10/21/2020 Agreement ;a •° w4 � Kevin Madok, CPA
' ts 3
e% Clerk of the Circuit Court&Comptroller—Monroe County, Florida
b'o„ =-
DATE: October 30, 2020
TO: Lisa Tennyson, Director
Legislative Altars
Lindsey Ballard, Aide
to the County Administrator
FROM: Pamela G. Hancoj C.
SUBJECT: October 21st BOCC Meeting
Attached is an electronic copy of each of die following items for your handling:
U6 Agreement with five food providers in Monroe County (I. Star of the Sea
Foundation, Inc; 2. Metropolitan Community Church Key West; 3. Florida Keys Outreach
Coalition, Inc.; 4. Burton Memorial United Methodist Church; and 5. Florida Keys Healthy Start
Coalition, Inc.) to respond to community's food insecurity needs arising from die COVID-19
public health and economic crisis,funded with Monroe County's CARES Act funds; and
authorization for County Administrator to enter into similar provider agreements for critical needs
using CARES Act funds in order to get programs and services funded as soon as possible turd
expend CARES Act funds before the deadline date of December 30, 2020.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PWROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Flodda 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AGREEMENT
This Agreement is made and entered into this 211" day of October 2020, between the BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board"
or"County," and Burton Memorial United Methodist Church, hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of
food assistance to struggling families, and
WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-
136), was signed into law on March 27, 2020 and created the Coronavirus Relief Fund, which
provides $150 billion in direct assistance for domestic governments; and
WHEREAS, on June 10, 2020, Governor DeSantis announced the State of Florida's plan to
disburse up to $1.275 billion in CARES Act funds to counties like Monroe County with a population
below 500,000; and
WHEREAS, the COUNTY and the Florida Division of Emergency Management (herein after
DIVISION) entered into a CARES Act funding agreement which distributes an initial disbursement
of 25% of the COUNTY's allocation; and
WHEREAS, the Agreement with the DIVISION provides that funds may only be used on
eligible expenditures as defined by the CARES Act, and related guidance from the U.S. Department
of the Treasury, and the COUNTY agrees to repay the State of Florida any portion of the disbursed
funds that is unused or not utilized in accordance with the CARES Act; and
WHEREAS, the COUNTY recognizes the provision of food to COVID-19 impacted persons
and families a necessary response to the coronavirus public health and economic crisis; and
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as
follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially
and satisfactorily providing food to persons and families negatively impacted by the COVID-19 crisis
and living in Monroe County, Florida, as provided for in this Agreement, shall pay to the PROVIDER
the sum of TWENTY-FOUR THOUSAND AND NO/100 DOLLARS ($24,000.00) for FY2021.
2. TERM AND TERMINATION OF AGREEMENT. This Agreement shall commence on
October 21, 2020, and terminate December 30, 2020, unless earlier terminated pursuant to other
provisions herein.
Either party to this Agreement can terminate this Agreement, with or without cause, by furnishing
thirty days prior written notice as provided for in Section 30.
3. PAYMENT. Payment may be made as frequently as weekly and as hereinafter set forth.
Reimbursement requests will be submitted to the Board via the Clerk's Finance Office.
Reimbursement request and supporting documentation must be acceptable to the Clerk.
Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules
and regulations as may govern the Clerk's disbursal of funds. The County shall only reimburse,
subject to the funded amounts below, those reimbursable expenses which are reviewed and
approved as complying with Monroe County Code of Ordinances, State laws and regulations and
Attachment A - Cares Act Coronavirus Relief Fund Eligibility Certification, Attachment B - Sample
Request for Reimbursement Requirements and Attachment C - The Agreement Between Monroe
County and the Division for CARES Act funding. Evidence of payment by the PROVIDER shall be in
Contract-Burton Memorial CARES Act-FY21;page 1
the form of a letter, summarizing the expenses, with supporting documentation attached (The
Clerk's Finance Office may accept Reimbursement Requests electronically, but only when submitted
and formatted in a PDF file with cover letter and attachments together in one (1) file. The PROVIDER
agrees to submit hard copies of Reimbursement Request and supporting documentation upon
request. The letter should contain a notarized certification statement. An example of a
reimbursement request cover letter is included as Attachment B.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments
in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term
of this agreement.
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to allow for continued reimbursement of expenditures for services specified herein,
this agreement may be terminated immediately at the option of the Board by written notice of
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services
or goods provided by the PROVIDER after the PROVIDER has received written notice of termination,
unless otherwise required by law.
S. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this agreement, shall become the property of Monroe County and shall be
accounted for pursuant to statutory requirements. Funding under this agreement shall not be used
to purchase capital assets.
RECORDKEEPING
6. RECORDS AND RIGHT TO AUDIT. PROVIDER shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the PROVIDER shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER.
Right to Audit. Availability of Records. The records of the parties to this Agreement relating to
the Project, which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if it can be made available; general ledger entries detailing cash and if
applicable trade discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller
(hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and
all other agreements, sources of information and matters that may in County's or the County Clerk's
reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any contract document (all foregoing hereinafter referred to as "Records")
shall be open to inspection and subject to audit and/or reproduction by County's representative
and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as,
but not limited to, counting employees at the job site, witnessing the distribution of payroll,
verifying payroll computations, overhead computations, observing vendor and supplier payments,
miscellaneous allocations, special charges, verifying information and amounts through interviews
and written confirmations with employees, Subcontractors, suppliers, and contractor's
representatives. The County Clerk possesses the independent authority to conduct an audit of
Records, assets, and activities relating to this Project. The right to audit provisions survives the
termination of expiration of this Agreement.
Contract-Burton Memorial CARES Act-FY21;page 2
In addition, if PROVIDER is required to provide an audit as set forth in in Section 8(e) below, the
audit shall be prepared by an independent certified public accountant (CPA) with a current license,
in good standing with the Florida State Board of Accountancy.
7. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and PROVIDER in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by PROVIDER.
8. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
County the following (items (a)-(j) must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status;
(b) Proof of registration with the Florida Department of Agriculture, as required by Florida
Statute 496.405, and the Florida Department of State, as require by Florida Statute
617.01201, or proof of exemption from registration as per Florida Statute 496.406.
(c) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(d) Evidence of annual election of Officers and Directors/Directors At-Large or bi-annual election
of Officers and Directors/Directors At-Large as applicable;
(e) Unqualified audited financial statements from the most recent fiscal year for all organizations
that expend $150,000 a year or more; if qualified, include a statement of deficiencies with
corrective actions recommended/taken; audit shall be prepared by an independent certified
public accountant (CPA) with a current license, in good standing with the Florida State Board
of Accountancy.
(f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(g) Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the
contract year.
RESPONSIBILITIES
9. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and provide the services outlined
in Attachment D to residents of Monroe County, Florida. The Provider agrees and understands that
this funding must strictly comply with the requirements of the CARES Act, Treasury Guidance and
State of Florida Division of Emergency Management.
The funding in this contract is to be utilized to provide food services to persons and families
negatively impacted by the COVID-19 crisis.
All funds must be expended by December 30, 2020.
10. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
11. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and PROVIDER and their respective legal
representatives, successors, and assigns.
Contract-Burton Memorial CARES Act-FY21;page 3
12. CODE OF ETHICS. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
13. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach or violation of the
provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
14. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
PROVIDER is an independent contractor and not an employee of the Board. No statement contained
in this agreement shall be construed so as to find the PROVIDER or any of its employees,
contractors, servants or agents to be employees of the Board.
COMPLIANCE ISSUES
IS. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provision of such services, including those now in effect and hereinafter adopted. Any violation
of said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the PROVIDER.
16. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state
and/or federal certification and/or licensure of the PROVIDER'S program and staff.
17. NON-DISCRIMINATION. The COUNTY and PROVIDER agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
The COUNTY and PROVIDER agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment
on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and
527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
Contract-Burton Memorial CARES Act-FY21;page 4
nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
AMENDMENTS, CHANGES, AND DISPUTES
18. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services
and/or reimbursement of services shall be accomplished by an amendment, which must be
approved in writing by the County.
19. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. The PROVIDER and County staff shall try to resolve
the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute
or claim. If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this agreement or by
Florida law. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit
Court, 161" Judicial Circuit, Monroe County, Florida.
20. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and PROVIDER agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and PROVIDER specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
ASSURANCES
21. NO ASSIGNMENT. This Agreement shall not be assignable by either party.
22. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain any provision
for waiver.
23. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
24. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
INDEMNITY ISSUES
2S. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners from any and all
claims and causes of action, bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided
Contract-Burton Memorial CARES Act-FY21;page 5
by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the
PROVIDER'S employees, agents, or volunteers.
26. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and extent
to the performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
27. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
28. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
29. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon
the terms of this Agreement to enforce or attempt to enforce any third-party claim or entitlement
to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER
agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
GENERAL
30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart.
31. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the
other party as follows:
For Board:
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER:
Kerry Foote
Burton Memorial United Methodist Church
93001 Overseas Hwy.
Tavernier, FL 33070
Contract-Burton Memorial CARES Act-FY21;page 6
Phone:(305) 852-2581
Email: kmf bmumc@bellsouth.net
32. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
The County and PROVIDER agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
33. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach,
either of the same conditions or covenants or otherwise.
34. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
3S. CLAIMS FOR FEDERAL OR STATE AID: PROVIDER and COUNTY agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of funding that effect the Scope of
Services will be provided to each party.
36. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the PROVIDER and the Board.
37. CARES ACT REQUIREMENTS. All expenditures or reimbursement for expenditures
must comply with the CARES Act, subsequent program guidance issued by the Department of
Treasury, other criteria of section 601(d) of the Social Security Act and the terms and conditions of
the County's Subrecipient agreement with the State of Florida Department of Emergency
Management.
CARES Act funds may only be used to cover expenses that are necessary expenditures incurred
due to the public health emergency with respect to COVID-19; and were incurred during the period
that began on March 1, 2020 and ends on December 30, 2020. Funds transferred to PROVIDER
must qualify as a necessary expenditure incurred due to the public health emergency
The PROVIDER will not receive any CARES Act funding for any expense or cost that is paid for or
reimbursed by another source.
Contract-Burton Memorial CARES Act-FY21;page 7
The PROVIDER acknowledges the requirements for the use of CARES Act funds and agrees to
provide food services to persons and families negatively impacted by the COVID-19 pandemic in
accordance with the rules and requirements.
The PROVIDER will be required to submit documentation to the County substantiating its food
services to persons and families negatively impacted by the COVID-19 pandemic provided under
this contract. This documentation shall accompany the PROVIDER's reimbursement requests.
The PROVIDER understands that the COUNTY will be audited in the future both internally and by
the state and federal government to evaluate the eligibility of expenditures; and that if an
expenditure made to or on behalf of the PROVIDER is determined to be ineligible, the COUNTY may
be required to reimburse or pay the federal government back for the ineligible expenditure; and
that the PROVIDER agrees to pay the COUNTY back to the extent that the state and federal
government requires the COUNTY to reimburse or recoup the PROVIDER'S ineligible expenditure.
The PROVIDER shall remit such payment to the COUNTY within 30 calendar days from the date the
COUNTY notifies the PROVIDER, in writing, that the state or federal government has demanded the
return of CARES Act funds expended by the COUNTY at the request of the PROVIDER, subject to
any applicable appeal of the federal government's eligibility determination that may be sought.
The COUNTY will not be responsible for any expenditure it agrees to make on behalf of the
PROVIDER if it is disallowed by the federal government.
All decisions by the COUNTY for the expenditure of funds under this Agreement, from the COUNTY's
CARES Act appropriation, are final and not subject to any grievance, appeal, or litigation
administratively or otherwise. All decisions are solely within the discretion of the COUNTY.
38. SURVIVAL OF PROVISIONS. Any terms or conditions of this Agreement that require
acts beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and shall
be fully enforceable by either party.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract-Burton Memorial CARES Act-FY21;page 8
` l-, .�,, ESSWHEREOF, the parties hereto have used these presents to be executed as of
+ first written above.
BOARD OF COUNTY COMMISSIONERS
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• • MADOK, CLERK OF MONROE N RID
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By
As Deputy CA 1aYo airman
Burton Memorial United Methodist Church
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Witness
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CNIIIETMELIMEERT-BARROWS
ASSISTANTCOtMTY ATTORNEY
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Cottar-Button Memorial CARES Act-FY21;page 9
ATTACHMENT A
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, $ umc-
V am the Authorized Agent of ) (' PROVIDER") and I
certify that:
1. I have the authority on behalf of Provider to request grant payments from Monroe County
("County")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 County will rely on this certification as a material representation in making
grant payments to the PROVIDER.
3. 1 acknowledge that PROVIDER 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,
the Florida State Auditor General,ordesignee and the County or Monroe County Clerk or
designee.
5. 1 acknowledge that PROVIDER has an affirmative obligation to identify and report any
duplication of benefits. I understand that the County and the State of Florida has an
obligation and the authority to deobligate or offset any duplicated benefits.
6. 1 acknowledge and agree that PROVIDER shall be liable for any costs disallowed pursuant
to financial or compliance audits of funds received.
7. 1 acknowledge that the PROVIDER has not used funds it has received to cover costs that were
incurred outside of the period of March 1, 2020 to December 30,2020,and as required by the
law,those funds must be returned to the United States Department of the Treasury.
8. 1 acknowledge that the PROVIDER's proposed uses of these CARES Act funds provided as
grant payments will be used only for costs related to the COVID-19 public health emergency
and the costs that have been or will be incurred between March 1 to December 30,2020.
In addition to each of the statern ' s above, I acknowledge on submission of this certification that my
jurisdiction s rred eligi F,g" xpenses between March 1,2020 and the date noted below,.
nature Date
Contract-Burton Memorial CARES Act-FY21;page 10
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period of to
. This organization has served _ (number) of clients for the past month.
Check Check Vendor Vendor Description
No. Date Inv No. Name of Expense Amount
101 10/1/20 112-1 Company A Description $X,XXX.XX
102 10/3/20 859-B Company B Description $X,XXX.XX
(A) Total X.XXX.XX
(B) Total prior payments $X,XXX.XX
(C) Total requested and paid (A + B) $X,XXX.XX
(D) Total contract amount $X,XXX.XX
Balance of contract (D-C) $X,XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the listed
expenditures are accurate and in agreement with the records of this organization. Furthermore, these
expenditures comply with this organization's contract with the Monroe County Board of County
Commissioners and will not be submitted for reimbursement to any other funding source.
Chief Executive Officer
Attachments (Supporting Documentation)
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
County of
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online
notarization, this _day of (month), (year), by
(name of officer or agent, title of officer or agent) of
(name of entity).
Personally Known
Produced Identification: Type of ID and Number on ID_
(SEAL)
Signature of Notary
Name of Notary (Typed, Stamped or Printed)
Notary Public, State of
Contract-Burton Memorial CARES Act-FY21;page 11
ATTACHMENT C
Agreement Between Monroe County and the DIVISION for CARES Act funding
Contract-Burton Memorial CARES Act-FY21;page 12
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").
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.
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 spec'rfied agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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.
1
(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 Saco
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850)815-4431
Email: Wesley-Sapp@em.myflorida.corn
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
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 of 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(COVIDr-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
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
government that satisfy the fund's eligibility criteria.
(8) INVOICING
a. In order to obtain reimbursement for expenditures in excess of the initial 25%
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:
https://home.treasu ry.gov/systemtfi les/136/Coronavirus-Relief-Fund-Guidance-for-State-Territoria l-
Local-and-Tribal-Governments.pdf
3
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. Asa 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
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:lldos.m yf lorida.comlli brary-arch iveslrecords-managementlgen era l-records-
sched u les/.
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.
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
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
iL
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
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.
5
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
necessary by the Florida Chief Financial Officer or Auditor General. In addition,the Division
will monitorthe 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.
(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
6
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:
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:
L request additional information from the Subrecipient to determine the reasons for
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 li of Chapter
218, Florida Statutes, or the Participation in Half Cent Sales Tax Proceeds
described in Part 1V 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.
(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 fine
7
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.
(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,"
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.
(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
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
8
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 forthe construction or repair of a public building or public work,may not summit
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.
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
Division shall consider the employment by any contractor of unauthorized aliens a violation
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.
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.
9
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
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
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 this Federal contract,grant,
loan or cooperative agreement, the Subrecipient must complete and submit
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
10
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:
The contractor will not discriminate against any employee or applicant for employment
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 contractorwill 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.
11
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
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 any
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.
12
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). Under40 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:
i. Contractor agrees to comply with all applicable standards, orders or regulations
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 requirementto complywith 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
13
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'. 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,
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.
d. The requirement to divide total requirements, when economically feasible, into smaller
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
purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project
splitting").
14
SUB-RECIPIENT:
By: llpy&&A
Name and title: Heather Carruthers Mayor
Date'
FID#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Allison Digitally signed by Allison Mdeary
DN:do=org,do=Reoc,ou=DEM_Users,
ou=Recoveryou=RecoveryCoordination,
By: I —Allison BLJrESU Chief
M C Lear " em Iliwn.McLearyraem.myfEorida.comInterim
Date:2020.06.17 17:55!54.04'00'
Name and Title
6-17-20
Date:
MOHkAE CIXIHTY ATi!ORN2Y
o ro
cmmw f pM�BE�YrAahnows
DATE A?rrC 1117! t Y
15
EXHIBIT 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT T❑ 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:
16
Attachment A
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
1, , 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.
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.
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 11 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.
By: IeAA CaM�
Name and title:
Date: fill 1/2UZU
17
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
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
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,OOd and not more than $100,000 far 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.
By -thw&40A CA 1
Name and title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
I Digitally signed by Allison Mdrary
Allison Mc Lear Ouidc=wg,dc leor a�nDEµ lli5os �=eerovery,
AerweryCoordinatian rn=Alli,ja cern ary, Interim Bureau Chief
Ilrson.McLearyaem myflarida rcm
By-, Dare 202o n6 11 1 7 56:58-0 W
Name and title
5-17-20
Date:
18
Attachment 6
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
19
ATTACHMENT D
Specific description and list of services to be provided under this contract:
Provision of food to persons and families negatively impacted by the COVID-19 crisis.
See attached Organization Survey.
Contract-Burton Memorial CARES Act-FY21;page 13
., MONROE COUNTY CARES
a MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
-, Lillt CARES ACT FUNDING -FOOD PROVIDER NEEDS/CAPACITY
f =' SURVEY
r
Monroe County has recognized food insecurity as a critical need in our community as a result of
COVID-19 pandemic, and as such will allocate CARES Act funding to help meet that needs.
Your organization has been identified as a food provider within Monroe County. The intention of this
survey is to assess the community's increased food needs arising from the COVID-19 pandemic and
related closures and restrictions, as well as your organization's recent experience providing food
services during the pandemic, and capacity to provide food services through the months of October,
November and December with CARES Act grant funding.
All CARES Act grant funds must be fully 100% expended by December 30,2020. No exceptions.
Further,the need is now and urgent, and our expectation will be that organizations that receive
funding will be able to immediately provide services and expend funds expeditiously. So please
accurately assess your organizational capacity.
The County will evaluate the following information and make a determination for an allocation of
CARES Act funding. This survey is not an agreement for funding.
1) NAME OF ORGANIZATION: Burton Memorial United Methodist Church
2) NAME OF EXECUTIVE DIRECTOR(if no Executive Director, then Grant Contact
Person): Kerry Foote,Pastor
3) ADDRESS:_93001 Overseas Highway Tavernier, FL 33070
4) PHONE NUMBER: _305-852-2581
5) EMAIL ADDRESS: _bae_bmumc(katt.net
6) REGISTERED 501C3? YES_X NO
7) ORGANIZATION MISSION: We are an uncommon church for common people offering a
love of neighbor without boundaries. We share the Gospel of Love by gathering together to
celebrate a faith relationship with Christ. We serve both God and His children through our
ongoing prayers, talents, gifts and dedication of time until He comes again in glory.
8) GEOGRAPHIC AREA WITHIN MONROE COUNTY SERVED BY YOUR
ORGANIZATION: Upper Keys
9) BRIEF NARRATIVE DESCRIPTION OF YOUR ORGANIZATION'S EXPERIENCE
WITH THE COVID-19 PANDEMIC'S IMPACT ON FOOD SECURITY NEEDS IN OUR
COMMUNITY AND/OR IN THE GEOGRAPHIC AREA SERVED BY YOUR
ORGANIZATION:
We have seen a significant increase in the number of new clients, and a return of old clients that
we had not seen in over a year. We are processing these new clients, and also, as food supply
allows, we have increased the amount of food we are handing out to the families.
We have had to increase the hours of our paid staff to handle the additional food ordering,
deliveries, converting restaurant sized quantities into retail sized bags of rice, beans,jellies,
cereals, etc. We have added a number of extra volunteers and another part time paid staff person
for the additional deliveries, and to handle the drive thru delivery required by the pandemic. We
are also including packets of information in our bags from various community organizations that
we would normally just post once on our doors, incurring extra printing costs and volunteer time.
For our soup kitchen on Thursday nights, we have rearranged our meals to be togo's only. We
have seen an increase from 50 to over 100 meals each Thursday night.
10) PLEASE INDICATE THE NUMBER OF COVID-19 IMPACTED PERSONS/FAMILIES
THAT YOUR ORGANIZATION HAS SERVED WITH FOOD PROVISIONS IN EACH
MONTH SINCE MARCH 2O20:
March April May June
July August September
11) IF YOU HAVE NOT BEEN TRACKING COVID-IMPACTED PERSONS, THEN
PLEASE INDICATE THE NUMBER OF PERSONS/FAMILIES YOUR ORGANIZATION
HAS SERVED WITH FOOD PROVISIONS:
Please note that the numbers below were not adjusted to only show covid-19 affected
persons/families. We have that information for each family, since we did ask the question of our
clients,but that information was not filtered down to the individual client assistance records each
time they came to visit our pantry. We can tell by the way our numbers increased,that most of our
clients were affected.
March Per 502/Fam 188 April Per 1047/Fam 357 May Per 1050/Fam 357 June Per 856/Fam
298
July Per 983/Fam 343 August Per 1113/Fam 340 September Per 952/Fam 335
12) PLEASE INDICATE THE NUMBER OF POUNDS/PALLETS OF FOOD SUPPLIES
THAT YOUR ORGANIZATION HAS DISTRIBUTED TO COVID-19 IMPACTED PERSON
IN EACH MONTH SINCE MARCH 2O20.
Please note that the numbers below were not adjusted to only show covid-19 affected
persons/families. We have that information for each family, since we did ask the question of our
clients,but that information was not filtered down to the individual client assistance records each
time they came. We can tell by the way our numbers increased,that most of our clients were
affected.
March 13,125 lbs April 21,200 lbs May 35,775 lbs June 27,525 lbs
July 31,325 August 30,725 September 30,150
13) PLEASE INDICATE THE NUMBER OF COVID-19 IMPACTED PERSONS/FAMILIES
THAT YOU ANTICIPATE NEEDING TO CONTINUE TO SERVE FOR THE MONTHS OF
OCTOBER, NOVEMBER AND DECEMBER 2020:
The first week in October gave us 113 families, so our numbers are increasing again. We could only
guess if we will also see the normal increase in people over the winter months which will start in
December.
October Persons 1200/Fam 400 November Persons 1200/Fam 400 December Persons
1200/Fam 400
14) PLEASE INDICATE THE NUMBER OF POUNDS/PALLETS OF FOOD SUPPLIES
THAT YOU ANTICIPATED NEEDING TO CONTINUE TO PROVIDE TO COVID-19
IMPACTED PERSONS/FAMILIES FOR THE MONTHS OF OCTOBER, NOVEMBER AND
DECEMBER 2020:
October 30,000 lbs November 30,000 lbs December 30,000 lbs
15) ESTIMATE THE COST OF THE PROVISION OF THE MONTHLY FOOD AMOUNT
TO MEET THE PROJECTED NEED FOR THE MONTHS OF OCTOBER, NOVEMBER,
AND DECEMBER, NOT INCLUDING ADMINISTRATIVE COSTS:
October 8,000 November 8,000 December 8,000
16) AT THIS TIME WE ARE UNSURE OF ADMINISTRATIVE COSTS BEING COVERED.
PLEASE INDICATE WHETHER YOU CAN PROVIDE YOUR SERVICES IF ONLY FOOD
SUPPLIES ARE ALLOWED WITH CARES ACT GRANT FUNDS?
YES_X NO
17) CARES ACT FUNDING MAY ONLY BE USED FOR COVID-19 RELATED NEEDS.
THEREFORE YOU MUST BE ABLE TO TRACK AND DOCUMENT THE NUMBER OF
PERSONS/FAMILIES YOU SERVE THAT ARE COVID-19 IMPACTED. DO YOU HAVE
THE CAPACITY TO TRACK THIS DATA?
YES_X NO
18) IF YES, PLEASE DESCRIBE HOW YOU ARE CURRENTLY TRACKING OR WILL
TRACK AND DOCUMENT THIS? YOU WILL BE REQUIRED TO PROVIDE THIS
DOCUMENTATION TO US MONTHLY.
We required each client we served to indicate to us whether they lost their job due to Covid-19 and
also whether they had received food assistance prior to Covid-19. We just didn't carry this
information down to the individual family visits to the pantry. If we receive this grant,we will add
that information to the individual sign in sheets so we are able to report those numbers.
19) PLEASE ADD ANY FURTHER INFORMATION YOU WOULD LIKE FOR US TO
KNOW HERE: At the beginning of this pandemic,we were unable to obtain food from our normal
sources, since everyone was affected and those sources were overwhelmed. In the last 3 months we
have gotten food again from those sources, and so far the food has been donated thru government or
private plans. If we have to go back to purchasing all the food again,we spent 25,000 in a 4 '/z
month period from the end of March to the middle of August, 2020, for just food and supplies for
food packaging and dinners. Fortunately we were blessed with receiving Covid-19 grants to assist us
with these purchases,which ran out mid August. Yours is the first grant we have seen for Covid-19
food since those initial grants in April.
20) PLEASE HAVE AUTHORIZED INDIVIDUAL SIGN HERE:
Kerry Foote,Pastor, October 8, 2020
NAME TITLE DATE
1 attest that the information provided herein is truthful and accurate: