Fort Walton Beach Council agenda — 01-08-13--regular — reading text

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 Slates, 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 aform 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 final inspection and audit. 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 extend 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 disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. 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. 6 PA Funding Agreement for FEMA- 4084 -DR Paeket Pg. 27  8. 2. a 13) AUDIT. A. The Subgrantee agrees to maintain financial procedures and s upport 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 -profits organization as defined in OMB Circular A -133, as revised, and if the Subgrantee expends $ 500, 000 or more, 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 all 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. E. If a s ubgrantee spends less than $ 500, 000 in federal awards in its fiscal year, an au dit 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 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. In the 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 applicable regulations and Agreement provisions within thirty ( 30) days after the Grantee has notified the contractor of such non -compliance. G. If 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- 4084 -DR 7 PeckeE Pg. 28  F82. As required by OMB Circular A -133 Part . 320 ( d), all auditees shall submit the data collection form and on a copy of the reporting package to the Federal Audit Clearinghouse at the following address: Federal Audit Clearinghouse, Bureau of the Census, 1201 East loth 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 letter, 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) of 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 the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the contractor shall be held liable for reimbursement to the Grantee of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty ( 30) days after the Grantee has notified the Grantee 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 accountant or a public accountant licensed under Chapter 473, Florida Statutes. If the subgrantee is a State agency, an audit conducted by the Florida Auditor General in accordance with the provisions of OMB Circular A -133, as revised, Ml meet the requirements of this paragraph. The IPA shall state that the audit complied with the applicable provisions noted above. If an audit is required, the audit must be submitted to the Grantee no later than nine ( 9) months from the end of the Subgrantee' s fiscal year. 14) NONCOMPLIANCE. If the Subgrantee violates this Agreement or any statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee 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 violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Paragraph 24 of this Agreement. 15) NONDISCRIMINATION BY CONTRACTORS. Pursuant to 44 CFR Parts 7 and 16, and 44 CFR Part 206. 36, the Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. Subgrantee shall also be subject to the