CN-310000-P8277-A3.pdf

S TAT E O F F L O R I D A

D I V I S I O N O F E M E R G E N C Y M A N A G E M E N T Ron DeSantis Governor

Jared Moskowitz Director

Contract 18-PA-AT-14-00-22-277 Summary (Irma/DR4337):

KPMG LLP

Primary contacts

Heather Woodard: (850) 671-7108, hwoodard@KPMG.com

Anthony Monaco: (212) 872-6448, josealfaro@KPMG.com

Contract #: 18-PA-AT-14-00-22-277

Effective Date: 12/14/2017

Original Expiration Date: 12/14/2020

Renewal Expiration Date: 7/14/2022

Renewal #1: Renewal option pursuant to section 2.C of contract, new contract expiration date is 12 months past the underlying state-term contract expiration

(7/14/2022)

PO 1: #B2A092

Performance Period: 3/1/2018 – 6/30/2018

Amount: $1,919,936.00

TO #2: (Not scanned into J Drive) New PO for new FY

PO 2: #B37861

Performance Period: 7/1/2018 – 12/31/18

Amount: $4,102,747.00

TO #3: New POP, 1/1/19 to 6/30/19; PO dollar amount of $9,321,292.00

PO 3: #B57DFE

Performance Period: 7/1/2019 – 12/31/19

Amount: $3,045,968.00

Change Order #1: POP Modification, period reduced to end 9/30/19

Change Order #2: POP Extension; extended to 12/31/2019

Change Order #3: PO Increase; dollar amount of PO increased by $1,153,769.00 for a new total of $4,199,737.00

Task Order KPMG.I.20-1:

S TAT E O F F L O R I D A

D I V I S I O N O F E M E R G E N C Y M A N A G E M E N T Ron DeSantis Governor

Jared Moskowitz Director

• Performance period of 1/1/2020 – 6/30/2020

• Encumbrance amount: $16,136,192.00

• Extended TWO Period of Performance to July 1, 2020 - December

31,2020 and encumbered funds in the amount of $17,326,848.00.

Task Order KPMG.I.21-2:

• Performance period of 1/1/2021 – 6/30/2021

• Encumbrance amount: $16,963,584.00

Contract Number: 18-PA-AT-14-00-22-277

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

RENEWAL AGREEMENT

This Agreement is made and entered into __________, by and between the State of Florida, Division of Emergency Management, hereinafter called "the Division" and KPMG, LLP, duly authorized to conduct business in the State of Florida, hereinafter called the “Contractor.”

WHEREAS, on September 25, 2017, the Division published Request for Quote #:

RFQ-DEM-17-18-011 (the “RFQ”);

WHEREAS, the proposal submitted by the Contractor specified the price for renewal years;

WHEREAS, on December 14, 2017, the Division and the Contractor entered into Contract #18-PA-AT-14-00-22-277 (the “Contract”), whereby the Contractor agreed to provide the Division with the products and/or services requested through the RFQ;

WHEREAS, the Contract expired on December 14, 2020;

WHEREAS, pursuant to section 2.C of the Contract as well as section 287.057(13), Florida Statutes, the Contract can be renewed for a period of one (1) three (3) year term but cannot exceed twelve (12) months past the state-term contract expiration date;

WHEREAS, the current state term contract no. 973-000-14-02 is set to expire on July 15, 2021;

WHEREAS, the Division and the Contractor desire to renew the Contract with the period of performance starting on the date of execution and lasting through twelve (12) months after the expiration date of the underlying state term contract, including any extensions thereto;

WHEREAS, the Division and the Contractor agree that pricing for all renewal years shall be based on the renewal year price sheets submitted by the Contractor in its original proposal and incorporated in the Contract as Exhibit B; and

NOW, THEREFORE, the Division executes its renewal option pursuant to section 2.C of Contract #18-PA-AT-14-00-22-277; the new contract expiration date is twelve (12) months past the underlying state-term contract expiration.

IN WITNESS WHEREOF, the parties have executed this Agreement by their duty authorized officers on the day, month and year set forth above.

KPMG, LLP STATE OF FLORIDA DIVISION

OF EMERGENCY MANAGEMENT

BY: _________________________ BY: ________________________

Authorized Signature Authorized Signature

(Print/Type) (Date) (Print/Type) (Date)

Title: ________________________ Title: _______________________

Federal Tax ID# _______________

Deputy Director

01/27/2021

Kevin Guthrie Digitally signed by Kevin Guthrie DN: cn=Kevin Guthrie, o=FDEM, ou=Deputy Director, email=Kevin.Guthrie@em.myflorida.com, c=US Date: 2021.01.27 14:58:43 -05'00'

EXHIBIT A

SCOPE OF WORK

The purpose of this Agreement is to acquire professional Disaster Recovery Services for the Bureau of Recovery of the Florida Division of Emergency Management for Federal Stafford Act grant programs administered by the Federal Emergency Management Agency (“FEMA”). The Division as the recipient and pass-through entity for these funds is:

Accountable to FEMA for the use of Stafford Act grant funds; and, Responsible for disbursing Stafford Act grant funds to various Sub-Recipients (f.k.a.“Subgrantees”).

Under the authority outlined in Executive Order # 17-235, and as further outlined in DEM Emergency Order # 17-0001, the Division is contracting for the following service:

Comprehensive grants management for DR-4337 projects, beginning with Project Worksheet (“PW”) approval and continuing through the PW closeout.

TASKS:

The term “comprehensive grants management” includes the following, general tasks:

• Direct involvement in project worksheet approval (but not project worksheet development);

• Evaluation of Sub-Recipient performance;

• Processing requests for reimbursement;

• Auditing the Sub-Recipient for compliance with applicable laws, rules, regulations, and policies; and,

• Project closeout.

The general tasks listed above include the following, specific tasks:

• Confirmation that a site-specific Project qualifies for reimbursement under the PA Program;

• Confirmation that a site-specific Project falls under an appropriate category of Public Assistance;

• Confirmation that a site-specific Project includes all necessary supporting documentation;

• Confirmation that a site-specific Project clearly articulates an eligible scope of work;

• Verification of the percentage of project completion;

• Verification of expense eligibility, to include confirmation that all claimed expenses qualify as:

o Reasonable;

o Allocable; and, o Necessary;

• Reconciliation of eligible expenses against the amount of reimbursement claimed, to include confirmation of:

o Contractor and sub-contractor performance;

o Contract amounts billed;

o Contract amounts due;

o Contract amounts paid;

• Verification of compliance with laws and regulations, such as those dealing with:

o Methods of procurement;

o Bid solicitations;

o Bid evaluations;

o Performance bonds;

o Scope of work requirements;

o Cost analyses;

o Pricing;

o Contractor responsibility; and, o Mandatory contract provisions.

• Tracking hours work in a manner that fully supports Federal reimbursement for the Division (i.e. Direct Administrative Cost);

• Maintaining project logs that detail an up-to-date status of any project; to include:

o Sub-Recipient’s name;

o Grant manager’s name;

o PW number;

o Date of PW obligation;

o Dates of project reviews;

o Projection completion %;

o Record of all telephone calls; and, o Any other relevant comments/notes;

• Closeout of projects within 90 days of project work completion.

The term “DR-4337 projects” includes projects under FEMA’s Public Assistance (“PA”) Program for Hurricane Imra.

All tasks shall be performed under the direct supervision of the Division’s Designee. The Contractor may be required to work on site, as directed, as well as provide status updates upon request. The Contractor must supply computers to all staff. The Contractor will have access to office supplies and printers when working on site.

Management Decisions:

The Division acknowledges and agrees that the Contractor’s services may include advice and recommendations; but all decisions in connection with the implementation of such advice and recommendations shall be the responsibility of, and made by, the Division.

KPMG will not perform management functions or make management decisions for the Division.

All work performed under this agreement will be for the following Areas/Regions/Counties:

Area 6:

FDEM Region 7, which consists of the following counties:

Broward, Miami-Dade, Monroe, & Palm Beach.

The Division anticipates that all work under this contract shall be performed at the FEMA Joint Field Office in Orlando, Florida.

Deliverable #1:

On the fifth (5) day of each month, the Contractor shall submit staffing matrix that lists all of the staff performing the task listed above.

Deliverable #2:

On the fifth (5) day of each month, the Contractor shall provide for inspection all of the project logs required by the Task listed above. Each project log shall list the up-to-date status of a particular project; to include:

o Sub-Recipient’s name;

o Grant manager’s name;

o PW number;

o Date of PW obligation;

o Dates of project reviews;

o Projection completion %;

o Record of all telephone calls; and, o Any other relevant comments/notes.

Deliverable #3:

On the fifth (5) day of each month, the Contractor shall submit to the Division a list of closed projects that clearly shows: (1) the number of projects closed during the preceding month; and, (2) the number of projects closed to date.

Financial Consequences for Non-Performance:

If the Contractor fails to provide any Deliverable for any particular month, the Division shall impose a penalty equal to 1% of the amount that the Contractor bills the Division for that month.

If the Contractor fails to closeout a project within 90 days of the date the project work is completed, then the Division shall impose a penalty equal to 1% of the overall project amount. For the purposes of the financial consequence, a project is considered closed upon execution of the FEMA “P4” document.

If the hours billed by the Contractor do not qualify for Federal reimbursement (e.g.

Direct Administrative Costs or “DAC”), then the Division shall impose a penalty equal to the amount that failed to qualify for that Federal reimbursement. In other words, the Division shall not pay the Contractor for any hours billed that fail to qualify for Federal reimbursement.