Fort Walton Beach Council agenda — 01-08-13--regular — reading text

typically provided on a cost -reimbursement basis subject to the scope of work identified in the project worksheets. 3. FINANCIAL INFORMATION: 3. 1. Staff has identified approximately $3, 650 in emergency protective measures undertaken to ensure security and reduce immediate threats to life, safety, or property related to Hurricane Isaac. 4. RECOMMENDATION: 4. 1. Staff respectfully requests City Council authorization for the Mayor to execute the Hurricane Isaac Federally Funded Public Assistance Agreement and designate authority to the Finance Director and City Manager to execute any Project Worksheet, Request for Advance or Reimbursement, or other necessary documentation related to the Agreement. ATTACHMENTS: DR -4084 PA Funding Agreement ( PDF) Packet Pg. 20  F- 82 City Council of Fort Walton Beach FINANCE MEMORANDUM To: Michael D. Beedie, City Manager From: Charlotte Dunworth, Budget and Grants Manager Date: January 8, 2013 Subject: Acceptance of Public Assistance Agreement ( Consent Agenda) SIGNATURE BLOCK: Charlotte Dunworth Con tpleted 12/ 19/ 2012 11: 59 AM Finance Completed 12/ 21/ 2012 8: 46 AM City Attorney Completed 01/ 03/ 2013 10: 45 AM Carole Jones Completed 01 / 03/ 2013 11: 54 AM City Manager Completed 01/ 03/ 2013 12: 31 PM City Council Pending Packe4Pp: 21  8.2.a Contract Number: Subgranlee: FIPS Number: Hurricane Isaac (FEMA -4084- DR -FL) Federally Funded Public Assistance Agreement THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida ( hereafter referred to as the ' Grantee "), and hereafter referred to as the " Subgranlee). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS AND CONDITIONS: A. On October 18, 2012, President Barack H. Obama issued a major disaster declaration designated FEMA -4084 -DR -FL for the State of Florida as a result of Hurricane Isaac. As amended, the declaration authorized Public Assistance In Bay, Collier, Escambia, Franklin, Gulf, Martin, Monroe, Okaloosa, Palm Beach, Saint Lucie and Santa Rosa Counties. B. The FEMA -State Agreement dated October 31, 2012, between the State of Florida and the m Federal Emergency Management Agency ( FEMA) governing the use of such funds requires the u State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and ¢ m THEREFORE, the Grantee and the Subgranlee agree to the following: N 1) DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. " Eligible activities" are those activities authorized in the FEMA -Stale Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended, 42 U. S. 0 §§ 5121 - 5207 ( Stafford Act); in accordance with 44 C FR § 206. 44; and applicable policies of FEMA. B. " FEMA -State Agreement" is the agreement dated October 31, 2012, between the FEMA and the State of Florida, for a pr esidential emergency declaration designated FEMA - 4084- DR -FL. As amended, the agreement authorized Public Assistance in Bay, Collier, Escambia, Franklin, Gulf, Martin, Monroe, Okaloosa, Palm Beach, Saint Lucie and Santa Rosa Counties. 1 PA Funding Agreement for FEMA-4084 -DR Packet Pg. 22  8. 2. a 2) APPLICABLE LAW. The parties agree to all the conditions, obligations, and duties imposed by the FEMA -State Agreement and all applicable State and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of Title 44 of the Code of Federal Regulations ( CFR) Part( s) 13 and 206, and the policies of the FEMA. The Subgrantee further agrees to comply with the Statement of Assurances attached hereto as Attachment " A." 3) FUNDING AND INSURANCE. Subject to an advancement of funds by Grantee to the Subgrantee, the Grantee shall otherwise provide funds on a cost reimbursement basis to the Subgrantee for eligible activities approved by the Grantee and FEMA, as specified in the approved Subgrantee Project Worksheets. However, the Grantee' s performance and obligation to pay under this Agreement is contingent upon an appropriation by the State Legislature, subject to any modification in accordance with Chapter 216, Florida Statutes or Florida Constitution, and disbursement shall be consistent with section 252. 37, Florida Statutes. The Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. The federal allowable costs shall be determined as per 44 CFR Part( s) 13 and 206, which shall be seventy -five ( 75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy -five percent of all eligible costs, unless a higher percentage is approved. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or FEMA that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, for damaged facilities and pursuant to 44 CFR § 206.253, the Subgrantee shall maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is the lesser. 4) DUPLICATION OF BENEFITS PROHIBITION. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Without delay, Subgrantee shall advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. All such duplicate benefits are " ineligible costs' which the Subgrantee shall reimburse to the Grantee without delay. The Subgrantee shall also reimburse the Grantee if the Subgrantee receives any duplicate benefits from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee. 2 PA Funding Agreement for FEMA -4084 -DR Packet Pg. 23  82. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement, the Subgrantee gives Grantee or the chief financial officer of the Florida Department of Financial Services the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and o wing to Subgrantee, or to use such remedies available at law or equity to the repayment of said sums to Grantee. 5) COMPLIANCE WITH ENVIRONMENTAL PLANNING AND PERMITTING LAWS. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. If applicable, the contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government comprehensive plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent, properly licensed engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. 6) REQUIRED DOCUMENTATION REVIEWS AND INSPECTIONS Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a f ormal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. For all projects, Subgrantee shall stale on the " Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. B.