Item U06 U.6
BOARD OF COUNTY COMMSSIONERS
County of Monroe fma Mayor Heather Carruthers,District 3
h} ] ' Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
David Rice,District 4
`w'P•=w Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: U.6
Agenda Item Summary #7433
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292-4444
n/a
AGENDA ITEM WORDING: Approval of agreements with 5 food providers in Monroe County
to respond to community's food insecurity needs arising from the 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 and expend CARES Act funds before
the deadline date of December 30, 2020.
ITEM BACKGROUND:
The County Commission as deemed assistance for community needs a necessary response to the
COVID-19 public health crisis, and the County's CARES Act Allocation Plan allocates CARES Act
funding for community needs arising from the COVID-19 pandemic, including food, rent/mortgage
assistance, childcare, medical/mental health, and others.
Food insecurity has been identified as a critical and urgent need in the community right now. To
respond, we have drafted agreements with the major food providers in Monroe County to
immediately fund the provision of food supplies. Agreements are attached with the following
providers:
• Star of the Sea(Stock Island and Upper Keys)
• Metropolitan Community Church(Key West)
• Florida Keys Outreach Coalition (All Keys)
• Burton Memorial United Methodist(Upper Keys)
• Healthy Start Coalition (All Keys)
With regard to authorization for County Administrator to approve additional contractors, we
anticipate securing agreements with additional providers for critical services on a rolling basis over
the next days and weeks. Given the condensed timeframe in which to spend the County's CARES
Act funds, and urgent needs that must be met as immediately, authorization for the County
Administrator to approve these contracts will allow us to proceed more quickly. The sooner we can
approve contracts with providers, the sooner we can address the community's emergency needs,
Packet Pg.4603
U.6
including but not limited to food insecurity, childcare and medical and mental health.
All such approved provider contracts will go to the County Commission in November for
ratification.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
SOS CARES Act Agreement FY2021
MCC CARES Act Agreement FY2021
FKOC CARES Act Agreement FY2021
Burton CARES Act Agreement FY2021
Healthy Start CARES Act Agreement FY2021
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 10/13/2020 5:13 PM
Purchasing Completed 10/13/2020 5:16 PM
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U.6
Budget and Finance Completed 10/13/2020 5:18 PM
Maria Slavik Completed 10/13/2020 5:37 PM
Liz Yongue Completed 10/13/2020 5:40 PM
Board of County Commissioners Pending 10/21/2020 9:00 AM
Packet Pg.4605
AGREEMENT
This Agreement is made and entered into this 21t" day of October 2020, between the BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board"
or "County," and Star of the Sea Foundation, Inc., 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
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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 CU
of the Treasury, and the COUNTY agrees to repay the State of Florida any portion of the disbursed 0
funds that is unused or not utilized in accordance with the CARES Act; and 0
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 U
and satisfactorily providing food to persons and families negatively impacted by the COVID-19 crisis en
and living in Monroe County, Florida, as provided for in this Agreement, shall pay to the PROVIDER
the sum of TWO HUNDRED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($255,000.00) for
FY2021. U)
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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 a
provisions herein. EE
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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
Contract-SOS Foundation CARES Act-FY21;page 1 Packet Pg.4606
County and the Division for CARES Act funding. Evidence of payment by the PROVIDER shall be in
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 E
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 U
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 CU
to purchase capital assets. 0
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
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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. w
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 en
computer readable data if it can be made available; general ledger entries detailing cash and if 0
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 EE
all other agreements, sources of information and matters that may in County's or the County Clerk's U
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-SOS Foundation CARES Act-FY21;page 2 Packet Pg.4607
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 CU
corrective actions recommended/taken; audit shall be prepared by an independent certified 0
public accountant (CPA) with a current license, in good standing with the Florida State Board 0
of Accountancy. S
(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 U
in Attachment D to residents of Monroe County, Florida. The Provider agrees and understands that en
this funding must strictly comply with the requirements of the CARES Act, Treasury Guidance and
State of Florida Division of Emergency Management.
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The funding in this contract is to be utilized to provide food services to persons and families 0
negatively impacted by the COVID-19 crisis.
All funds must be expended by December 30, 2020.
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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-SOS Foundation CARES Act-FY21;page 3 Packet Pg.4608
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 U-
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
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15. 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. U
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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 U)
terminates without any further action on the part of any party, effective the date of the court order. 0
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-SOS Foundation CARES Act-FY21;page 4 Packet Pg.4609
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 U_
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 E
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, 16t" 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, CU
County and PROVIDER agree to participate, to the extent required by the other party, in all
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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 U
of any commercial liability insurance coverage, self-insurance coverage, or local government U)
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. U)
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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.
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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
25. 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-SOS Foundation CARES Act-FY21;page 5 Packet Pg.4610
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 U_
accountability by reason of the execution of this Agreement.
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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 CU
constitutional or statutory duties of the County, except to the extent permitted by the Florida 0
constitution, state statute, and case law. 0
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
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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.
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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 U)
constitute one and the same instrument and any of the parties hereto may execute this Agreement 0
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 U
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:
Thomas M. Callahan, Executive Director
Star of the Sea Foundation, Inc.
d/b/a Star of the Sea Outreach Mission
5640 Maloney Avenue
Contract-SOS Foundation CARES Act-FY21;page 6 Packet Pg.4611
Key West, FL 33040
305-292-3013 PHONE
Email: tom@sosmission.orq
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. U_
33. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept E
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.
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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 CU
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and 0
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.
35. 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. w
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 U)
agreements with respect to such subject matter between the PROVIDER and the Board. O
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37. CARES ACT REQUIREMENTS. All expenditures or reimbursement for expenditures a
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-SOS Foundation CARES Act-FY21;page 7 Packet Pg.4612
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 U-
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 E
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 CU
CARES Act appropriation, are final and not subject to any grievance, appeal, or litigation 0
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
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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 U-
be fully enforceable by either party.
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Contract-SOS Foundation CARES Act-FY21;page 8 Packet Pg.4613
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairman
SOS Foundation
(Federal ID No. ) E
Witness
By U
Witness Chief Executive Officer
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Contract-SOS Foundation CARES Act-FY21;page 9 Packet Pg.4614
ATTACHMENT A
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, , 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.
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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 CrJ
designee. U)
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 04
obligation and the authority to deobligate or offset any duplicated benefits. 04
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.
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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. U)
U)
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.
U
Signature Date
Contract-SOS Foundation CARES Act-FY21;page 10 Packet Pg.4615
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
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(B) Total prior payments $X,XXX.XX
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(C) Total requested and paid (A + B) $X,XXX.XX
(D) Total contract amount $X,XXX.XX 0
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)
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TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) U)
State of
County of U)
U)
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online
notarization, this day of (month), (year), by
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(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-SOS Foundation CARES Act-FY21;page 11 Packet Pg.4616
ATTACHMENT C
Agreement Between Monroe County and the DIVISION for CARES Act funding
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Contract-SOS Foundation CARES Act-FY21;page 12 Packet Pg.4617
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 U
and 45%was allocated to counties. �
E. The United States Department of the Treasury disbursed$2,472,413,692 of these funds directly to
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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 U)
government allocation,for the State to disburse to counties with populations less than 500,000. 0
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 U
be received and accepted in writing by the Division before payment or U)
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. 0
iii. A provision specifying the financial consequences that apply if the Subrecipient
fails to perform the minimum level of service required by the agreement. U)
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. CU
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
Packet Pg.4618
(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 04
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
U)
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 U)
This agreement may not be modified.
(6) PERIOD OF AGREEMENT U)
This Agreement shall be effective on March 1.2020 and shall end on December 30 2020 0
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 bythe 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.
2
Packet Pg.4619
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
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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 U)
(the date of enactment of the CARES Act)for the State or government; and en
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 U-
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 U
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 U)
the COVID-19 public health emergency. en
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
Packet Pg.4620
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, CU
papers, or other records of the Subrecipient which are pertinent to this Agreement, in order 0
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 Q
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.myflorida.comllibrary-archives!records-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 U
three, basic requirements: (1)all meetings of public boards or commissions must be open U)
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 0
exempted from disclosure by the Legislature, all materials made or received by a U)
governmental agency(or a private entity acting on behalf of such an agency) in conjunction
with official business which are used to perpetuate, communicate, or formalize knowledge
qualify as public records subject to public inspection.
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IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard
Oak Boulevard, Tallahassee, FL 32399.
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(10)AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As defined
by 2 C.F.R. §200.49, "GAAP has the meaning specified in accounting standards issued by
the Government Accounting Standards Board (GASB) and the Financial Accounting
Standards Board (FASB)."
b. When conducting an audit of the Subrecipient's performance under this Agreement, the
Division must use Generally Accepted Government Auditing Standards ("GAGAS"). As
defined by 2 C.F.R. §200.50, "GAGAS, also known as the Yellow Book, means generally
accepted government auditing standards issued by the Comptroller General of the United
States, which are applicable to financial audits."
c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of and strict compliance with this Agreement, the Subrecipient will be
held liable for reimbursement to the Division of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Division
has notified the Subrecipient of such non-compliance.
d. The Subrecipient must have all audits completed by an independent auditor, which is
defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public
accountant licensed under chapter 473."The independent auditor must state that the audit
complied with the applicable provisions noted above. The audits must be received by the
Division no later than nine months from the end of the Subrecipient's fiscal year.
e. The Subrecipient must send copies of reporting packages required under this paragraph CU
directly to each of the following:
i, ua
The Division of Emergency Management en
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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The Auditor General
Room 401, Claude Pepper Building ua
111 West Madison Street ua
Tallahassee, Florida 32399-1450
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f. Fund payments are considered to be federal financial assistance subject to the Single Audit <
Act and the related provisions of the Uniform Guidance.
(11)REPORTS
a. The Subrecipient must provide the Division with quarterly reports and a close-out report.
These reports must include the current status and progress of the expenditure of funds
under this Agreement, in addition to any other information requested by the Division.
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b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter
of the program year and must be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are March 31,
June 30, September 30, and December 31. The first quarterly report due pursuant to this
agreement is due for the quarter ending September 30, 2020.
c. The close-out report is due sixty(60) days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever occurs first.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they
are completed or may take other action as stated in Paragraph (15) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance
with the Budget and Scope of Work.
e. The Subrecipient must provide additional program updates or information that may be
required by the Division.
(12)MONITORING
In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS
above, monitoring procedures may include, but not be limited to, on-site visits by Division
staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and U
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
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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 ua
comply and cooperate with any inspections, reviews, investigations or audits deemed 0
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, i
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, U
Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by ua
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. 0
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(14)DEFAULT
a. If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds will, if the Division elects, terminate and the
Division has the option to exercise any of its remedies set forth in Paragraph (15)
REMEDIES. However, the Division may make payments or partial payments after any
Events of Default without waiving the right to exercise such remedies, and without
becoming liable to make any further payment.
b. If any warranty or representation made by the Subrecipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or
if the Subrecipient fails to keep or perform any of the obligations,terms or covenants in this
6
Packet Pg.4623
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; U
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. U)
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 en
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, U)
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
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with the further expenditure of funds, by providing the Subrecipient with thirty(30)calendar
days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement.The amendment will state the effective date of the
termination and the procedures for proper closeout of this Agreement.
d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations
for the terminated portion of this Agreement after they have received the notification of
termination. The Subrecipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient
will not be relieved of liability to the Division because of any breach of this Agreement by
the Subrecipient. The Division may, to the extent authorized by law, withhold payments to
the Subrecipient for the purpose of set-off until the exact amount of damages due the
Division from the Subrecipient is determined.
(17)ATTACHEMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments will control, but only to the extent of the
conflict or inconsistency. U
(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. U)
Funding for Monroe County is in the amount of$3,250,835.00. U)
(19)REPAYMENTS
a. All refunds, return of improper payments, or repayments due to the Division under this N
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
U
Tallahassee FL 32399-2100
U)
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. U)
(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
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provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then the provision is null and void to the extent of the conflict, and is
severable, but does not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement will survive the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and
private entities on the basis of disability in employment, public accommodations,
transportation, State and local government services, and telecommunications.
f. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity 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
CU
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 U)
sufficient for a proper pre-audit and post-audit thereof. en
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 U
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 U)
workers, constituting a violation of the employment provisions contained in 8 U.S.C. U)
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.
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m. All expenditures of state or federal financial assistance must be in compliance with the
laws, rules and regulations applicable to expenditures of State funds, including but not
limited to, the Reference Guide for State Expenditures.
n. This Agreement may be charged only with allowable costs resulting from obligations
incurred during the period of agreement.
o. Any balances of unobligated cash that have been advanced or paid that are not authorized
to be retained for direct program costs in a subsequent period must be refunded to the
Division.
p. If the purchase of the asset was consistent with the limitations on the eligible use of funds
provided by section 601(d)of the Social Security Act,the Subrecipient may retain the asset.
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject
to the restrictions on the eligible use of payments from the Fund provided by section 601(d)
of the Social Security Act.
(21)LOBBYING PROHIBTION
a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying
the Legislature,the judicial branch, or a state agency."
b. No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
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c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities. U)
d. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids U)
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 U
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 U)
contract, grant, loan or cooperative agreement. en
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, U
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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
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by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more
than$100,000 for each such failure.
(22)LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of
this Agreement. The Subrecipient also certifies that the undersigned person has the
authority to legally execute and bind the Subrecipient to the terms of this Agreement.
(23)ASSURANCES
The Subrecipient must comply with any Statement of Assurances incorporated as
Attachment C.
(24)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or
modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal
Government or borrowed on the credit of the Federal Government pursuant to a grant, U
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: U)
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 U
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. U)
iii. The contractorwill not discharge or in any other manner discriminate against any U)
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
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iv. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
vi. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations,and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
vii. In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
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11246 of September 24, 1965,or by rule, regulation, or order of the Secretary of
Labor, or as Otherwise provided by law. U)
viii. The contractor will include the portion of the sentence immediately preceding en
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
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of the Secretary of Labor issued pursuant to section 204 of Executive Order 04
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 U)
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to enter into such litigation to protect the interests of the United States.
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(25)COPELAND ANTI-KICKBACK ACT en
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, U
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
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iii. Breach.A breach of the contract clauses above may be grounds for termination
of the contract,and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. §5.12.
(26)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that
exceeds $100,000 and involves the employment of mechanics or laborers, then any such
contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations(29 CFR Part 5). 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 en
exceeds$150,000,then any such contract must include the following provision: 0
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 U)
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. U)
3000,subpart C and must include a requirementto complywith these regulations 0
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 M
the Division,the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
(29)BYRD ANTI-LOBBYING AMENDMENT
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a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
i. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the Subrecipient.
(30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods
or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises CU
are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or U)
quantities to permit maximum participation by small and minority businesses, en
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 U
"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 LU
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 U)
undertaking additional steps to involve small and minority businesses and women's en
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
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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").
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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=Recovery,ou=RecoveryCoord i nation, i
By; =AllisnnM-Allison Interim Bureau Chief
M C Lea C em Ilisan.McLearyaem.myfEorida.com
Date:2020.06.17 17:55!54.04'00' U
Name and Title
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6-17-20 0
Date:
MOHRM COUNW ArrOPbW
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EXHIBIT 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project—
State awarding agency: Florida Division of Emergency Management
c�
Catalog of State Financial Assistance Title:
Catalog of State Financial Assistance Number:
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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.
a)
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.
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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.
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6. 1 acknowledge and agree that County shall be liable for any costs disallowed pursuant to financial or compliance U)
audits of funds received. 0
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)
2
a.are necessary expenditures incurred due to the public health emergency and governor's disaster declaration on L
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 en
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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 0
incurred eligible expenses between March 1, 2020 and the date noted below. U)
By: Chid
Name and title:
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Date:
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U.6.a
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
attem tin to influence an officer or employee of an age
p g y y g cy, 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.
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or en
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 en
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: U
Date:
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STATE OF FLORIDA
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DIVISION OF EMERGENCY MANAGEMENT
Digitally srgned by Allison Mdrary U)
Allison Mc Lea r Ouidc=wg,dc leo a�=DEµ l sPrs,o<=Ferovery, +
AeweryCoordinatian C�=Allison M<<e
rem ary, Interim bureau Chief
Ilrson.McLearyaem myflarida
Dare 2020 oa I I]56:513-0c'oo'
By:
Name and title U
5-17-20
Date:
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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
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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.
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Contract-SOS Foundation CARES Act-FY21;page 13 Packet Pg.4637
MONROE COUNTY CARES
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CARES ACT FUNDING - FOOD PROVIDER NEEDS/CAPACITY SURVEY
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 a
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.
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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. �
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1) NAME OF ORGANIZATION: Star of the Sea Foundation Cn
2) NAME OF EXECUTIVE DIRECTOR (if no Executive Director, then Grant Contact Person): 04
Tom Callahan U-
3) ADDRESS: 5640 Maloney Ave. Key West FL 33040 E
4) PHONE NUMBER (410) 703-8212
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5) EMAIL ADDRESS: tom @sosfoundation.org Cn
6) REGISTERED 501C3? YES X NO
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7) ORGANIZATION MISSION:
distributting food and other Disaster Assistance to struggling Monroe County households U
8) GEOGRAPHIC AREA WITHIN MONROE COUNTY SERVED BY YOUR
ORGANIZATION:
Countywide Pandemic response with large food distribution centers in Lower Keys and Key Largo
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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:
With six refrigerated trucks operating County Wide and large distribution centers in both ends of
the county our efforts have been truly countywide during the pandemic including four major
food distributions each week in Key West, Stock Island, Islamorada and Key Largo. Also, our
commuunity kitchen prepared thousands of meals each week for distribution to homebound
seniors
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04
10)PLEASE INDICATE THE NUMBER OF COVID-19 IMPACTED PERSONS/FAMILIES 04
THAT YOUR ORGANIZATION HAS SERVED WITH FOOD PROVISIONS IN EACH U-
MONTH SINCE MARCH 2O20: 85% of totals in quuestion 11
11'060 16'853 12'742 15'418
March April May June
14493 18 699 18 703
July August ' September '
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11) IF YOU HAVE NOT BEEN TRACKING COVID-IMPACTED PERSONS, THEN PLEASE
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INDICATE THE NUMBER OF PERSONS/FAMILIES YOUR ORGANIZATION HAS 0
SERVED WITH FOOD PROVISIONS:
13 012 19 827 14'990 18 139 E
March ' April ' May June '
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17 051 21 964 22 004
July August September
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. reported at 85% of total lbs. distributed so all Covid-19
March
147' April 219 228'O2r6pacted May 23 8' June 1667 408'941
July 15 5,993 August 224,3 69 September 114,601
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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:
March April May June
July August September
October 19,000 November 1900 December 19,000
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 04
2020: U-
190,000 190,000 190,000
October November December
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: Crj
WOO WOO WOO Cn
October November December 0
V-
04
04
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? E
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YES x NO
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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 Cn
THE CAPACITY TO TRACK THIS DATA? Cn
YES x NO
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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 have a very detailed client intake process and regularly conduct surveys of our clients, the most recent
of which was done in September of 2020, where over a thousand clients were surveyed with 85% of those
served reporting significant negative economic impact to their household as a result of the Pandemic
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19) PLEASE ADD ANY FURTHER INFORMATION YOU WOULD LIKE FOR US TO KNOW
HERE:
as you can see from as you can see from our statistics and detailed record-keeping above Monroe
residents sare still struggling to provide food for their families result of the economic disruption caused
by the covid-19 pandemic. Many of our clients were still recovering from Hurricane Irma and it's going
to be a long road for them to fully recover.
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20) PLEASE HAVE AUTHORIZED INDIVIDUAL SIGN HERE:
Executive Director 10/07/20
NAME TITLE DATE
I attest that the information provided herein is truthful and accurate: Thomas M Callahan
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AGREEMENT
This Agreement is made and entered into this 21t" day of October 2020, between the BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board"
or"County,"and Metropolitan Community Church Key West, 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
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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 CU
of the Treasury, and the COUNTY agrees to repay the State of Florida any portion of the disbursed U)
funds that is unused or not utilized in accordance with the CARES Act; and 0
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 U
and satisfactorily providing food to persons and families negatively impacted by the COVID-19 crisis U)
and living in Monroe County, Florida, as provided for in this Agreement, shall pay to the PROVIDER
the sum of THIRTY-TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($32,500.00) for the
months of October, November, and December 2020, respectively.
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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. E
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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
Contract-Metropolitan Community Church CARES Act-FY21;page 1 Packet Pg.4642
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County and the Division for CARES Act funding. Evidence of payment by the PROVIDER shall be in
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 E
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 CU
to purchase capital assets. U)
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 E
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. w
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 EE
all other agreements, sources of information and matters that may in County's or the County Clerk's U
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.
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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 CU
corrective actions recommended/taken; audit shall be prepared by an independent certified U)
public accountant (CPA) with a current license, in good standing with the Florida State Board 0
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 U
in Attachment D to residents of Monroe County, Florida. The Provider agrees and understands that U)
this funding must strictly comply with the requirements of the CARES Act, Treasury Guidance and
State of Florida Division of Emergency Management.
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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.
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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.
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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 �e-
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
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15. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the 0
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. U
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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
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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-Metropolitan Community Church CARES Act-FY21;page 4 Packet Pg.4645
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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 E
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, 16t" 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, CU
County and PROVIDER agree to participate, to the extent required by the other party, in all U)
proceedings, hearings, processes, meetings, and other activities related to the substance of this 0
Agreement or provision of the services under this Agreement. County and PROVIDER specifically U
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
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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 U
of any commercial liability insurance coverage, self-insurance coverage, or local government U)
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.
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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.
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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
25. 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-Metropolitan Community Church CARES Act-FY21;page 5 Packet Pg.4646
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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.
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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 CU
constitutional or statutory duties of the County, except to the extent permitted by the Florida U)
constitution, state statute, and case law. 0
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 U_
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 E
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.
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GENERAL en
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 c>
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 U
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:
Steve Torrence, Pastor
Metropolitan Community Church
1215 Petronia Street
Key West, FL 33040
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Phone: 305-294-8912
Email: mcckeywest@gmail.com
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 E
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 CU
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, U)
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent 0
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 U_
provision.
35. 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.
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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. t�
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37. CARES ACT REQUIREMENTS. All expenditures or reimbursement for expenditures
must comply with the CARES Act, subsequent program guidance issued by the Department of a�
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 U
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.
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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 U-
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 E
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 CU
CARES Act appropriation, are final and not subject to any grievance, appeal, or litigation U)
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
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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 U-
be fully enforceable by either party.
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[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairman
Metropolitan Community Church
(Federal ID No. ) E
Witness
By
Witness Chief Executive Officer
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ATTACHMENT A
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, , 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.
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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 CrJ
designee. U)
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 04
obligation and the authority to deobligate or offset any duplicated benefits. 04
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.
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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 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.
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Signature Date
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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
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(B) Total prior payments $X,XXX.XX
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(C) Total requested and paid (A + B) $X,XXX.XX 0
(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
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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)
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TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) U)
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
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(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
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ATTACHMENT C
Agreement Between Monroe County and the DIVISION for CARES Act funding
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Contract-Metropolitan Community Church CARES Act-FY21;page 12 Packet Pg.4653
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Agreement Number: Y2287
CARES ACT FUNDING AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division" or "Recipient"), and Monroe
County, (hereinafter referred to as the"County"or"Subrecipient").
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 U
and 45%was allocated to counties. �
E. The United States Department of the Treasury disbursed$2,472,413,692 of these funds directly to
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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 en
government allocation,for the State to disburse to counties with populations less than 500,000. 0
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 en
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.
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(2) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Program Manager
will be responsible for enforcing performance of this Agreement's terms and conditions and
will serve as the Division's liaison with the Subrecipient. As part of his/her duties, the
Program Manager for the Division will monitor and document Subrecipient performance.
b. The Division's Program Manager for this Agreement is:
Wesley Saco
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850)815-4431 04
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 U
2555 Shumard Oak Blvd
Telephone: 850-815-4455
Email:Allison.McLeary@em.myflorida.com
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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 U)
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 bythe 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
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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 U)
(the date of enactment of the CARES Act)for the State or government: and en
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 U-
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 U
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
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By signing this report, I certify to the best of my knowledge and belief that
the report is true, complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and objectives set
forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud,
false statements, false claims or otherwise. (U.S. Code Title 18, Section
1001 and Title 31, Sections 3729-3730 and 3801-3812).
b. Reimbursements will only be made for expenditures that the Division provisionally
determines are eligible under the CARES Act. However, the Division's provisional
determination that an expenditure is eligible does not relieve the county of its duty to repay
the Division for any expenditures that are later determined by the Division or the Federal
government to be ineligible.
(9) RECORDS
a. 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, CU
papers, or other records of the Subrecipient which are pertinent to this Agreement, in order 0
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 Q
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.myflorida.comllibrary-archives!records-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 U
three, basic requirements: (1)all meetings of public boards or commissions must be open U)
to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of
the meetings must be taken and promptly recorded.
d. Florida's Public Records Law provides a right of access to the records of the state and local
governments as well as to private entities acting on their behalf. Unless specifically
exempted from disclosure by the Legislature, all materials made or received by a
governmental agency(or a private entity acting on behalf of such an agency) in conjunction
with official business which are used to perpetuate, communicate, or formalize knowledge
qualify as public records subject to public inspection.
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IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard
Oak Boulevard, Tallahassee, FL 32399.
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(10)AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As defined
by 2 C.F.R. §200.49, "GAAP has the meaning specified in accounting standards issued by
the Government Accounting Standards Board (GASB) and the Financial Accounting
Standards Board (FASB)."
b. When conducting an audit of the Subrecipient's performance under this Agreement, the
Division must use Generally Accepted Government Auditing Standards ("GAGAS"). As
defined by 2 C.F.R. §200.50, "GAGAS, also known as the Yellow Book, means generally
accepted government auditing standards issued by the Comptroller General of the United
States, which are applicable to financial audits."
c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of and strict compliance with this Agreement, the Subrecipient will be
held liable for reimbursement to the Division of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Division
has notified the Subrecipient of such non-compliance.
d. The Subrecipient must have all audits completed by an independent auditor, which is
defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public
accountant licensed under chapter 473."The independent auditor must state that the audit
complied with the applicable provisions noted above. The audits must be received by the
Division no later than nine months from the end of the Subrecipient's fiscal year.
e. The Subrecipient must send copies of reporting packages required under this paragraph CU
directly to each of the following:
i, ua
The Division of Emergency Management
DEMSingle Audit@em.myflorida.com
OR >-
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
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f. Fund payments are considered to be federal financial assistance subject to the Single Audit
Act and the related provisions of the Uniform Guidance.
(11)REPORTS
a. The Subrecipient must provide the Division with quarterly reports and a close-out report.
These reports must include the current status and progress of the expenditure of funds
under this Agreement, in addition to any other information requested by the Division.
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b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter
of the program year and must be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are March 31,
June 30, September 30, and December 31. The first quarterly report due pursuant to this
agreement is due for the quarter ending September 30, 2020.
c. The close-out report is due sixty(60) days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever occurs first.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they
are completed or may take other action as stated in Paragraph (15) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance
with the Budget and Scope of Work.
e. The Subrecipient must provide additional program updates or information that may be
required by the Division.
(12)MONITORING
In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS
above, monitoring procedures may include, but not be limited to, on-site visits by Division
staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and
cooperate with any monitoring procedures/processes deemed appropriate by the Division.
In the event that the Division determines that a limited scope audit of the Subrecipient is
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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 ua
comply and cooperate with any inspections, reviews, investigations or audits deemed en
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 en
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
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Agreement or any previous agreement with the Division and has not cured them in timely
fashion, or is unable or unwilling to meet its obligations under this Agreement;
c. if material adverse changes occur in the financial condition of the Subrecipient at any time
during the period of agreement, and the Subrecipient fails to cure this adverse change
within thirty(30) days from the date written notice is sent by the Division.
d, if any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
e. If the Subrecipient has failed to perform and complete on time any of its obligations under
this Agreement.
(15)REMEDIES
If an Event of Default occurs, then the Division may, after thirty(30)calendar days written notice to
the Subrecipient and upon the Subrecipient's failure to cure within those thirty (30) days, exercise
any one or more of the following remedies, either concurrently or consecutively:
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; U
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. U)
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 U)
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
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with the further expenditure of funds, by providing the Subrecipient with thirty(30)calendar
days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement.The amendment will state the effective date of the
termination and the procedures for proper closeout of this Agreement.
d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations
for the terminated portion of this Agreement after they have received the notification of
termination. The Subrecipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient
will not be relieved of liability to the Division because of any breach of this Agreement by
the Subrecipient. The Division may, to the extent authorized by law, withhold payments to
the Subrecipient for the purpose of set-off until the exact amount of damages due the
Division from the Subrecipient is determined.
(17)ATTACHEMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments will control, but only to the extent of the
conflict or inconsistency.
(18)PAYMENTS
a. The State of Florida, through the Division, will make a disbursement of each County
government's allocation as calculated by the United States Department of the Treasury. U)
Funding for Monroe County is in the amount of$3,250,835.00. en
(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
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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
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provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then the provision is null and void to the extent of the conflict, and is
severable, but does not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement will survive the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and
private entities on the basis of disability in employment, public accommodations,
transportation, State and local government services, and telecommunications.
f. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity 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 CU
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 U)
sufficient for a proper pre-audit and post-audit thereof. en
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 U
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 LU
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
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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.
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m. All expenditures of state or federal financial assistance must be in compliance with the
laws, rules and regulations applicable to expenditures of State funds, including but not
limited to, the Reference Guide for State Expenditures.
n. This Agreement may be charged only with allowable costs resulting from obligations
incurred during the period of agreement.
o. Any balances of unobligated cash that have been advanced or paid that are not authorized
to be retained for direct program costs in a subsequent period must be refunded to the
Division.
p. If the purchase of the asset was consistent with the limitations on the eligible use of funds
provided by section 601(d)of the Social Security Act,the Subrecipient may retain the asset.
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject
to the restrictions on the eligible use of payments from the Fund provided by section 601(d)
of the Social Security Act.
(21)LOBBYING PROHIBTION
a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying
the Legislature,the judicial branch, or a state agency."
b. No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency. CU
c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities. U)
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 Q
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 U
or employee of any agency, a Member of Congress, an officer or employee of U)
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, U
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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
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by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more
than$100,000 for each such failure.
(22)LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of
this Agreement. The Subrecipient also certifies that the undersigned person has the
authority to legally execute and bind the Subrecipient to the terms of this Agreement.
(23)ASSURANCES
The Subrecipient must comply with any Statement of Assurances incorporated as
Attachment C.
(24)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or
modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal
Government or borrowed on the credit of the Federal Government pursuant to a grant, U
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: U)
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 u,
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 U
nondiscrimination clause. U)
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.
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iv. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
vi. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations,and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
vii. In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order CU
11246 of September 24, 1965,or by rule, regulation, or order of the Secretary of
Labor, or as Otherwise provided by law. 0
viii. The contractor will include the portion of the sentence immediately preceding en
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or ordersCD
of the Secretary of Labor issued pursuant to section 204 of Executive Order 04
11246 of September 24, 1965, so that such provisions will be binding upon each u-
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 LU
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to enter into such litigation to protect the interests of the United States.
(25)COPELAND ANTI-KICKBACK ACT
a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate
or cause to be incorporated into any contract for construction work,or modification thereof,
the following clause:
i. Contractor.The contractor shall comply with 18 U.S.C. §874,40 U.S.C. §3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
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iii. Breach.A breach of the contract clauses above may be grounds for termination
of the contract,and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. §5.12.
(26)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that
exceeds $100,000 and involves the employment of mechanics or laborers, then any such
contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations(29 CFR Part 5). 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 en
exceeds$150,000,then any such contract must include the following provision: 0
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 U)
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 M
the Division,the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
(29)BYRD ANTI-LOBBYING AMENDMENT
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a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
i. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the Subrecipient.
(30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods
or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible:
i. Placing qualified small and minority businesses and women'. business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises CU
are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or 0
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 U
.socioeconomic contracting," does not impose an obligation to set aside either the U)
solicitation or award of a contract to these types of firms. Rather, the requirement only LU
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
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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").
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SUB-RECIPIENT:
By: 111PH&&A
Name and title: Heather Carruthers Mayor
Date'
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Allison 'Digitally signed by Allison Mdeary
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vu=Recovery,ou=RecoveryCoord i nation, i
By; =Allisoi Mn-M ry,
M C Lea C m e Ilisan.Mclearyraem m Interim Bureau Chief
'Date:2020.06.17 17:55!54.04'00' U
Name and Title
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Date:
MOHRM COUNW ATfOPbW
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ASSISTANT DATE
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EXHIBIT 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project—
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance Title:
Catalog of State Financial Assistance Number:
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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.
a)
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.
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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.
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6. 1 acknowledge and agree that County shall be liable for any costs disallowed pursuant to financial or compliance en
audits of funds received. 0
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)
2
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 U)
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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: Chid
Name and title:
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Date:
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Attachment A-CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants, Loans, and Cooperative Agreements
The undersigned sub-recipient,Monroe County, certifies,to the best of his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attem tin to influence an officer or employee of an age
p g y y g cy, 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.
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or en
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 en
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 '��1d
Name and title: U
Date:
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
I Digitally signed by Allison Mdrary
Allison Mc Lea r Ouidc=wg,dc leor a�=DEµ l sPrs,o<=Fero. ry,
AerweryCoordinatian rn=Alli,onM<<eary, Interim Bureau Chief
Ilrson.McLearyaem myflarida rcm
Dare 2020 oa I I]56:513-0c'oo'
By-,
Name and title U
5-17-20
Date:
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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
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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.
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Contract-Metropolitan Community Church CARES Act-FY21;page 13 Packet Pg.4673
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ONROE COUNTY CARES
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
� CARES ACT FUNDING - FOOD PROVIDER NEEDS/CAPACITY SURVEY
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. y,
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 a,
capacity. Q
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The County will evaluate the following information and make a determination for an allocation of CARES Act a
funding. This survey is not an agreement for funding. U
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1) NAME OF ORGANIZATION: Metropolitan Community Church Key West - Cooking With co
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2) NAME OF EXECUTIVE DIRECTOR (if no Executive Director, then Grant Contact Person):
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3) ADDRESS: 1215 Petronia Street
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4) PHONE NUMBER: 305.294.8912 °1
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5) EMAIL ADDRESS: mcckeywest@gmail.com
6) REGISTERED 501C3? YES NO
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7) ORGANIZATION MISSION:
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To provide nutritionally balanced fresh meals to seniors who are food challenged
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or unable to prepare meals. We deliver these meals to each individual using teams of
faithful volunteers.
8) GEOGRAPHIC AREA WITHIN MONROE COUNTY SERVED BY YOUR
ORGANIZATION:
Key
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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:
e have been delivering meals for the past 25 years _ through hurricanes and other health
emergencies. With COVID-19 we continued to deliver meals and bags of flood with no
interruption because we followed the CDC guildliines and required masks, frequent.
hand sanatation and social distancing. We continually review and update our protocols to
ensure we are current in best practice. We talk with our clients weekly to see what needs
they might have.
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10)PLEASE INDICATE THE NUMBER OF COVID-19 IMPACTED PERSONS/FAMILIES 04
THAT YOUR ORGANIZATION HAS SERVED WITH FOOD PROVISIONS IN EACH U.
MONTH SINCE MARCH 2O20:
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March 1382 April 2598 May 4908 June 2782
3372
July August September 2927 v
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:
March April May June
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July August September
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.
March 294 April 386 May 510 June 413
July August 520 September 1916
Insert text here
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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: Appx 000 per month
March April May June
July August September
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 04
2020: U.
October 45 November 36 December 36 E
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:
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October 12,500 November 10,000 December 10,000 0
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16)AT THIS TIME WE ARE UNSURE OF ADMINISTRATIVE COSTS BEING COVERED.
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PLEASE INDICATE WHETHER YOU CAN PROVIDE YOUR SERVICES IF ONLY FOOD
SUPPLIES ARE ALLOWED WITH CARES ACT GRANT FUNDS? E
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YES NO 1
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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?
XX
YES NO E
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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 track all participants and record all our data in are excel program. We will be mile to make note
of the reason the individual is COVID-1 9 qualified.
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19) PLEASE ADD ANY FURTHER INFORMATION YOU WOULD LIKE FOR US TO KNOW
HERE:
Our food bags range from 15-20 pounds
In September we had a special delivery of drys goods that had to be given out by the end of the
month
In addition to food bags, we gave out over $5,000 in food cards.
We are a volunteer organization, however we would certinally benefit with some administrative
dollars. �~
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One of our top goals in spite of the pandemic, its to provide nutritionally balanced and fresh meal
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20) PLEASE HAVE AUTHORIZED INDIVIDUAL SIGN HERE:
Rev. Steven Torrence Pastor October 9, 02g
NAME TITLE DATE
I attest that the information provided herein is truthful and accurate:
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AGREEMENT
This Agreement is made and entered into this 21t" day of October 2020, between the BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board"
or "County," and Florida Keys Outreach Coalition, Inc., 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 U)
funds that is unused or not utilized in accordance with the CARES Act; and 0
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
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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 U)
and living in Monroe County, Florida, as provided for in this Agreement, shall pay to the PROVIDER
the sum of NINE THOUSAND AND NO/100 DOLLARS ($9,000.00) 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 U
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-FKOC CARES Act-FY21;page 1 Packet Pg.4678
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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 a
or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, E
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. cj
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RECORDKEEPING 0
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 U-
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 aEi
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.
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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 �e
deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller U-
(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 E
reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations U
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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-FKOC CARES Act-FY21;page 2 Packet Pg.4679
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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 CU
corrective actions recommended/taken; audit shall be prepared by an independent certified U)
public accountant (CPA) with a current license, in good standing with the Florida State Board 0
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 U)
this funding must strictly comply with the requirements of the CARES Act, Treasury Guidance and
State of Florida Division of Emergency Management.
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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.
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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-FKOC CARES Act-FY21;page 3 Packet Pg.4680
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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
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15. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the 0
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.
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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 L0-
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
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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-FKOC CARES Act-FY21;page 4 Packet Pg.4681
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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 aEi
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, 16t" 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, CU
County and PROVIDER agree to participate, to the extent required by the other party, in all U)
proceedings, hearings, processes, meetings, and other activities related to the substance of this 0
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 U)
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 c>
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.
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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
25. 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-FKOC CARES Act-FY21;page 5 Packet Pg.4682
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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.
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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 CU
constitutional or statutory duties of the County, except to the extent permitted by the Florida U)
constitution, state statute, and case law. 0
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 U_
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 aEi
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.
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GENERAL U)
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 0
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart. u'
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 U
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:
Stephanie Kaple, Executive Director
Florida Keys Outreach Coalition, Inc.
3154 Northside Drive, Suite 201
P.O. Box 4767
Contract-FKOC CARES Act-FY21;page 6 Packet Pg.4683
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Key West, FL 33041
Phone:(305) 295-7741
Email: skaple@fkoc.orq
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 E
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 CU
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and U)
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, 0
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 U_
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
35. 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. w
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. �e
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37. CARES ACT REQUIREMENTS. All expenditures or reimbursement for expenditures
must comply with the CARES Act, subsequent program guidance issued by the Department of EE
Treasury, other criteria of section 601(d) of the Social Security Act and the terms and conditions of
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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-FKOC CARES Act-FY21;page 7 Packet Pg.4684
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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 a
return of CARES Act funds expended by the COUNTY at the request of the PROVIDER, subject to aEi
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 CU
CARES Act appropriation, are final and not subject to any grievance, appeal, or litigation U)
administratively or otherwise. All decisions are solely within the discretion of the COUNTY. 0
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38. SURVIVAL OF PROVISIONS. Any terms or conditions of this Agreement that require CD
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acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, j
shall remain in full force and effect unless and until the terms or conditions are completed and shall
be fully enforceable by either party.
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[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
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Contract-FKOC CARES Act-FY21;page 8 Packet Pg.4685
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairman
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Florida Keys Outreach Coalition
(Federal ID No. ) E
Witness
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By
Witness Chief Executive Officer
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Contract-FKOC CARES Act-FY21;page 9 Packet Pg.4686
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ATTACHMENT A
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, , 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.
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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,
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the Florida State Auditor General, ordesignee and the County or Monroe County Clerk or
designee. U)
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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 04
04
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 U
law, those funds must be returned to the United States Department of the Treasury. <
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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 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.
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Signature Date
Contract-FKOC CARES Act-FY21;page 10 Packet Pg.4687
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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 U
(B) Total prior payments $X,XXX.XX
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(C) Total requested and paid (A + B) $X,XXX.XX U)
(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) U)
State of
County of
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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 CU
(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-FKOC CARES Act-FY21;page 11 Packet Pg.4688
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ATTACHMENT C
Agreement Between Monroe County and the DIVISION for CARES Act funding
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Contract-FKOC CARES Act-FY21;page 12 Packet Pg.4689
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Agreement Number: Y2287
CARES ACT FUNDING AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division" or "Recipient"), and Monroe
County, (hereinafter referred to as the"County"or"Subrecipient").
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 U
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 U)
government allocation,for the State to disburse to counties with populations less than 500,000. U)
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 U)
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
Packet Pg.4690
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(2) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Program Manager
will be responsible for enforcing performance of this Agreement's terms and conditions and
will serve as the Division's liaison with the Subrecipient. As part of his/her duties, the
Program Manager for the Division will monitor and document Subrecipient performance.
b. The Division's Program Manager for this Agreement is:
Wesley Saco
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850)815-4431 04
Email: Wesley.Sapp@em.myflorida.com
c. The name and address of the representative of the Recipient responsible for the
administration of this Agreement is:
Allison McLeary
Division of Emergency Management U
2555 Shumard Oak Blvd
Telephone: 850-815-4455
Email:Allison.McLeary@em.myflorida.com
U)
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. U
(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 bythe 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
U-
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. U
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 en
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 U
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
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By signing this report, I certify to the best of my knowledge and belief that
the report is true, complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and objectives set
forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud,
false statements, false claims or otherwise. (U.S. Code Title 18, Section
1001 and Title 31, Sections 3729-3730 and 3801-3812).
b. Reimbursements will only be made for expenditures that the Division provisionally
determines are eligible under the CARES Act. However, the Division's provisional
determination that an expenditure is eligible does not relieve the county of its duty to repay
the Division for any expenditures that are later determined by the Division or the Federal
government to be ineligible.
(9) RECORDS
a. Asa condition of receiving state or federal financial assistance,and as required by sections U
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, CU
papers, or other records of the Subrecipient which are pertinent to this Agreement, in order U)
to make audits, examinations, excerpts, and transcripts. The right of access also includes 0
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.myflorida.comllibrary-archives!records-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 U)
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.
U
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 U
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 CU
directly to each of the following: ua
i.
The Division of Emergency Management
DEMSingle Audit@em.myflorida.com
OR u_
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U
ua
iL
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
U
f. Fund payments are considered to be federal financial assistance subject to the Single Audit
Act and the related provisions of the Uniform Guidance.
(11)REPORTS
a. The Subrecipient must provide the Division with quarterly reports and a close-out report.
These reports must include the current status and progress of the expenditure of funds
under this Agreement, in addition to any other information requested by the Division.
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b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter
of the program year and must be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are March 31,
June 30, September 30, and December 31. The first quarterly report due pursuant to this
agreement is due for the quarter ending September 30, 2020.
c. The close-out report is due sixty(60) days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever occurs first.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they
are completed or may take other action as stated in Paragraph (15) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance
with the Budget and Scope of Work.
e. The Subrecipient must provide additional program updates or information that may be
required by the Division.
(12)MONITORING
In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS
above, monitoring procedures may include, but not be limited to, on-site visits by Division
staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and
cooperate with any monitoring procedures/processes deemed appropriate by the Division.
In the event that the Division determines that a limited scope audit of the Subrecipient is CU
appropriate,the Subrecipient agrees to comply with any additional instructions provided by 0
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 Q
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 ua
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 U
CU
Division to make further payment of funds will, if the Division elects, terminate and the
Division has the option to exercise any of its remedies set forth in Paragraph (15)
REMEDIES. However, the Division may make payments or partial payments after any
Events of Default without waiving the right to exercise such remedies, and without
becoming liable to make any further payment.
b. If any warranty or representation made by the Subrecipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or
if the Subrecipient fails to keep or perform any of the obligations,terms or covenants in this
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Agreement or any previous agreement with the Division and has not cured them in timely
fashion, or is unable or unwilling to meet its obligations under this Agreement;
c. if material adverse changes occur in the financial condition of the Subrecipient at any time
during the period of agreement, and the Subrecipient fails to cure this adverse change
within thirty(30) days from the date written notice is sent by the Division.
d, if any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
e. If the Subrecipient has failed to perform and complete on time any of its obligations under
this Agreement.
(15)REMEDIES
If an Event of Default occurs, then the Division may, after thirty(30)calendar days written notice to
the Subrecipient and upon the Subrecipient's failure to cure within those thirty (30) days, exercise
any one or more of the following remedies, either concurrently or consecutively:
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; U
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;
CU
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. en
e. Exercise any corrective or remedial actions, to include but not be limited to: 0
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 U)
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
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with the further expenditure of funds, by providing the Subrecipient with thirty(30)calendar
days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement.The amendment will state the effective date of the
termination and the procedures for proper closeout of this Agreement.
d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations
for the terminated portion of this Agreement after they have received the notification of
termination. The Subrecipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient
will not be relieved of liability to the Division because of any breach of this Agreement by
the Subrecipient. The Division may, to the extent authorized by law, withhold payments to
the Subrecipient for the purpose of set-off until the exact amount of damages due the
Division from the Subrecipient is determined.
(17)ATTACHEMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments will control, but only to the extent of the
conflict or inconsistency.
(18)PAYMENTS
a. The State of Florida, through the Division, will make a disbursement of each County
government's allocation as calculated by the United States Department of the Treasury. 0
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 U)
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
CU
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
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provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then the provision is null and void to the extent of the conflict, and is
severable, but does not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement will survive the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and
private entities on the basis of disability in employment, public accommodations,
transportation, State and local government services, and telecommunications.
f. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity 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 CU
in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. 0
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. S
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 U,
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 U
government's general account, it may use those funds to meet immediate cash U)
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.
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m. All expenditures of state or federal financial assistance must be in compliance with the
laws, rules and regulations applicable to expenditures of State funds, including but not
limited to, the Reference Guide for State Expenditures.
n. This Agreement may be charged only with allowable costs resulting from obligations
incurred during the period of agreement.
o. Any balances of unobligated cash that have been advanced or paid that are not authorized
to be retained for direct program costs in a subsequent period must be refunded to the
Division.
p. If the purchase of the asset was consistent with the limitations on the eligible use of funds
provided by section 601(d)of the Social Security Act,the Subrecipient may retain the asset.
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject
to the restrictions on the eligible use of payments from the Fund provided by section 601(d)
of the Social Security Act.
(21)LOBBYING PROHIBTION
a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying
the Legislature,the judicial branch, or a state agency." U
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. CU
c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying U)
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 en
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, U
CU
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
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by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more
than$100,000 for each such failure.
(22)LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of
this Agreement. The Subrecipient also certifies that the undersigned person has the
authority to legally execute and bind the Subrecipient to the terms of this Agreement.
(23)ASSURANCES
The Subrecipient must comply with any Statement of Assurances incorporated as
Attachment C.
(24)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or
modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal
Government or borrowed on the credit of the Federal Government pursuant to a grant, U
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: U)
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. en
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 U
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
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iv. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
vi. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations,and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
vii. In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order CU
11246 of September 24, 1965,or by rule, regulation, or order of the Secretary of 0
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 CD
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 U
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 LU
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, U
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
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iii. Breach.A breach of the contract clauses above may be grounds for termination
of the contract,and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. §5.12.
(26)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that
exceeds $100,000 and involves the employment of mechanics or laborers, then any such
contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations(29 CFR Part 5). 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. U
(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 U)
exceeds$150,000,then any such contract must include the following provision: U)
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 U
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
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a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
i. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the Subrecipient.
(30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods
or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible: U
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 CU
are solicited whenever they are potential sources; U)
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 en
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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 U
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").
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SUB-RECIPIENT:
By: llpy&&A
Name and title: Heather Carruthers Mayor
Date'
FIB#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Allison Digitally signed by Allison Mdeary
DN:do=org,do=Reoc,ou=DEM_Users, i
ou=RecovM,ou=RecoveryCoordination,
By; =AllisnnM-Mde, Interim Bureau Chief
M C Lea C Da lfi�n20.06.1 7 ViSSmem4'00' rida.com U
Date:2026.06.17 17:55!54.OR'00'
Name and Title
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Date:
MDHRM COUNW ArrOPbW
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cHR19s m r.pM�BE�YrAaAwtows
DATE A?rrC 111�! t Y U
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EXHIBIT 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project—
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance Title:
Catalog of State Financial Assistance Number:
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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.
a)
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.
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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.
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6. 1 acknowledge and agree that County shall be liable for any costs disallowed pursuant to financial or compliance U)
audits of funds received. en
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7. 1 acknowledge that if County has not used funds it has received to cover costs that were incurred by December 30,
2020, as required by the statute,those funds must be returned to the United States Department of the Treasury. >_
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:
2
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 U)
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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: Chid
Name and title:
Date: U
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Attachment A-CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants, Loans, and Cooperative Agreements
The undersigned sub-recipient,Monroe County, certifies,to the best of his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of
Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan or cooperative
agreement,the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award documents for all U
subawards at all tiers (including subcontracts,subgrants,and contracts under grants, loans,and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. CU
This certification is a material representation of fact upon which reliance was placed when this transaction was made or Cn
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 S
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$10,00d 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 '��1d
Name and title:
Date: U)
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Oig tally signed by Allison Mdrary
Allison Mc Lea r Ouidc SEµ l sPrs,o<=Ferovery,
AeweryCoordinatian C�=Allison M<<e
rem ary, Interim bureau Chief
ILson.Mdearyaem myflarida
�dre'2�20 n6 1�1]56:Stl-06'W'
By:
Name and title U
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5-17-20
Date:
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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
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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.
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Contract-FKOC CARES Act-FY21;page 13 Packet Pg.4709
NIONROE COUNTY CARES
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MONROE, COO TY BOARD OF COUNTY COMMISSIONERS
CARES ACT EC)l DIi G FOOD PItOVIDER NEEDS/CAPACITY
SURVEY
Monroe County has recogTnized food insecurity as a critical need in our community as a result of
COVID-19 pandemic, and as such will allocate.CAR-ES Act funding to help meet that needs.
Your organization has been identified as a food provider within Monroe County. The intention of
this sUrwey is to assess the community's increased .food needs arising from the COVID-19 04
pandemic and related closures and restrictions,. as w,vell as your organizations 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 frxndinj.
All CARES Act grant funds must be filly 100% expended by December 30, 2020. No exceptions.
Further, the need is now and urgent, and our expectation will be that organizations that receive U
funding will be able to in-anediately provide services and expend funds expeditiously. So please
accurately assess your organizational capacity.
The County will evaluate the followving inforaxrntion and male 4r determination for an allocation of U
CARTS Act finding. This survey is not an agreement for funding. en
1) NAME OF ORGANIZATION: Florida Keys Outreach Coalition,
Inc. >-
) NAME OF EX CI1TfVE DI ECTOR (if no Executive Director, then Grant
Contact Iverson):
Stephanie Kal2le
3) ADD ESS:222 i Patterson Ave, Key West, FL 33040 (pantry location) PO Box 4767
Kea West, FL 33041 (Preferred mailin address)
) PHONE NUMBER:BER: 30 -731-303
) EMAIL AIL ADD RE S: skai2le(a__4ikoc.org
6) REGISTERED 0IC3:? YES X NO U
7) ORGANIZATION MISSION-
'The Mission of the Florida Keys Outreach Coalition, Inc. is to provide homeless individuals and
families with the resources and opportunities by which to obtain residential, financial, and personal
stability and self-sufficiency. The FKOC further seeks to address the underlying,causes of
homelessness and work towards its elimination in Monroe County, Florida,
) GEOGRAPHIC AREA WITHIN M(NROE COUNTY
SERVED BY YOUR ORGANIZATION:
Key West and Stock Island Packet Pg.4710
9) BRIEF NARRATIVE DESCRIPTION OF YOUR O ANI ATION'S
EXPERIENCE WITH THE C VID-19 I'AN E IIC'S IMPACT ON FOOD SECURITY
NEEDS IN OUR COMMUNITY AND/CAR IN TI-Ili GEOGRAPHIC AREA SERVED BY
OUR ORGANIZATION:
FKOC's Loaves ayes &Fish Forks pantry immediately expanded our services to reach the sudden and drannatic increase
in demand for food. FKOC's pantry is traditionally a small,dray Ggoods pantry. However,we were able to acid some
limited refrigeration,increase our volunteer base,and provide e larger bags of Food to more households. At Oyu-peak
of distribution, we were serving outer ,50 households a week-,rap from our typical 125 a month. Fora period of
tine Following the reopening of the Florida Revs,our-numbers dropped back down. �
However.in recent weeks,the numbers have a-ain been increasing and we are receiving more requests from
families. To Letter meet this need and maintain our current bud-et(a traditional fear's budget)we have establishers
;a better partnership with Farm Share to provide our shell-stable products and focusing our other hands on fresh
items that we can safely store within our capacities such as eggs, milk, and loaves of bread. Q)
Those seeking food are telling us that they service industry employees who have returned to Work but are at reduced
hours and some have had their pay rate reduced. Their current income is not enough for them to meet their current U
hells, let alone the past clue bills from when they were not tvorkirr4`. Thus they are trying to catch up,but not (n
actually earning enough money to meet their own expenses. The pantry is one resource to help till their income �
gap. With additional funds, we would be able to provide more nutritious food and a n3ore appropriate amount of
food for-the househoId size. U)
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10) PLEASE INDICATE THE NUMBER OF COVID-19 IMPACTED
PERSONS/FAMILIES THAT YOUR RGANIZ TI N HAS SERVED WITH
FOOD PROVISIONS IN EACH MONTH SINCE N`IA CH 2O20: E
InHouseholds:
March 273 April 1150 May 2,216 Jane 119
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July 600 August 395 September 424 U)
1 ) IF VOLT HAVE TE NOT BEEN TRACKING COVID-IMPACTED PERSONS, THEN
PLEASE INDICATE THE NUMBER OF PERSONS/FAMILIES YOUR
ORGANIZATION HAS SERVED WITH FOOD PR VISIONS-
March April May June
_ v
July August September
12) PLEASE INDICATE THE NUMBER OF POUNDS/PALLETS OF FOOD
SUPPLIES THAT YOUR ORGANIZATION HAS DISTRIBUTED TO C VI 19
IMPACTED PERSON IN EACH MONTH SINCE, )/LXRCH 2020.
BAGS OF GROCERIES
March 439 April 1303 May 2418 Jayne
1247
July 825 August 526 September 57
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13) PLEASE INDICATE THE NUMBER OF COVI. -19 IMPACTED
PERSCINS/FAMILIES THAT YOU ANTICIPATE NEEDING TO CONTINUE TO
SERVE FOR THE MONTHS OF OCTOBE , NOVEMBER AND DECEMBER 2020:
October 475 November 475 December 475
1.4 PLEASE INIIICATE `HE NUMBER OF POUNDS/PALLETS OF FOOD
SUPPLIES THAT YOU ANTICIPATED NEEDING TO CONTINUE TO PROVIDE TO
CCIVID-19 IMPACTED PERSONS/FAMILIES FOR THE MONTHS OF OCTOBER,
NOVEM ER AND DECE MBER 2020<
Gs of Groceries:
October 725 N ovember- 72 5 December 72
1 )ESTIMATE THE COST OF THE PROVISION OF THE MONTHLY FOOD
AMOUNT TO MEET THE PROJECTED NEED FOR THE ;MONTHS OF u
OC'I OBER,NOVE BER, AND DECEMBER, NOT INCLUDING Cn
ADMINISTRATIVE COSTS:
October $3000 November S33000 December ber U)
S3000 en
IC) AT THIS TIME WE ARE UNSURE CIE ADMINISTRATIVE COSTS BEING
COVE RED. PLEASE INDICATE WHETHER YOU CAN PROVIDE YOUR
SERVICES IF ONLY FOOD SUPPLIES ARE ALLOWED WITH CARES ACT
GRANT FUNDS?
YES X NO u
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17) CARES ACT FUNDING MAY ONLY BE USED FOR COVI -19 RELATED
NEEDS. THEREFORE ORE YOU MUST BE ABLETO TRACK AND DOCUMENT THE
NUMBER OF PERSONS/F'ANHLIES YOU SERVE THAT ARE COVID- 9
IMPACTED.. DO YOU HAVE THE CAPACITY TO TRACK THIS DATA?
YES X NO
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18) IF YES, PLEASE DESCRIBE HOW YOU ARE CURRENTLY TRACKING OR
WILL, TRACK AND DOC INIENT THIS? YOU WILL BE REQUIRED TO PROVIDE
THIS DOCI,M-E NTH TION To US MONTHLY.
Every household completes a brief survey stating the size of the household and where they lire. We have been
noting if they are coy id related to these forms but can add other brief questions as needed. A€nonthly repoat is
pro�i.ded to our administration team and tracked.
Packet Pg.4712
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1 ) PLEASE ADD ANY FURTHER E INFORMATION YOU WOULD LIKE FOR U
TO KNOW HERE:
Additionally, funding would allowV us to Continue to meet the,needs of the community. While we don't ex ect to
see,or at least hope not to see the high numbers wvc slid while the road was shut down; we expect to see a Continued
increase its need as most community members are not back to their pre-C°C)M incorne. !mother important aspect
of tliis is adding more nutritious Food to the par7trv. We want to ensu re we are not only push in-canned goods but
providing food that is appropriate and necessary for a balanced diet. Currently, we have not been {-ettim_y breakfast
foods, awhile in<.I natural disaster we might say `spa-hetti for breakfast!"Ilowwever,we cannot .ask our children and
seniors to live like that for months, Thais We have to look at how can add things like bread,cereal, fresh ve-etables,
efts.and fresh l`ru ts, We hope to otter a more ww'ell-routided bag while still working
g with our means for
refrigeration and food storage
I do want to Stress that l believe what our local -overnment has done for so manv is remarkable and a true reflection U_
of the spirit of the.Keys. This type of care and help is not happeninLY everywhere. I am very proud of my Q)
community f orn top to bottom for their efforts to help one:another thru these challenging times.
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) PLEASE HAVE Au'rHORIZED INDIVIDUAL UAL SIGN HERE:
N AM L TITLE DATE
I attest at the information provided herein is truthful and accurate:
Packet Pg.4713
AGREEMENT
This Agreement is made and entered into this 21t" 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
a)
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 U
WHEREAS, the Agreement with the DIVISION provides that funds may only be used on
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eligible expenditures as defined by the CARES Act, and related guidance from the U.S. Department 0
of the Treasury, and the COUNTY agrees to repay the State of Florida any portion of the disbursed U)
funds that is unused or not utilized in accordance with the CARES Act; and en
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WHEREAS, the COUNTY recognizes the provision of food to COVID-19 impacted persons N
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
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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.
0
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 U
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 Packet Pg.4714
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 a
or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, E
unless otherwise required by law.
S. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with U
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
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to purchase capital assets. 0
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RECORDKEEPING en
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6. RECORDS AND RIGHT TO AUDIT. PROVIDER shall maintain all books, records, and N
documents directly pertinent to performance under this Agreement in accordance with generally j
accepted accounting principles consistently applied. Each party to this Agreement or their U-
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 aEi
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.
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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 0
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 m
(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 E
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") CU
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 Packet Pg.4715
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
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that expend $150,000 a year or more; if qualified, include a statement of deficiencies with 0
corrective actions recommended/taken; audit shall be prepared by an independent certified U)
public accountant (CPA) with a current license, in good standing with the Florida State Board en
of Accountancy.
(f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; N
(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.
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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. E
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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 Packet Pg.4716
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.
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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, U
contractors, servants or agents to be employees of the Board.
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COMPLIANCE ISSUES
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15. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the en
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.
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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 OC
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 0°
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 CU
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 Packet Pg.4717
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 a)
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, 16t" Judicial Circuit, Monroe County, Florida. U
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, 0
County and PROVIDER agree to participate, to the extent required by the other party, in all U)
proceedings, hearings, processes, meetings, and other activities related to the substance of this U)
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. j
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. 0
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. E
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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
25. 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 Packet Pg.4718
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. as
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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 U
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
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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 U)
constitution, state statute, and case law. en
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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 j
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 aEi
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. 0°
31. NOTICE. Any notice required or permitted under this agreement shall be in writing as
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 Packet Pg.4719
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 a
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and E
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.
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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
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any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and 0
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, U)
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent U)
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 j
provision with a valid provision that comes as close as possible to the intent of the stricken U-
provision.
35. 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.
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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 U
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 Packet Pg.4720
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 as
return of CARES Act funds expended by the COUNTY at the request of the PROVIDER, subject to as
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 U
PROVIDER if it is disallowed by the federal government.
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All decisions by the COUNTY for the expenditure of funds under this Agreement, from the COUNTY's nU
CARES Act appropriation, are final and not subject to any grievance, appeal, or litigation U)
administratively or otherwise. All decisions are solely within the discretion of the COUNTY. en
38. SURVIVAL OF PROVISIONS. Any terms or conditions of this Agreement that require CD
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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.
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[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
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Contract-Burton Memorial CARES Act-FY21;page 8 Packet Pg.4721
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairman
Burton Memorial United Methodist Church
(Federal ID No. ) �,
Witness
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By
Witness Chief Executive Officer
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Contract-Burton Memorial CARES Act-FY21;page 9 Packet Pg.4722
ATTACHMENT A
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, , 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.
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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,
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the Florida State Auditor General, ordesignee and the County or Monroe County Clerk or
designee. U)
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5. 1 acknowledge that PROVIDER has an affirmative obligation to identify and report any
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duplication of benefits. I understand that the County and the State of Florida has an
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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 U
law, those funds must be returned to the United States Department of the Treasury. U)
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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. o
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.
Signature Date
Contract-Burton Memorial CARES Act-FY21;page 10 Packet Pg.4723
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 U
(B) Total prior payments $X,XXX.XX
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(C) Total requested and paid (A + B) $X,XXX.XX en
(D) Total contract amount $X,XXX.XX U)
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) U)
State of
County of 0
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 Packet Pg.4724
ATTACHMENT C
Agreement Between Monroe County and the DIVISION for CARES Act funding
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Contract-Burton Memorial CARES Act-FY21;page 12 Packet Pg.4725
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 0
government allocation,for the State to disburse to counties with populations less than 500,000. U)
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. U
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. U
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
Packet Pg.4726
(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
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Telephone: (850)815-4431
Email: Wesley-Sapp@em.myflorida.corn u,
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 U
2555 Shumard Oak Blvd ur
Telephone: 850-815-4455
Email:Allison.McLeary@em.myflorida.com
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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. U
U)
(5) MODIFICATION
This agreement may not be modified.
(6) PERIOD OF AGREEMENT 0
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 U
a. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation bythe 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.
2
Packet Pg.4727
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
U-
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. U
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 0
(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 U)
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 o
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
Packet Pg.4728 i
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 U
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
CU
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 en
to make audits, examinations, excerpts, and transcripts. The right of access also includes 0
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 c�
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.myflorida.comllibrary-archives!records-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 U)
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 o
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.
U
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.
4
Packet Pg.4729
(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 U
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 CU
directly to each of the following: en
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
U
ua
iL
The Auditor General
Room 401, Claude Pepper Building 0
111 West Madison Street
Tallahassee, Florida 32399-1450
U
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
Packet Pg.4730
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 U
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 CU
appropriate,the Subrecipient agrees to comply with any additional instructions provided by ua
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. y-
(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 U
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.
0
(14)DEFAULT
a. If any of the following events occur ("Events of Default"), all obligations on the part of the U
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
Packet Pg.4731
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; U
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;
CU
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. U)
e. Exercise any corrective or remedial actions, to include but not be limited to: en
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 U
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 U
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
Packet Pg.4732
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 U
conflict or inconsistency.
(18)PAYMENTS
a. The State of Florida, through the Division, will make a disbursement of each County U)
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 en
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 U
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
Packet Pg.4733
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 U
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 CU
in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. U)
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. S
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 U)
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 o
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
Packet Pg.4734
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." U
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. CU
c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying en
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 U)
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 o
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 CU
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
Packet Pg.4735
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: U)
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. U)
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. o
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 U
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
Packet Pg.4736
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 U
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 CU
11246 of September 24, 1965,or by rule, regulation, or order of the Secretary of U)
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 CD
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 U
threatened with, litigation with a subcontractor or vendor as a result of such U)
direction by the administering agency the contractor may request the United States LU
to enter into such litigation to protect the interests of the United States.
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(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, M
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
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iii. Breach.A breach of the contract clauses above may be grounds for termination
of the contract,and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. §5.12.
(26)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that
exceeds $100,000 and involves the employment of mechanics or laborers, then any such
contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations(29 CFR Part 5). 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. U
(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 0
exceeds$150,000,then any such contract must include the following provision: U)
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 U
C.F.R. pt. 3000. As such the contractor is required to verify that none of the U)
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. 0
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 U
but not limited to suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
(29)BYRD ANTI-LOBBYING AMENDMENT
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a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
i. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the Subrecipient.
(30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods
or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible: U
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
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ii. Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources; en
iii. Dividing total requirements, when economically feasible, into smaller tasks or 0
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 U)
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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 o
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").
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SUB-RECIPIENT:
By: llpy&&A
Name and title: Heather Carruthers Mayor
Date'
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
y� Digitally signed by Allison Mdeary
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ou=RecovM,ou=RecoveryCoordination,
By; -Allison Interim Bureau Chief
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Date:2020.06.17 17:55!54.04'00'
Name and Title
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EXHIBIT 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project—
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance Title:
Catalog of State Financial Assistance Number:
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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.
a)
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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. CU
6. 1 acknowledge and agree that County shall be liable for any costs disallowed pursuant to financial or compliance 0
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)
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); U
b. were not accounted for in the budget most recently approved as of March 27, 2020,for County; and LU
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c. were incurred during the period that begins on March 11 2020 and ends on December 30, 2020.
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In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction has o
incurred eligible expenses between March 1, 2020 and the date noted below.
By: mid
Name and title:
Date:
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Packet Pg.4742
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 U
subawards at all tiers (including subcontracts,subgrants,and contracts under grants, loans,and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. CU
This certification is a material representation of fact upon which reliance was placed when this transaction was made or 0
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�
Name and title: U
Date: U)
STATE OF FLORIDA
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DIVISION OF EMERGENCY MANAGEMENT
I Digitally signed by Allison Mdrary
Interim bureau Chief
Allison Mc Lea r Ouidc=wg,dc=floor a�=DEµ llsPrs,o�=Ferovery,
AerweryCoordinatian rn=Alli,onM<<eary,
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Dare 2020 oa I�I]56:513-0c'oo'
By:
Name and title
5-17-20
Date:
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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
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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.
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Contract-Burton Memorial CARES Act-FY21;page 13 Packet Pg.4745
MONROE COUNTY CARES
t MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
1 T
fi CARES ACT FUNDING-FOOD PROVIDER NEEDS/CAPACITY
le.J, SURVEY
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.
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Further,the need is now and urgent, and our expectation will be that organizations that receive 2
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funding will be able to immediately provide services and expend funds expeditiously. So please 0
accurately assess your organizational capacity. Cn
The County will evaluate the following information and make a determination for an allocation of Cl)
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 W
5) EMAIL ADDRESS: _bae_bmumc@att.net
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6) REGISTERED 501C3? YES_X NO
7) ORGANIZATION MISSION: We are an uncommon church for common people offering a 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 U
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:
Packet Pg.4746
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 E
THAT YOUR ORGANIZATION HAS SERVED WITH FOOD PROVISIONS IN EACH
MONTH SINCE MARCH 2O20:
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March April May June
July August September
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11) IF YOU HAVE NOT BEEN TRACKING COVID-IMPACTED PERSONS, THEN Cn
PLEASE INDICATE THE NUMBER OF PERSONS/FAMILIES YOUR ORGANIZATION en
HAS SERVED WITH FOOD PROVISIONS: .-
Please note that the numbers below were not adjusted to only show covid-19 affected Q
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
E
clients were affected.
March Per 502/Fam 188 April Per 1047/Fam 357 May Per 1050/Fam 357 June Per 856/Fam
298
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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 0
IN EACH MONTH SINCE MARCH 2O20.
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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
Packet Pg.4747
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 aa)
IMPACTED PERSONS/FAMILIES FOR THE MONTHS OF OCTOBER, NOVEMBER AND
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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 CU
TO MEET THE PROJECTED NEED FOR THE MONTHS OF OCTOBER, NOVEMBER, 0
AND DECEMBER, NOT INCLUDING ADMINISTRATIVE COSTS: 0
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? E
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YES X NO
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17) CARES ACT FUNDING MAY ONLY BE USED FOR COVID-19 RELATED NEEDS. en
THEREFORE YOU MUST BE ABLE TO TRACK AND DOCUMENT THE NUMBER OF
PERSONS/FAMILIES YOU SERVE THAT ARE COVID-19 IMPACTED. DO YOU HAVE
c.>
THE CAPACITY TO TRACK THIS DATA?
YES X NO
18) IF YES, PLEASE DESCRIBE HOW YOU ARE CURRENTLY TRACKING OR WILL E
TRACK AND DOCUMENT THIS? YOU WILL BE REQUIRED TO PROVIDE THIS U
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.
Packet Pg.4748
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
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-I9 grants to assist us
with these purchases, which ran out mid August. Yours is the first grant we have seen for Covid-I9
food since those initial grants in April.
20) PLEASE HAVE AUTHORIZED INDIVIDUAL SIGN HERE:
Kerry Foote,Pastor, October 8, 2020
NAME TITLE DATE
I attest that the information provided herein is truthful and accurate:
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AGREEMENT
This Agreement is made and entered into this 21t" day of October 2020, between the BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board"
or "County," and Florida Keys Healthy Start Coalition, Inc., hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of
care coordination services to pregnant women and infants regardless of their socio-economic status
to ensure that early care is directed to those families where there is the best chance of preventing
or minimizing adverse outcomes 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
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WHEREAS, the COUNTY and the Florida Division of Emergency Management (herein after v,
DIVISION) entered into a CARES Act funding agreement which distributes an initial disbursement
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of 25% of the COUNTY's allocation; and
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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 Q
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: U
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FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially
and satisfactorily providing care coordination services to pregnant women and infants negatively
impacted by the COVID-19 crisis and living in Monroe County, Florida, as provided for in this U)
Agreement, shall pay to the PROVIDER the sum of FIFTEEN THOUSAND, SEVEN HUNDRED AND
NO/100 DOLLARS ($15,700.00) 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
Contract-Healthy Start Coalition CARES Act-FY21;page 1 Packet Pg.4750
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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
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.
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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, v,
unless otherwise required by law.
S. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with U)
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. Q
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 W
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.
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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 CU
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 CU
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
Contract-Healthy Start Coalition CARES Act-FY21;page 2 Packet Pg.4751
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Records, assets, and activities relating to this Project. The right to audit provisions survives the
termination of expiration of this Agreement.
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): as
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(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 U
617.01201, or proof of exemption from registration as per Florida Statute 496.406. v,
(c) List of the Organization's Board of Directors of which there must be at least 5 and for each
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board member please indicate when elected to serve and the length of term of service; 0
(d) Evidence of annual election of Officers and Directors/Directors At-Large or bi-annual election U)
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of Officers and Directors/Directors At-Large as applicable; S
(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 Q
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; as
(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. U
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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 CU
in Attachment D to residents of Monroe County, Florida. The Provider agrees and understands that U)
this funding must strictly comply with the requirements of the CARES Act, Treasury Guidance and
State of Florida Division of Emergency Management. a
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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.
Contract-Healthy Start Coalition CARES Act-FY21;page 3 Packet Pg.4752
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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.
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 a)
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 U
amount of such fee, commission, percentage, gift, or consideration. v,
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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 U)
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
15. 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 U
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. U)
17. NON-DISCRIMINATION. The COUNTY and PROVIDER agree that there will be no CU
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. as
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
Contract-Healthy Start Coalition CARES Act-FY21;page 4 Packet Pg.4753
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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
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.
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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 U
the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute v,
or claim. If the issue or issues are still not resolved to the satisfaction of the parties, then any party
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shall have the right to seek such relief or remedy as may be provided by this agreement or by 0
Florida law. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit U)
Court, 16t" Judicial Circuit, Monroe County, Florida.
20. COOPERATION. In the event any administrative or legal proceeding is instituted Q
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 a)
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.
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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 U)
of an commercial liability insurance coverage, self-insurance coverage, or local y y g g government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability a
coverage, nor shall any contract entered into by the County be required to contain any provision X
for waiver.
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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 CU
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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
25. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners from any and all
Contract-Healthy Start Coalition CARES Act-FY21;page 5 Packet Pg.4754
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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
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. U
28. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional
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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 U)
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 U)
30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number CU
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.
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31. NOTICE. Any notice required or permitted under this agreement shall be in writing C
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:
Arianna Nesbitt, Chief Executive Officer
Contract-Healthy Start Coalition CARES Act-FY21;page 6 Packet Pg.4755
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Florida Keys Healthy Start Coalition, Inc.
1100 Simonton Street, Room #1
P.O. Box 6166
Key West, FL 33041
Phone:(305)293-8424
Email: ceo@KeysHealthyStart.orge
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.
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33. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept v,
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and
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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. U)
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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 as
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.
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35. 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. U)
36. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the a
parties hereto with respect to the subject matter hereof and supersedes any and all prior X
agreements with respect to such subject matter between the PROVIDER and the Board.
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37. CARES ACT REQUIREMENTS. All expenditures or reimbursement for expenditures U
must comply with the CARES Act, subsequent program guidance issued by the Department of CU
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
Contract-Healthy Start Coalition CARES Act-FY21;page 7 Packet Pg.4756
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The PROVIDER will not receive any CARES Act funding for any expense or cost that is paid for or
reimbursed by another source.
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 a)
that the PROVIDER agrees to pay the COUNTY back to the extent that the state and federal a�
government reauires 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 U
return of CARES Act funds expended by the COUNTY at the request of the PROVIDER, subject to v,
any applicable appeal of the federal government's eligibility determination that may be sought.
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The COUNTY will not be responsible for any expenditure it agrees to make on behalf of the U)
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 CD
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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. U
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[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] CU
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Contract-Healthy Start Coalition CARES Act-FY21;page 8 Packet Pg.4757
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairman
Healthy Start Coalition
(Federal ID No. )
Witness
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By
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Witness Chief Executive Officer
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Contract-Healthy Start Coalition CARES Act-FY21;page 9 Packet Pg.4758
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ATTACHMENT A
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, , 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. U
4. 1 acknowledge that all records and expenditures are subject to audit b the United States
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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 0
designee.
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5. 1 acknowledge that PROVIDER has an affirmative obligation to identify and report any
04
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 U
incurred outside of the period of March 1, 2020 to December 30, 2020, and as required by the en
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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
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and the costs that have been or will be incurred between March 1 to December 30,2020.
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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.
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Signature Date
Contract-Healthy Start Coalition CARES Act-FY21;page 10 Packet Pg.4759
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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
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(A) Total X.XXX.XX
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(B) Total prior payments $X,XXX.XX
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(C) Total requested and paid (A + B) $X,XXX.XX en
(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 U
Attachments (Supporting Documentation)
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TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
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County of
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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-Healthy Start Coalition CARES Act-FY21;page 11 Packet Pg.4760
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ATTACHMENT C
Agreement Between Monroe County and the DIVISION for CARES Act funding
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Contract-Healthy Start Coalition CARES Act-FY21;page 12 Packet Pg.4761
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Agreement Number: Y2287
CARES ACT FUNDING AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division" or "Recipient"), and Monroe
County, (hereinafter referred to as the"County"or"Subrecipient").
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. U
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 U)
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 U
Recipient is required to perform. U)
ii. A provision dividing the agreement into quantifiable units of deliverables that must uJ
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. U)
iii. A provision specifying the financial consequences that apply if the Subrecipient
fails to perform the minimum level of service required by the agreement.
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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
Packet Pg.4762
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(2) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Program Manager
will be responsible for enforcing performance of this Agreement's terms and conditions and
will serve as the Division's liaison with the Subrecipient. As part of his/her duties, the
Program Manager for the Division will monitor and document Subrecipient performance.
b. The Division's Program Manager for this Agreement is:
Wesley 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 U
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. en
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(5) MODIFICATION
This agreement may not be modified.
(6) PERIOD OF AGREEMENT U)
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 CU
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 U
contingent upon an annual appropriation bythe 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.
2
Packet Pg.4763
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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 U
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 U)
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 U
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 CU
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 CU
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
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By signing this report, I certify to the best of my knowledge and belief that
the report is true, complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and objectives set
forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud,
false statements, false claims or otherwise. (U.S. Code Title 18, Section
1001 and Title 31, Sections 3729-3730 and 3801-3812).
b. Reimbursements will only be made for expenditures that the Division provisionally
determines are eligible under the CARES Act. However, the Division's provisional
determination that an expenditure is eligible does not relieve the county of its duty to repay
the Division for any expenditures that are later determined by the Division or the Federal
government to be ineligible-
(9) RECORDS U
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, U)
papers, or other records of the Subrecipient which are pertinent to this Agreement, in order en
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/. U
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 uJ
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 U
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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U.6.e
(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 u,
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 U
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
CU
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 ua
directly to each of the following: en
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
ua
iL
The Auditor General
Room 401, Claude Pepper Building ua
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
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U.6.e
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 U
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
CU
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 en
appropriate,the Subrecipient agrees to comply with any additional instructions provided by 0
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 c�
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 U
which result in claims or suits against the Division,and agrees to be liable for any damages <
proximately caused by the acts or omissions to the extent set forth in section 768.28,
Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by
any party to which sovereign immunity applies. Nothing herein will be construed as consent
by a state agency or subdivision of the State of Florida to be sued by third parties in any
matter arising out of this Agreement.
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a)
(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
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U.ti.e
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 U
the county under the Revenue Sharing Act of 1972 described in Part li of Chapter U)
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 en
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
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U.6.e
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 U
the attachments, the language of the attachments will control, but only to the extent of the
conflict or inconsistency.
(18)PAYMENTS U)
a. The State of Florida, through the Division, will make a disbursement of each County 0
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
U
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 en
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
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U.ti.e
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 U
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 en
in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. U)
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.
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U.6.e
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
CU
directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency. U)
c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying 0
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: U
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 UJI
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
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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 CU
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." CU
iv. The Subrecipient must require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements)and that all Subrecipient s shall
certify and disclose.
v. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
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by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more
than$100,000 for each such failure.
(22)LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of
this Agreement. The Subrecipient also certifies that the undersigned person has the
authority to legally execute and bind the Subrecipient to the terms of this Agreement.
(23)ASSURANCES
The Subrecipient must comply with any Statement of Assurances incorporated as
Attachment C.
(24)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or
modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal
Government or borrowed on the credit of the Federal Government pursuant to a grant,
contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program CU
involving such grant, contract, loan, insurance, or guarantee, the following equal 0
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 u-
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 U
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 M
essential job functions discloses the compensation of such other employees or CU
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
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U.6.e
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 U
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
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authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order en
11246 of September 24, 1965,or by rule, regulation, or order of the Secretary of U)
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:
U
Provided, however, that in the event a contractor becomes involved in, or is U)
LU
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. i
U)
(25)COPELAND ANTI-KICKBACK ACT
a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate CU
or cause to be incorporated into any contract for construction work,or modification thereof,
the following clause:
i. Contractor.The contractor shall comply with 18 U.S.C. §874,40 U.S.C. §3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
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iii. Breach.A breach of the contract clauses above may be grounds for termination
of the contract,and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. §5.12.
(26)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that
exceeds $100,000 and involves the employment of mechanics or laborers, then any such
contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations(29 CFR Part 5). 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.
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(27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT 0
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 en
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. U)
3000,subpart C and must include a requirementto complywith these regulations
in any lower tier covered transaction it enters into.
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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. U
iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
(29)BYRD ANTI-LOBBYING AMENDMENT
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a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
i. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the Subrecipient.
(30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods
or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible:
i. Placing qualified small and minority businesses and women'. business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises U)
are solicited whenever they are potential sources; en
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 U_
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 U
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").
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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=Recovery,ou=RecoveryCoordination,
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By: =AllisonMcLeary, rlter�nl Bureau Chief
Ilis n.Mdearmem.myfEorida.com
Date
M C Lea C :2020.06.17 17:55!54.04'00'
Name and Title crj
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Date: At
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EXHIBIT 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project—
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance Title:
Catalog of State Financial Assistance Number:
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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. U)
6. 1 acknowledge and agree that County shall be liable for any costs disallowed pursuant to financial or compliance
audits of funds received.
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7. 1 acknowledge that if County has not used funds it has received to cover costs that were incurred by December 30, >'
2020, as required by the statute,those funds must be returned to the United States Department of the Treasury.
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 U
March 13, 2020 with respect to the Coronavirus Disease 2019 (COVID-19); Cn
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.
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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. CU
By: mid
Name and title:
Date:
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Attachment A-CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants, Loans, and Cooperative Agreements
The undersigned sub-recipient,Monroe County, certifies,to the best of his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of
Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan or cooperative
agreement,the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in L
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 CU
agreements) and that all subrecipients shall certify and disclose accordingly. Cn
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. U,
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: �'��1d
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Name and title:
Date:
STATE OF FLORIDA
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DIVISION OF EMERGENCY MANAGEMENT
I Digitally signed by Allison Mdrary
dc=wgcleAIIison M�Lear i�o=n DcEnµ=All lsi,Porsn,Mo�<=<eFaeryro,
Interim Bureau Chief
Ilrson.McLearyaem myflorida rcm
By-, Dare 202o n6 11 1 7 56:58-0 W
Name and title
5-17-20
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Date: CU
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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
04
CFO MEMORANDUM NO. 04(2005-06) Compliance Requirements for Agreements
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ATTACHMENT D
Specific description and list of services to be provided under this contract:
Provision of care coordination services to pregnant women and infants to struggling women and
families negatively impacted by the COVID-19 crisis.
See attached Organization Survey and email.
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Contract-Healthy Start Coalition CARES Act-FY21;page 13 Packet Pg.4781
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r ' ONROE COUNTY CARES
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CARES ACT FUNDING - FOOD PROVIDER NEEDS/CAPACITY SURVEY
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 CVI -19 pandemic and related closures
and restrictions, as well as your oranizatio '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 U_
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 u
capacity.
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The County will evaluate the following information and make a determination for an allocation of CARES Act 0
funding. This survey is not an agreement for funding. 0
ORGANIZATION:1) NAME OF Florida Keys _Healthy Start Coalition
2) NAME OF EXECUTIVE DIRECTOR(if no Executive Director,then Grant Contact es ):
Arinaltll
3) S: PO Box 6166 Key West, FL 3300
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NUMBER:4) PHONE 30 - 93- 2 en
} EMAIL ADDRESS: ceo_ keysheltstart.org____
REGISTERED ? YES X NO Cn
} ORGANIZATION MISSION:
The Florida Keys Healthy Start Coalition unites people and resources to improve the health and well-being
of pregnant women, children, and their families in Monroe County. e
8) GEOGRAPHIC AREA WITHIN MONROE COUNTY SERVED BY YOUR
All of Monroe County
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9) BRIEF NARRATIVE DESCRIPTION OF YOUR ORGANIZATION'S EXPERIENCE WITH
THE - ACT ON FOOD SECURITY NEEDS IN OUR
AND/ORCOMMUNITY SERVED
ORGANIZATION:
FKHSC serves pregnant women,infants,children ages 0-5 and their families.During COVID-19 we have become the go-to agency
for food support for this population,primarily baby food,formula,and special needs for pregnant women.Working in partnership with the
other food support agencies(pantries and distribution sites including but not limited to SOS,KAIR,FKOC,and several local churches)
and serving as the experts on maternal and child health and nutrition in our community,we have been the agency providing this population
with formula support,breastfeeding support,and nutrition for women with complicated pregnancies or babies/toddlers with special needs.
Formula can be very expensive and babies should not"switch"to whatever is available--which makes it very difficult for pantries to stock 04
the variety of formulas on the market.We also provide medical grade breast pumps,breastfeeding kits,breastfeeding education,
breastfeeding support groups,and lactation support in an effort to improve access to infant nutrition that is readily available(with proper
support).Our increases in infant nutrition and breastfeeding assistance have quadrupled since March.Families also turn to us for referrals
to food banks,distribution events,and pantries.We have launched several supportive initiatives such as transportation,delivery of baby
supplies and items such as diapers,wipes,car seats,and strollers,in order to allow families'available resources to go to other bills and
needs.Our staff has strong partnerships with WIC and helps enroll our clients in that program,however WIC only covers three weeks of
assistance and FKHSC often serves as the payer of last resort for the 4th week of the month. U
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04
1 )PLEASE INDICATE THE NUMBER OF COVID-19PERSONS/FAMILIES
THAT YOUR ORGANIZATION HAS SERVED WITH FOOD PROVISIONS
MONTH SINCE MARCH 2020: a)
2
March 46 Aril 4a May 40 June 39
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July 37 August 40 September 45
11) IF YOU HAVE - ACT Cn
INDICATE THE NUMBER OF PERSONS/FAMILIESYOUR ORGANIZATIONS
SERVED WITH FOOD PROVISIONS:
March _ _ NA-------------- April May June
July August September
12) PLEASE ICATE THE NUMBER OF POUNDS/PALLETS OF FOOD SUPPLIES THAT
YOUR ATION HAS DISTRIBUTED TO COVID-19 IMPACTED
EACH MONTHSINCE MARCH 2020. "CANS OF FORMULA+MEDICAL GRADE BREAST PUMPS"
30 CANS OF FORMULA 32 CANS 24 CANS 23 CANS
March 16 BREASTPUMPS Aril 16 PUMPS May 16 PUMPS June 16 PUMPS
21 CANS 24 CANS 29 CANS
July 16 PUMPS August 16 PUMPS September 16 PUMPS
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13) LASE INDICATE THE NUMBER OF COVID-19ACTPERSONS/FAMILIES
THAT YOU ANTICIPATE NEEDING TO CONTINUE TO SERVE FOR THE MONTHS OF
OCTOBER,NOVEMBER AND DECEMBER :
March rll y June
July August September
OCTOBER:46 NOVEMBER:46 DECEMBER:46
14)PLEASE INDICATESUPPLIES
04
YOU ANTICIPATED NEEDING TO CONTINUE TO PROVIDE TO COVID-19 IMPACTED
U-
PERSONS/FAMILIES FOR THE MONTHS OF OCTOBER,
:
30 CANS OF FORMULA 30 CANS 30 CANS
a)
16 BREAST PUMPS 16 PUMPS 16 PUMPS 2
October November December
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15)ESTIMATE THE COST OF THE PROVISION OF THE MONTHLY FOOD AMOUNT TO 2
MEET THE PROJECTED NEED FOR THE MONTHS OF ,
DECEMBER, NOT INCLUDING ADMINISTRATIVES: U)
$900 FORMULA $900 FORMULA $900 FORMULA U)
October $1000 PUMP November $1000 PUMP December $1000 PUMP V-
<4
$1900 TOTAL $1900 TOTAL $1900 TOTAL 04
)AT THIS TIME WE ARE UNSURE OF ADMINISTRATIVEI a
PLEASE INDICATE WHETHER YOU CAN PROVIDE YOUR SERVICES IF ONLY FOOD
SUPPLIES ARE ALLOWED WITH CARES ACT GRANT FUNDS?
YES X NO "
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7) CARES ACT FUNDING MAY ONLY BE USED FOR COVID-19
THEREFORE YOU UST BE ABLE TO TRACK AND DOCUMENTT
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PERSONS/FAMILIES - 9 IMPACTED. DO YOU HAVE
DATA?THE CAPACITY TO TRACK THIS
YES X
NO
) IF YES, PLEASE DESCRIBE HOW YOU ARE CURRENTLY TRACKING OR WILL TRACK
AND NTT ? YOU WILL BE REQU11RED TO PROVIDE THIS
MONTHLY.DOCUMENTATION TO US
All requests for food support and supplies are tracked through electronic and hard copy client assistance forms,filled out by staff that include a
section on COVID-19 impact.
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19) PLEASE ADD ANY FURTHER INFORMATION YOU WOULD LIKE FOR US TO KNOW
We currently have 16 medical grade breast pumps that are checked out by clients---all 16 are always in use.Since they are medical grade,
there is no risk of infection transmission. Each pump is$800 and comes with four kits(4 @$50).The ability to purchase additional breast
pumps would significantly decrease the need for formula and baby food assistance.Due to the fact the each baby has specific formula needs,
oftentimes prescribed by a doctor,we are unable to buy in bulk or"by pound/pallet"in order to meet the unique nutritional needs.
Additional pumps,supplies,and as-needed specialty formulas will address food insecurity for our new and growing families in the Keys.
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20) PLEASE HAVE
Rf Oil aLoao
NAME TITLE ATE
attest that the information provi a erei is truthful and accurate: ' l
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From:Arianna Nesbitt<ceo@I<eyshealthystart.org>
Date: October 12, 2020 at 7:31:34 AM EDT
To:Tennyson-Lisa <Tennyson-Lisa@monroecounty-fl.gov>
Subject: FKHSC Additional COVID-19 Needs
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click
links or open attachments you were not expecting.
Good Morning,
Below you will find the needs to cover our current COVID-19 needs for pregnant women and their
children.
The costs for the next 3 months are:
Formula: $2700 U
Breast pumps and supplies: $6000
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A driver and gas to transport women and infants to doctor's appointments. Key West to Marathon U)
and the Keys to Miami mainly. Sometimes in the Upper Keys as well as in Key West. We have this
program and it was operating only on Wednesdays due to the OBGYN shortage in Key West, however
since COVID we have been driving 3 days a week and have now had to start taking families to Miami
for specialty appointments. Many families no longer have transportation.
Driver Cost: $18 an hour average 25 hours a week= $4750
Gas Cost: $500
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Wipes, Baby Rash Cream, and Other Baby Supplies: $ 1250
Cn
Thank you again, and please let me know if you need further information for anything.
With extreme gratitude for all that you are doing, Cn
Arianna
Arianna Nesbitt, CEO
Florida Keys Healthy Start Coalition, Inc X
PO Box 6166
Key crest, FL 33041
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Office: 305-293-8424
Fax: 305-293-8542
Cell: 305-923-9125
www.keyshealthystart.org
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October 21, 2020
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In March 2020, the CARES Act appropriated $150 B in assistance to state and local
governments, this is called the Coronavirus Relief Fund (CRF). The US Department of
Treasury is the oversight agency.
In June, 2020 Governor DeSantis announced that the $1 .27 billion of the $3.7 billion
reserved for direct assistance to eligible Florida local governments would be distributed to
Florida counties having a population less than 500,000.
Funds flow through the US Treasury to the State of Florida to the State's small counties:
$8.3B to Florida
45% set aside for local governments with pops over 500,000: $3.7B
12 local governments in Florida qualify for these funds
Those 12 counties received: $2.5B
Balance of funds remaining: $1.27B
Governor announced in June that he agreed to distribute the remaining balance to the rest of the local
governments in the State
Funds will go to the 55 counties
The allocation to each county is population-based
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*, Monroe County's total allocation is $13M
*, The State is releasing these funds to the Counties in "phases. "
Phase 1 : Monroe received a $3.25M advance (late June).
Phase 2: Monroe County will receive a second advance of $2.6M (Oct 20).
Phase 3: The balance of $7. 15M will remain with the State and be release
only upon a cost-reimbursement basis.
CRF FUNDING RULES
t i ti tStit� ��Ur P ;
isy llf't 1'r A�I It (I{hi 1� �i�ELIGIBLE USES and TIMEFRAME are strictly defined in the CARES Act and in
guidance by Treasury Department:
PUBLIC HEALTH AND SAFETY ACTIONS TAKEN BY GOVERNMENTAL ENTITIES TO
RESPOND TO THE COVID 19 PANDEMIC
Expenditure examples: activities addressing public health needs, public safety measures, purchase of protective
and sanitizing supplies, payroll expenses for public safety, human services to mitigate or respond to the C VI -
19 crisis, expenses related to tetework for public employees, social distancing measures in jails, etc.
Funds may not be usedreplace lost revenue in governmental budgets.
mSECONDARY ECONOMIC RELIEF TO THE COMMUNITY suffering negativelyimpacted
by COVID-19-retated employmentr business interruptions. Examples: `s
o Assistance to impacted small businesses to helpt their expenses
o Assistance to impacted individuals il; s to helpexpenses (rent,
mortgage, ;l; ; s)
ELIGIBILITY PERIOD r expenses: March 1 - December , 2020
All funds must be expended by December 30, 2020. Given the short timeframe, allocation decisions
should minimize financial liability for County and admin review and processing. All allocations should be
streamlined in their scope, as simple as possible, easily validated/ oc ee , and quickly executed.
i i+i)7 r lit, f yin P l y
CRF FUNDING AGREEMENT WITH DEM �1itf (t ii��iltjs 'U fi1�S��ti y dY
ti � 1
tt
Florida Division of Emergency Management is the oversight agency for these funds.
Key Points:
tls,,7
Use of funds must strictly adhere to the CARES Act regulations and the US Treasury's g,uidance
on allowable activities and costs, and DEM requirements in Funding Agreement.
0 y accepting
The State is requestingthat each Count acce tin CARES Act funds determine how they will
use their CARES Act funding, ("Allocation Plan"). The County's Allocation Plan, revised to add
Phases 2 and 3 is agenda item U7.
The State has directed Counties to take into account the public safety and health expenses
incurred local government entities within the County, specifically including municipalities and '
constitutional officers.
0. In addition to covering expenses incurred by local government entities, Treasury guidance
allows funds to be utilized for economic relief to residents and businesses.
0. The US Treasury advised that local governments receiving CARES Act funds may be audited,
and that costs deemed unallowable will be subject to recoupment by the US Treasury.
Counties were further advised by the State that their state revenue sharing, payments would
be reduced by the amount of any costs deemed unallowable by the federal or state auditing
entity.
PHASE 1 ALLOCATIONS : $3 . 25M (July-Sept)
This was the Board-approved Allocation Plan for Phase 1 :
PUBLIC HEALTH AND SAFETY COSTS INCURRED BY LOCAL GOVERNMENTAL ENTITIES for I -19
retated response, mii do recovery effors, and CARES Actprogram imptementation
comphance costs.
Constitutional Officers: ,
Sheriff, Clerk of the Court, Tax Collector, Judicial Admin
Monroe County and Municipalities: F
Monroe Count OCC Cit o Ke West Cit o Marathon Village o Isla oraa Cit o Ke Colon Beach and Cit o
y y y y y y y y �.
Layton.
MonroeECONOMIC RELIEF TO THE COMMUNITY of , inctusive of the municipatities,
s ri fro I -1 -r l l r business i rr do s, s ciic ll
Residential Rent, Mortgage and Utility Relief: $200,000 (+$638,000)
p to $200,000 for residents throughout Monroe County who have been economically impacted by COVI -19, for example by
being laid off, furloughed, having their jobs eliminated, hours/wages reduced, etc. impacted by COVID-19 related job loss or
reduced hours. This amount is augmented by FHFC C $638K, plus $300K in round 2.
Small Business Assistance Grant Program: $1,000,000
$1,000,000 for small businesses throughout Monroe County experiencing economic hardship as result of the closures and social
distancing guidelines related to the COVID-19 pandemic. This assistance is intended to offset the significant, temporary loss of
revenue to these qualified businesses during this pandemic.
Sit 1 �,its4ltill,i� ii��lr <<� �sr �
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PHASE 1 ALLOCATION FOR SMALL BUSINESS ($ 1M)
-
,
BOARD OF COUNTY COMMISSIONERS
y
Ma o€Heather Carruthers is � (�i)�l i pr li ttl� � `'�•
Ma ar Pro Tem Michelle Coldiron
Monroe Count CARES Business Assistance Program �
p Come
Craig Cates
�r
Commissioner David Rica
ca_vnw "� Commissioner Sylvia Murphy z4�li,ct,SliLj,11�,L��i1V��1a�.'?, `�
1M in grants were
Coroil covirus
1 Million disbursed to small
A�d 25
Rc.Iiof, a�dj ( a allocated for Monroe 5rn businesses
ECoPoMIC Small Business applications
County Small Business
se"' `ky approved for funding throughout Monroe
Act Assistance County.
y
Grant Distribution by Business Size Grant Distribution by Industry
i3,Charters-Fishing./Boat/Aircrraft,xx%
aRetail-Merchandise/Foodcaueries/Suppties,x7% (based on#of applications funded) Grant Cycle
1
Count 1 "Restaurants/Bars/Mobile Food Vendors,9%
x Employee $2,500 SalansfSpas/Massagef`taitoo,7% >> } - '-.. September opened
--- y -----Ir 134 5134% A Construction/Contractors,B% {I4V`�,. °!i;j
IW,Auto&Marine Repair/Sennces,C% on Sept 5.
,L 2-xO Em to ees: 55.IX10t
---------------------Ir 109 42,W% ■Tours/Travel Agents/Excursions,5% �tiji. - Applications were
Y yyy g a Special Events-Catering/Planning/ftentals,5% , S
ix-25Employees:. $7,SU0 Hotels,3% - reviewed and
,1 '1 ®' -_.-.-------------R, 16 6.20% 0 Rea i Estate.Agents,3%
Consulting/MarketlneRadio/Concierge,4% �t��?tli,\o��1 'i,�1X"'�i{1 1t - processed and all
Total; 259 100,00% Medical Dental Veterina 3% t' ifri"+l`l'Ii} f3li`
/ I w,
w Financial/Accounting/Port Commerce,2% , �" �{Ai�jfit�j�i4Z�FF �{�" Checks Cut by Sept
Janitorial/Cleaning,
2%
■Wndscaping/Tmsh Removal/PooVPrep Mgmt;2% 1� , ��1p ��lt _ }'� 21.
enufacRuting/
Grant Distribution by Geographic Region rageUnets2% � _ ��
�P� 'S#o ;� ` 11�. lt`'t, S%
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269 small local
4 businesses received
r
grants.
P Administered by
OMB.
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�,� �xi r„Y �`� I I , I� _� I� : I� : �m�� � ,5 � G„Y �`�G �,� r `� �I � r `�� � ��m�
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This initiative is funded with allocations of $200K from CARES Act plus FHFC $638,000
FHFC announced the availability of a second round of funding of $300,000 to Monroe
County.
$200K CARES Act + $638K FHFC Round 1 + $300K FHFC Round 2 = $1 .1M total current
amount
Rent/mortgage relief for residents of Monroe Count inclusive of the municipalities,
Y� P ,
for arrears payments for those who have been impacted job loss or reduced hours
related to COVI D-19.
FHFC requires 120% AMI or under. CARES Act no income restriction.
Deployed in early August. Application process. Application and instructions available
on the County's website.
0, 200 applications approved and in process.
Administered by the County's Department of Social Services.
PHASE 2 ALLOCATIONS : $2 • 6M (Oct- Nov) s.�.i�... t r
For the second round (Phase 2), Monroe County will receive $2,600,000.
Proposed allocations for Phase 2 funds are as follows:
ECONOMIC RELIEF TO THE COMMUNITY of Monroe County, inclusive of the municipalities, suffering
from COVID-19-related employment or business interruptions, specifically:
Small Business Assistance Grant Program (Round 2) : $1,000,000
Up to $1,000,000 for small businesses throughout Monroe County experiencing
economic hardship as result of the closures and social distancing guidelines
related to the COVID-19 pandemic. This assistance is intended to offset the
significant, temporary loss of revenue to these qualified businesses during this
pandemic.
�r
Non-Profit Grant Assistance Grant Program: $1,000,000
Up to $1,000,000 for non-profit organizations throughout Monroe County
experiencing economic hardship due to increased service demands and/or
increased expenses as a result of the closures and social distancing guidelines
related to the COVID-19 pandemic. This assistance is intended to support non-
profits and their missions to help the residents and overall community of Monroe
, County.
Critical Services: $ 600,000
Up to $600,000 for the delivery of critical services including food and utilities
s(cStil7:ct sifii�y4 lSir sst is 4s{
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mmmr �'_ � xa.,n `'k � �'k mmmr 'mtt - � 1k' �� ;k �:- � � � m� ;k mmmr �t � �.tk' :�'� 'i`"i
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,���,m, cmm ,'a�nsrz. „. ! I� I� i� �„ �� �. r ��.;n, ;n, ,�� s cmm �� �„ �� :,$ 1
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D DIRECT
IR SE,11-"Z'A/ICES FUNDING
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$1M FOR NON-PROFITS IMPACTED by COVID-19
Grant application similar to biz assistance. Info/application link will be on the Monroecounty-
fl.gov/cares webpage.
Grant amounts $3500-$6500 -- based on size (operational budget)
Must experience COVID-19 related financial hardship
Be 501c3s, located in and provide services to Monroe County, inclusive of all of the municipalities
Application, program parameters, guidelines in agenda item U7 back-up.
or $600K for Critical Services `
or Emergency Food (throughout Keys, families, weekend food for kids, baby food and
supplies)
Five providers SOS, FKOC, MCC, BMC, Healthy Start: $315K
ri.
Agreements are on agenda - Item U6
'I Utilities Assistance for Residents and Businesses
Keys Energy, FKEC, and FKAA arrears accounts
t
Phase 3 ALLOCATION - $7. 15M
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1f�lS sty 1£t l �lailt�t�£l YI tI �
N, Considerations for Phase 3
For Phase 3, Monroe County's remaining funds are $7,150,000. funds:
• Condensed timeframe for
Proposed, estimated allocations for Phase 3 are as follows: spending these funds -
Dec 30
• Cost-reimbursement BUT
ECONOMIC RELIEF TO THE COMMUNITY of Monroe County, inclusive of the DEM may allow for
municipalities, suffering from COVID-19-related employment or business encumbered vs expended
interruptions, specifically: • Having an allocation plan
for Phase 3 better
Additional Residential Rent and Mortgage Relief: $1 ,000,000 positions us and prepares
DEM to more quickly
Critical Needs Support: Food, Utilities, Childcare, Health: $500,000 expend the funds
• Changing guidance from
Treasury and DEM review
PUBLIC HEALTH AND SAFETY COSTS INCURRED BY LOCAL GOVERNMENTAL of Phase 1 expenditures
ENTITIES for COVID-19 related response, mitigation and recovery efforts, and may change requirements
for Phase 2 and 3
CARES Act program implementation and compliance costs. programs.
Monroe County and Municipalities: Expenses already incurred
and paid for; and large,
Estimates for COVID-19 expenditures $2,700,000 single expenses that are
Public Safety Personnel Costs for all local governments $2,700,000 easily expended and
easily verifiable.
Constitutional Officers:
Clerk of the Court, others as expenditures are incurred $200,000 Pending federal legislation
may extend the Dec 30
deadline
1V r+t }11�U+i+ik\2JIrt f4/!+s i+ri sy{�+V,
1 PHASES
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MONROE COUNTY CARES ACT FUNDING BUDGET
PHASE PHASE 3 ALLOCATION
PHASE 2ALLOCA"IION �+�4�1� fsst�+ft+ fsl3tss�
ALLOCATION/ (Estimated
1tli�
USE ENCUMBERED 'Proposed) Proposed`*)
Advance Advance Cost-Reimbursment
3,250,835 2,600,6681 7,151,837
Community Need
S 'fin1'#
Residential Rent/Mort Relief Program 200,000 1,000,000
t�
Small Business Assistance Grant Program 1,000,000 1,000,000
yrl
Nan-Profit Stabilization Program 1,000,000
Critical Needs Direct Support(food, 500,000
shelter,childcare,medical/mental
health, utilities) 600,668
General Government
s,
Public Safety Personnel Costs for all local --
governments 2,705,547
BOCC-EOC, PPE,Telewor ,Seniors,
Nutrition,Sanitary maintenance, etc 387,686 2,426,290 �
Muni-City of Key West 165,600 190,000 Q4
Muni-City of Marathon 56,500 50,000
Muni-Village of Islamorada 40,900 40,000
Muni-City of KCS 5,000 20,000
Muni-City of Layton 1,200 20,000
' + Constitutional-Sheriff 1,098,043
r=
Constitutional-Clerk 267,382 200,000
(I!" Constitutional-Tax Collector 24,008 _
Constitutional-Prop Appraiser
Constitutional-Supervisor of Elections
Judicial Admin 4,516
i-
Total 3,250,8351 2.600.668 7,151,837
c -
*Phase 3 allocations are subject to further additions and revisions /� 4