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Agenda 06/11/2019 Item #16C12 (FGUA Payment & Hold Harmless Agreement)06/11/2019 EXECUTIVE SUMMARY Recommendation to approve a Payment and Hold Harmless Agreement between the Florida Government Utility Authority and the Collier County Water-Sewer District for Irma related disaster reimbursements received pursuant to the Federally Funded Subaward and Grant Agreement (Contract Number: Z0644) wth the Florida Department of Emergency Management. OBJECTIVE: To approve a Payment and Hold Harmless Agreement (Agreement) between the Florida Governmental Utility Authority (FGUA) and the Collier County Water-Sewer District (CCWSD) for Irma disaster reimbursements received by FGUA and transmitted to the CCWSD related to hurricane damages to the Golden Gate Utility System (System). CONSIDERATIONS: On November 14, 2017, the Board of County Commissioners (Board), agenda item 9B, approved Resolution 2017-222 finding that acquisition of the System was in the public interest pursuant to the Transition Agreement. The Board approved Resolution 2018-28 on February 27, 2018, agenda item 16C6, authorizing the closing of the acquisition of the System owned by FGUA. The acquisition was completed on March 1, 2018. Prior to the acquisition date, Hurricane Irma caused damage to the System while FGUA was the System owner. FGUA, as the applicant, entered into the Federally-Funded Subaward and Grant Agreement, Contract Number: Z0644 with the Florida Division of Emergency Management (FDEM). The transition agreement transferred and assigned, and the CCWSD accepted, ownership and responsibilities pursuant to all claims, including insurance and other weather-related claims existing on the date of the transfer. FGUA submitted $230,164.67 in eligible disaster related costs relating to the System and has received $7,354.37 in reimbursements to date out of $8,404.98 for FEMA Project Number 19311. FGUA intends to begin the process of reimbursements to the CCWSD upon receipt of the signed Agreement. If at any time it is determined that any or all of the Irma disaster cost reimbursements were incorrect or unauthorized by the State of Florida, FDEM, FEMA or the Office of the Inspector General, the CCWSD shall refund those amounts requested on FGUA’s behalf. FISCAL IMPACT: There is no fiscal impact associated with approval of the agreement. Once the agreement is approved by the Board and signed by the Chair, FGUA will begin the process of transferring disaster related reimbursements to the Water-Sewer District Operating Fund (408). A summary of requested reimbursements and amounts received to date is attached. An additional $221,759.69 in claims are still pending. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: That the Board, Ex-officio the Governing Board of the Collier County Water- Sewer District, approve the attached Payment and Hold Harmless Agreement for Irma related disaster reimbursements received by FGUA. Prepared By: Joseph Bellone, Financial Operations Support Division Director, Public Utilities Department 16.C.12 Packet Pg. 1360 06/11/2019 ATTACHMENT(S) 1. FGUA Hold Harmless Agreement (PDF) 2. Summary of Projects and Cost Summary All Projects (PDF) 16.C.12 Packet Pg. 1361 06/11/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.12 Doc ID: 8874 Item Summary: Recommendation to approve a Payment and Hold Harmless Agreement between the Florida Government Utility Authority and the Collier County Water-Sewer District for Irma related disaster reimbursements received pursuant to the Federally Funded Subaward and Grant Agreement (Contract Number: Z0644) with the Florida Department of Emergency Management. Meeting Date: 06/11/2019 Prepared by: Title: Division Director - Operations Support – Public Utilities Operations Support Name: Joseph Bellone 05/06/2019 1:45 PM Submitted by: Title: Division Director - Operations Support – Public Utilities Operations Support Name: Joseph Bellone 05/06/2019 1:45 PM Approved By: Review: Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 05/07/2019 10:59 AM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 05/10/2019 3:49 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/10/2019 11:52 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/10/2019 3:46 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/13/2019 2:05 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/15/2019 1:12 PM Budget and Management Office Ed Finn Additional Reviewer Completed 05/17/2019 12:19 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/03/2019 2:07 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/11/2019 9:00 AM 16.C.12 Packet Pg. 1362 16.C.12.a Packet Pg. 1363 Attachment: FGUA Hold Harmless Agreement (8874 : FGUA Payment and Hold Harmless Agreement) 16.C.12.a Packet Pg. 1364 Attachment: FGUA Hold Harmless Agreement (8874 : FGUA Payment and Hold Harmless Agreement) 16.C.12.a Packet Pg. 1365 Attachment: FGUA Hold Harmless Agreement (8874 : FGUA Payment and Hold Harmless Agreement) 16.C.12.a Packet Pg. 1366 Attachment: FGUA Hold Harmless Agreement (8874 : FGUA Payment and Hold Harmless Agreement) 16.C.12.a Packet Pg. 1367 Attachment: FGUA Hold Harmless Agreement (8874 : FGUA Payment and Hold Harmless Agreement) 16.C.12.a Packet Pg. 1368 Attachment: FGUA Hold Harmless Agreement (8874 : FGUA Payment and Hold Harmless Agreement) FEMA PROJECT #Description Invoice Number Invoice Date Cost Date Payment Received FEMA Payment # (Federal @ 75%)Amount $FEMA Payment # (State @ 12.5%)Amount $ FGUA Golden Gate System - Buildings and Equipment (CAT E) - WTP Perimeter Fence, Well Cage Fencing and Gate Repairs, USW JOB 2570-265f 7332 1/31/2018 $ 8,432.08 FGUA Golden Gate System - Buildings and Equipment (CAT E) - WWTP Office Building Soffit & Fascia Repairs, USW JOB 2570-265h 7333 1/31/2018 $ 6,489.94 $ 14,922.02 FEMA PROJECT #Description Invoice Number Invoice Date Cost Date Payment Received FEMA Payment # (Federal @ 75%)Amount $FEMA Payment # (State @ 12.5%)Amount $ FGUA Golden Gate System - WTP Area Lighting Repairs, USW JOB #2570-265g 7300 1/31/2018 $ 3,431.92 FGUA Golden Gate System - WWTP, Plant #1 Area Lighting Repairs, USW JOB #2570-265j 7339 2/15/2018 $ 11,855.78 FGUA Golden Gate System - WWTP, Plant #2 & DIW Area Lighting Repairs, USW JOB #2570-265k 7339 2/15/2018 $ 19,759.62 FGUA Golden Gate System - WWTP Sampler Electric Circuit Repairs, USW JOB #2570-265p 7299 1/31/2018 $ 10,076.26 $ 45,123.58 FEMA PROJECT #Description Invoice Number Invoice Date Cost Date Payment Received FEMA Payment # (Federal @ 75%)Amount $FEMA Payment # (State @ 12.5%)Amount $ FGUA Golden Gate System - LS #2 Antena Pole Damage 2570-264I $ 237.58 2/25/2019 0794781 $ 178.19 0749775 $ 29.70 FGUA Golden Gate System - LS #27 Level Control Repairs 2570-264n $ 7,412.08 2/25/2019 0794781 $ 5,559.06 0749775 $ 926.51 FGUA Golden Gate System - LS #4 Electrical Service Repairs 2570-264m $ 755.32 2/25/2019 0794781 $ 566.49 0749775 $ 94.42 $ 8,404.98 $ 6,303.74 $ 1,050.63 FEMA PROJECT #Description Invoice Number Invoice Date Cost Date Payment Received FEMA Payment # (Federal @ 75%)Amount $FEMA Payment # (State @ 12.5%)Amount $ 32704 FGUA GOLDEN GATE SYSTEM - UTILITIES (CAT F)7299 1/31/2018 $ 9,956.63 $ 9,956.63 FEMA PROJECT #Description Invoice Number Invoice Date Cost Date Payment Received FEMA Payment # (Federal @ 75%)Amount $FEMA Payment # (State @ 12.5%)Amount $ 32707 FGUA Golden Gate System - Buildings and Equipment (CAT E)7300 1/31/2018 $ 2,837.24 $ 2,837.24 FEMA PROJECT #Description Invoice Number Invoice Date Cost Date Payment Received FEMA Payment # (Federal @ 75%)Amount $FEMA Payment # (State @ 12.5%)Amount $ FGUA GOLDEN GATE SYSTEM - EMERGENCY PROTECTIVE MEASURES (CAT B)7298 1/31/2018 $ 136,141.59 FGUA GOLDEN GATE SYSTEM - EMERGENCY PROTECTIVE MEASURES (CAT B) -Job #2570-265e - Back up generator rental. 7298 1/31/2018 $ 12,778.63 $ 148,920.22 230,164.67$ 6,303.74$ 1,050.63$ Summary of Projects and Costs Submitted to FEMA for Reimbursement Consideration - Golden Gate System 32676 7299 1/31/2018 22307 26494 19311 16.C.12.b Packet Pg. 1369 Attachment: Summary of Projects and Cost Summary All Projects (8874 : FGUA Payment and Hold