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Home My Public Portal About2005 Emergency Relief Program Agreement.tifFlorida Department of Transportation JEB BUSH GOVERNOR June 9, 2005 Ms. Ana de Varona Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Horida 33149 District Six - Legal Office 1000 NW 1 11th Ave., Rm. 6135 • Miami, Florida 33172 Tel: (305) 470-5435 • (305) 470-5552 JOSE ABREU SECRETARY Re: Hurricane Frances FHWA Emergency Relief Program Agreement and Invoicing Guidelines, Contract Number ANZ29; Financial Project Number 417518-6-78-01 Dear Ms. Varona: Enclosed for the Village of Key Biscayne's (Village's) records is an original Emergency Relief Program Agreement (Agreement) for the referenced project. This Agreement has been executed by the Florida Department of Transportation (Department). The Village may now invoice the Department for reimbursement under the FHWA Emergency Relief Program. Invoices for debris removal must be accompanied by supporting documentation, such as: man hours, overtime hours, tipping fees, equipment usage, maps of eligible federal -aid highways cleared of debris, photos of damage, cost summary, etc. Invoices in excess of your authorized DDIR estimate will be rejected by the Department and forwarded to FHWA for review. Please forward all invoices to: Florida Department of Transportation Attn: Kenneth Robertson, JPA Coordinator 1000 NW 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, Kenneth Robertson Joint Project Agreement Coordinator encl.: Emergency Relief Program Joint Project Agreement cc: Jeannie Cann, FDOT District Emergency Coordinating Officer Ron Steiner, FDOT District Maintenance Engineer www.dot.state.fl.us ® RECYCLED PAPER Contract No.: 4Nz ;2 I Catalog of Federal Domestic Assistance No: 20.205 Date of Execution: c/ct 6;-e G/ ;Z STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EMERGENCY RELIEF PROGRAM AGREEMENT WHEREAS, the Federal Highway Administration, herein `FHWA', has established an Emergency Relief Program codified at 23 USC §125; and WHEREAS, FHWA has, as a result of Hurricane Frances, authorized funding to be provided to the State of Florida, Department of Transportation, herein `FDOT', for relief from the damage inflicted by said storm; and WHEREAS, this Emergency Relief Program Agreement provides for emergency relief; and WHEREAS, the Village of Key Biscayne, herein `LOCAL GOVERNMENT', has incurred certain costs and expenses as a direct result of Hurricane Frances and as defined on the attached Detailed Damage Inspection Report, herein `DDIR'; and H Financial Project Number Frances 417518-6-78-01 cQ 041/310 FR87-005 4 iDtl TOTAL LUMP SUM AMOUNT $30,000.00 $30,000.00 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 FHWA; NOW THEREFORE, The parties agree as follows: 1. The FDOT enters into this Agreement as the administrator of FHWA 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 FHWA. 2. The LOCAL GOVERNMENT has been authorized by FHWA 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 FHWA are described in the attached DDIR, incorporated herein as Exhibit 'A'. Page 1 of 5 Emergency Relief Program Agreement between the Florida Department of Transportation and the Village of Key Biscayne, Financial Project Number: 417518-6-78-01 3. 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 FHWA 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. 4. 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. 5. The FDOT agrees to reimburse LOCAL GOVERNMENT in a Lump Sum Amount of THIRTY THOUSAND DOLLARS ($30,000.00) for actual direct costs. No reimbursement will be made for travel. 6. 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. 7. 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. 8. 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. 9. Recipients of federal funds awarded by FDOT to LOCAL GOVERNMENT are subject to audits as defined in OMB Circular A-133, as revised. The circular may be obtained at http://www.whitehouse.gov/omb/circulars/a133/a133.html. 10. 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 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. Page 2 of 5 Emergency Relief Program Agreement between the Florida Department of Transportation and the village of Key Biscayne, Financial Project Number: 417518-6-78-01 11. The 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. 12. 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." 13. 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 http://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. 14. 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, JPA Coordinator 1000 NW 111 Ave, Rm. 6137 Miami, Florida 33172 Phone: (305) 470-5452 kenneth.robertson@dot. state. fl.us Page 3 of 5 Emergency Relief Program Agreement between the Florida Department of Transportation and the Village of Key Biscayne, Financial Project Number: 417518-6-78-01 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this / '"1` day of A -I a , 2005, and the FDOT has executed this Agreement this 6 4- day of vi !r' h e_ , 2005. VILLA OF KEY BISCAYNE B R , Hc.v,evs.dez, Title: V 1 a ekc.3 e ,r — Village Clerk (SEAL) Approved as to Form Legality and Execution: LOCAL GOVE Authorization Received From the Comptroller's Office as to Availability of Funds: STATE OF FLORIDA DEPARTM NT TRANSPORTATION ame: Jo Martinez P.E. Title: District Six Secretary Attest: ve Secretary (SEAL) Legal Review: District Six General Counsel ay iV, I Z,y1 Page 4 of 5 Emergency Relief Program Agreement between the Florida Department of Transportation and the Village of Key Biscayne, Financial Project Number: 417518-6-78-01 EXHIBIT 'A' Detailed Damage Inspection Report Attached hereto and incorporated herein by reference: DDIR #FR87-005 Key Biscayne various Federal -aid routes Hurricane Frances Debris Removal Contact Person: Maite Miyares Page 5 of 5 Emergency Relief Program Agreement between the Florida Department of Transportation and the Village of Key Biscayne, Financial Project Number: 417518-6-78-01 0 U S. Department of Transportation Federal Highway Administration Location (Name of Road and Milepost) Key Biscayne various Federal -aid routes Description of Damage Hurricane Frances Debris Removal Contact Person: Maite Miyares 03 O. m c b. qrn E W 0 0 0 cc 0 c to N a Description of Work to Date (Equipment, Labor, and Materials) Debris Removal (Force Account) Method Method DETAILED DAMAGE INSPECTION REPORT (Title 23, Federal -aid Highways) Cost Estimate Unit Unit Price Quantity ,/ Local Forces d Local Forces State Forces Contract State Forces Contract Environmental Assessment Recommendation ./ Categorical Exclusion Recommendation Concurrence Concurrence Yes No Form FHWA-1547 (Rev. 4-98) / Eligible Ineligible A/ces No EA/EIS Report Number FR87-005 Sheet of 1 FHWA Disaster Number FR -04-02 Inspection Date 10-25-2004 Federal -aid Route Number n/a State County FL Miami -Dade Cost Completed Remaining $30,000.00 Subtotal $30 , 0 0 0. 00 PENCE Emergency Repair Total Subtotal PENCE Right -of -Way Perm. Repair Totals Estimated Total $30,000.00 $30,000.00 Date 1--!.-4S Date / — 2 -t? -a'. Date 1 - cal 05 VILLAGE OF KEY BISCAYNE Department of Finance and Administrative Services Village Council Robert oldakowski, Mayor Robert L. Vernon, Vke Mayor Enrique Garcia Steve Liedman Jorge E. Mendia Thomas Thornton Patricia Weinman Kenneth Robertson Joint Project Agreement Coordinator Florida Department of Transportation 1000 NW 111 Avenue, Room 6137 Miami, Florida 33172 Dear Mr. Robertson: June 13, 2005 Thank you for returning an executed copy of the Hurricane Frances FHWA Emergency Relief Program Agreement for our files. We are enclosing our invoice for $30,000.00 together with copies of supporting debris removal. If you have any questions, please do not hesitate to contact us. cpg enclosures Carolyn P. Greaves Deputy Finance Director 88 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-8904 • Fax (305) 365-8936 MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." www. keybiscayne. fl.gov Invoice Invoice Number: Frances - 01 Date: June 13, 2005 VILLAGE OF KEY BISCAYNE 88 WEST McINTYRE STREET KEY BISCAYNE, FL 33149 (305) 365-8904 Fax: (305) 365-8936 To: FLORIDA DEPARTMENT OF TRANSPORTATION Attn: Kenneth Robertson, JPA Coordinator 1000 NW 111 Avenue, Rm. 6137 Miami, Florida 33172 Re: Hurricane Frances FHWA Emergency Relief Program Agreement Debris Removal Hurricane Financial Project Number DDIR Number Date Work Began Date Work Completed Amount Billed Frances 417518-6-78-01 FR87-005 09/14/2004 09/17/2004 $ 30,000.00 TOTAL DUE $ 30,000.00