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2017-22 Contract Number: 17-PA-U5-06-45-01-090 Subgrantee/Subrecipient: Clermont, City of FIPS/PAID Number: 069-12925-00 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: City of Clermont (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 $123,10091 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 is 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/Subrecipient 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°Q. 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 itis 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/Subrecipient 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; ii. 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 projects 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/ Subrecipient 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. 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 $5,0000 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's/Subrecipient'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.aov/fac/collect/ddeindex.html h. The Subgrantee/Subrecipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_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 six(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 FloridaPA.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"Be 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 Subgrantee/Subrecipient,to any person for influencing or attempting to P 9 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/Subrecipient 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 $100,00000 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; iii. 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/Subrecipient 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 of accuracy 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 all 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 neededto change 'contacts. NOTE: This is very important because ifcontacts 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 bemade 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. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT HURRICANE MATTHEW DECLARATION (FEMA-4283-DR-FL) Federally Funded Public Assistance State Agreement IN WITNESS WHEREOF, the Grantee/Recipient and the Subgrantee/Subrecipient have executed this Agreement: FOR THE GRANTEE/RECIPIENT: DIVISION OF EMERGENCY MANAGEMENT &.,a,/t 1t/9/11 Governor's Authorized Repre ntative Date FOR THE SUBGRANTEE/SUBRECIPIENT: Gail L Ash, Mayor Printed Name and Title ...e?Zocez44- ea4 Signature Date DUNS Number: 937993855 Federal Employer Identification Number(FEIN): 59-6000290 or State Agency FLAIR Number: • CFDA Number: 97.036 Federal Fund Number 20 2 750001 State Fund Number 20 2 339047 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: I 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$500,0000 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/Subrecipient 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/SUBRECIPIENT: .dize:e94 Signature Gail L Ash, Mayor Vat 0 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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Sart Prtbut Clooseac 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: City of Clermont Box 1: Authorized Agent(Full Access) Box 2: Primary Agent(Full Access) AgGail L Ash Agent' Name Agent's Smith-Castillo Signature Signatu Inoccitr � ��� r Organization/ is(ow onaeA �Orga on City of Clermont/Mayor City of Clermont/Finance Manager MailingAddress Malli Address PO Box 120219 PO Box 120219 CityState,Zip City,State,Zip Clermont, FL 34712 Clermont, FL 34712 Daytime Telephone 3p�Jho a Daytime Telephone (352) 241-7365 E-mail Address E-mail Address gashaclermontfl.org Ismitheiclermontfl.ora Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full Access) Agent's Name Official's Name - r- ray Joseph E Van Zile Sign- 1 Signa Organization/Official PosOrgan tion/ dal ositlon City of Clermont/ .- Manaaer ity CI ont/Finance Director Mailing Address Mailing Address PO Box 120219 PO Box 120219 City,State,Zip City,State,Zip Clermont. FL 34712 Clermont, FL 34712 Daytime Telephone Daytime Telephone (352) 394-4081 (352)241-7367 E-mail Address E-mail Address daraveclermoMfl.ora ivanzileCa clermontfl.ora 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 b-grantee.Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. Sub rantee Authorized A nt Signature Date Attachment"D" page 1 of 2 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent's Name Agents 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) 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 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agents 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 Sub-Grantee's Fiscal Year(FY)Start: Month: October Day: 1St Sub-Grantee's Federal Employer's Identification Number(EIN) 59 -6000290 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. 8. 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 n, the above D S 0 u ' Issues. FOR City of Clermont BY Subgrantee/Subrecipient Signature 1iEt/« Gail L Ash. Mayor 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° STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director January 23, 2017 Ms. Lacy Smith-Castillo, Finance Manager FEMA-4283-DR-FL Clermont, City of FIPS No. 069-12925-00 685 West Montrose Street Clermont, Florida 32796 Re: Executed Funding Agreement Dear Ms. Smith-Castillo: Per your request, please find enclosed an original executed Disaster Relief Funding Agreement for DR-4283, Hurricane Matthew, declared October 7, 2016. If you have any questions or need further information, please contact Heather Johnson at (850)488-5374 or via e-mail at Heather.Johnson@em.myflorida.com. Sincerely, Mr- Bryan W. Koon, Director Governor's Authorized Representative BWK/ER/sm Enclosures: Disaster Relief Funding Agreement for DR-4283 DIVISION HEADQUARTERS • • STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Blvd Te1:850-413-9969•Fax:850-488-1016 2702 Directors Row Tallahassee, FL 32399-2100 www.FloridaDlsaster.orp Orlando, FL 32809-5631