Fort Walton Beach Council agenda — 10-11-05 Regular — reading text

may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or foradjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Sub grantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. 10 Subgrantee: City of Fort Walton Beach, FL Disaster #: 1602 ARTICLE XXIV. Attachments. A. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Department of Emergency Management website: www.f1oridapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: FOR THE SUBGRANTEE: W. Craig Fugate, Director Michael G. Anderson. Mavor Division of Emergency Management Ci ty of Fort Walton Beach -. Department of Community Affairs PO F!nx 400~ 2555 Shumard Oak Blvd Fort Walton Beach FT, 32549 Tallahassee, Florida 32399- 2100 ARTICLE XXVI. Desil!nation of Al!ent. Subgrantee hereby designate~ fi ~h~ pl , T _ Burton, Pi nance Director as its primary agent, and designatesJoyce A. Shanahan, Ci ty ~ a:f~~ ate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: FOR THE SUBGRANTEE: DEP ARTMENT OF COMMUNITY AFFAIRS, M;~ h~ p' ~ Annp~~ nn State of Florida, By: Printed Name) W. Craig Fugate, Director Signed Name) Division of Emergency Management Mayor Title) Date) Date) Public Assistance Proe:ram 59- 6000323 Federal Employer Identification Number ( FEIN) 11  STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Dedicated to making Florida a better place to call home" JEB BUSH THADDEUS L. COHEN, AlA Governor Secretary MEMORANDUM TO: All Sub- grantees for Public Assistance Disaster Relief Funding VIA: Frank 1. Koutnik Deputy State Coordinating Officer for Recovery FROM: Gary Freerksen Acting State Public Assistance Officer DATE: September 26. 2005 SUBJECT: Disaster Relief Funding Agreement Enclosed is theoriginal Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Katrina FEMA- 1602- DR-FL. The funding agreement will provide funds for eligible disaster relief activities specifically described in approved Project Worksheets PWs). Please print or type the name and title of the authorized agent with the address where the State is to submit official notices and payments under the Agreement on page 9, Article XXV, Notice and Contact. The authorized agent ( also referred to as the Primary Agent) is the person responsible for signing all official documentation sent to us ( request for payment, time extension requests, certification of Project Listings, etc.) and ensuring documentation is available for Final Inspection and audit. Enter the Authorized Agent again and designate an Alternate Agent in Article XXVI, Designation of Agent, also on page 9. See attached sample of page 9. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399- 2100 Phone: 850. 488. 8466/ Suncom 278. 8466 FAX: 850. 921. 0781/ Suncom 291. 0781 Internet address: httD:/ lwww. dca. state. fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT FLORIDA LONG TERM RECOVERY OFFICE 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 100 Sunport Lane Marathon, FL 33050- 2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Orlando, FL 32809 305) 289-2402 850) 488- 2356 850) 413-9969 407) 858-4946  FEMA- 1602- DR- FL -- and Hurricane Katrina MEMORANDUM Page Two Signature Authority: The person signing the Agreement should be the chief executive official for your organization: Mayor for cities and towns; Chairman of the Board of County Commissioners for counties; Chief Executive Officer of private nonprofit organizations; Agency Head or Secretary of State Departments. Please submit documentation verifying signature authority for all others. Documentation stating delegation of authority should be one of the appropriate examples listed below: 1. For counties, a board resolution or meeting minutes confirming the signature authority. 2. For cities, a city commission resolution, meeting minutes, or a copy of the page( s) from the city charter authorizing the signature. 3. For private nonprofit organizations, a copy of the page from your charter specifying the position authorized to sign contracts, a board resolution or meeting minutes authorizing signature. 4. For state agencies delegation of authority signed by the Secretary or Agency Head. The State of Florida Public Assistance Office is managing the current disasters in Orlando, Florida at the Florida Long Term Recovery Office. Please forward the completed Agreement for Hurricane Katrina, FEMA- 1602- DR-FL excluding all attachments to: Florida Long Term Recovery Office 100 Sunport Lane Sunport Center Orlando, Florida 32809 ATTN: Gary Freerksen, Public Assistance Should you have any questions or need further information, please feel free to contact our Applicant Support Team, at ( 407) 858- 28280r via e- mail at admin@( tloridapa. org. FK/GF/ ve Enclosures FEMA- 1602- DR- FL -- and Hurricane Katrina  CITY COUNCIL MEETING October 11 , 2005 Consent Agenda Request to enter into an agreement with Gertrude and Frederick DeShon to establish invoicing and payment methodology for construction of fence around Circle Drive sediment basin Public Works Director) Council Action 1st 2nd Vote: Agenda Item Number: CA- 3  City of Fort Walton Beach, Florida Memorandum DATE: October 4, 2005 TO: Joyce Shanahan, City Manager FROM: Thomas Murray, Public Works Director SUBJECT: Circle Drive Sedimentation Basin Fencing Agreement Back2round: The City of Fort Walton Beach maintains a sedimentation basin located east of the Circle Drive cul- de- sac, which was constructed for the purpose of capturing sediments from a stormwater outfall before the stormwater flow enters the Cinco Bayou. The City' s obligation to construct and maintain the sedimentation basin dates back to 1979, as part of the City' s responsibility when it corrected a stormwater sedimentation problem. The City has received a grant from the Natural Resource Conservation Service (NRCS) for restoring the sedimentation basin and its components. The City' grant s match obligation is 25% of the construction cost, which is a match of approximately $ 28, 000. On August 23, 2005, the City Council accepted a Grant of Easement from Frederick A. and Gertrud E. De Shon, through which the De Shons incurred and the City relinquished certain the obligations, including perpetual responsibility to install and maintain fencing around sedimentation basin. Another element of the Grant of Easement was the consideration of $8, 000 that the City would pay the De Shons for the fence installation. Discussion: Recent discussions with the NRCS provided clarification that the $ 8, 000 the City will pay the De Shons for the fence installation may be used as part of the City' s NRCS grant match, provided the invoicingand payment for the fence is between