CN-310000-P8279-A4.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

THIS IS NOT AN AMENDMENT

This attachment is a Task Work Order that was used to encumber funds in the amount of $3,000,000.00 for contract number 18-PA-AT-14-00-22-279, previously entered into by the State of Florida, Division of Emergency Management and Thomas Howell Ferguson P.A., an entity duly authorized to conduct business in the State of Florida.

Ron DeSantis Governor

Contract 18-PA-AT-14-00-22-279 Summary (Irma/DR4337):

Thomas Howell Ferguson

Primary contacts

Steve Stevens: (850) 521-3149, sstevens@thf-cpa.com

Jeff Barbacci: (850) 521-3146, jfb@thf-cpa.com

Contract #: 18-PA-AT-14-00-22-279

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: #B2A08E

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

Amount: $2,068,128.00

Change Order/TO #1 (PRF 320-395): Revised staffing matrix to align positions w/ workload. Total PO amount decreased to $2,056,336.00.

PO 2: #B3785A

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

Amount: $4,788,672.00

TO #2: Amount changed to $4,787,672.00

TO #3: New POP, 1/1/19 to 6/30/19; PO dollar amount of $8,667,232.00

PO 3: #B57DEE

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

Amount: $2,675,636.00

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

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

Ron DeSantis Governor

Change Order #3: PO Increase; dollar amount of PO increased by $4,121,487.00 for a new total of $6,797,123.00

Task Order THF.I.20-1:

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

• Encumbrance amount: $8,894,704.00

• Extended TWO Period of Performance to July 1, 2020 - December 31, 2020 and encumbered funds in the amount of $8,104,864.00.

Task Order THF.I.21-2:

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

• Encumbrance amount: $3,000,000.00

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

Ron Desantis Governor

TH

By

Jared Moskowitz Director

December 14,2O2O

RE: Task Work Order - Encumbrance (TWO - THF.l.21-2)

Description: Encumbrance of Funds for New Period of Performance

Period of Performance: January L,2O2I - June 30,2021 Encumbrance Amount: S3,000,000.00 Contract N o. : 18-PA-AT -14-00-22-27 I Disaster: (DR4337) lrma Contractor: Thomas Howell Ferguson P.A.

This Task Work Order is issued pursuant to and in accordance with Contract number 18-PA-AT-14-

OO-22-27g previously entered into by the State of Florida, Division of Emergency Management and

Thomas Howell Ferguson P.A., an entity duly authorized to conduct business in the State of Florida.

Thomas Howell Ferguson P.A. is hereby authorized to proceed with work to be performed between

Januarv L. 202L and June 30. 2021" to be paid upon completion of deliverables as outlined in the

Scope of Work from the previously executed contract referenced above. This Scope of Work is attached for reference. Funds for work to be performed during this period are hereby encumbered in the amount ofl-3,000.000.00. under the above referenced contract number.

Please acknowledge concurrence by signing and returning to:

Allison Mcleary Florida Division of Emergency Management 2555 Shumard Oak BLVD

Ta I la hassee, FL 32399 -7 OLg

OMAS HOWELL FERG P.A.

rized Sign ature) (Date)

DIVISION OF EMERGENCY MANAGEMENT

(Authorized Signature) (Date)

(Print/Type Name)

Title:

J t (Print/Type Name)

Title: E

Federal Tax lD# 51- 9s6Eto

Tel: 8 www.FloridaDisaster.orq

DIVISION HEADQUARTERS

2555 Shumard Oak Boulevard Tallahassee. FL 32399-21 00

50-41 3-99 69 . Fax: 850-488-1016 STATE LOGISTICS RESP ONSE CENTER 2702 Directors Row

Orlando, FL 32809-5631

Kevin Guthrie 12.28.20

Kevin Guthrie

Deputy Director

EXHIBIT A

SCOPE OF WORK

Task Order #5

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 Subrecipients (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 with Thomas Howell Ferguson P.A., for the following service:

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

o As defined by 44 CFR §206.201 (I), the term "project" means "a logical grouping of work required as a result of the declared major disaster or emergency."

o The phrase "DR-4337 projects" includes projects under FEMA's Public

Assistance ("PA") Program for Hurricane Irma.

o The term "PW" refers to the scope of work and cost estimate for a project documented on FEMA Form 90-91.

o For the purposes of this Agreement, the term "PW approval" means the same thing as "PW obligation."

o 44 CFR §206.201 (m) defines the term project approval as "the process in which the Regional Administrator, or designee, reviews and signs an approval of work and costs on a Project Worksheet or on a batch of

Project Worksheets. Such approval is also an obligation of funds to the Grantee."

o Under this Agreement, the Contractor may provide assistance once a

PW enters the stage in the approval/obligation process known as the

"State Review Queue."

o The Contractor may assist with the modification of

• A PW in the "State Review Queue"; or,

• An approved PW (through a new or subsequent version).

o PW modifications may involve, but are not limited to:

• Applicant eligibility;

• Work eligibility;

• Costs;

• Scope of work; and/or,

• Hazard mitigation measures under section 406 of the Stafford

Act.

o This Agreement does not authorize the Contractor to engage in PW development.

• As stated in 44 CFR §206.202(d)(1 ), PW development is the responsibility of the applicant: "An applicant's authorized local representative is responsible for representing the applicant and for ensuring that the applicant has identified all eligible work and submitted all costs for disaster-related damages for funding."

o To the extent that an applicant needs assistance during PW development, the applicant can seek that assistance from:

• A contractor hired by the applicant;

• FEMA; or,

• Division personnel operating outside the scope of this agreement.

• See 44 CFR §206.202(d)(1)(i): "[FEMA] or the applicant, assisted by the State as appropriate, will prepare a Project

Worksheet (FEMA Form 90-91) for each project. The Project

Worksheet must identify the eligible scope of work and must include a quantitative estimate for the eligible work.

TASKS:

Generally

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

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

• Evaluation of Subrecipient performance, to include but not limited to:

o Actively monitoring whether requests and responses are submitted or provided within program guidelines and required timelines; and, o Auditing the Subrecipient for compliance with applicable laws, rules, regulations, and policies; and,

• Processing requests for reimbursement; and,

• Project closeout.

Specifically

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

• Confirmation that a site-specific Project qualifies for reimbursement under

FEMA's Public Assistance (PA) Program;

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

• 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 are necessary and qualify as:

o Allowable (see 2 CFR §200.403);

o Reasonable (see 2 CFR §200.404); and, o Allocable (see 2 CFR §200.405);

• 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; and, 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 worked in a manner that fully supports Federal reimbursement for the Division, at the Division's discretion (i.e. Direct Administrative Cost);

• Maintaining project logs that detail an up-to-date status of any project [see 44 CFR §206.201(I)], to include:

o Subrecipient's name;

o Grant Manager's name;

o PW number;

o Date of PW obligation;

o Dates of project reviews;

o Project completion %;

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

• Closeout of projects within 90 days of a completed final inspection.

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.

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

Area 1:

FDEM Region 1 & Region 2, which consists of the following counties:

Bay, Calhoun, Escambia, Gulf, Homes, Jackson, Okaloosa, Santa Rosa, Walton, Washington, Columbia, Dixie, Franklin, Gadsden, Hamilton, Jefferson, Lafayette, Leon, Liberty, Madison, Suwannee, Taylor, & Wakulla.

Area 2:

FDEM Region 3, which consists of the following counties: Alachua, Baker, Bradford, Clay, Duval, Flagler, Gilchrist, Levy, Marion, Nassau, Putnam, St. Johns, & Union.

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) business day of each month, the Contractor shall submit to the Division a staffing matrix in the form of an organizational chart that lists all of staff performing tasks listed above to include staff names, position title, and contact information for each staff member.

This report must include a monthly invoice that clearly states the following:

• Name of contractor;

• invoice number;

• breakdown of cost by position title, including staff member name(s) for each title;

• total hours worked by staff person;

• total amount to be paid for each staff person; and

• grand total for month.

Each staff member must have a timesheet(s) that covers the invoice period. Each day worked must be a separate entry and include the numbers of hours worked for this invoice period. Each timesheet must be signed (manually or electronically) by the staff member as well as their supervisor.

Deliverable #2:

On the fifth (5) business 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:

• Sub-Recipient’s name;

• Grant manager’s name;

• PW number;

• Date of PW obligation;

• Dates of project reviews;

• Projection completion %;

• Record of all telephone calls;

• Status of final inspection; and,

• Any other relevant comments/notes.

This report will be submitted on the template provided as Attachment B.

Deliverable #3:

On the fifth (5) business day of each month, the Contractor shall submit to the Division a list of closed projects that clearly shows:

• The number of projects closed during the preceding month; and,

• The number of projects closed to date.

This report will be submitted on the template provided as Attachment C.

Minimum Performance Level:

At a minimum, all work performed under this Agreement must qualify for Federal reimbursement under FEMA’s Direct Administrative Cost (“DAC”) policy guidelines.

Method of Compensation:

Contractor shall submit monthly invoices with documentation for completed deliverables as outlined in the scope of work.

Contract Manager:

Allison McLeary, Contract Manager Florida Division of Emergency Management 850-815-4417 Allison.McLeary@em.myflorida.com

PERIOD OF PERFORMANCE:

January 1, 2020 – June 30, 2020

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 of a completed final inspection, 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 the Division’s receipt of an accurate, Subrecipient signed, Final Reconciliation Report (FRR) or Final Inspection Report (FIR).

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 seek reimbursement from the Contractor for any hours billed that fail to qualify for Federal reimbursement.

mailto:Allison.McLeary@em.myflorida.com