Fort Walton Beach Council agenda — 10-11-05 Regular — reading text

requirements including, without any limitation on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. Fundine: and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 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 ( 75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. 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 Federal Emergency Management Agency 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, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duolication 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. Subgrantee shall without delay 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. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the 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-Department of Financial Services of the State of Florida the authority to set off the sum ofany such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Comoliance with Environmental. Plannine:and Permittine: 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. The contract documents for I. 2 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 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. ARTICLE VI. Reouired Documentation. Reviews. and Insoections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal 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. Sub grantee shall submit the following documentation for Large Projects ( the Large Project threshold for this declaration is $ 55, 500), which can be found at www. tloridapa. org 1. Request 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. A request for final inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the " Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. 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. ARTICLE VII. Cost The federal share of the eligible costs specified in the Project Worksheets Sharin!!:. under this Agreement shall be seventy five ( 75) percent of such costs, unless a higher percentage is approved, ef 51 61:1 685t5 and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the non federal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the non federal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of Federal Regulations Part 206.36 and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Pavment 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 Federal Emergency Management Agency' of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares ofthe eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1. A Request for Reimbursement found at www. tloridapa.org 2. A Summary of Documentation shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders and is also available at www. floridapa. org:; and, 3  3. 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 unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Forms which is also available at www. floridapa.org; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Sub grantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre- disaster condition in accordance with 44 Code of Federal Regulations Part 206.36 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its pre- disaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 Code of Federal Regulations Part 206.36 before the commencement of any work. F. Grantee may, in its discretion, withhold its portion of the nonfederal share offunding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Sub grantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. 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, E. Subgrantee shall have requested final reimbursement. ARTICLE X. 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: A. The " Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 Code of Federal Regulations Part 13, as amended; 4  B. Office of Management and Budget Circular No. A- 87, " Cost Principles