Item R5 � R.5
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: R.5
Agenda Item Summary #7125
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Julie Cuneo (305) 292-4460
No
AGENDA ITEM WORDING: Ratification of federally-funded subaward and grant agreement
between Monroe County and Florida Division of Emergency Management(FDEM) for CARES Act
Funding.
ITEM BACKGROUND:
The CARES Act, section 601(d) of the Social Security Act, created the Coronavirus Relief Fund
(CRF) and provided Florida with $8,328,221,072--55% of which was allocated to the State of
Florida and 45%was allocated to counties. The United States Department of the Treasury disbursed
$2,472,413,692 of these funds directly to counties with a population in excess of 500,000. A
remaining balance of$1,275,285,790 was reverted to the State of Florida from the local government
allocation, for the State to disburse to counties with populations less than 500,000.
The agreement shall be effective March 1, 2020 and ends on December 30, 2020. This is a
reimbursement agreement with an upfront distribution of 25% of the total funding amount. The
State, through the Division, will make an initial disbursement to the county of$3,250,835.00, which
is 25% of the total amount allocated to the county according to the United States Department of the
Treasury. The remaining 75% of the total funding amount will be disbursed on a reimbursement
basis.
Subrecipients may use payments for any expenses eligible under section 601(d) of the Social
Security Act, specifically the Coronavirus Relief Fund and further outlined in US Treasury
Guidance. Counties should provide funding to municipalities within their jurisdiction upon request
for eligible expenditures under the CARES Act.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
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R.5
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Monroe County CARES Act Funding Agreement 61520 SIGNED
FINANCIAL IMPACT:
Effective Date: March 1, 2020
Expiration Date: December 30, 2020
Total Dollar Value of Contract: $3,250,835.00 (25% of the total funding amount)—remaining
75%will be on a reimbursement basis
Total Cost to County: To be Determined
Current Year Portion:
Budgeted:
Source of Funds: Grant Fund 125
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: Yes
County Match: No Match
Insurance Required: N/A
Additional Details:
An initial disbursement of$3,250,835.00 will be made to the county. This represents 25% of the
total amount allocated to the county according to the United States Department of the Treasury.
Allocation of this disbursement to be determined. Any additional amounts will be disbursed on a
reimbursement basis.
REVIEWED BY:
Christine Limbert Completed 07/07/2020 3:55 PM
Tina Boan Completed 07/07/2020 4:06 PM
Maria Slavik Completed 07/07/2020 4:36 PM
Kathy Peters Completed 07/07/2020 4:43 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
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Agreement Number: Y2287
CARES ACT FUNDING AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division" or "Recipient"), and Monroe
County, (hereinafter referred to as the "County" or"Subrecipient"). E
This agreement is entered into based on the following representations:
A. The Subrecipient represents that it is fully qualified and eligible to receive this funding for the .—
purposes identified herein; and
B. The Division has received these funds from the U.S. Department of Treasury through the State of
Florida and has the authority to distribute these funds to the Subrecipient upon the terms and
conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
D. The CARES Act, section 601(d) of the Social Security Act, created the Coronavirus Relief Fund
(CRF)and provided Florida with$8,328,221,072; 55%of which was allocated to the State of Florida �?
and 45%was allocated to counties.
E. The United States Department of the Treasury disbursed $2,472,413,692 of these funds directly to
counties with a population in excess of 500,000.
F. A remaining balance of $1,275,285,790 was reverted to the State of Florida from the local
government allocation, for the State to disburse to counties with populations less than 500,000.
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Therefore, the Division and the Subrecipient agree to the following:
(1) LAWS, RULES, REGULATIONS, AND POLICIES
a. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled "Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards."
b. As required by section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that the
Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that must
be received and accepted in writing by the Division before payment or
reimbursement. Each deliverable must be directly related to the scope of work and
specify the required minimum level of service to be performed and the criteria for
evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Subrecipient
fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Subrecipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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vi. A provision specifying that any funds paid in excess of the amount to which the
Recipient is entitled under the terms and conditions of the agreement must be
refunded to the Division.
c. In addition to the foregoing, the Subrecipient and the Division will be governed by all
applicable State and Federal laws, rules and regulations, including those identified in
Attachment B. Any express reference in this Agreement to a particular statute, rule, or
regulation in no way implies that no other statute, rule, or regulation applies.
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(2) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Program Manager
will be responsible for enforcing performance of this Agreement's terms and conditions and
will serve as the Division's liaison with the Subrecipient. As part of his/her duties, the
Program Manager for the Division will monitor and document Subrecipient performance.
b. The Division's Program Manager for this Agreement is:
Wesley Sapp
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850)815-4431
Email: Wesley.Sapp@em.myflorida.com
c. The name and address of the representative of the Recipient responsible for the
administration of this Agreement is:
Allison McLeary
Division of Emergency Management
2555 Shumard Oak Blvd
Telephone: 850-815-4455
Email: Allison.McLeary@em.myflorida.com
d. In the event that different representatives or addresses are designated by either party after LO
execution of this Agreement, notice of the name, title and address of the new
representative will be provided to the other party.
(3) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(4) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(5) MODIFICATION
This agreement may not be modified.
(6) PERIOD OF AGREEMENT
This Agreement shall be effective on March 1,2020 and shall end on December 30,2020,
unless terminated earlier in accordance with the provisions of Paragraph (15) TERMINATION. In
accordance with section 215.971(1)(d), Florida Statutes, the Subrecipient may expend funds authorized by
this Agreement "only for allowable costs resulting from obligations incurred during the
specific agreement period."
(7) FUNDING
a. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature,and subject to any modification
in accordance with either Chapter 216, Florida Statutes, and the Florida Constitution.
b. This is a modified reimbursement agreement. The State, through the Division, will make
an initial disbursement to the county of 25% of the total amount allocated to the county
according to the United States Department of the Treasury. Any additional amounts will be
disbursed on a reimbursement basis.
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c. Subrecipients may use payments for any expenses eligible under section 601(d) of the
Social Security Act, specifically the Coronavirus Relief Fund and further outlined in US
Treasury Guidance. Payments are not required to be used as the source of funding of last
resort.
d. The Division's Program Manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the period
of agreement and produce a final reconciliation report. The final report must identify any
funds paid in excess of the expenditures incurred by the Subrecipient.
e. For the purposes of this Agreement, the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an incorrect
amount (including overpayments and underpayments) under statutory,
contractual, administrative, or other legally applicable requirements.
f. As required by the Reference Guide for State Expenditures, reimbursement for travel must
be in accordance with section 112.061, Florida Statutes, which includes submission of the
claim on the approved state travel voucher.
g. Counties should provide funding to municipalities within their jurisdiction upon request for
eligible expenditures under the CARES Act. However, counties are responsible for the
repayment of funds to the Division for expenditures that the Division or the Federal
government determines are ineligible under the CARES Act.
h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used
to cover expenses that'—
i. are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019 (COVID-19);
ii. were not accounted for in the budget most recently approved as of March 27,2020
(the date of enactment of the CARES Act)for the State or government; and
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iii. were incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020. Funds transferred to Subrecipient must qualify as a
necessary expenditure incurred due to the public health emergency and meet the
other criteria of section 601(d) of the Social Security Act. Such funds would be
subject to recoupment by the Treasury Department if the funds have not been used
in a manner consistent with section 601(d)of the Social Security Act.
i. Examples of Eligible Expenses include, but are not limited to:
i. Medical expenses
ii. Public health expenses
iii. Payroll expenses for public safety, public health, health care, human services, and
similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
iv. Expenses of actions to facilitate compliance with COVID-19 related public health
measures.
v. Expenses associated with the provision of economic support in connection with
the COVID-19 public health emergency.
vi. Any other COVID-19— related expenses reasonably necessary to the function of
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government that satisfy the fund's eligibility criteria. c,
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(8) INVOICING
a. In order to obtain reimbursement for expenditures in excess of the initial 25% o
disbursement, the Subrecipient must file with the Division Grant Manager its request for
reimbursement and any other information required to justify and support the payment
request. Payment requests must include a certification, signed by an official who is
authorized to legally bind the Subrecipient, which reads as follows:
1 https:Hhome.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-
Local-and-Tribal-Governments.pdf
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By signing this report, I certify to the best of my knowledge and belief that
the report is true, complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and objectives set
forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud,
false statements, false claims or otherwise. (U.S. Code Title 18, Section
1001 and Title 31, Sections 3729-3730 and 3801-3812).
b. Reimbursements will only be made for expenditures that the Division provisionally
determines are eligible under the CARES Act. However, the Division's provisional
determination that an expenditure is eligible does not relieve the county of its duty to repay
the Division for any expenditures that are later determined by the Division or the Federal
government to be ineligible.
(9) RECORDS
a. As a condition of receiving state or federal financial assistance, and as required by sections
20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General
of the State of Florida, the Florida Auditor General, or any of their authorized
representatives, shall enjoy the right of access to any documents, financial statements,
papers, or other records of the Subrecipient which are pertinent to this Agreement, in order
to make audits, examinations, excerpts, and transcripts. The right of access also includes
timely and reasonable access to the Subrecipient's personnel for the purpose of interview
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and discussion related to such documents. For the purposes of this section, the term
"Subrecipient" includes employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement.
b. The Subrecipient shall maintain all records related to this Agreement for the period of time
specified in the appropriate retention schedule published by the Florida Department of
State. Information regarding retention schedules can be obtained at:
http://dos.myflorida.com/library-archives/records-management/generaI-records-
schedules/.
c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides
the citizens of Florida with a right of access to governmental proceedings and mandates
three, basic requirements: (1) all meetings of public boards or commissions must be open
to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of
the meetings must be taken and promptly recorded.
d. Florida's Public Records Law provides a right of access to the records of the state and local
governments as well as to private entities acting on their behalf. Unless specifically
exempted from disclosure by the Legislature, all materials made or received by a
governmental agency(or a private entity acting on behalf of such an agency)in conjunction
with official business which are used to perpetuate, communicate, or formalize knowledge
qualify as public records subject to public inspection.
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IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard
Oak Boulevard, Tallahassee, FL 32399.
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(10)AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As defined
by 2 C.F.R. §200.49, "GAAP has the meaning specified in accounting standards issued by
the Government Accounting Standards Board (GASB) and the Financial Accounting
Standards Board (FASB)."
b. When conducting an audit of the Subrecipient's performance under this Agreement, the
Division must use Generally Accepted Government Auditing Standards ("GAGAS"). As
defined by 2 C.F.R. §200.50, "GAGAS, also known as the Yellow Book, means generally
accepted government auditing standards issued by the Comptroller General of the United
States, which are applicable to financial audits."
c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of and strict compliance with this Agreement, the Subrecipient will be
held liable for reimbursement to the Division of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Division
has notified the Subrecipient of such non-compliance.
d. The Subrecipient must have all audits completed by an independent auditor, which is
defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public
accountant licensed under chapter 473."The independent auditor must state that the audit
complied with the applicable provisions noted above. The audits must be received by the
Division no later than nine months from the end of the Subrecipient's fiscal year.
e. The Subrecipient must send copies of reporting packages required under this paragraph
directly to each of the following:
i.
The Division of Emergency Management
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DEMSingle_Audit@em.myflorida.com
OR E
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ii.
The Auditor General
Room 401, Claude Pepper Building c,
111 West Madison Street
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Tallahassee, Florida 32399-1450 U
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f. Fund payments are considered to be federal financial assistance subject to the Single Audit
Act and the related provisions of the Uniform Guidance.
(11)REPORTS
a. The Subrecipient must provide the Division with quarterly reports and a close-out report.
These reports must include the current status and progress of the expenditure of funds
under this Agreement, in addition to any other information requested by the Division.
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b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter
of the program year and must be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are March 31,
June 30, September 30, and December 31. The first quarterly report due pursuant to this
agreement is due for the quarter ending September 30, 2020.
c. The close-out report is due sixty (60) days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever occurs first.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they
are completed or may take other action as stated in Paragraph (15) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance
with the Budget and Scope of Work.
e. The Subrecipient must provide additional program updates or information that may be
required by the Division.
(12)MONITORING
In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS
above, monitoring procedures may include, but not be limited to, on-site visits by Division
staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and
cooperate with any monitoring procedures/processes deemed appropriate by the Division.
In the event that the Division determines that a limited scope audit of the Subrecipient is
appropriate, the Subrecipient agrees to comply with any additional instructions provided by
the Division to the Subrecipient regarding such audit. The Subrecipient further agrees to
comply and cooperate with any inspections, reviews, investigations or audits deemed
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necessary by the Florida Chief Financial Officer or Auditor General. In addition,the Division
will monitor the performance and financial management by the Subrecipient throughout the
period of agreement to ensure timely completion of all tasks.
(13)LIABILITY
Any Subrecipient which is a state agency or subdivision, as defined in section 768.28,
Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions
which result in claims or suits against the Division, and agrees to be liable for any damages
proximately caused by the acts or omissions to the extent set forth in section 768.28,
Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by
any party to which sovereign immunity applies. Nothing herein will be construed as consent
by a state agency or subdivision of the State of Florida to be sued by third parties in any
matter arising out of this Agreement.
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(14)DEFAULT
a. If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds will, if the Division elects, terminate and the
Division has the option to exercise any of its remedies set forth in Paragraph (15)
REMEDIES. However, the Division may make payments or partial payments after any
Events of Default without waiving the right to exercise such remedies, and without
becoming liable to make any further payment.
b. If any warranty or representation made by the Subrecipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or
if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this
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Agreement or any previous agreement with the Division and has not cured them in timely
fashion, or is unable or unwilling to meet its obligations under this Agreement;
c. If material adverse changes occur in the financial condition of the Subrecipient at any time
during the period of agreement, and the Subrecipient fails to cure this adverse change
within thirty(30) days from the date written notice is sent by the Division.
d. If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
e. If the Subrecipient has failed to perform and complete on time any of its obligations under
this Agreement.
(15)REMEDIES
If an Event of Default occurs, then the Division may, after thirty(30)calendar days written notice to
the Subrecipient and upon the Subrecipient's failure to cure within those thirty (30)days, exercise
any one or more of the following remedies, either concurrently or consecutively:
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a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30)days
prior written notice of the termination. The notice shall be effective when placed in the
United States,first class mail, postage prepaid, by registered or certified mail-return receipt
requested, to the address in paragraph (2)CONTACT herein; �?
b. Begin an appropriate legal or equitable action to enforce performance of this Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Subrecipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. request additional information from the Subrecipient to determine the reasons for LO
or the extent of non-compliance or lack of performance,
ii. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for
any activities in question,
iv. require the Subrecipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible, or
v. request the Department of Revenue to withhold from any future payment due to
the county under the Revenue Sharing Act of 1972 described in Part II of Chapter
218, Florida Statutes, or the Participation in Half Cent Sales Tax Proceeds
described in Part IV of Chapter 218, Florida Statutes, an amount equal to any
repayment due to the Division under this Agreement.
f. Exercise any other rights or remedies which may be available under law. Pursuing any of
the above remedies will not stop the Division from pursuing any other remedies in this
Agreement or provided at law or in equity. If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Subrecipient, it will not affect,
extend or waive any other right or remedy of the Division, or affect the later exercise of the
same right or remedy by the Division for any other default by the Subrecipient.
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(16)TERMINATION
a. The Division may terminate this Agreement for cause after thirty (30) days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws
and regulations, failure to perform on time, and refusal by the Subrecipient to permit public
access to any document, paper, letter, or other material subject to disclosure under
Chapter 119, Florida Division of Emergency Management Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in its
sole discretion, that continuing the Agreement would not produce beneficial results in line
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with the further expenditure of funds, by providing the Subrecipient with thirty(30)calendar
days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement.The amendment will state the effective date of the
termination and the procedures for proper closeout of this Agreement.
d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations
for the terminated portion of this Agreement after they have received the notification of
termination. The Subrecipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient
will not be relieved of liability to the Division because of any breach of this Agreement by
the Subrecipient. The Division may, to the extent authorized by law, withhold payments to
the Subrecipient for the purpose of set-off until the exact amount of damages due the
Division from the Subrecipient is determined.
(17)ATTACHEMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments will control, but only to the extent of the
conflict or inconsistency.
(18)PAYMENTS
a. The State of Florida, through the Division, will make a disbursement of each County
government's allocation as calculated by the United States Department of the Treasury.
Funding for Monroe County is in the amount of$3,250,835.00. CD
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(19)REPAYMENTS
a. All refunds, return of improper payments, or repayments due to the Division under this
Agreement are to be made payable to the order of"Division of Emergency Management," E
and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned
to the Division for collection, Subrecipient shall pay the Division a service fee of$15.00 or
5% of the face amount of the returned check or draft, whichever is greater.
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(20)MANDATED CONDITIONS AND OTHER LAWS
a. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Subrecipient in this
Agreement, in any later submission or response to a Division request,or in any submission
or response to fulfill the requirements of this Agreement. All of said information,
representations, and materials is incorporated by reference. The inaccuracy of the m
submissions or any material changes will, at the option of the Division and with thirty (30)
days written notice to the Subrecipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Subrecipient.
b. This Agreement must be construed under the laws of the State of Florida, and venue for
any actions arising out of this Agreement will be in the Circuit Court of Leon County. If any
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provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then the provision is null and void to the extent of the conflict, and is
severable, but does not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement will survive the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and
private entities on the basis of disability in employment, public accommodations,
transportation, State and local government services, and telecommunications.
f. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of$25,000.00 for a period
of thirty-six (36) months from the date of being placed on the convicted vendor list or on
the discriminatory vendor list.
g. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification
in accordance with Chapter 216, Florida Statutes, or the Florida Constitution.
h. All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
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i. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida
Statutes.
j. The Division reserves the right to unilaterally cancel this Agreement if the Subrecipient
refuses to allow public access to all documents, papers, letters or other material subject to
the provisions of Chapter 119, Florida Statutes,which the Subrecipient created or received
under this Agreement.
k. If the Subrecipient is allowed to temporarily invest any advances of funds under this
Agreement, they must use the interest earned or other proceeds of these investments only
to cover expenditures incurred in accordance with section 601(d)of the Social Security Act
and the Guidance on eligible expenses. If a government deposits CRF payments in a
government's general account, it may use those funds to meet immediate cash
management needs provided that the full amount of the payment is used to cover
necessary expenditures. Fund payments are not subject to the Cash Management
Improvement Act of 1990, as amended. The State of Florida will not intentionally award
publicly-funded contracts to any contractor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in 8 U.S.C.
Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
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Division shall consider the employment by any contractor of unauthorized aliens a violation U
of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment
provisions contained in Section 274A(e) of the INA will be grounds for unilateral
cancellation of this Agreement by the Division. o
I. The Subrecipient is subject to Florida's Government in the Sunshine Law(Section 286.011,
Florida Statutes)with respect to the meetings of the Subrecipient's governing board or the
meetings of any subcommittee making recommendations to the governing board. All of
these meetings must be publicly noticed, open to the public, and the minutes of all the
meetings will be public records, available to the public in accordance with Chapter 119,
Florida Statutes.
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m. All expenditures of state or federal financial assistance must be in compliance with the
laws, rules and regulations applicable to expenditures of State funds, including but not
limited to, the Reference Guide for State Expenditures.
n. This Agreement may be charged only with allowable costs resulting from obligations
incurred during the period of agreement.
o. Any balances of unobligated cash that have been advanced or paid that are not authorized
to be retained for direct program costs in a subsequent period must be refunded to the
Division.
p. If the purchase of the asset was consistent with the limitations on the eligible use of funds
provided by section 601(d)of the Social Security Act,the Subrecipient may retain the asset.
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject
to the restrictions on the eligible use of payments from the Fund provided by section 601(d)
of the Social Security Act.
(21)LOBBYING PROHIBTION
a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying
the Legislature, the judicial branch, or a state agency."
b. No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
d. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
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appropriations pursuant to a contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying
the Legislature, the judicial branch, or a state agency."
e. No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
i. The Subrecipient certifies, by its signature to this Agreement,that to the best of his
or her knowledge and belief:
ii. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Subrecipient ,to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
iii. If any funds other than Federal appropriated funds have been paid or will be paid
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to any person for influencing or attempting to influence an officer or employee of U
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,grant,
loan or cooperative agreement, the Subrecipient must complete and submit o
Standard Form-LLL, "Disclosure of Lobbying Activities."
iv. The Subrecipient must require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements)and that all Subrecipient s shall
certify and disclose.
v. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
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by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more
than $100,000 for each such failure.
(22)LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of
this Agreement. The Subrecipient also certifies that the undersigned person has the
authority to legally execute and bind the Subrecipient to the terms of this Agreement.
(23)ASSURANCES
The Subrecipient must comply with any Statement of Assurances incorporated as
Attachment C.
(24)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or
modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal
Government or borrowed on the credit of the Federal Government pursuant to a grant, �?
contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program
involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
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The contractor will not discriminate against any employee or applicant for employment
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because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
i. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
iii. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
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iv. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
vi. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
vii. In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
viii. The contractor will include the portion of the sentence immediately preceding
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paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to anyCD
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the contractor may request the United States
to enter into such litigation to protect the interests of the United States.
(25)COPELAND ANTI-KICKBACK ACT
a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate
or cause to be incorporated into any contract for construction work,or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
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iii. Breach. A breach of the contract clauses above may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. §5.12.
(26)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Subrecipient,with the funds authorized by this Agreement, enters into a contract that
exceeds $100,000 and involves the employment of mechanics or laborers, then any such
contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702
of the Act, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation.
(27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that
exceeds$150,000, then any such contract must include the following provision: CD
i. Contractor agrees to comply with all applicable standards, orders or regulations LO
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report
violations to FEMA and the Regional Office of the Environmental Protection
Agency (EPA).
(28)SUSPENSION AND DEBARMENT
a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such the contractor is required to verify that none of the
contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined
at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or
disqualified (defined at 2 C.F.R. § 180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000,subpart C and must include a requirement to comply with these regulations
in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon by the Division.
If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to
the Division, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
(29)BYRD ANTI-LOBBYING AMENDMENT
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a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
i. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the Subrecipient.
(30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods
or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
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and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency
of the Department of Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (i). through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the
solicitation or award of a contract to these types of firms. Rather, the requirement only
imposes an obligation to carry out and document the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Subrecipient must take; the requirements do not preclude the Subrecipient from
undertaking additional steps to involve small and minority businesses and women's
business enterprises.
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d. The requirement to divide total requirements, when economically feasible, into smaller U
tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Subrecipient to break a single
project down into smaller components in order to circumvent the micro-purchase or small o
purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project
splitting").
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SUB-RECIPIENT:
Name and title: Heather Carruthers Mayor
Date:
FID#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Allison Digitally signed by Allison McLeary
DN:do-org,dc-fleoc,ou-DEM_Users,
ou-Recovery,ou-RecoveryCoordination, Uj
By: cn-Allison McLeary,
McLeary email-Allison.McLeary@em.myflorida.com Interim Bureau Chief
_ Date:2020.06.17 17:55:54-04'00'
Name and Title '✓
6-17-20 CD
Date: LO
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EXHIBIT 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project—
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance Title:
Catalog of State Financial Assistance Number:
cv
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Attachment A
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I,, am the Authorized Agent of Monroe County County ("County") and I certify that:
1. 1 have the authority on behalf of County to request grant payments from the State of Florida ("State")for federal
funds appropriated pursuant to section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act, Pub. L. No. 116-136, div. A,Title V(Mar. 27, 2020).
2. 1 understand that the State will rely on this certification as a material representation in making grant payments to the
County.
3. 1 acknowledge that County should keep records sufficient to demonstrate that the expenditure of funds it has
received is in accordance with section 601(d) of the Social Security Act.
4. 1 acknowledge that all records and expenditures are subject to audit by the United States Department of Treasury's
Inspector General, the Florida Division of Emergency Management, and the Florida State Auditor General, or designee.
5. 1 acknowledge that County has an affirmative obligation to identify and report any duplication of benefits. I `✓
understand that the State has an obligation and the authority to deobligate or offset any duplicated benefits.
6. 1 acknowledge and agree that County shall be liable for any costs disallowed pursuant to financial or compliance
audits of funds received. CD
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7. 1 acknowledge that if County has not used funds it has received to cover costs that were incurred by December 30,
2020, as required by the statute,those funds must be returned to the United States Department of the Treasury.
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8. 1 acknowledge that the County's proposed uses of the funds provided as grant payments from the State by federal
appropriation under section 601 of the Social Security Act will be used only to cover those costs that:
a. are necessary expenditures incurred due to the public health emergency and governor's disaster declaration on
March 13, 2020 with respect to the Coronavirus Disease 2019 (COVID-19);
b. were not accounted for in the budget most recently approved as of March 27, 2020,for County; and
c. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020.
In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction has
incurred eligible expenses between March 1, 2020 and the date noted below.
Name and title:
Date:
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Attachment A-CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned sub-recipient, Monroe County, certifies, to the best of his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Form— LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative W
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31
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U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The sub-recipient, Monroe County certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, sub-recipient understands and agrees that the provisions of 31 U.S.C. Sec.
3801 et seq. apply to his certification and disclosure, if any.
Name and title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Digitally signed by Allison McLeary
Allison McLeary DN dc=org,dc=fleoc,ou=DEM_llisoUsers,McLeary,
email—overyCoo son.Mcrdinatiom.myAllison McLeary, Interim Bureau Chief
email=All isoaMcLea ry@em.myflo rida.co m
Date:2020.06.17 17:56:58-04'00' W
By: o
Name and title
6-17-20
Date:
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Attachment B
PROGRAM STATUTES AND REGULATIONS
42 USC 601(d) CARES Act Creation of the Coronavirus Relief Fund (CRF)
Section 215.422, Florida Statutes Payments, warrants, and invoices; processing time limits;
dispute limitation; agency or judicial branch compliance
Section 215.971, Florida Statutes Agreements funded with federal and state assistance
Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying
prohibited
CFO MEMORANDUM NO. 04 (2005-06) Compliance Requirements for Agreements
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