File #: 24-122    Version: 1 Name:
Type: Resolution Status: Passed
File created: 1/14/2024 In control: City Commission
On agenda: 2/6/2024 Final action: 2/6/2024
Title: RESOLUTION NO. 40-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A FEDERALLY-FUNDED SUB-AWARD AND GRANT AGREEMENT WITH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) TO OBTAIN FEDERAL AND STATE DISASTER RECOVERY FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Sponsors: Finance Department
Attachments: 1. Agenda Cover Report, 2. Hurricane Nicole Resolution DV edits, 3. Subaward Grant Legal Review, 4. HURRICANE NICOLE - FEMA AGREEMENT 1.11.24 Unsigned, 5. HURRICANE NICOLE - STATE OF EMERGENCY DECLARATION - 202-22 11-9-22

TO:                                          Mayor and Commissioners

FROM:                     Hugh B. Dunkley, Chief Financial Officer

THROUGH:                     Terrence R. Moore, ICMA-CM

DATE:                     February 6, 2024

 

Title

RESOLUTION NO. 40-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A FEDERALLY-FUNDED SUB-AWARD AND GRANT AGREEMENT WITH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) TO OBTAIN FEDERAL AND STATE DISASTER RECOVERY FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

 

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Recommended Action:

Recommendation

Motion approving Resolution No. 40-24 approving a Federally-Funded Subaward and Grant Agreement with Florida Division of Emergency Management.

 

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Background:

The Department of Homeland Security’s (DHS) Federal Emergency Management Agency’s (FEMA) Public Assistance program is a federal grant to aid state and local governments in returning a disaster area to pre-disaster conditions. Grants to local government for debris removal, emergency protective measures and repair or replacement of disaster-damaged facilities relating to Hurricane Nicole are eligible for reimbursement through FEMA. This resolution would approve the form of the agreement, including the updated exhibits, for pass-through funds from the DHS FEMA through the Florida Division of Emergency Management (FDEM).

 

FEMA and the State of Florida (State) share the responsibility for making Public Assistance funds available to the Sub-grantee/Sub-recipient; in this case - the City of Delray Beach (City). As defined by the Code of Regulations (C.F.R.) §200.93, Sub-Recipient means “a non-Federal entity that receives a sub-award from a pass-through entity to carry out part of a Federal program.” Funds that FEMA obligates to the State via electronic transfer, reside in the Federal Account until the State (the pass-through entity) is ready to award grants to the appropriate Sub-grantees/Sub-recipients.

 

The execution of the sub-recipient funding agreement authorizes the State of Florida to transfer federal funding to the City for eligible documented damages as a result of Hurricane Nicole.

 

This Subaward and Grant Agreement is the main agreement through which the City will be reimbursed for Hurricane Nicole expenditures.

 

The City’s Recovery Transition Meeting with FEMA and the State was held on July 18, 2023. The City’s Damage Inventory was submitted to FEMA on April 28, 2023. No payment request has been submitted as of this date.  There will be a total of one (1) project submitted. For most disaster declarations, the federal government usually covers 75% of the costs; the state covers 12.5% and the City is responsible for the remainder of the costs.

 

 

City Attorney Review:

Approved as to form and legal sufficiency. 

 

Funding Source/Financial Impact:

The funding source for Hurricane Nicole related expenditures was the City’s General Fund.  Through this agreement, the City intends to recoup and return the Nicole related monies to the General Fund.

 

 

Time Sensitive:

These agreements are needed to be able to receive federal and state funds awarded relating to Hurricane Nicole.