Common use of Programmatic Clause in Contracts

Programmatic. 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub-Recipient must notify the Division as soon as significant developments becomes known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub-Recipient must “obtain prior written approval for any budget revision which would result in a need for additional funds” [44 CFR 13(c)], from the Division and FEMA. 4) The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”). 5) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 6) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30-days prior to the Period of Performance date, for review and approval by the Division; for submittal to FEMA for closeout. 7) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date, and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing. 8) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Xxxxxxxx Act, and further clarification in 44 CFR 206.191. 9) If the Sub-Recipient is not the current title holder of the affected properties, the Sub- Recipients shall provide documentation confirming the property acquisition and easement rights were obtained voluntarily. If condemnation or eminent domain is used to obtain easement rights, FEMA shall not pay for any associated costs or payments to the property owner. Furthermore, FEMA shall not consider it an eligible contribution to the non-Federal cost share requirement and shall not financially participate in that component of a project if land or easements are obtained involuntarily. This is FEMA Project Number 4068-08-A, and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4068. The project awarded by FEMA on June 9, 2015, the Sub-Recipient Agreement executed on August 24, 2015, the Rescopement (expansion) awarded on April 14, 2017, with the budget increase April 19, 2016, and the Period of Performance (POP) for this project shall end on November 30, 2019.

Programmatic. 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub-Recipient must notify the Division as soon as significant developments becomes known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub-Recipient must “obtain prior written approval for any budget revision which would result in a need for additional funds” [44 CFR 13(c)], from the Division and FEMA. 4) The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”). 5) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 6) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30-days prior to the Period of Performance date, for review and approval by the Division; for submittal to FEMA for closeout. 7) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date, and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing. 8) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Xxxxxxxx Act, and further clarification in 44 CFR 206.191. 9) If the Sub-Recipient is not the current title holder titleholder of the affected properties, the Sub- Recipients shall provide documentation confirming the property acquisition and easement rights were obtained voluntarily. If condemnation or eminent domain is used to obtain easement rights, FEMA shall not pay for any associated costs or payments to the property owner. Furthermore, FEMA shall not consider it an eligible contribution to the non-Federal cost share requirement and shall not financially participate in that component of a project if land or easements are obtained involuntarily. This is FEMA Project Number 4068-08-A, and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4068. The project awarded by FEMA on June 9, 2015, the Sub-Recipient Agreement executed on August 24, 2015, the Rescopement (expansion) awarded on April 14, 2017, with the budget increase April 19, 2016, and the Period of Performance (POP) for this project shall end on November 30March 31, 20192020.

Programmatic. 1) A The Division and FEMA must approve a change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub-Recipient must notify the Division as soon as significant developments becomes known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub-Recipient must “obtain prior written approval for any budget revision which would result in a need for additional funds” [44 CFR 13(c)], from the Division and FEMA. 4) The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”). 5) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 6) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30-days prior to the Period of Performance date, for review and approval by the Division; for submittal to FEMA for closeout. 7) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date, and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processingprocessing to FEMA. 8) 5) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 6) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Xxxxxxxx Act, and further clarification in 44 CFR 206.191. The Sub-Recipient shall identify and ensure that any duplication of benefits is properly documented and accounted for in the final mitigation offer. 97) If the Sub-Recipient is not the current title holder titleholder of the affected properties, the Sub- Sub-Recipients shall provide documentation confirming the property acquisition and easement rights were obtained voluntarily. If condemnation or eminent domain is used to obtain easement rights, FEMA shall not pay for any associated costs or payments to the property owner. Furthermore, FEMA shall not consider it an eligible contribution to the nonNon-Federal cost share requirement and shall not financially participate in that component of a project if land or easements are obtained involuntarily. 8) The Sub-Recipient shall ensure that all property acquisition activities are voluntary and conducted in compliance with 44 CFR Part 80. In addition, the Sub-Recipient shall ensure that fair procedures are in place to compensate property owners and tenants affected by this property acquisition. This includes but may not be limited to; determination of property values, the amount of mitigation offers, and the review and resolution of mitigation offer disputes. 9) The Sub-Recipient shall ensure that a title search is conducted on the subject properties. All known encumbrances that are incompatible with open space use shall be revised or extinguished to ensure that each property use in consistent with the open space requirements in 44 CFR Part 80 and applicable guidance. 10) The Sub-Recipient shall obtain a title insurance policy reflecting that all incompatible easements or other encumbrances to the title have been extinguished to demonstrate clear title in conformance with 44 CFR Section 80.17 (b). 11) The Sub-Recipient will comply with the Uniform Relocation Assistance Act and document compliance as appropriate, if applicable. 12) Recording of the deed and required deed restrictions will take place in accordance with State law and within 14 days after the settlement and closing. Sub-Recipient will record each property purchased on the applicable quarterly report 13) The Sub-Recipient shall provide the following documentation for each property: a) An executed Declaration and Release Form (FEMA 009-0-3) b) An executed Statement of Voluntary Participation Form (FEMA 81-112) c) An executed copy of the Model Statement of Assurances for Property Acquisition Projects or an equivalent acceptable to the Division and FEMA. d) A recorded copy of the deed conveying full property interest to Escambia County. This deed must include the necessary elements of FEMA’s prescribed model deed restrictions. e) Project specific information relating to duplication of benefits, as applicable. 14) Documentation demonstrating the market value of each property (pre-event or current, as appropriate) and how the market value was determined. 15) All closeout documentation shall be delivered to the Division 30-days prior to the Period of Performance date. This is FEMA Project Number 40684177-29-R, is funded under HMGP-4177-DR-FL FEMA awarded this project on March 08, 2018; the Pre-A, and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4068. The project awarded by FEMA on June 9Award Cost date is February 09, 2015, the Sub-Recipient ; this Agreement executed on August 24, 2015, the Rescopement (expansion) awarded on April 14, 2017, with the budget increase April 19, 2016shall begin upon execution by both parties, and the Period of Performance (POP) for this project shall end on November 30March 31, 20192020.

Programmatic. 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implicationsimpact to the budget. 2) The Sub-Recipient must notify the Division as soon as significant developments becomes known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub-Recipient must “obtain prior written approval for any budget revision which would result in a need for additional funds” [44 CFR 13(c)], from the Division and FEMA. 4) The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”). 5) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 6) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30-30 days prior to the Period of Performance date, for review and approval by the Division; , for submittal to FEMA for closeout. 75) Any extension of the Period of Performance shall be submitted to FEMA, FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted submitted, along with substantiation of the new expiration date, date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing. 8) 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) The Sub-Recipient must avoid duplication of benefits between the HMGP HMGMP and any other form of assistance, as required by Section 312 of the Xxxxxxxx Act, and further clarification in 44 CFR 206.191. 9) 8) If the Sub-Recipient is not the current title holder of the affected properties, the Sub- Recipients Sub-Recipient shall provide documentation confirming the property acquisition and easement rights were obtained voluntarily. If condemnation or eminent domain is used to obtain easement rights, FEMA shall not pay for any associated costs or payments to the property owner. Furthermore, FEMA shall not consider it an eligible contribution to the non-Federal cost share requirement and shall not financially participate in that component of a project if land or easements are obtained involuntarily. 9) Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 – Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re-budgeted to another direct cost category and identified. Post-award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. 10) Sub-Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 (DRRA), amended Section 324 of the Xxxxxxxx Act, and the Hazard Mitigation Grant Match Program Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under HMGMP to Sub-Recipients to efficiently manage the grant and complete activities in a timely manner. a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable, allocable and necessary to the overall project. b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses associated with this specific project and shall have adequate documentation. c) SRMC cannot exceed 5% of the total project costs awarded. d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation. e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis. f) If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA Project Number 4068project number 4399-08112-AR, and shall be reported under 4399-112-A. It is funded under HMGMP, FEMA-4399-DR-FL and must adhere to all program guidelines established for the HMGP HMGMP in accordance with the PAS Operational Agreement for Disaster 40684399. The FEMA awarded this project awarded by FEMA on June 9February 15, 2015, the Sub-Recipient Agreement executed on August 24, 2015, the Rescopement (expansion) awarded on April 14, 2017, with the budget increase April 19, 2016, 2024; and the Period of Performance (POP) for this project shall end on November 30, 2019.on