Item C42
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:_ 5/16
Division: Engineering
Bulk Item: Yes
No
Department:
Staff Contact Person:
Dave Koppel
AGENDA ITEM WORDING: Approval to enter into an agreement with FDOT for funding for
emergency relief for expenses incurred as a result of Hurricanes Katrina, Rita and Wilma.
ITEM BACKGROUND: The Federal Highway Administration has authorized funds for
emergency relief for expenses due to hurricanes, including debris removal, storm sewer desilting,
traffic signal repair and road wash out repair expenses.
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval as stated above
TOTAL COST:$ 5,886,000
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
FOOT grant
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty. ~
DIVISION DIRECTOR APPROVAL:
Risk Management _X _
David S. Koppel, P.E., County Engineer
DOCUMENTATION:
Included
X
Not Required ~
DISPOSITION:
AGENDA ITEM
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FOOT Contract # -
Effective Date:
Expiration Date: June 30, 2007
Contract Purpose/Description:
Federal Highway Administration has authorized funds for emergency relief for expenses
incurred as a result of Hurricanes Katrina, Rita and Wilma. including debris removal, storm
sewer desilting, traffic signal repair and road wash out repair expenses.
Contract Manager: Dave Koppel, P.E. 4427 Engineering #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 5/1 7/06 Agenda Deadline: 5/2/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 5,886,000
Budgeted? YesD No D Account Codes:
Grant: $ 5, 8~" , co C)
County Match: $ ~
Current Year Portion: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Needed
YesD No@/
Date Out
Risk Management
O.~B./purchaSing
Count~ Attorney
YesD Nog.
Form Revised 2/27/0 I Mer 112
(1) Federal Highway Administration (FHW A)
Dave:
I have signed this contract, but need to point out to you that it is imperative that
someone in your department keep very close track of the bills that are paid to repair
the Federal Highways from road washouts, debris removal, eEl services, roadway
storm desilting/debris removal from storm drains and Traffic sign repair and
replacement.
You must ensure that there is no double billing occurs, as there is reimbursement
under this contract as well as our FEMA disaster contract. FEMA does not get
involved with anything to do with Federal Highway Grants as per above. Any
double billing from FEMA for this work will be de-obligated. The County will be
required to return the funding from the duplicated Grant.
Salvatore Zappull
Division Director
Budget and Finance
Contract
Catalog of Federal Domestic Assistance No:
Date of
ST ArE 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 S 125; and
WHEREAS, FHW A has, as a result of Hurricanes Katrina, Rita and Wilma, authorized funding
to be provided to the State of Florida, Oepartment of Transportation, herein 'FOOT', for relief
from the damage inflicted by said storms; and
WHEREAS, this Emergency Relief Program Agreement provides for emergency relief; and
WHEREAS, Monroe County, herein 'LOCAL GOVERNMENT', has incurred certain costs and
expenses as a direct result of Hurricanes Katrina, Rita and Wilma, and as defined on the attached
Oetailed Damage Inspection Reports, herein 'ODIRs'; and
Katrina
Katrina
Rita
Rita
Wilma
Wilma
Wilma
Wilma
Wilma
Wilma
419738-1-02-02
419738-1-62-05
419885-1- 02-03
419885-1-62-03
420038-1-02-04
420038-1-62-03
420038-1-02-05
420038-1-E2-02
421 072-4-G8-0 1
421072-4-68-0 I
KA90-005
KA90-005
RI90-009
R190-009
WI90-006
WI90-006
WI90-008
W190-009
WI90-0 10
WI90-0 10
$360,000.0
$70,000.0
$300,000.00
$50,000.00
$2,500,000.00
$400,000.00
$1,300,000.00
$15,000.00
$810,000.00
$81,000.00
TOTAL MAXIMUM LIMITING AMOUNT $5,886,000.00
NOW THEREFORE,
The parties agree as follows:
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;
Page] of5
Enlclgen()' Relie/1J!"o,grml! /Igrecrnenl helH'een the F'Iorida f)epartnlcnl of Transporlathm and it!ollro(' COUll!Y
I. The FDOT enters into this Agreement as the administrator of FHW A Emergeney Relief
Program funds with the administration of funds being subject to the terms and conditions of 23
USC S 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'.
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, whieh may be obtained at
http://www.fhwa.dot.gov/reports/erm/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 FOOT for said
purposes. In the event the funding provided to FOOT 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 wiII 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 FIVE MILLION EIGHT HUNDRED EIGHTY-SIX THOUSAND DOLLARS
($5,886,000.00) 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 FOOT should be aware of the following
time frames. Upon receipt of an invoice, FOOT has twenty (20) working days to inspect and
approve the goods and services. The FOOT 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.
Page 2 of5
F'rner,gen(v Relh:/IJrograf}l ./I,grc'clJlent he/ll'ccn the Florida Department q{I'ransporfal;cHl and /\4onro{' ('olln/)'
10. Recipients of federal funds awarded by FOOT to LOCAL GOVERNMENT are subject to
audits as defined in OMB Circular A-l33, as revised. The circular may be obtained at
http://www.whitehouse.gov/omb/circulars/aI33/aI33.html.
II. Records of costs incurred under the terms of this Agreement shall be maintained and
made available upon request to FOOT 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
furnished to FOOT 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 FOOT 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 FOOT.
12. The FOOT may unilaterally canccl 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 conj unction 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. I 35(6)(a), Florida Statutes, are hereby incorporated as follows:
"The FOOT, 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 FOOT shall require a
statement from the Comptroller of the FOOT 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 FOOT 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
The services provided under this
Agreement involve funding from FHW A and the provisions indicated on form FHW A -1273
apply.
15. After this Agreement is fully executed by both parties, all invoices for reimbursement are
to be mailed to:
Florida Department of TranspOliation
Attn: Kenneth Robertson, lP A Coordinator
Page 3 of 5
Enzer,gen(v Relh/Progranl Agn>(.'mi>n! het\veen rhe Florida Deparfrnenl o(I1.ollsporfafio!1 and Alollroc' ('OUll/}'
1000 NW II] Ave, Rm. 6137
Miami, Florida 33172
Phone: (305) 470-5452
kenneth ,ro bertson((ll,dot. state. n. us
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 FOOT no later than 120
days after Agreement expiration, preferably sooner. Invoices received after this date will not be
paid.
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement
this
day of
day of
, 2006, and the FDOT has executed this Agreement
,2006.
this
MONROE COUNTY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
Name:
Name: John Martinez, P.E.
Title: District Six Secretary
Title:
Attest:
Attest:
County Clerk (SEAL)
Executive Secretary (SEAL)
Legal Review:
District Six General Counsel
Authorization Received From the Comptroller's
Office as to Availability of Funds:
Pagc4of5
Emogene)' Relie(Pmgl'i/m Agreemell/ be/weell Ibe Florida Depar/melll O(Jl-illlspor/alioll alld l'vIollroe COIIII/)'
EXHIBIT 'A'
Detailed Damage Inspection Reports
Attached hereto and incorporated herein by reference:
DDIR #KA90-005
Monroe County - various locations on Federal-aid routes
Debris removal and CEl services from Hurricane Katrina, DRC contract, RW Beck
Contact Person: Dave Koppel
DDIR #RI90-009
Monroe County - various locations on Federal-aid routes
Debris removal and CEI services from Hurricane Rita, DRC contract, RW Beck
Contact Person: Dave Koppel
DDIR #WI90-006
Monroe County - various locations on Federal-aid routes
Debris removal and CEI services from Hurricane Wilma, DRC contract, RW Beck
Contact Person: Dave Koppel
DDIR #WI90-008
Monroe County - various locations on Federal-aid routes
Roadway storm sewer desilting, debris removal from Hurricane Wilma, contract
Contact Person: Dave Koppel
DDIR #WI90-009
Monroe County - various locations on Federal-aid routes
Traffic sign repair and replacement from Hurricane Wilma
Contact Person: Dave Koppel
DDIR #WI90-010
Monroe County ~ SR 4A, CR 94 I
Roadway washouts from Hurricane Wilma, contract
Contact Person: Dave Koppel
Page S ofS
Ernergen(v Relie(Progranl ..4grectllcn! he/tl'cen the F/orhla Deportrnenr (~rJl'(/n:'lp()rfafion (lll(!lHonroe ('mill!)'
Federal.aid
Method
Cost Estimate
I
I
I
Quantity
~ Report Number
. h IIt:::'M Ml'...." -- IIVN : I
I! '\0 ...... V ... -. -
I.--
or FedE!ral~aid .....L_~_ of _~.....
."" .,
Locallol'l (Name of Road "flV FHWA Disaster Number
k /\.. .t.1 .... t,;'''l () g;; <:jt,.\
"'....,
,~> ',; kJ '1 Date
\' ~
of Damage Federaj.aid Route Number
. r; e:; ~;>\ <.;, """':;;' I d\ <:.f':>+71 j
"I".
r-I..I,! ~~!C. r f'"'' 1\ A t t:cr /"\! State County
, ~". $(;'; I!, f''''f %<"'1
",,'.. ...""
Cost -
, worK to Date ."-.".,,i~:~( Cost
Labor" ana
"rJ"~ I) iCy l<; f;:::C ,.1"4 iCY V I'tL 'i) Ii; ("" f (..is .~" '?l t:>O, Ot? 0
<:;'''\ ..".,l?, " /" if.... <!< .Z. ff;) f~J:; Ii f;::'~~~~i i \ oOf)
"~
ti
~
,
Method Subtotal .~" ""2,5 () (jt\/")
Local Forces Forces ,,-~~..<. PEJCE
L.::1 Contmct
R
~
~
~
C
<l.l
C
~.
C
W
CL
Method Subtotal
PEtC!:
h , .n.....
'",," "J
Repair 10181$
,,7'. Tolal.~
":i
.,,~
...... rf """" ''')
. v' Eligible 1/'$1$ ~
(.... Date
_<i'< 111,/:::;,
"+ . .~ I Date
I II'/S"''''O
Federal-aid
Cost Estimate
Unit Unit
Method
No
FHWA
Federal-aid
Cost Estimate
Unit
Unit
Quantity
'-
m
Q.
(\.1
0:::
Method
No
Method
Federal-aid
Cost Estimate
Unit
Contract
No
Subtotal
Repair T alaI
Federal-aid
Milepost)
Cost Estimate
of Work
Labor, and Materials)
Unit
Unit
Method
No
OK~~ErY ~~~~~~E
(305) 294~4641
Monroe County
Board of County Commissioners
Engineering Office - Wastewater Department
The Historic Gato Cigar Factory
1100 Simonton Street, Suitc 2-216
Key West, FL 33040
(305) 292-4426 - Phone
(305) 292-4321- Fax
BOARD OF COUNTY
COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem Murray E. Neison, District 5
Dixie M. Spehar, District 1
George Neugent, District 2
David P. Rice, District 4
O,~~>rY ~o~~~~E
(305) 2944641
Monroe County
Board of County Commissioners
Engin~ering Office. Wastewater Department
rhe Ihstone Gato Cigar Factory
1100 Simonton Street, Suite 2-216
Key West, FL" 33040
(305) 292-4426 Phone
(305) 292-4321 Fax
BOARD OF COUNTY
COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Murray E. Nelson District 5
Dixie M. Spehar, District 1 '
George Neugent, District 2
David P. Rice, District 4