Okaloosa County BOCC — January 18, 2013 — Fed Funded Public Assistance Agreement - Isaac — reading text

OKALOOSA BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 8, 2013 TO: Honorable Board of County Commissioners FROM: Gary Stanford, Finance Director SUBJECT: State of Florida, Division of Emergency Met. Federally — Funded Public Assistance Agreement Hurricane Isaac- FEMA-4084-DR DISTRICT: All DEPARTMENT: Finance STATEMENT OF ISSUE: Request Board approval of the Federally Funded Public Assistance Agreement for Hurricane Isaac. BACKGROUND: On October 18, 2012, President Obama declared a major disaster for the State of Florida, triggering the release of Federal funds to help communities recover from damages incurred as a result of Hurricane Isaac. As a result, Okaloosa County as the applicant requested public assistance for damages incurred as a result of the severe weather. Reimbursement for this event is 75% Federal, 12.5% State and 12.5% County. Total damages claimed equal $115,836.00. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve the funding agreement and authorize the Chairman to sign the agreement and execute all future grant documents. . AA fi t Ta RECOMMENDED BY: \ ¥ hdpattment Héad Contract Number: 13-IS-3S-01-56-02-523 Subgrantee: Okaloosa County FIPS Number: 091-99091-00 Hurricane Isaac (FEMA-4084-DR-FL) Federally Funded Public Assistance Agreement THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereafter referred to as the “Grantee’), and Okaloosa County (hereafter referred to as the “Subgrantee’). THIS AGREEMENT {[S ENTERED INTO BASED ON THE FOLLOWING FACTS AND CONDITIONS: A. On October 18, 2012, President Barack H. Obama issued a major disaster declaration designated FEMA-4084-DR-FL for the State of Florida as a result of Hurricane Isaac. As amended, the declaration authorized Public Assistance in Bay, Collier, Escambia, Franklin, Gulf, Martin, Monroe, Okaloosa, Palm Beach, Saint Lucie and Santa Rosa Counties. B. The FEMA-State Agreement dated October 31, 2012, 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; and THEREFORE, the Grantee and the Subgrantee agree to the following: (1) DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C §§ 5121-5207 (Stafford Act); in accordance with 44 CFR § 206.44; and applicable policies of FEMA. B. "FEMA-State Agreement" is the agreement dated October 31, 2012, between the FEMA and the State of Florida, for apr esidential emergency declaration designated FEMA- 4084-DR-FL. As amended, the agreement authorized Public Assistance in Bay, Collier, Escambia, Franklin, Gulf, Martin, Monroe, Okaloosa, Palm Beach, Saint Lucie and Santa Rosa Counties. PA Funding Agreement for FEMA-4084-DR 1 (2) APPLICABLE LAW. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable State and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of Title 44 of the Code of Federal Regulations (CFR) Part(s) 13 and 206, and the policies of the FEMA. The Subgrantee further agrees to comply with the Statement of Assurances attached hereto as Attachment “A.” (3) FUNDING AND INSURANCE. Subject to an advancement of funds by Grantee to the Subgrantee, the Grantee shall otherwise provide funds on a cost reimbursement basis to the Subgrantee for eligible activities approved by the Grantee and FEMA, as specified in the approved Subgrantee Project Worksheets. However, the Grantee's performance and obligation to pay under this Agreement is contingent upon an appropriation by the State Legislature, subject to any modification in accordance with Chapter 216, Florida Statutes or Florida Constitution, and disbursement shall be consistent with section 252.37, Florida Statutes. The Grantee may provide some portion of any nonfederal share for some subgraniees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. The federal allowable costs shall be determined as per 44 CFR Part(s) 13 and 206, which shall be seventy-five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy-five percent of all eligible costs, unless a higher percentage is approved. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or FEMA that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, for damaged facilities and pursuant to 44 CFR § 206.253, the Subgrantee shall 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 the lesser. (4) DUPLICATION OF BENEFITS PROHIBITION, Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Without delay, Subgrantee shall advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. All such duplicate benefits are “ineligible costs” which the Subgrantee shall reimburse to the Grantee without delay. The Subgrantee shall also reimburse the Grantee if the Subgrantee receives any duplicate benefits from any other source for any damage identified onthe applicable Project Worksheets for which Subgrantee has received payment from Grantee. PA Funding Agreement for FEMA-4084-DR 2 B. Inthe event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement, the Subgrantee gives Grantee or the chief financial officer of the Florida Department of Financial Services the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due ando wing to Subgrantee, or to use such remedies available at law or equity to the repayment of said sums to Grantee. (5) COMPLIANCE WITH ENVIRONMENTAL PLANNING AND PERMITTING LAWS. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. If applicable, the contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government comprehensive plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent, properly licensed engineering, 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. (6) REQUIRED DOCUMENTATION REVIEWS AND INSPECTIONS. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit aformal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. For all projects, Subgrantee shail state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement andthe requirements in each Project Worksheet, and shall state the date of completion. B. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed, C. Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for this declaration is $66,400.00), which can be found at www.FloridaPA.org: 1. arequest for reimbursement; 2. a summary of documentation, which shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders; 3. arequest for final inspection; 4. a signed Project Completion and Certification Report upon the completion of all projects; and 5. a Project Completion and Certification Report specified by subparagraph (6)A. of this Agreement. PA Funding Agreement for FEMA-4084-DR 3 (7) COST SHARING, The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, and the nonfederal share shall be the remaining amount. 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. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 CFR Part 206.228 and do not require matching funds may also be funded by FEMA. (8) PAYMENT OF COSTS. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures: A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for “Small Projects” to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the FEMA of its approval of the pertinent Small Project Worksheet. B. Grantee shall reimburse Subgrantee 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 the FEMA of its approval of the pertinent Large Project Worksheet. The Invoice from the Subgrantee requesting this reimbursement must include: 1. 2 a Request for Reimbursement available at www.FloridaPA.org; a Summary of Documentation which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders, canceled checks (or other proof of expenditure), etc..., which is also available at www.FloridaPA.org; and a letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 1. Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without