Okaloosa County BOCC — July 15, 2014 — MX-2300N_20140709_114947 — reading text

Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (24) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A- 122 and the Cash Management Improvement Act of 1990. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment “E.” Attachment “E” will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. As project costs are incurred, invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that “all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts.” The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the subgrantee’s assigned Financial Specialist as part of the Recipient’s quarterly reporting as referenced in Paragraph 20 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the FEMA Office of the Chief Financial Officer, the State Chief Financial Officer or under Paragraph (3) or (7) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate and all overpaid funds shall be repaid to the Division within 45 days, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (9) FINAL PAYMENT. Grantee shall disburse the final payment to Subgrantee upon satisfaction of the following conditions: A. B. Subgrantee shall have completed the project to the satisfaction of the Grantee; Subgrantee shall have submitted the documentation specified in Paragraphs (6) and (8) of this Agreement; in the case of Large Projects, the Grantee shall have performed the final inspection; or in the case of Small Projects, the project listing and certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and Subgrantee shall have requested final reimbursement. (10)RECORDS MAINTENANCE. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: PA Funding Agreement for FEMA-4177-DR 5 A. The “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” as codified in 44 CFR Part 13, as amended. B. Office of Management and Budget Circular (OMB) No. A-87, “Cost Principles for State and Local Governments,” as amended. C. 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. D. OMB Circular A-122, “Cost Principles for Non-Profit Organizations,” as amended. E. OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations,” as amended. F. Subgrantee shall 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 years from the date of the subgrantee account closeout by FEMA. The Subgrantee shall allow the Grantee or its designee, the comptroller general of the United States, FEMA, the chief financial officer or the auditor general of the State, access to records upon request. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final account close out. 3. Records relating to the acquisition of real property shall be retained for five years after final account close out. G. The Subgrantee, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Grantee, its employees, and agents (including auditors retained by the Grantee). "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. (11)REIMBURSEMENT OF FUNDS. If upon final inspection, final audit, or other review by Grantee, FEMA or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination. (12)REPAYMENT BY SUBGRANTEE. All refunds or repayments due to the Grantee under this Agreement are to be made payable to the order of “Division of Emergency Management, Cashier’ and mailed directly to the following address: Cashier, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. In accordance with section 215.34 (2), Florida Statutes, if a check or other draft is returned to the Grantee for collection, Recipient shall pay the Grantee a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. PA Funding Agreement for FEMA-4177-DR 6 (13)AUDIT. A. The Subgrantee agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. B. These records shall be available at all reasonable times for inspection, review, or audit by State personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. C. The Subgrantee shall also provide the Grantee or its designee with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. D. If a subgrantee is a State or local government, or a non-profit organization as defined in OMB Circular A-133, as revised, and if the Subgrantee expends $500,000 or more across all federal awards in its fiscal year, then the subgrantee shall have a single or program specific audit conducted which meets the requirements of the Single Audit Act of 1984, 31 U.S.C. ss. 7501- 7507, OMB Circular A-133 Part .200 for the purposes of auditing and monitoring the funds awarded under this Agreement. In connection with the aforementioned audit requirement, the subgrantee shall fulfill for auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 1. If an annual financial audit report is required, it shall include all management letters and the contractor's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including ail items specified in 1 and 2 above shall be sent directly to: Office of the Inspector General, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. An electronic copy shall also be submitted (via email) to: DEMSingle Audit@em.myfiorida.com, as well as uploaded to floridapa.org on the subgrantee’s main account page. E. If a subgrantee spends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provision of OMB Circular A-133, as revised, is not required. In the event the contractor expends less than $500,000 in all federal awards in its fiscal year and chooses to have an audit conducted in accordance with OMB Circular A-133 Part .200, as revised, the cost of the audit must be paid from non-federal funds. F. Inthe event an audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Subgrantee shall be held liable for reimbursement to the Grantee of all funds not spent in accordance with these Agreement provisions within forty-five (45) days after the Grantee has notified the subgrantee of such non-compliance. G. If an audit is conducted as required by subparagraph D. above, the subgrantee shall send a copy of the reporting package as described Part .320 (c) of OMB Circular A-133, as revised, to the Grantee at each of the following addresses: Office of the Inspector General Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 PA Funding Agreement for FEMA-4177-DR 7 As required by OMB Circular A-133 Part .320 (d), all auditees shall submit the data collection form and one copy of the reporting package to the Federal Audit Clearinghouse at the following address: Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10 Street, Jeffersonville, IN 47132. H. Pursuant to Part .320 (e) of OMB Circular A-133, auditees that are subrecipients shall submit to each pass-through entity one copy of the reporting package describe in Part .320 (c) I. Any reports, management letters, or other information required to be submitted to the Grantee pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, section(s) 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Florida Statutes, and Rules of the Auditor General, as applicable. J. Subgrantee, when submitting financial reporting packages to the Grantee for audits done in accordance with OMB Circular A-133 or section(s) 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Florida Statutes, or Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. K. In the event an audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with applicable regulations, the subgrantee shall be held liable for reimbursement to the Grantee of all funds not spent in accordance with applicable regulations within forty-five (45) days after the Grantee has notified the subgrantee of such non-compliance. L. A subgrantee shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public