_"_y_..,_~! Local Forces State Forces ill Contract Subtotal. PElCE Right-ot-Way Perm. Repair Totals Estimated Total $1':QT69:~S4 Date No _~1_:9...?::2.~_. .~l.~___ Dale ..- ..y**" :0 . u.s. Department , of Tl'\IInIIlOI1ation : F_/lI1 HIghway i Mmlnlstllltfon [Location (Name-Of-Road and MilepO$O !Various locations within DETAILED DAMAGE INSPECTION REPORT (Title 23, Federal-ald Highways) the City of Hiami Beach IOescrtPtlonor.Damage------ - ... City of Miami Beach Debris removal from Routes. ~ 1-14)- Or.. ~n.."",,, Hu~ricane KAtr'~~ or. various FHWA Federal-aid Cost Estimate Report Number n97-046 ... of FHWA Disaster NUl1lber Route Nucnl:ler various State FL 87-Miami Dade Cost limbs &: Brush Subtotal PElCE Local Forces Slate Forces Contract c .2 1! o W G 0:: Local Forces State Forces Contract Assessment [Z] Categoncal exclUSion EAiEIS No .lJ EliglOle Ineligible Yes No ~es Form FHWA-1547 (Rev. 4-98) 75 OOO.CO Repair Total Perm. Repair Totals Estimated Total 0$75, COG. GO ~- ~..----:- . . . " RESOLUTION NO. 2002-24930 A RESOLUTION OF THE MAYOR AND CITY COMMISSION_OF___ ._ THE CITY OF MIAMI BEACH, FLORIDA, DESIGNATING Tf:1E ': [;-- c~ -~- rn rc CITY MANAGER, OR HIS DESIGNEE, AS THE AGENT TO. - _ .~~LS REPRESENT THE CITY OF MIAMI BEACH WITH THE FEDERAL ..., EMERGENCY MANAGEMENT ADMINISTRATION, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND RELATED AGENCIES, TO EXECUTE REQUESTS FOR ASSISTANCE, DAMAGE CLAIMS, REQUESTS FOR PAYMENTS, AND OTHER. SUPPLEMENTAL DOCUMENTS IN ORDER TO REQUEST AND RECEIVE DISASTER RELIEF GRANTS AND RECOVERY ASSISTANCE FOllOWING NATURAL DISASTERS. WHEREAS, hurricanes, tornados, tropical storms and other natural disasters can have devastating impacts upon our community; and WHEREAS, the Federal Emergency Management Administration (FEMA), the Florida Department of Community Affairs (DCA) and other Federal and State a.gencies have developed programs to help communities recover from the devastation caused by natural disasters; and WHEREAS, in order to be eligible to apply for the disaster relief funds, the City is required to designate an agent to represent the City with FEMA, the DCA and other agencies in the Disaster Relief Grant process; and WHEREAS, the City's agent must be authorized to execute requests for assistance. damage claims, requests for payments, and other supplemental documents in order to request and receive disaster relief grants and recovery assistance. following a natural disaster; and WHEREAS, in order to comply with the eligibility requirements and to ensure that the City is prepared in the event of any future disasters. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager or his designee. is hereby designated the agent to represent the City of Miami Beach with FEMA, the DCA. and related agencies to execute requests for assistance, damage claims, requests for payments and other supplemental documents in order to request and receive disaster relief grants and recovery assistance 0 lowing natural disasters. PASSED and ADOPTED this 31st day of July, 20 . Mayor .' .;"';Ji(OVED AS TO ::ORM & LANGUAGE & FOR EXECUTION ATTEST: ~t~ paA{t-- City Clerk ~~.~:- 7k~l.. Dah ~ Florida Department of Transportation JEB BUSH GOVERNOR District Six - Legal Office 1000 NW 11lth Avenue, Rm. 6143 · Miami, Florida 33172 DENVER J. STUTLER, JR. SECRETARY May 3, 2006 City of Miami Beach Attn: Cliff Leonard, Risk Management 1700 Convention Center Drive Miami Beach, Florida 33139 Re: 2005 Hurricanes: FHW A Emergency ReHef Program Agreements; Execution Notice and Invoicing Instnlctions Dear Mr. Leonard: Enclosed for the City of Miami Beach's (City's) records is one (1) original Emergency Relief Program Agreement (Agreement) for reimbursement of emergency repair costs incurred by the City as a result of the 2005 Hurricane Season. This Agreement was executed by the Florida Department of Transportation (Department) on April 21, 2006. A second original Agreement was sent under separate cover to Ms. Kerry Hernandez, City Clerk's Office. The City may now invoice the Department for reimbursement under the FHW A Emergency Relief Program. Invoices for emergency repairs must be accompanied by supporting documentation, including: man hours, overtime hours, tipping fees, equipment usage, photos of damage, cost summaries, copies of contractor's contracts, FEMA Category A Worksheets, etc. Expenses incurred prior to the landfall of each respective hurricane are ineligible for reimbursement. Invoices in excess of your authorized DDIR estimates will be rejected by the Department and forwarded to FHW A for review. If approved, the Department would then send the City a revised Emergency Relief Program Agreement covering the difference. Please separate invoices by hurricane and further subdivide hurricane invoices by category of work (DDIR I Financial Project Number). You may transmit hurricane invoices all at once or under separate cover, at the City's discretion. Forward all materials to: Florida Department of Transportation Attn: Kenneth Robertson, JP A Coordinator l000NW 111 Ave,Rm. 6137 Miami, Florida 33172 Thank you on behalf of the Department for your assistance in expediting the execution of this Agreement. If you have any questions or concerns, please feel free to contact me at (305) 470-5452. Sincerely, J/~ CJ .1(~ I K}n:,eth Robertson Joint Project Agreement Coordinator encl.: One (1) original Emergency Relief Program Joint Project Agreement ~ DISTRICT SIX OFFICE OF THE GENERAL COUNSEL KENNETH ROBERTSON JOINT PROJECT AGREEMENT COORDINATOR - www.dot.stateJl.us 5TATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1000 NW ll1TH AVENUE MIAMI, FLORIDA 33172.5800 TELEPHONE: (305) 470-5452 5UNCOM: 429-5452 FAX: (305) 470-5552 kenneth.robertson@dot.state.fl.u.