R16-170 •
1 RESOLUTION NO. R16-170
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE
6 CITY MANAGER TO SIGN A DISASTER RELIEF
7 FUNDING AGREEMENT FOR FEDERAL AND STATE
8 ASSISTANCE FOR HURRICANE MATTHEW
9 BETWEEN THE CITY OF BOYNTON BEACH AND
10 STATE OF FLORIDA, DIVISION OF EMERGENCY
11 MANAGEMENT; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14
15 WHEREAS, FEMA's Public Assistance program is a federal grant to aid state and
16 local governments in returning a disaster area to pre-disaster conditions; and
17
18 WHEREAS, to be eligible to receive disaster relief funding through the Federal
19 Emergency Management Agency, (FEMA), the agreement must be executed with the State of
20 Florida since all federal disaster relief funding is actually distributed to the State and then
21 passed down on to local municipalities who qualify; and
22
23 WHEREAS, upon recommendation of staff, the City Commission has determined
24 that it is in the best interests of the residents of the City to execute a Disaster Relief Funding
25 Agreement between the City of Boynton Beach and the State of Florida, Division of
26 Emergency Management for assistance with Hurricane Matthew.
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption
33 hereof.
34
35 Section 2. The City Commission of the City of Boynton Beach, Florida does
36 hereby approve and authorize the execution by the Mayor and City Clerk of a Disaster Relief
37 Funding Agreement for Federal and State assistance for Hurricane Matthew, a copy of which
38 is attached hereto as Exhibit"A".
39
40 Section 3. This Resolution shall become effective immediately upon passage.
41
42
43
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1 PASSED AND ADOPTED this J''A-'day of , 2016.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5 YES NO
6
7 Mayor— Steven B. Grant
8
9 Vice Mayor—Mack McCray
10
11 Commissioner—Justin Katz r�
12
13 Commissioner—Christina L. Romelus
14
15 Commissioner—Joe Casello
16
17 5-0
18 VOTE
19
20 ATTEST:
21
23 ,
24 Jude A. Pyle, CMC
25 City Clerk r .9<
9
26 ^
27
a
28 AlMeyt •ate
29 (Corporate Seal)
30
31
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
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\ cam® Cl
Contract Number: 17-PA-U5-10-60-01-006
Subgrantee/Subrecipient: Boynton Beach, City of
FIPS/PAID Number: 099-07975-00
HURRICANE MATTHEW DISASTER DECLARATION
(FEMA-4283-DR-FL)
Federally Funded Public Assistance State Agreement
THIS AGREEMENT is entered Into by the State of Florida, Division of Emergency
Management,whose headquarters is in Tallahassee, Leon County, Florida(hereafter referred to
as the"Grantee/Recipient"), and:
(hereinafter referred to as the"Subgrantee/Subrecipient").
WHEREAS,
On October 8, 2016, President Barack H. Obama issued a Major Disaster Declaration
designated FEMA-4283-DR-FL for the State of Florida as a result of Hurricane Matthew;
and
WHEREAS,
The Declaration, as amended, authorizes Public Assistance funding for eligible disaster
recovery efforts in Bradford, Brevard, Clay, Duval, Flagler, Indian River, Lake, Martin,
Nassau, Palm Beach, Putnam, Seminole, St. Johns, St. Lucie,and Volusia Counties.
WHEREAS,
The FEMA-State Agreement executed October 12, 2016, and subsequently amended,
between the State of Florida and the Federal Emergency Management Agency (FEMA)
governing the use of such funds requires the State to share the costs eligible for federal
financial assistance, and the State has undertaken to share those costs, as appropriated,
with its Subgrantees/Subrecipients; and
WHEREAS,
The Subgrantee/Subrecipient is located in the affected area and appears to have suffered
eligible damage; now
THEREFORE,the Grantee/Recipient and the Subgrantee/Subrecipient,as evidenced by the
execution of this document by affixing the signatures of the parties' authorized
representatives below, agree to the following:
1) DEFINITIONS.
a. As used in this Agreement,the following terms have the following meanings unless
another meaning is specified elsewhere:
i. Agreement Sum: is the Grantee's/Recipient's amount of reimbursement
to the Subgrantee/Subrecipient for its verified expenses, subject to the
scope of work identified in the Project Worksheet for Small and/or Large
Projects.
ii. Eligible activities: are those activities authorized in the FEMA-State
Agreement(located in FloridaPA.org on the main Disaster Summary Page
PA Funding Agreement FEMA-4283-DR-FL page 1 of 23
under "documents"), 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.F.R.; 2 C.F.R.; and
applicable policies of both the State of Florida and FEMA.
iii. FEMA- State Agreement: is the agreement executed October 12, 2016,
and amended from time to time, between the FEMA and the State of
Florida, for a presidential major disaster declaration designated FEMA-
4283-DR-FL.
iv. Large Project Threshold: When the approved estimate of eligible costs
for an individual project under this major disaster is $123,10000 or greater,
it is a Large Project.
v. P.2. package: is the formal notification used for all versions of a Project
Worksheet with a change in the funding amount.
vi. Project Worksheet (Subgrant Application): is the primary form used to
document the location, damage description and dimensions, scope of
work, Special Considerations, and cost estimates for each small or large
project. It is the basis for the grant.
vii. Reasonable: for purposes of access to records, Is construed according to
the circumstances, but ordinarily means during the normal business hours
of 8:00 a.m. to 5:00 p.m., local time, on any Monday through Friday that's
not a state or federal holiday.
viii. Zero (0) Dollar Notification Letter: is the notification for projects where
there are scope changes, improved or alternate projects, ineligible cost or
a zero(0) dollar variance closeout.
2) AGREEMENT TO BE BOUND.
a. The parties enter into this Agreement intending to be bound by same.
b. The parties specifically agree to comply with all conditions, obligations,and duties
Imposed by this Agreement, by the FEMA-State Agreement,and by all applicable
State and federal laws, regulations, and policies without limitation, including but
not limited to 44 C.F.R.; 2 C.F.R.; and applicable policies of both the State of
Florida and FEMA.The Subgrantee/Subrecipient further agrees to comply with the
Statement of Assurances attached hereto as Attachment "A" and incorporated
herein by reference.
3) FUNDING.
a. The federal share of the eligible costs specified in the Project Worksheets under
this Agreement is seventy-five percent (75%) of such costs, unless a higher
percentage is approved. The non-federal share is the remaining amount.
b. Payment of all or a specified portion of the nonfederal share of such costs is
contingent upon a potential future State appropriation defining the apportionment
of the nonfederal share.
c. The Subgrantee/Subrecipient acknowledges that the Grantee's/Recipient's
obligation to pay under this Agreement is contingent upon an appropriation by the
PA Funding Agreement FEMA-4283-DR-FL page 2 of 23
State Legislature, subject to any modification In accordance with Chapter 216,
Florida Statutes, or the Florida Constitution.
d. Disbursement must be consistent with section 252.37, Florida Statutes. Admin-
istrative costs in addition to the Project Worksheets that are otherwise eligible
under 44 C.F.R. Part 206.228 and do not require matching funds may also be
funded by FEMA.
e. Subject to an advance payment of funds by the Grantee/Recipient to the
Subgrantee/Subrecipient, the Grantee/Recipient will provide funds on a cost
reimbursement basis to the Subgrantee/Subrecipient for eligible activities
approved by the Grantee/Recipient and FEMA, as specified in the approved
Subgrantee/Subrecipient Project Worksheets.
f. The Grantee/Recipient may provide some portion of any nonfederal share for
some Subgrantees/Subrecipients.As a condition of receipt of the federal funding,
the Subgrantee/Subrecipient agrees to provide any nonfederal share not paid by
the Grantee/Recipient. The federal allowable costs must be determined as per
2 C.F.R. and 44 C.F.R. §§ 13 and 206. .
g. The approved Project Worksheets will be transmitted to the Subgrantee/
Subrecipient, and must state the cumulative funding allowed, the scope of the
eligible project, and the costs eligible under this Agreement.
h. Project Worksheets may obligate or deobligate funding,thereby amending the total
funding for the project.These actions will be denoted in the final version of the
obligated project worksheet for each project.
i. The approved Project Worksheets will document the total eligible costs and the
total federal share of those costs.
j. As a condition of funding under this Agreement, the Subgrantee/Subrecipient
agrees that the Grantee/Recipient may withhold funds otherwise payable to the
Subgrantee/Subrecipient from any disbursement to the Grantee/Recipient, by
FEMA or any other source, upon a determination by the Grantee/Recipient or
FEMA that funds exceeding the eligible costs have been disbursed to the
Subgrantee/Subrecipient pursuant to this Agreement or any other funding
agreement administered by the Grantee/Recipient.
k. The Subgrantee/Subrecipient understands and agrees that the Grantee/Recipient
may offset any funds due and payable to the Subgrantee/Subrecipient until the
debt to the State is satisfied. In such event, the Grantee/Recipient will notify the
Subgrantee/Subreclplent via the entry of notes In FloridaPA.org.
4) INSURANCE.
a. The Subgrantee/Subrecipient understands and agrees that disaster funding for
insurable facilities provided by FEMA is intended to supplement, not replace,
financial assistance from insurance coverage and/or other sources. Actual or
anticipated insurance proceeds must be deducted from all applicable FEMA Public
Assistance grants in order to avoid a duplication of benefits. The Subgrantee/
Subrecipient further understands and agrees that If Public Assistance funding is
obligated for work that is subsequently determined to be covered by insurance
and/or other sources of funding, FEMA must deobligate the funds per Stafford Act
Sections 101 (b)(4) and 312 (c).
PA Funding Agreement FEMA-4283-DR-FL page 3 of 23
b. As a condition of funding under this Agreement, pursuant to 44 C.F.R.§§206.252-
253,for damaged facilities, the Subgrantee/Subrecipient understands it must,and
it agrees to, 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 lesser. Except that the Grantee/Recipient acknowl-
edges FEMA does not require insurance to be obtained and maintained for
projects where the total eligible damage is less than $5,000 .
c. In addition to the preceding requirements, the Subgrantee/Subrecipient under-
stands it is required to obtain and maintain insurance on certain permanent work
projects in order to be eligible for Public Assistance funding in future disasters
pursuant to§311 of the Stafford Act.As stated in the Stafford Act,"Such coverage
must at a minimum be in the amount of the eligible project costs." Further, the
Stafford Act, requires a Subgrantee/Subrecipient to purchase and maintain
insurance, where that insurance is "reasonably available, adequate or necessary
to protect against future loss" to an insurable facility as a condition for receiving
disaster assistance funding. The Act further states"If the requirement to purchase
insurance is not met, FEMA will not provide assistance for damages sustained in
the current disaster." If the State Insurance Commissioner certifies that the type
and extent of insurance is not "reasonably available, adequate or necessary to
protect against future loss"to an insurable facility,the Regional Administrator may
modify or waive the requirement in conformity with the certification.
d. The Subgrantee/Subrecipient understands and agrees it is responsible for being
aware of, and complying with, all insurance considerations contained in the
Stafford Act and in 44 C.F.R. §§206.252-253.
e. The Subgrantee/Subrecipient agrees to notify the Grantee/Recipient in writing
within thirty(30) days of the date it becomes aware of any insurance coverage for
the damage identified on the applicable Project Worksheets and of any entitlement
to compensation or indemnification from such insurance. The Subgrantee/Sub-
recipient further agrees to provide all pertinent insurance information, including but
not limited to copies of all policies, declarations pages, insuring agreements,
conditions, exclusions, Statement of Loss, and Statement of Values for each
insured damaged facility.
f. The Subgrantee/Subrecipient understands and agrees that it is required to pursue
payment under its insurance policies to the best of its ability to maximize potential
coverage available.
5) DUPLICATION OF BENEFITS PROHIBITED.
a. The Subgrantee/Subrecipient understands it may not receive funding under this
Agreement to pay for damage covered by insurance, nor may the Subgrantee/
Subrecipient receive any other duplicate benefits from any source whatsoever.
b. The Subgrantee/Subrecipient agrees to reimburse. the Grantee/Recipient if it
receives any duplicate benefits,from any source,for any damage identified on the
applicable Project Worksheets, for which the Subgrantee/Subrecipient has
received payment from the Grantee/Recipient.
c. The Subgrantee/Subrecipient agrees to notify the Grantee/Recipient in writing
within thirty(30) days of the date it becomes aware of the possible availability of,
PA Funding Agreement FEMA-4283-DR-FL page 4 of 23
applies for,or receives funds,regardless of the source,which could reasonably be
considered as duplicate benefits.
d. In the event the Grantee/Recipient determines the Subgrantee/Subrecipient has
received duplicate benefits, the Subgrantee/Subrecipient gives the Grantee/
Recipient and/or the Chief Financial Officer of the State of Florida, the express
authority to offset the amount of any such duplicate benefits by withholding them
from any other funds otherwise due and payable to the Subgrantee/Subrecipient,
and to use such remedies as may be available administratively,at law,or at equity,
to recover such benefits.
6) COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS.
a. The Subgrantee/Subrecipient is responsible for the implementation and
completion of the approved projects described in the Project Worksheets in a
manner acceptable to Grantee/Recipient,and in accordance with applicable Local,
State, and Federal legal requirements.
b. If applicable, the contract documents for any project undertaken by the Sub-
grantee/Subrecipient, and any land use permitted by or engaged in by the Sub-
grantee/Subrecipient, must be consistent with the local government comp-
rehensive plan.
c. The Subgrantee/Subrecipient must ensure that any development or development
order complies with all applicable planning, permitting, and building requirements
including,but not limited to,the National Environmental Policy Act and the National
Historic Preservation Act.
d. The Subgrantee/Subrecipient must engage such competent, properly licensed,
engineering, environmental, archeological, 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.
7) DOCUMENTATION AND INSPECTIONS.
a. The Subgrantee/Subreciplent must create and maintain documentation of work
performed and costs incurred on each project site identified in a Project Worksheet
sufficient to permit a formal audit comporting with ordinary,customary and prudent
public accounting requirements. If the Grantee/Recipient determines the
Subgrantee/Subrecipient has failed to create and maintain such documentation,
the Grantee/Recipient may, in its sole discretion, terminate further funding under
this Agreement. In such event the Subgrantee/Subrecipient must,within sixty(60)
days of receipt of Notice by the Grantee/Recipient, reimburse the Grantee/
Recipient for all payments disbursed to the Subgrantee/Subrecipient,together with
any and all accrued interest.
i. Failure of the Grantee/Recipient to terminate funding when a Subgrantee's/
Subrecipient's breach is discovered does not act as a waiver of the
Grantee's/Recipient's right to enforce this provision later, nor does failure
to enforce this provision in one instance act as a waiver to enforce this
provision in other instances.
b. For all projects, the Subgrantee/Subrecipient must state on the "Project Comp-
letion and Certification Report"that all work was performed in accordance with this
PA Funding Agreement FEMA-4283-DR-FL page 5 of 23
Agreement and the requirements in each Project Worksheet, and must state the
date of completion.
c. For Small Projects,the Subgrantee/Subrecipient must notify the State when work
is complete and must upload photographs clearly demonstrating completion of the
work to the Subgrantee/Subrecipient's FloridaPA.org account.
d. For Large Projects the Subgrantee/Subrecipient must submit a Request for Close-
out on FloridaPA.org, and include.
i. a Request for Reimbursement (if funds are owed to the Subgrantee/
Subrecipient);and
ii. a Summary of Documentation which is automatically created when the
request for closeout is submitted on FloridaPA.org.
e. To ensure that all work has been performed within the scope of work specified on
the Project Worksheets, the Grantee/Recipient will conduct final inspections on
Large Projects, and may, at its sole discretion, select one or more Small Projects
to be inspected. Costs determined to be outside of the approved scope of work
and/or outside of the approved performance period cannot be reimbursed.
f. Interim Inspections may be requested by the Subgrantee/Subrecipient, on both
small and large projects,to:
I. conduct insurance reconciliations;
ii. review an alternate scope of work;
iii. review an improved scope of work;and/or
iv. validate scope of work and/or cost.
g. Interim Inspections may be scheduled and submitted by the Grantee/Recipient as
a request in FloridaPA.org under the following conditions:
i. a quarterly report has not been updated between quarters;
il. the Subgrantee/Subrecipient is not submitting Requests for Reimburse-
ment(RFR's) in a timely manner;
iii. requests for a Time Extension have been made that exceed the Grantee's/
Recipient's authority to approve; and/or
Iv. there are issues or concerns identified by the Grantee/Recipient that may
impact funding under this agreement
h. The Subgrantee/Subrecipient must submit a request Large Project closeout in
FloridaPA.org no later than sixty(60)days after the project's completion.
i. The Grantee/Recipient will use its authority to submit a request for project
closeout if the Subgrantee/Subrecipient has identified the project to be
complete but has failed to submit the request for closeout.
8) PAYMENT.
a. The Grantee/Recipient agrees to disburse the eligible costs to the Subgrantee/
Subreclplent In accordance with the following procedures:
PA Funding Agreement FEMA-4283-DR-FL page 6 of 23
i, Funding for Small. Projects: Small project funding will be based on
estimated costs,only if actual costs are not yet available. Payment is made
on the basis of the Initial approved amount, whether estimated or actual.
Revisions to the initial Project Worksheet may be required if there are
omissions or changes in the scope of work. (Revisions to the Project
Worksheets may result in changes in funding level and/or category.)
Payment methods are fully described in FEMA's Public Assistance
Program and Policy Guide (January 2016). A request to increase cost on
small projects is only allowed under a request for a Net Small Project
Overrun. A Small Project Netting will require the inspection of all small
projects to ensure that both the scope of work was completed and that all
combined funds were expended.
1. The Grantee/Recipient agrees to disburse the federal and
nonfederal shares of the eligible costs for Small Projects to the
Subgrantee/Subrecipient as soon as practicable after execution of
this Agreement and formal notification by FEMA of its obligation of
the pertinent Small Project Worksheet.
ii. Funding for Large Projects: Although Large project funding must be
based on documented actual costs, most Large Projects are initially
approved based on estimated costs. Funds are made available to the
Subgrantee/Subrecipient when work is in progress and funds have been
expended with documentation of costs available.When all work associated
with the project is complete,the State will perform a reconciliation of actual
costs and will transmit the information to FEMA for its consideration for final
funding adjustments.
1. The Grantee/Recipient agrees to reimburse the Subgrantee/
Subrecipient for the federal and nonfederal shares of the eligible
costs for Large Projects as soon as practicable after execution of
this Agreement and formal notification by FEMA of its approval of
the pertinent Large Project Worksheet and submission of a Request
for Reimbursement (RFR) by the Subgrantee/Subrecipient. The
submission from the Subgrantee/Subrecipient requesting this
reimbursement must include:
a) a Request for Reimbursement(available in FloridaPA.org);
b) a Summary of Documentation (SOD) which is titled
Reimbursement Detail Report in FloridaPA.org and is
automatically created when the Request for Reimburse-
ment is submitted (and is supported by copies of original
documents such as, but not limited to, contract documents,
insurance policies,payroll records,daily work logs, invoices,
purchase orders, and change orders); and
c) the FEMA Cost Claim Summary Workbook (found in the
Forms section of FloridaPA.org), along with copies of
original documents such as contract documents,
invoices, change orders, canceled checks (or other
proof of expenditure), purchase orders, etc.
PA Funding Agreement FEMA-4283-DR-FL page 7 of 23
b. Once the work is completed, the Grantee/Recipient and the Subgrantee/Sub-
recipient will conduct a final inspection to determine if the payments to the
Subgrantee/Subrecipient were proper, If It is owed additional monies, or if it must
submit repayment to the State for overpayment.
c. In the event that funds are owed to the State on any Federal grant, all payables
are subject to be applied to any receivable until the total debt is satisfied.
d. The amount which may be advanced may not exceed the expected cash needs of
the Subgrantee/Subrecipient for the first three (3)months of the contract term, not
to exceed the Federal share.
e. Advances.
I. Payments under the Public Assistance Alternative Procedures Program
(PAAP) are paid as an Advance Payment. Notwithstanding Paragraph "3)
Funding," above, these payments are not bound by Section 216.181(16),
Florida Statutes.
1. The Grantee/Recipient must request a waiver from the State
Comptroller each Fiscal year.
2. For a federally funded contract, any advance payment is also
subject to 2 C.F.R.,federal OMB Circulars A-87,A-110,A-122,
and the Cash Management Improvement Act of 1990.
3. All advances must be held in an interest-bearing account with the
Interest being remitted to the Grantee/Recipient as often as prac-
ticable, but not later than ten (10) business days after the close of
each calendar quarter.
4. In order to prepare a Request for Advance(RFA)the Subgrantee/
Subrecipient must certify to the Grantee/Recipient that it has pro-
cedures in place to ensure that funds are disbursed to project
vendors, contractors, and subcontractors without unnecessary
delay. The Subgrantee/Subrecipient must prepare and submit a
budget that contains a timeline projecting future payment schedules
through project completion.
5. A separate RFA must be completed for each Project Worksheet to
be included in the Advance Funding Payment.
6. The Subgrantee/Subrecipient must complete a Request for
Reimbursement(RFR)via FloridaPA.org no more than ninety(90)
days after receiving its Advance Payment for a specific project.The
RFR must account for all expenditures Incurred while performing
eligible work documented in the applicable Project Worksheet for
which the Advance was received.
7., If a reimbursement has been paid prior to the submittal of a request
for an advance payment, an Advance cannot be accepted for
processing.
J 1
PA Funding Agreement FEMA-4283-DR-FL page 8 of 23
8. The Grantee/Recipient may advance funds to the Subgrantee/
Subrecipient, not exceeding the Federal share, only If the Sub-
grantee/Subrecipient meets the following conditions:
a) the Subgrantee/Subrecipient must certify to the Grantee/
Recipient that Subgrantee/Subrecipient has procedures in
place to ensure that funds are disbursed to project vendors,
contractors, and subcontractors without unnecessary delay;
b) the Subgrantee/Subrecipient must submit to the Grantee/
Recipient the budget supporting the request.
9. The Subgrantee/Subrecipient must submit a statement justifying
the advance and the proposed use of the funds, which also
specifies the amount of funds requested and certifies that the
advanced funds will be expended no more than 90 days after
receipt of the Advance;
10.The Grantee/Recipient may,in its sole discretion,withhold a portion
of the federal and/or nonfederal share of funding under this
Agreement from the Subgrantee/Subrecipient if the Grantee/
Recipient reasonably expects that the Subgrantee/Subrecipient
cannot meet the projected budgeted timeline or that there may be
a subsequent determination by FEMA that a previous disbursement
of funds under this or any other Agreement with the Subgrantee/
Subrecipient was improper.
9) FINAL PAYMENT.
a, The Grantee/Recipient agrees to disburse the final payment to the Subgrantee/
Subrecipient upon satisfaction of the following conditions:
I. the Subgrantee/Subrecipient must have completed the project to the
satisfaction of the Grantee/Recipient;
ii. the Subgrantee/Subrecipient must have submitted the documentation
required by this Agreement;
iii. in the case of Large Projects, the Grantee/Recipient must have performed
the final inspection;
iv. in the case of Small Projects,the project listing and certification must have
been reviewed by the Grantee/Recipient, or alternatively, the Grantee/
Recipient must have performed a final inspection(the subgrantee notifies
the state when work is complete on small projects, small projects are
considered closed when the P.4. has been processed and FEMA has
closed the subgrantee Grant); and
v. the Subgrantee/Subrecipient must have requested final reimbursement.
b. The Grantee/Recipient may submit the final Request for Reimbursement (RFR)
based on final inspections and closeout versions.
PA Funding Agreement FEMA-4283-DR-FL page 9 of 23
10) RECORDS MAINTENANCE.
a. The funding of eligible costs under this Agreement and the performance of all other
conditions are subject to the following requirements, in addition to such other
requirements as may be imposed by operation of law:
i. The "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," as codified in 2 C.F.R. and
44 C.F.R. § 13, as amended;
ii. Office of Management and Budget Circular(OMB) No. A-87, "Cost Princi-
ples for State and Local Governments," as amended;
iii. OMB Circular A-110,"Uniform Administrative Requirements for Grants and
Other Agreements with Institutions of Higher Education, Hospitals and
Other Non-Profit Organizations,"as amended;
iv. OMB Circular A-122, "Cost Principles for Non-Profit Organizations," as
amended; and
v. OMB Circular A-133,"Audits of States,Local Governments,and Non-Profit
Organizations," as amended.
b. The Subgrantee/Subrecipient must retain sufficient records to show its compliance
with the terms of this Agreement, including documentation of all program costs, in
a form sufficient to determine compliance with the requirements and objectives
under this Agreement and all other applicable laws and regulations,for a period of
five (5) years from the date of the Subgrantee/Subrecipient account closeout by
FEMA.
i. The five(5)year period is extended If any litigation, claim or audit is started
before the five(5)year period expires,and extends beyond the five(5)year
period.The records must then be retained until all litigation,claims,or audit
findings involving the records have been resolved.
c. Records for the disposition of non-expendable personal property valued at
$5,000'2 or more at the time it is acquired must be retained for five (5)years after
final account close out.
d. Records relating to the acquisition of real property must be retained for five (5)
years after final account close out.
e. The Subgrantee/Subrecipient and its employees or agents, including all sub-
contractors or consultants to be paid from funds provided under this Agreement,
must allow access to its records at reasonable times to the Grantee/Recipient,the
Florida Chief Financial Officer, the Florida Auditor General, the Comptroller
General of the United States, the Department of Homeland Security (DHS), and
FEMA,to include any designated employees and/or agents of such entities.
11) REPAYMENT BY SUBGRANTEE/SUBRECIPIENT.
a. If upon final inspection, final audit, or other review by the Grantee/Recipient,
FEMA, or any other authority, It Is determined that the disbursements to the
Subgrantee/Subrecipient under this Agreement exceed the eligible costs, the
Subgrantee/Subrecipient must reimburse to the Grantee/Recipient the amount by
which the total disbursements exceed the eligible costs no later than forty-five(45)
PA Funding Agreement FEMA-4283-DR-FL page 10 of 23
days from the date the Subgrantee/Subrecipient receives notice of such deter-
mination.
b. All refunds or repayments owing to the Grantee/Recipient under this Agreement
are to be made payable to the order of "Division of Emergency Management,
Cashier" and mailed directly to:
Cashier, Division of Emergency Management,
2555 Shumard Oak Boulevard
Tallahassee,_Florida 32399-2100.
c. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Grantee/Recipient for collection, Recipient must pay the
Grantee/Recipient a service fee of$1500 or 5%of the face amount of the returned
check or draft,whichever is greater.
12) AUDIT
a. The Subgrantee/Subrecipient shall comply with the audit requirements contained
in 2 C.F.R. Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Subgrantee/Subrecipient shall follow Generally Accepted Accounting Principles
("GAAP"). As defined by 2 C.F.R. § 200.49, GAAP "has the meaning specified in
accounting standards issued by the Government Accounting Standards Board
(GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Subgrantee'slSubrecipient's performance under
this Agreement, the Division shall use Generally Accepted Government Auditing
Standards ("GAGAS").As defined by 2 C.F.R. § 200.50, GAGAS, "also known as
the Yellow Book,means generally accepted government auditing standards issued
by the Comptroller General of the United States, which are applicable to financial
audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement,,the Subgrantee/Subrecipient
shall be held liable for reimbursement to the Division of all funds not spent in
accordance with these applicable regulations and Agreement provisions within
thirty days after the Division has notified the Subgrantee/Subrecipient of such non-
compliance.
e. The Subgrantee/Subrecipient shall have all audits completed by an independent
auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an indepen-
dent certified public accountant licensed under chapter 473." The independent
auditor shall state that the audit complied with the applicable provisions noted
above.The audit must be received by the Division no later than nine months from
the end of the Subgrantee's/Subrecipient's fiscal year.
f. The Subgrantee/Subrecipient shall send copies of reporting packages for audits
conducted in accordance with 2 C.F.R.Part 200,by or on behalf of the Subgrantee/
Subrecipient,to the Division at the following address:
PA Funding Agreement FEMA-4283-DR-FL page 11 of 23
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Subgrantee/Subrecipient shall send the Single Audit reporting package and
Form SF-SAC to the Federal Audit Clearinghouse by submission online at:
htto://harvester.census.qov/fac/collect/ddeindex.html
h. The Subgrantee/Subrecipient shall send any management letter issued by the
auditor to the Division at the following address:
DEMSingie_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
13) NONDISCRIMINATION BY CONTRACTORS.
a. Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Subgrantee/
Subrecipient must undertake an active program of nondiscrimination in its
administration of disaster assistance under this Agreement. The Subgrantee/
Subrecipient is also be subject to the requirements in the General Services
Administrative Consolidated List of Debarred, Suspended and Ineligible
Contractors, in accordance with 44 C.F.R. § 17.
14) MODIFICATION AND TIME FOR PERFORMANCE.
a. Any amendments to, or modification of, this Agreement, including a modification
extending the time for completion of a project, must be in writing, must be subject
to the same terms and conditions as those set out in the initial Agreement, and
takes effect only upon execution by both parties.
b. Modifications to any Project Worksheet to be funded under this Agreement may
be requested by the Subgrantee/Subrecipient through the Grantee/Recipient.The
approval of any such modifications, however, is at the sole discretion of FEMA.
c. Any approved modification to a Project Worksheet must be noted in a new Project
Worksheet version for the project and in any amendment to this Agreement.
d. The time allowed for the performance of eligible emergency work is slx(6) months
from the date of the presidential major disaster declaration, unless extended by
the Grantee/Recipient or FEMA.
e. The time allowed for the performance of eligible permanent work is eighteen (18)
months from the date of the presidential major disaster declaration, unless
extended by the Grantee/Recipient or FEMA.
f. The time for project completion can only be extended once unless the failure of the
Subgrantee/Subrecipient to close out the project is caused by events beyond its
PA Funding Agreement FEMA-4283-DR-FL page 12 of 23
control. Extensions cannot be granted for delays caused by lack of cost-share
funding.
g. If any extension request is denied by the Grantee/Recipient, or is not sought by
the Subgrantee/Subrecipient, reimbursement is only available for eligible project
costs incurred up to the latest approved extension for completed projects.
h. Failure to complete a project is adequate cause for the termination of funding for
that project and require reimbursement to the Grantee/Recipient of any and all
project costs.
15) CONTRACTS WITH OTHERS.
a. If the Subgrantee/Subrecipient contracts with any contractor or vendor for per-
formance of any portion of the work required under this Agreement, the Sub-
grantee/Subrecipient must incorporate into its contract with such contractor or
vendor an indemnification clause holding the Federal Government, its employees
and/or their contractors, the Grantee/Recipient, its employees and/or their
contractors, and the Subgrantee/Subrecipient and Its employees and/or their
contractors harmless from liability to third parties for claims asserted under such
contract.
b. The Subgrantee/Subrecipient must document in the Quarterly Report the sub-
contractor's progress in performing its work under this Agreement.
c. For each subcontract, the Subgrantee/Subrecipient must provide a written
statement to the Grantee/Recipient as to whether the subcontractor is a minority
vendor as defined in section 288.703, Florida Statutes.Copies of all contracts and
subcontracts must be uploaded into FlorldaPA.org by the Subgrantee/Sub-
recipient.
d. All contracts must conform to the uniform standards for procurement found in 2
C.F.R§§ 200.317-.326 and Appendix II.
i. Grace Period. Notwithstanding the preceding,a Non-Federal Entity(NFE),
may choose to continue to comply with the former procurement standards
applicable to FEMA awards found at 44 C.F.R. Part 13 (for states, local,
and Indian tribal governments) or 2 C.F.R. Part 215 (for institutions of
higher education, hospitals, and other nonprofit organizations) until the
completion of two additional fiscal years after December 26, 2014. This Is
an elective grace period. Note that if an NFE elects to use the previous
procurement standards, it must affirmatively document this decision in its
internal procurement policies, Including the date upon which Its grace
period (based upon the two additional fiscal years) will end, and that it
understand and agrees it must transition to the new procurement
standards.
16) LIABILITY.
a. The Grantee/Recipient assumes no liability to third parties in connection with this
Agreement. Unless the Subgrantee/Subrecipient is a governmental entity covered
under section 768.28 (5), Florida Statutes, the Subgrantee/Subrecipient is solely
responsible to any and all contractors, vendors, and other parties with whom it
contracts in performing this Agreement. Further, unless the Subgrantee/
PA Funding Agreement FEMA-4283-DR-FL page 13 of 23
Subrecipient is a governmental entity within the meaning of the preceding
sentence, the Subgrantee/Subrecipient, by entering into this Agreement, agrees
to indemnify and hold the Grantee/Recipient harmless from any and all claims
asserted by third parties in connection with the performance of this Agreement.
b. For the purpose of this Agreement, the Grantee/Recipient and the Subgrantee/
Subrecipient agree that neither one is an employee or agent of the other, but that
each one stands as an independent contractor in relation to the other.
c. Nothing in this Agreement is to be construed as a waiver by the Grantee/Recipient
or the Subgrantee/Subrecipient of any legal immunity, nor is anything in this
Agreement to be construed as consent by either of the parties to be sued by third
parties in connection with any matter arising from the performance of this
Agreement.
d. The Subgrantee/Subrecipient represents that to the best of its knowledge any
hazardous substances that may be present at its project site or sites are present
in quantities within statutory and regulatory limitations, and do not require remedial
action under any federal, State or local requirements concerning such substances.
e. The Subgrantee/Subrecipient further represents that the presence of any such
substance or any condition at the site caused by the presence of any such sub-
stance will be addressed in accordance with all applicable legal requirements.
17) REPORTS.
a. The Subgrantee/Subrecipient must provide Quarterly Reports to the Grantee/
Recipient on the Quarterly Report Form available in FloridaPA.org, a sample of
which is attached hereto as Attachment"B" and incorporated herein by reference.
b. The first Quarterly Report is due at such time as the Subgrantee/Subrecipient is
notified so.All subsequent Quarterly Reports are due no later than fifteen(15)days
after each calendar quarter through the 2nd Quarter after official closure by FEMA.
Quarterly Reports must indicate the anticipated completion date (this is not the
approved time extension date but the date the Subgrantee/Subrecipient actually
expects the project work to be complete for each project),together with any other
circumstances that may affect the completion date,the scope of work, the project
costs, or any other factors that may affect compliance with this Agreement.
c. Interim inspections must be scheduled by the Subgrantee/Subrecipient before the
final inspection, and may be required by the Grantee/Recipient based on
information supplied in the Quarterly Reports.
d. The Grantee/Recipient may require additional reports as needed, in which case
the Subgrantee/Subrecipient must provide any such additional reports as soon as
practicable.
e. With respect to a Request for Advance or Reimbursement, Summary of Documen-
tation, and Quarterly Reports, the contact for the Grantee/Recipient will be the
State Public Assistance Officer.
f. If the reports required under this section are not completed with all required
information and timely submitted, the Grantee/Recipient must withhold payments
payable to the Subgrantee/Subrecipient from any funding agreement.
PA Funding Agreement FEMA-4283-DR-FL page 14 of 23
g. If reimbursement has not been requested within 720 days of obligation, FEMA may
de-obligate funding as an interim financial reconciliation. If this occurs, the delay
in funding is not appealable and the Subgrantee/Subrecipient will be eligible for
funding when the project is complete and the final inspection has been processed
by FEMA.
18) MONITORING.
a. The Subgrantee/Subrecipient must monitor its performance under this Agreement,
as well as that of its subcontractors, agents, and consultants who are paid from
funds provided under this Agreement, to ensure that performance under this
Agreement is achieved,satisfactorily performed,and in compliance with applicable
State and federal laws, rules, and regulations.
b. In addition to reviews of audits conducted in accordance with 2 C.F.R. and OMB
Circular A-133, as revised, and section 215.97, Florida Statutes, monitoring
procedures may include, but are not limited to, on-site visits by the
Grantee/Recipient or its agent,limited scope audits as defined by OMB Circular A-
133, as revised, and/or other procedures deemed necessary by the
Grantee/Recipient or FEMA. By entering into this Agreement, the
Subgrantee/Subrecipient agrees to comply and cooperate with all monitoring
procedures/processes deemed appropriate by the Grantee/Recipient. In the event
that the Grantee/Recipient determines that a limited scope audit of the
Subgrantee/Subrecipient is appropriate, the Subgrantee/Subrecipient agrees to
comply with any additional instructions provided by the Grantee/ Recipient
regarding such audit.
c. The Subgrantee/Subrecipient agrees to comply and cooperate with any inspec-
tions, reviews, investigations or audits deemed necessary by the Comptroller or
Auditor General.
d. The Grantee/Recipient will monitor the performance and financial management by
the Subgrantee/Subrecipient throughout the contract term to ensure timely
completion of all tasks.
e. The Subgrantee/Subrecipient must update its contacts in FloridaPA.org each
quarter and ensure requests for updates are submitted as required by Florida
Statutes.
19) MANDATED CONDITIONS.
a. The Subgrantee/Subrecipient understands and agrees that:
i. Invoices for fees or other compensation for services or expenses must be
submitted in detail sufficient for a proper pre and post-audit.
ii. The Grantee/Recipient may unilaterally terminate this Agreement for
refusal by the Subgrantee/Subrecipient or its contractors or subcontractors
to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes,that are made or
received by the Subgrantee/Subrecipient or its contractors and subcon-
tractors in connection with this Agreement.
PA Funding Agreement FEMA-4283-DR-FL page 15 of 23
iii. No funds or other resources received from the Grantee/Recipient disbursed
to it under this Agreement will be used directly or indirectly to influence
legislation or any other official action by the Florida Legislature or any State
agency.
iv. Responsibility for compliance with this Agreement rests with the Sub-
grantee/Subrecipient, and further agrees that noncompliance with this
Agreement Is cause for the rescission, suspension, or termination of
funding under this Agreement, and may affect eligibility for funding under
past and future Subgrantee/Subrecipient Agreements.
v. If otherwise allowed under this Agreement, all invoices for any travel
expenses must be submitted in accordance with section 112.061, Florida
Statutes.
vi. The Grantee/Recipient will not knowingly award publicly-funded contracts
to any contractor who knowingly employs unauthorized alien workers, in
violation of the employment provisions contained in 8 U.S.C. § 1324a(e)
[§ 74A(e) of the Immigration and Nationality Act("INA")] and the Grantee/
Recipient considers the employment of unauthorized aliens by any
contractor a violation of § 274A(e) of the INA. Such violation by the
Subgrantee/Subrecipient is grounds for unilateral cancellation of this
Agreement by the Grantee/Recipient.
vii. It will comply with the restriction that a person or affiliate who has been
placed on the debarred/convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list will not be allowed to
submit a bid on a contract to provide any goods or services to a public
entity, will not be allowed to submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, will not be
allowed to submit bids on leases of real property to a public entity,will not
be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and will not be allowed to
transact business with any public entity in excess of Category Two for a
period of thirty-six (36) months from the date of being placed on the
debarred/convicted vendor list or on the discriminatory vendor list.
viii. If applicable, it must comply with the Americans with Disabilities Act(Public
Law 101-336, 42 U.S.C.Section 12101 et seq.),which prohibits discrimin-
ation by public and private entities on the basis of disability in the areas of
employment, public accommodations, transportation, all State and local
government services, and in telecommunications.
20) CERTIFICATIONS.
a. The Subgrantee/Subrecipient certifies that:
i. It possesses the legal authority to receive the funds under this Agreement
and that its governing body(if applicable)has authorized the execution and
acceptance of this Agreement.
ii. The individual executing this Agreement on Subgrantee's/Subrecipient's
behalf has the authority to legally execute this Agreement and bind the
Subgrantee/Subrecipient to its terms.
PA Funding Agreement FEMA-4283-DR-FL page 16 of 23
iii. With respect to any Subgrantee/Subrecipient other than a State agency or
political subdivision of the State, which receives funds under this Agree-
ment from the federal government,to the best of Its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered trans-
actions by any federal department or agency;
2. have not within the five-year period preceding entering into this
Agreement had one or more public transactions(federal, State, or
local)terminated for cause or default; and
3. have not within the five-year period preceding entering into this
proposal been convicted of or had a civil judgment rendered against
them for:
a) the commission of fraud or a criminal offense In connection
with obtaining, attempting to obtain, or performing a public
(federal, State, or local) transaction or a contract under
public transaction, or
b) violation of federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification, or de-
struction of records, making false statements, or receiving
stolen property.
b. The Subgrantee/Subrecipient certifies that to the best of its knowledge and belief:
i. No federal appropriated funds have been or will be paid, by or on behalf of
the SubgranteelSubrecipient,to any person for influencing or attempting to
influence an officer or employee of any agency,a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, or the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan or cooper-
ative agreement.
1. Subgrantee/Subrecipient understands that if any funds other than
federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress
in connection with this federal contract, grant, loan or cooperative
agreement, the Subgrantee/Subrecipient must complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its Instructions.
ii. All unmanufactured and manufactured articles, materials and supplies
which are acquired for public use under this Agreement have been
produced in the United States as required by 41 U.S.C. § 10a, unless it
would not be in the public interest or unreasonable in cost.
c. The Subgrantee/Subrecipient understands and agrees that the language of this
certification must be included In the award documents for all sub awards at all tiers
PA Funding Agreement FEMA-4283-DR-FL page 17 of 23
(including subcontracts,sub grants,contracts under grants,loans,and cooperative
agreements) and that all Subgrantees/Subrecipients must certify and disclose
accordingly. The Subgrantee/Subreciplent further understands and agrees that
this certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered Into.
i. Subgrantee/Subrecipient further understands that submission of this
certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. § 1352. Any person who fails to file the required
certification is subject to a civil penalty of not less than $10,00000 and not
more than$100,000QQ for each such failure.
d. Where the Subgrantee/Subrecipient is unable to certify to any of the statements in
this certification, the Subgrantee/Subrecipient understands it must submit to the
Grantee/Recipient (by email or facsimile) the completed "Certification Regarding
Debarment,Suspension, Ineligibility and Voluntary Exclusion"for each prospective
subcontractor which the Subgrantee/Subrecipient intends to fund under this
Agreement. (See Attachment "C".) Such form must be received by the Grantee/
Recipient prior to the Subgrantee/Subrecipient entering into a contract with any
prospective subcontractor.
21) TERM.
a. This Agreement takes effect upon its execution by the last of the signatories and
terminates upon approval of account closeout by FEMA, unless terminated earlier
as specified elsewhere in this Agreement.
i. Notwithstanding the above, this Agreement survives account closeout for
the purposes of State or federal audit purposes.
b. The Subgrantee/Subrecipient agrees to commence work on the project(s)
specified by this Agreement without delay.
22) DEFAULT REMEDIES AND TERMINATION.
a. Upon the occurrence of any one or more of the following events the Grantee/
Recipient may, at its option, terminate this Agreement and any funding under this
Agreement, and all obligations of the Grantee/Recipient to disburse further funds
under this Agreement terminate at the option of the Grantee/Recipient:
I. The determination that any representation by the Subgrantee/Subrecipient
in this Agreement is inaccurate or incomplete In any material respect, or
that the Subgrantee/Subrecipient has breached any condition of this
Agreement and has not cured such breach in a timely fashion, or that the
Subgrantee/Subrecipient is unable or unwilling to meet its obligations
under this Agreement;
ii. the Subgrantee/Subrecipient suffers any material adverse change in its
financial condition while this Agreement is in effect, as compared to its.
financial condition as represented in any reports or other documents
submitted to the Grantee/Recipient, if Subgrantee/Subrecipient has not
cured the condition within thirty (30) days after notice in writing from the
Grantee/Recipient;
PA Funding Agreement FEMA-4283-DR-FL page 18 of 23
iii. any reports required by this Agreement have not been submitted to the
Grantee/Recipient or have been submitted with inaccurate, incomplete, or
inadequate information; or
iv. the monies necessary to fund this Agreement are unavailable due to any
failure to appropriate or other action or inaction by the State Legislature,
Florida Department of Financial Services, Congress, or Office of
Management and Budget.
b. Notwithstanding the preceding, the Grantee/Recipient may at its option continue
to make payments or portions of payments after the occurrence of any one or more
such events without waiving the right to exercise such remedies and without
incurring liability for further payment.
c. Upon the occurrence of any one or more of the foregoing events, the
Grantee/Recipient may at its option give notice in writing to the Subgrantee/
Subrecipient to cure its failure of performance if such failure can be cured. Upon
the failure of the Subgrantee/Subrecipient to cure, the Grantee/ Recipient may
exercise any.one or more of the following remedies:
i. terminate this Agreement upon not less than fifteen (15) days' notice of
such termination after delivery by certified letter to the Subgrantee/
Subrecipient at the address specified in Attachment"D"of this Agreement;
ii. commence an action in law or in equity for the judicial enforcement of this
Agreement;
withhold the disbursement of any payment or any portion of a payment
otherwise due and payable to the Subgrantee/Subrecipient pursuant this
Agreement; and
iv. take any other actions that may otherwise be available in law or in equity.
d. Upon the rescission,suspension or termination of this Agreement,the Subgrantee/
Subrecipient must refund to the Grantee/Recipient all funds disbursed to the
Subgrantee/Subrecipient under this Agreement.
e. Notwithstanding anything to the contrary elsewhere in this Agreement, the
rescission, suspension or termination of this Agreement by the Grantee/Recipient
does not relieve the Subgrantee/Subrecipient of liability to the Grantee/Recipient
for the restitution of funds advanced to Subgrantee/Subrecipient under this
Agreement, and the Grantee/Recipient may set off any such funds by withholding
future disbursements otherwise payable to the Subgrantee/Subreciplent under this
Agreement until such time as the exact amount of restitution due the
Grantee/Recipient from the Subgrantee/Subrecipient is determined. In the event
that FEMA should de-obligate funds formerly allowed under this Agreement, the
Subgrantee/Subrecipient must immediately repay such funds to the
Grantee/Recipient. Any de-obligation of funds or other determination by FEMA
must be addressed in accordance with the regulations of that Agency.
f. If the Subgrantee/Subrecipient violates this Agreement or any statute, rule or other
legal requirement applicable to the performance of this Agreement, the
Grantee/Recipient • must withhold any disbursement otherwise due the
Subgrantee/Subrecipient for the project with respect to which the violation has
occurred until the violation is cured or has otherwise come to final resolution. If the
PA Funding Agreement FEMA-4283-DR-FL page 19 of 23
violation is not cured, the Grantee/Recipient may terminate this Agreement and
invoke its remedies under the Agreement as per this section.
I. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the
Subgrantee/Subrecipient in this Agreement,in any subsequent submission
or response to the Grantee/Recipient request, or in any submission or
response to fulfill the requirements of this Agreement, and such
information, representations, and materials are incorporated by reference.
The lack ofaccuracy thereof or any material changes will, at the option of
the Grantee/Recipient and with fifteen (15) days written notice to the
Subgrantee/Subrecipient,cause the termination of this Agreement and the
release of the Grantee/Recipient from ail Its obligations to the Subgrantee/
Subrecipient.
23) ATTACHMENTS.
a. All attachments to this Agreement are incorporated Into this Agreement by
reference as if set out fully in the text of the Agreement itself.
b. In the event of inconsistencies between the language of this Agreement and the
Attachments to it, the language of the Attachments are controlling, but only to the
extent of such inconsistencies.
c. All grant administrative and electronic forms not attached to this Agreement will be
provided by the Grantee/Recipient as necessary or posted on the Grantee's/
Recipient's website at www.FloridaPA.org.
24) HEADINGS.
a. Headings used in this Agreement are provided for the convenience of the parties
only and cannot be used to construe meaning or intent.
25) GOVERNING LAW.
a. This contract is governed by, and must be construed in accordance with,the laws
of the State of Florida, and all claims relating to or arising out of this Agreement,
or the breach thereof,whether sounding in contract,tort,or otherwise, are likewise
governed by the laws of Florida.
b. Except as may be otherwise provided for by statute, any action or proceeding,
whether brought by the Grantee/Recipient or the Subgrantee/Subrecipient, relat-
ing to or arising out of this contract must be brought in Leon County, Florida and
venue will lie therein.
26) ATTORNEY FEES.
a. Except as may be otherwise provided for by statute, in any action arising out of
this Agreement each party shall bear its own attorney's fees and costs.
PA Funding Agreement FEMA-4283-DR-FL page 20 of 23
27) PUBLIC ASSISTANCE ALTERNATIVE PROCEDURES.
a. Should the Subgrantee/Subrecipient desire to utilize the Public Assistance
Alternative Procedures provisions of the Sandy Recovery Improvement Act
(Division B of P.L. 113-2),execution of a Supplemental Funding Agreement cover-
ing specific aspects of the Alternative Procedures Package is required of the
Subgrantee/Subrecipient prior to the payment of such funds by the State as the
Grantee/Recipient.
b. Payments processed under the Alternative Procedures provisions will be re-
quested as an advance and are exempt from advance requirements covered by
Section 216.181(16), Florida Statutes. They will, however, be treated as an
advance for purposes of Requests for Reimbursement(RFRs) and satisfaction of
the requirement that ninety percent (90%)of previously advanced funds must be
accounted for prior to receiving a second advance.
28) DESIGNATION OF AGENT.
a. The Subgrantee/Subrecipient must complete Attachment "D" by designating at
least three agents to execute any Requests for Advance or Reimbursement,
certifications, or other necessary documentation on behalf of the Subgrantee/
Subrecipient.
b. After execution of this Agreement, the authorized, primary, and secondary Agent
may request changes to contacts via email to the State assigned team.
c. In the event the Subgrantee/Subrecipient contacts have not been updated
regularly and all three (3) Agents have separated from the Subgrantee's/
Subrecipient's agency, a designation of authority form will be needed to change
contacts. NOTE: This is very important because if contacts are not updated,
notifications made from FloridaPA.org may not be received and could result in
failure to meet time periods to appeal a Federal determination.
29) NOTICE AND CONTACT.
a. All notices required to be made to the Grantee/Recipient under this Agreement
must be in writing and must be delivered by email, by facsimile, by hand, or by
certified letter to the Grantee/Recipient at the following addresses:
Evan Rosenberg, Bureau Chief
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Email: evan.rosenberg@em.myflorida.com.
b. All notices required to be made to the Subgrantee/Subrecipient under this
Agreement must be in writing and must be delivered by email, by facsimile, by
hand,or by certified letter to the Subgrantee/Subrecipient at the address indicated
in Attachment "D" which the Subgrantee/Subrecipient must complete and submit
with this Agreement.
30) FEDERALLY FUNDED SUBAWARD
a. This Agreement and the Project Worksheet(FEMA Form 90-91)combine to form
a Federally Funded Subaward and Grant Agreement.
PA Funding Agreement FEMA-4283-DR-FL page 21 of 23
b. The parties agree that the Federally Funded Subaward and Grant Agreement
formed as described above should comply with the requirements of Section
215.971, Florida Statutes.
tt • •
�. R
(FEVA-4283-D i
IN WITNESS WHEREOF, the Grantee /Recipient and the Subgrantee /Subrecipient have
executed this Agreement:
FOR THE GRANTEE /RECIPIENT:
DIVISION OF EMERGENCY MANAGEMENT
Governor's Authorized Representative
LlaiC
Date
I
APPRONri) AS e fOR F �
E.ITY Arro
FOR THE SUBGRANTEE /SUERECIPIENT:
DUNS Number:
Federal Employer Identification Number (FEIN):
or
State Agency FLAIR Plumber:
CFDA Number: 57.036
Federal Fund Number _ 20 27500011
State Fund Number 202339047
Attachments: A) Statement of Assurances
B) Example of Public Assistance Quarterly Report
C) Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
D) Designation of Authority with Instructions
E) DHS OIG Audit Issues & Acknowledgement
F) Justification for Advance Payment
PA Funding Agreement FEMA - 4283 -DR -FL page 22 of 23
Statement of Assurances
1) The Subgrantee/Subrecipient hereby certifies compliance with all Federal statutes, regulations, policies,
guidelines, and requirements, including but not limited to OMB Circulars No. A-21,A-87, A-110, A-122,
and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and
use of Federal funds for this federally-assisted project.
2) Additionally, to the extent the following provisions apply to this Agreement,the Subgrantee/Subrecipient
assures and certifies that:
a. It possesses legal authority to apply for the grant, and to finance and construct the proposed
facilities; that a resolution, motion, or similar action has been duly adopted or passed as an
official act of the Subgrantee's/Subrecipient's governing body, authorizing the filing of the
application,including all understandings and assurances contained therein,and directing and
authorizing the person identified as the official representative of the Subgrantee/Subrecipient
to act in connection with the application and to provide such additional information as may be
required.
b. To the best of its knowledge and belief the disaster relief work described on each Federal
Emergency Management Agency (FEMA) Project Application for which Federal Financial
assistance is requested is eligible in accordance with the criteria contained In 44 C.F.R.§206,
and applicable FEMA policy documents.
c. The emergency or disaster relief work therein described for which Federal Assistance is
requested hereunder does not, or will not, duplicate benefits available for the same loss from
another source.
3) The Subgrantee/Subrecipient further assures it will:
a. Have sufficient funds available to meet the non-Federal share of the cost for construction
projects.Sufficient funds will be available when construction is completed to assure effective
operation and maintenance of the facility for the purpose constructed,and if not it will request
a waiver from the Governor to cover the cost.
b. Refrain from entering into a construction contract(s)for the project or undertake other activities
until the conditions of the grant program(s) have been met, all contracts meet federal, State,
and local regulations.
c. Provide and maintain competent and adequate architectural engineering supervision and
inspection at the construction site to ensure that the completed work conforms with the
approved plans and specifications, and will furnish progress reports and such other infor-
mation as the Federal grantor agency may need.
d. Cause work on the project to be commenced within a reasonable time after receipt of
notification from the approving Federal agency that funds have been approved and will see
that work on the project will be done to completion with reasonable diligence.
e. Not dispose of or encumber its title or other interests in the site and facilities during the period
of Federal interest or while the Government holds bonds, whichever is longer.
f. Provide without cost to the United States and the Grantee/Recipient all lands,easements and
rights-of-way necessary for accomplishment of the approved work and will also hold and save
the United States and the Grantee/Recipient free from damages due to the approved work or
Federal funding.
g. Establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties.
Attachment "A" page 1 of 5
h. Assist the Federal grantor agency in Its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 by:
i. consulting with the State Historic Preservation Officer on the conduct of investigations,
as necessary, to identify properties listed in or eligible for Inclusion in the National
Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part
800.8)by the activity,and notifying the Federal grantor agency of the existence of any
such properties; and
ii. by complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
i. Give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers, or documents
related to the grant.
j. With respect to demolition activities:
i. create and make available documentation sufficient to demonstrate that the
Subgrantee/Subrecipient and its demolition contractor have sufficient manpower and
equipment to comply with the obligations as outlined in this Agreement;
ii. return the property to its natural state as though no Improvements had been contained
thereon;
iii. furnish documentation of all qualified personnel, licenses, and all equipment
necessary to inspect buildings located in Subgrantee's/Subrecipient's jurisdiction to
detect the presence of asbestos and lead in accordance with requirements of the U.S.
Environmental Protection Agency, the Florida Department of Environmental Pro-
tection, and the appropriate County Health Department;
iv. provide documentation of the inspection results for each structure to indicate safety
hazards present, health hazards present, and/or hazardous materials present;
v. provide supervision over contractors or employees employed by the Subgrantee/
Subrecipient to remove asbestos and lead from demolished or otherwise applicable
structures;
vi. leave the demolished site clean, level, and free of debris;
vii. notify the Grantee/Recipient promptly of any unusual existing condition which hampers
the contractors work;
viii. obtain all required permits;
ix. provide addresses and marked maps for each site where water wells and septic tanks
are to be closed,along with the number of wells and septic tanks located on each site,
and provide documentation of such closures;
x. comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act;
xi. comply with all applicable standards, orders, or requirements issued under Section
112 and 306 of the Clean Air Act,Section 508 of the Clean Water Act, Executive Order
11738, and the U.S. Environmental Protection Agency regulations. (This clause must
be added to any subcontracts); and
xii. provide documentation of public notices for demolition activities.
k. Require facilities to be designed to comply with the "American Standard Specifications for
Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped,"
Number A117.1-1961, as modified. The Subgrantee/Subrecipient will be responsible for
conducting inspections to ensure compliance with these specifications by the contractor.
Attachment "A" page 2 of 5
I. Provide an Equal Employment Opportunity Program, if required to maintain one, where the
application is for$500,000m or more.
m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within
the required time period, begin working with the Grantee/Recipient in good faith to agree upon
a repayment date.
n. In the event a Federal or State court or Federal or State administrative agency makes a finding
of discrimination after a due process hearing on the Grounds of race, color, religion, national
origin, sex,or disability against a recipient of funds,forward a copy of the finding to the Office
for Civil Rights, Office of Justice Programs.
4) The Subgrantee/Subrecipient agrees it will comply with the:
a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced
as a result of Federal and federally-assisted programs.
b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political
activities of employees of a State or local unit of government whose principal employment is
in connection with an activity financed in whole or in part by Federal grants.
c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations,
and employment, contributions, and solicitations.
d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act.
e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and
laborers (including watchmen and guards) employed on federally assisted contracts be paid
wages of not less than one and one-half times their basic wage rates for all hours worked in
excess of forty hours In a work week.
f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the
minimum prescribed wage,and also that they be paid one and one-half times their basic wage
rates for all hours worked in excess of the prescribed work-week.
g. Anti-Kickback Act of 1986,which outlaws and prescribes penalties for"kick-backs"of wages
in federally financed or assisted construction activities.
h. Requirements imposed by the Federal sponsoring agency concerning special requirements
of law, program requirements, and other administrative requirements. It further agrees to
ensure that the facilities under its ownership, lease or supervision which are utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)
list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility
to be used in the project is under consideration for listing by the EPA.
I. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection
Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance
in communities where such insurance is available,as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified by the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards. The phrase"Federal financial assistance" includes any form of
loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant,
or any other form of direct or indirect Federal assistance.
j. Insurance requirements of Section 314, PL 93-288,to obtain and maintain any other insurance
as may be reasonable,adequate,and necessary to protect against further loss to any property
which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA
provides a mechanism to modify this insurance requirement by filing a request for an
insurance commissioner certification (ICC).The state's insurance commissioner cannot waive
Federal insurance requirements but may certify the types and extent of insurance reasonable
to protect against future loss to an insurable facility.
Attachment"A" page 3 of 5
k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime
Act, as appropriate; the provisions of the current edition of the Office of Justice Programs
Financial and Administrative Guide for Grants,M7100.1;and all other applicable Federal laws,
orders, circulars, or regulations, and assure the compliance of all its Subgrantees/
Subrecipients and contractors.
I. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18,
Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal
Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of
Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity
Policies and Procedures; Part 61, Procedures for Implementing the National Environmental
Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures;and Federal
laws or regulations applicable to Federal Assistance Programs.
m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead based paint in
construction of rehabilitation or residential structures.
n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan
adopted pursuant thereto.
o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,
as amended, or Victims of Crime Act(as appropriate); Section 504 of the Rehabilitation Act
of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990);
Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975;
Department of Justice Non-Discrimination Regulations;and Department of Justice regulations
on disability discrimination, and assure the compliance of all its Subgrantees/Subrecipients
and contractors.
p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83-352)
which, in Title VI of the Act, provides that no person in the United States of America,
Grantees/Recipients shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under
any program or activity for which the Subgrantee/Subreciplent receives Federal financial
assistance and will immediately take any measures necessary to effectuate this agreement.
If any real property or structure is provided or improved with the aid of Federal financial
assistance extended to the Subgrantee/Subrecipient, this assurance shall obligate the
Subgrantee/Subrecipient or in the case of any transfer of such property, any transferee, for
the period during which the real property or structure is used for a purpose for which the
Federal financial assistance Is extended or for another purpose involving the provision of
similar services or benefits.
q, Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits
discrimination on the basis of gender.
r. Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act
of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism.
s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to
confidentiality of alcohol and drug abuse patient records.
t. Provisions of all appropriate environmental laws, including but not limited to:
i. The Clean Air Act of 1955, as amended;
ii. The Clean Water Act of 1977, as amended;
iii. The Endangered Species Act of 1973;
Iv. The Intergovernmental Personnel Act of 1970;
Attachment°A" page 4 of 5
v. Environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969;
vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential
components of the national wild and scenic rivers system;
vii. The Fish and Wildlife Coordination Act of 1958;
viii. Environmental standards which may be prescribed pursuant to the Safe Drinking
Water Act of 1974, regarding the protection of underground water sources;
ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 which prohibits the expenditure of newest Federal funds within the units of the
Coastal Barrier Resources System.
u. The provisions of all Executive Orders including but not limited to:
i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be
discriminated against on the basis of race, color, religion, sex or national origin in all
phases of employment during the performance of federal or federally assisted
construction contracts; affirmative action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/
termination, rates of pay or other forms of compensation; and election for training and
apprenticeship.
ii. EO 11514(NEPA).
iii. EO 11738 (violating facilities).
iv. EO 11988 (Floodplain Management).
v. EO 11990 (Wetlands).
vi. EO 12898 (Environmental Justice).
5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as
required by the Drug-Free Workplace Act of 1988.
This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimburse-
ments, advances, contracts, property, discounts and/or other Federal financial assistance extended to the
Subgrantee/Subrecipient by FEMA. The Subgrantee/Subrecipient understands that such Federal Financial
assistance will be extended in reliance on the representations and agreements made in this Assurance and that
both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement
of this assurance. This assurance is binding on the Subgrantee/Subrecipient, its successors, transferees, and
assignees
FOR THE SUBGRANTEE/SUBRECIPIEHT:
Signature
Printed Name and Title Date
Attachment"A" page 5 of 5
Public Assistance Quarterly Report
Available for Each Subgrantee/Subrecipient on www.FloridaPA.org
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Attachment "B"
Certification Regarding
Debarment, Suspension, Ineligibility,
and
Voluntary Exclusion
Subcontractor Covered Transactions:
The prospective subcontractor of the Subgrantee/Subrecipient certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any federal department or agency.
(Where the Subgrantee's/Subrecipient's subcontractor is unable to certify to the above statement, the
prospective subcontractor must attach an explanation to this form.)
SUBCONTRACTOR:
Name of Company
Street Address
City, State, Zip
Federal Employer Identification Number(FEIN)
By:
Signature Date
Printed Name
Subgrantee's/Subrecipient's Name
Attachment "C"
DESIGNATION OF AUTHORITY(AGENTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Sub-Grantee:
Box 1: Authorized Ai ent Full Access Box 2: Prima A.ent Full Access
Agent's Name Agent's Name
Signature Signature
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full Access)
Agent's Name Official's Name
Signature Signature
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
Box 5: Other-Risk Mgmt-Insurance(Full Access) Box 6:Other-Environmental-Historical (Full Access)
>. .
Agent's Name
Agent's Name
Signature Signature
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-
grantee for the purpose of obtaining certain Grantee and federal financial assistance under the Robert T.Stafford Disaster Relief&Emergency
Assistance Act,(Public Law 93-288 as amended)or otherwise available.These agents are authorized to represent and act for the Sub-Grantee
in all dealings with the State of Florida,Grantee,for all matters pertaining to such disaster assistance previously signed and executed by the
Grantee and Sub-grantee.Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents.
Sub-Grantee Authorized Agent Signature
Data
Attachment"D" page 1 of 2
• DESIGNATION OF AUTHORITY(AGENTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
s FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Stab-Grantee: Date:
Box 7: Other Read Onl Access Box 8: Other Read Onl Access
Agent's Name Agent's Name
Signature Signature
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
' Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
Box 9: Other (Read Only Access) Box 10: Other (Read Only Access)
&gent's Name Official's Name
Signature Signature
Organization/Official Position Organization/Official Position 1
Y
Mailing Address Mailing Address I
City,State,Zip City,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address 1
f Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) ));
Agent's Name- l Agent's Name
Signature Signature
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address
, City,State,Zip City,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
Sub-Grantee's Fiscal Year(FY)Start: Month: Day:
Sub-Grantee's Federal Employer's Identification Number(EIN) •
-
Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management
Sub-Grantee's: FIPS Number(If Known) -
NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity
throughout staff turnover.Updates may be made by email to the state team assigned to your account.A new form will only be needed If all
authorized representatives have separated from your agency.Be aware that submitting a new Designation of Authority affects the contacts
that have been listed on previous Designation forms In that the Information in FloridaPA.org will be updated and the contacts listed above will
replace,not supplement,the contacts on the previous list.
REV.10-04-16 DISCARD PREVIOUS VERSIONS
Attachment "D" page 2 of 2
The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide
the authority for the Subgrantee's/Subrecipient's Primary Agent and Alternate Agent to access the FloridaPA.org
system in order to enter notes, review notes and documents, and submit the documentation necessary to work
the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA Funding
Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should
review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts
via email to the state team; a note should be entered in FloridaPA.org if the list is correct. Contacts should be
removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if
all authorized representatives have separated from your agency. Note that if a new Designation form is
submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will
be deleted from FloridaPA.org as the contacts listed are replaced in the system, not supplemented. All users
must log In on a monthly basis to keep their accounts from becoming locked.
Instructions for Completion
Complete the form in its entirety, listing the name and information for all representatives who will be working in
the FloridaPA.org Grant Management System. Users will be notified via email when they have been granted
access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their account will
lock them out. Each user must log in within a 60-day time period or their account will lock them out. In the event
you try to log In and your account is locked, submit a ticket using the Access Request link on the home page.
The form Is divided into twelve blocks;each block must be completed where appropriate.
Block 1: "Authorized Agent"—This should be the highest authority in your organization who is authorized to sign
legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this person will have
full access/authority unless otherwise requested).
Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence
and is our main point of contact.This contact will be responsible for answering questions, uploading documents,
and submitting reports/requests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but
should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is
allowed and this contact will have full access).
Block 3:"Alternate Agent"—This is the person designated by your organization to be available when the Primary
is not. (Only one Alternate Agent is allowed and this contact will have full access).
Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management-Insurance, and Environmental-
Historical). Providing these contacts is essential in the coordination and communication required between state
and local subject matter experts. We understand that the same agent may be identified in multiple blocks,
however we ask that you enter the name and information again to ensure we are communicating with the correct
individuals.
Block 7-12: "Other"(Read Only Access)—There is no limit on"Other"contacts but we ask that this be restricted
to those that are going to actually need to log in and have a role in reviewing the Information. This designation
is only for situational awareness purposes as individuals with the "Other Read-Only" designation cannot take
any action in FloridaPA.org.
Attachment"D" Instructions
DHS OIG AUDIT ISSUES & ACKNOWLEDGEMENT
The Department of Homeland Security(DHS) Office of Inspector General(OIG)was tasked by Congress to audit
all FEMA projects for fiscal year 2014.A synopsis of those findings are listed below:
There have been 32 separate instances where Grantees/Recipients or Subgrantees/Subrecipients did not follow the
prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State
agreement.
1. Non Competitive contracting practices.
2. Failure to include required contract provisions.
3. Failure to employ the required procedures to ensure that small,minority,and women's owned firms were all given
fair consideration.
4. Improper"cost-plus-a-percentage-of-cost" contracting practices.
The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs;
Report Number OIG-16-109-D dated July 1,2016. The following may be reasons for the disallowance or total de-
obligation of funding given under the FEMA/State agreement:
1. Use of improper contracting practices.
2. Unsupported costs.
3. Poor project accounting.
4. Duplication of benefits.
5. Excessive equipment charges(applicability may vary with hazard mitigation projects).
6. Excessive labor and fringe benefit charges.
7. Unrelated project costs.
S. Direct Administrative Costs.
9. Failure to meet the requirement to obtain and maintain insurance.
Key Points that must be followed when Administering FEMA Grants:
• Designate one person to coordinate the accumulation of records.
• Establish a separate and distinct account for recording revenue and expenditures,and a separate identifier for each
specific FEMA project.
• Ensure that the final claim for each project is supported by amounts recorded in the accounting system.
• Ensure that each expenditure is recorded in the accounting books and references supporting sources of
documentation(checks,invoices,etc.)that can be readily retrieved.
• Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA
project with that amount.
• Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs
(Federal Highways,Housing and Urban Development,etc.)and ensure that the final project claim does not include
costs that another Federal agency funded or could have funded.
• Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory
withdrawal and usage records.
• Ensure that expenditures claimed under the FEMA project are reasonable,necessary, directly benefit the project,
and are authorized under the"Scope of Work."
I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues.
FOR BY
Su bgrantee/Su brecipient Signature
Date Printed Name and Title
Attachment"E"
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ )ADVANCE REQUESTED
Advance payment of$ is requested.
Balance of payments will be made on a reimbursement basis. These
funds are needed to pay staff,award benefits to clients,duplicate forms
and purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20 -20_Anticipated Expenditures for First Three Months of
(list applicable line items) Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for the cash advance.
The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety
(90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and
expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the
first ninety(90)days of the contract term.Any advance funds not expended within the first ninety(90)days of the contract term
must be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399,within thirty(30)days of
receipt,along with any interest earned on the advance)
Attachment"F"