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12/09/2020 Agreement-Phase III . Kevin Madok, CPA y . Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: December 14, 2020 TO: Christina Brickell Budget Administrator FROM: Pamela G. Hanco rr.C. SUBJECF: December 9th BOCC Meeting Attached is an electronic copy of each of the following items for your handling: C21 Interlocal Agreements with City of Layton and City of Marathon for Public Health and Safety Costs incurred as a result of COVID-19 related response,mitigation and recovery efforts, and CARES Act Program implementation compliance cost reimbursement; and granted authorization for County Administrator to enter into similar interlocal agreements for response,mitigation and recovery efforts funded as soon as possible to expend CARES Act funds before the deadline date of December 30, 2020. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 INTERLOCAL AGREEMENT FOR CARES ACT FUNDING THIS INTERLOCAL AGREEMENT is made and entered into as of this 9th day of December 2020,. between Monroe County Board of County Commissioners, a political subdivision of the State of Florida, (hereinafter the COUNTY), and the City of Layton, a municipal corporation organized and existing under the laves of the State of Florida, (hereinafter the CITY).. WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), was signed into lave on March 27, 2020 and created the Coronavirus Relief Fund, which provides 5150 billion in direct assistance for domestic governments; and WHEREAS, on .Tune 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 the COUNTY's allocation; and WHEREAS, the Agreement with the DIVISION provides that fiends 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 Rands that is unused or not utilized in accordance with the CARES Act; and WHEREAS, the COUNTY recognizes that the CITY has and will incur expenditures responding to the COVID-19 pandemic and in accordance with the CARES Act funding Agreement with the DIVISION, counties should provide funding to municipalities within their jurisdiction upon request for eligible expenditures under the CARES Act; NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree as fellows: 1. RECITALS. The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part of this Agreement. 2. STATUTORY AUTHORITY. This Agreement shall be considered an Interlocal Agreement pursuant to the authority of Chapter 163, Part 1, Florida Statutes. 3. CARES ACT REQUIREMENTS. CARES Act bands may only be used to cover City expenses that; I a.) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; and b.) were not accounted for in the City's Budget most recently approved; and c.) were incurred during the period that began on March 1, 2020 and ends on December 30, 2020. Funds transferred to City 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. The expenditure or reimbursement for expenditure must comply with the CARES Act and the Coronavirus Relief Fund Guidance for State, Territorial, Local. and Tribal Governments (and Answers to Frequently Asked Questions which supplement the Guidance) issued by the Department of Treasury. Revenue replacement is not a permissible use of CAVES Act fiends under the terms of this Agreement. The CITY will not receive and=• CARES Act funding for any expense or cost that is paid for or reimbursed by another source. 4. RESPONSIBILITY FOR EXPENDITURE OF CARES ACT FUNDS. a.) The COUNTY, as the recipient of CARES Act fiends, is responsible for ensuring that all expenditures, including those made or incurred on behalf of the CITY, meet the requirements set forth in Section 3 above. b.) The COUNTY has no legal obligation to appropriate or set aside any CARES Act fending for the CITY. This Agreement does not create a contractual right to any expenditure for the CITY.. c.) The CITY, by submitting a request for expenditure of CAFES Act funds, represents to the COUNTY that the request, relevant budgetary background for the budget most recently approved, and associated documentation has been appropriately reviewed by its staff' to determine that the expenditure meets the requirements set forth in Section 3 above. d.) The CITY 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 CITY 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 CITY_agrees to pay the COUNTY back to the extent that the state and federal government requires the COUNTY to reimburse or recoup the CITY'S ineligible expenditure. The CITY shall remit such payment to the COUNTY within 30 calendar days from the date the COUNTY notifies the CITY, 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 CITY, subject to any applicable appeal of the federal government's eligibility determination that may be sought. 2 e.) The COUNTY will not be responsible for any expenditure it agrees to make on behalf of the CITY if it is disallowed by the federal government. f.) All decisions by the COUNTY for the expenditure of funds Linder this Agreement, from the COUNTY's CARES Act appropriation, are final and not subject to any grievance, appeal, or litigation administratively or otherwise. All decisions are solely within the discretion of the COUNTY. 5. COUNTY GUIDELINES; PROCEDURE FOR REQUESTING FUNDS. a.) It is the COUNTY's intent to reimburse the CITY for CITY expenditures , which are eligible for CARES Act funding. b.) The CITY's shall comply with and be subject to the terms and conditions in the Cares Act Funding Agreement between the COUNTY and the DIVISION attached hereto and t.1:1 incorporated by reference. c.) The COUNTY has provided the CITY with and set forth herein the procedures for requesting CARES Act funds, which may be adjusted from time to time. Any changes to the procedures provided by the COUNTY will be transmitted to the CITY as soon as approved by the Sr. Budget Director. The CITY agrees to submit all request for reimbursement on or before December 14, 2020 in an amount not to exceed the funding amount set forth in Paraarap-h_23. The CITY agrees to provide documentation requested by the COUNTY in order to justify requested expenditures incurred due to the public health emergency with respect to COVID-19. The CITY shall complete and include Attachment A and B in each request for funds. d.) As of the date of the CITY's execution of this Agreement, the CITY will coordinate with the COUNTY regarding any purchase for which the CITY requests CARES Act funding, The COUNTY may elect to make the purchase directly and distribute the purchased supplies, commodities, etc., to the CITY. e.) All purchase orders or contracts issued by the CITY that is submitted to the COUNTY for request for funds under this Agreement, shall be in compliance with and subject to 2 C.F.R. 200 entitled "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards" and the terms and conditions of the Cares Act Funding Agreement between the COUNTY and the DIVISION. 6. NOTICES. All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing and addressed as follows, or to any other address which either party may designate to the other party by mail: If to COUNTY: Roman Gastesi, Jr. County Administrator Monroe County Historic Gato Bldg. 1100 Simonton Street Key West, Florida 3131040 3 With a copy to: Christine Limbert- Barrows Assistant County Attorney P.O. Box 1026 Key West, Florida 33 41-1026 If to CITY: Mayor Bruce Valle PO Box 778 Long Key, FL 33001 With a copy to; Mr. Dirk Smits, Esq City Attorney for Dayton 81990 Overseas Highway, Third Floor Islamorada, FL 33036 Any Notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight delivex-y, service. 7. INDEMNIFICATION. To the extent permitted by law and subject to the provisions and monetary limitations of Section 768,28, Florida Statutes, the COUNTY and CITY do hereby agree to defend, indemnify and hold the other, its officers, agents or employees, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorney's fees, costs, and expenses at both the trial and appellate levels) arising from the acts of omissions of the respective party or any third party vendor contracted by the respective party in connection with this Agreement. Nothing herein shall be construed as a waiver of either party's sovereign immunity provided in Sec. 768.28, Florida Statutes. & DEFAULT. a.) In the event of any failure of compliance by either party hereto with any of its material obligations to the other party as provided herein, such action shall constitute a default under this Agreement and shall have all remedies available to it under the laws of the State of Florida. b.) Upon any such default, the non-defaulting party shall provide to the defaulting party a written Notice of such default, which Notice (a `.`Default Notice") shall state in reasonable detail the actions the defaulting party must take to cure the same. The defaulting party shall cure any such default within 3 Q days following the date of the Default Notice. c.) Notwithstanding the provisions of this Section, if any such default by the defaulting party remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting party's obligations are such that more than 30 days is required to effect the cure, then the defaulting party shall not be in default hereunder and the non-defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such 4 default, if the defaulting party commences the cure within the applicable cure period and thereafter diligently pursues the cure to completion of performance. d.) In the event the defaulting party fails to affect any required cure as provided for herein, the defaultingzi party shall be deemed to be in uncured default hereunder, and the non-defaulting party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to terminate this Agreement. e.) If such Notice is given, this Agreement shall terminate on the date set forth in the Notice and the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that expressly survive termination, 9. EFFECTIVE DATE. This Interlocal Agreement shall become effective immediately upon execution. 10. TERMINATION. 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 6. 11. ATTORNEYS FEES AND WAIVER OF A JURY TRIAL. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both trial and appellate levels. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily, and intentionally waives its right to trial by jury. 12. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and CITY agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the patties. 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. 13. COOPERATION. In the event any administrative or legal proceeding Is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CITY agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CITY specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 14. GOVERNING LAW. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe 5 County, Florida, Lower Keys Division of the Circuit Court or the Southern District of Florida. This Agreement is not subject to arbitration. 15. COMPLIANCE WITH STATUTES. It shall be each party's responsibility to be aware of and comply with all federal, state, and local laws, including but not limited to the following program statutes and regulations: 42 USC 601(d) CARES Act, F.S. 215.422, F.S. 215.971, F.S. 216,347 and CFO MEMORANDUM NO 04 (2005-06- Compliance Requirements for Agreements. 16. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 17. NO ASSIGNABILITY. This Agreement shall not be assignable by either party. 18. SEVERABILITY. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of the Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. WAIVER. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not Z:� be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 20. SURVIVAL OF PROVISIONS. Any terins 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 fall force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 21. COUNTERPARTS. This Agreement n-kay be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 6 22. INDEPENDENT CONTRACTOR. The COUNTY and its employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractors and not agents or employees of the CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 23. FUNDING. The funding amount of this Agreement shall not exceed Ten Thousand Dollars and zero cents ($10,000.00). IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and ir ,y;, above written. ' ,rr^e zs BOARD OF COUNTY COMMISSIONERS OFMONRO .LLu ' FL• •a Ds. \\ By: r' '` 'mop S:= Mayor 1 , ADOK, Clerk By: / o /� MONROE CgMry ATTORNEY / As eputy Clerk I �HRIS MO U��e ay�ry DATE 19ry0120_. CITY OF LAYTON,LA FLORIDA (SEAL) By: ;/- a Mayor ATTEST: Clerk / , 0 _ rn n r ,., co F- c 7 ATTACHMENT A CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION I, , am the Authorized Agent of ("City") and I certify that: 1. I have the authority on behalf of City 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 City. 3. I acknowledge that City should keep records sufficient to demonstrate that the expenditure of funds it has received is in accordance with section 601(d) of the Social Security Act. 4. 1 acknowledge that all records and expenditures are subject to audit by the United States Department of Treasury's Inspector General, the Florida Division of Emergency Management, the Florida State Auditor General, ordesignee and the County or Monroe County Clerk or designee. 5. 1 acknowledge that City has an affirmative obligation to identify and report any duplication of benefits. I understand that the County and the State of Florida has an obligation and the authority to dcobligate or offset any duplicated benefits. 6. I acknowledge and agree that City shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received. 7. I acknowledge that the City has not used funds it has received to cover costs that were incurred outside of the period of March 1, 2020 to December 30, 2020, and as required by the law, those funds must be returned to the United States Department of the Treasury. 8. 1 acknowledge that the City's proposed uses of the funds provided as grant payments from the State by federal appropriation under section 601 of the Social Security Act will be used only to cover those costs that. a. are necessary expenditures incurred due to the public health emergency and governor's disaster declaration on March 13, 2020 with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved;and c. were incurred during the period that begins on March 1, 2020 and ends on December 30,2020. In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction has incurred eligible expenses between March 1, 2020 and the date noted below. 8 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Cornro|om|onerS 11O0 Simonton St. Key West, FL33U4O Date The following is a summary of the expenses for ) for the time period of_ to Check # Payee Reason Amount 101 Company C<JVI[} Expense Description $ X,XXX.XX 102 Company C(JVID Expense Description XXX.XX 104 Employee COVIO Expense Description XXX.XX 105 Employee CDVID Expense Description �XXy .)0( (A) Total (B) Total prior payments $ X,%XX.XX /C\ Tota| requested and paid (Af B) $ %,XXX.XX ([)) Tota| contract amount $ X,XXX.XX Balance of contract /O-C\ I certify that the above checks have been submitted to the vendors as noted and that the expenses are related to COVlD-19 and in agreement with the records of this organization. Furthermore, these expenses will not be submitted for reimbursement to any other funding source. Executive Officer Attachments (supporting documentation) TC} BE COMPLETED E3Y NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means of physical presence or O online notarization, this -day of___________(month), ______.(yeuM. by (name of officer or agent, title of officer oragent) of (name mfentity). Personally Known Produced Identification: Type of|Oand Number on | (SEAL) Signature of Notary Name of Notary (Typed, Stamped orPrinted) Notary Public, State of 9 Agreement Between Monroe County and the DIVISION for CARES Act funding 10 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 "Couniy^ or°8ubreuipient ). This agreement io entered into based on the following vepreaenhationo� A. The Subnacipient 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 Submecipient 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 UheCowonmvirus Relief Fund (CRF)and provided Florida with$8'328.221.O72; 5596of which was allocated to the State ofFlorida and 4596 was allocated hmcounties. E. The United States Department of the Treasury disbursed $2,472,413,692 of these funds directly to counties with a population in excess of58O.OQO. F. A nanneiniog 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 8ubreoipimnt agree to the following: /1\ LAWS, RULES,-REGULATIONS, AND POLICIES o. Performance under this Agreement is subject to 2 C.F,R Part 200' entitled "Uniform Administrative Requioements, Cost Principles and Audit Requirements for Federal Awgrdo.^ b. &s required by section 215,971(1)^ Florida Statutes, this Agreement includes: i. A provision specifying o scope of work that clearly establishes the tasks that the Recipient is required to perform. ii A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment or reimbursement. Each deliverable must be directly related Nothe 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 Subnacipient fails to perform the minimum level nf service required by the agreement. h/. Aprovision specifying that the 8ubrocipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. Aproviaion specifying that any balance of unob|igated funds which has been advanced or paid must be refunded ho the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the barnns and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing' the Bubrecipiant and the Division will be governed by all applicable State and Federal |ama^ rules and regu;etions, including those identified in Attachment B, Any express reference in this Agreement to a particular statute, nu|e, or regulation in noway implies that nm other statute, ru|m, or regulation applies. 1 � (2) CONTACT a |n 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 oon/e as the Division's liaison with the 8ubmeuipient, As pert of hie/her duties, the Program Manager for the Division will monitor and document Subnecipientperfonmanoe. b� The Division's Program Manager for this Agreement is: Wesley Sapp Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Email: VVea/ey.Sepp@ern.mvflorida.com o. The name and address of the representative of the Recipient responsible for the administration of this Agreement is: AJ|isonyWcLeary Division of Emergency Management 25S5Shomard Oak Blvd Te|ephona: 858-015-4455 Emei|� Allison.K8oLem/y@em.myflorida.00m d. In the event that different representatives or addresses are designated by either party after execution of this Aoraomant, notice o/ the name, title and address of the now 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) fXUECI7|OfV This Agreement may be executed in any number of counterparts, any one of which may be taken esanoriginal. (5) MODIFICATION This agreement may not bemodified. (6) PERIOD OF AGREEMENT This Agreement shall be effective on and shall end on unless terminated earlier in accordance with the provisions of Paragraph (15) TERMINATION. In accordance with section 215.S71(1)(d), Florida Statutes, the Subrenipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during the specific agreement perioU.^ (7) FUNDING a. The State of Florida's performance and obligation to pay under this Agreement in contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 218. Florida Statutes, and the Florida Constitution. b. This is a modified reimbursement agreement. The State. through the Diviminn, will nneko an initial disbursement to the county nf26Y6 of the total amount allocated to the county according to the United 5tabae Department of the Treasury. Any additional amounts will be disbursed ona reimbursement basis. 2 c Subrecipients may use payments for any expenses eligible under section G01(d) ofthe Social Security Act, specifically theCmronavirus Relief Fund and further outlined inUS Treasury Guidance, Payments are not required tobe used as the source of funding nflast d. The Division's Program Manager, as required by section 215.971(2)(o). Florida Gbatubam. 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 uf the expenditures incurred by the Submeuipient. 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 112.001, Florida Statutes, which includes submission ofthe claim mn the approved state travel voucher. g. Counties should provide funding to municipalities within their jurisdiction upon request for eligible expenditures under the CARES Act. Hovvever, counties are responsible for the repayment of funds to the Division for expenditures that the Division or the Federal government determines are ineligible under the CARES Act, h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used ho cover expenses that'-- i ora necessary expenditures incurred duo to the public health emergency with respect b)the Qonunavirua Disease 2Q19 (COV|O-1Q); 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 yNonch 1. 2020 and ends on December 30. 2020. Funds transferred to 8ubreoipient must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of section 801(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if the funds have not been used ina manner consistent with section 601(d) of the Social Security Act. i. Examples of Eligible Expenses include, but are not limited to: L Medical expenses iL Public health expenses iii. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are eubotonMo||y dedicated to mitigating or responding to the C{}V|O-18 public health emergency. iv. Expenses of actions to facilitate compliance with C(}V|D-19 related public health measures. v. Expenses associated with the provision of economic support in connection with the C(}V|D-1G public health emergency. wi. Any other C(}V|O'10— related expenses reasonably necessary bo the function of government that satisfy the fund'a eligibility criteria. (8) INVOICING a� In order to obtain reimbursement for expenditures in excess of the initial 25% disbursement, the Subraoipiant must 0o 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 o nertUinatinn, signed by an official who is authorized to legally bind tha8ubreoipient, which reads asfollows: ` hMpo�8home.tnmasury.gov/nyatem/fi|ee/136/Cnronovirua-Ra|ief-Fund-Suidanoa-for-State-Territoria|- Loca|'ond-Thba|'Governmenta.pdf 3 By signing this report, Acertify to the best of my knowledge and belief that the report in true, oomplete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions mf the Federal award. | am aware that any fa|se, fiot|iious, or fraudulent infonnotion, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, ta>om ntatermento, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31. Sections 3729-3730ond 3801-3812). b� Reimbursements will only be made for expenditures that the Division provisionally determines are eligible under the CARES Act, However. the Division's provisional determination that an expenditure is eligible does not relieve the county of its duty to repay the Division for any expenditures that are later determined by the Division or the Federal government to be ineligible. (9) RECORDS a. As a condition of receiving state orfederal financial assistance, and as required by sections 20.065(6)(c) and 215.97(5)(b). Florida Statutes, the Division, the Chief Inspector 8emama| of the State of Florida, the Florida Auditor Genera|, or any of their authorized representatives, ahoN enjoy the right of access to any doounnents, financial statements, papers, or other records ufthe Subnaoipient which are pertinent to this Agreement, inorder ho 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 aeoioo, the term "Subrecipient"includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Subrouipieni shall maintain all records related to this Agreement for the period oftime specified in the appropriate nmbmmtiun schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at-, http-8doa.mvMmride.com/|ibnsry-arohives/reonrds+nanagemenUQenene|-nacords- sohedu|ea/. c Florida's Government in the Sunshine Law (Section 288.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1)all meetings ofpublic boards or commissions must beopen 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 Legis|aturg, 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 aa public records subject to public inspection. IF THE SUBREC|P|ENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 118' FLORIDA STATUTES, TO THE SUBREOIP|ENT'8 DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT'. (850) 815-4156. Recorda@mm.myNohda.nom, or2555 8humard Oak Boulevard, Tallahassee, FL323S0. 4 (TO)AUDITS a� In accounting for the receipt and expenditure of funds under this Agreement, the 8ubnecipiemt must follow Generally Accepted Accounting Principles ("GAAP"). As defined by2C.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 (FA@B)." b. When conducting an audit of the Subrecipient'a performance under this Agreement, the Division must use Generally Accepted Government Auditing Standards (''GABAG"). As defined by2C.F.R. §200.50, ^(3AGAS, also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable tn financial audita.^ o. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions ofand strict compliance with this Agreement, the SubnocipientvviD 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 Subreoipientof such nom-conmp|iance. d. The Subrenipient must have all audits completed by on independent auditor, which is defined in section 215.87(2)(i). Florida Statutes, as "an independent certified public a000unbsnt|icaneadundarohapher473.^TheindepandentauditormnugtebabethattMemudit complied with the applicable provisions noted above. The audits must be received bythe Division no later than nine months from the end of the Submau|pient'a fiscal year. e. The 5ubrecip|ent must send copies of reporting packages required under this paragraph directly to each of the following: i The Division of Emergency Management DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 255SShummrd Oak Boulevard Tallahassee, F]orida323B9-210O ii The Auditor General Room 401. Claude Pepper Building 111 West Madison Street Tallahassee, Florida 82389'1450 t Fund payments are considered tobe federal financial assistance subject ho the Single Audit Act and the related provisions of the Uniform Guidance. (11)REq]RTS a. The 8ubpeoipient 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 Lz 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 KAan:h 31. June 30, September 30, and December 31. The first quarterly report due pursuant to this agreement io due for the quarter ending September 3Q, 2@2O. o. The close-out report is due sixty (80) days after termination of this Agreement or GO 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 atehsd in Paragraph (15) REMEDIES. "Acceptable bmthe Division" means that the work product was completed in accordance with the Budget and Scope ufWork. e. The 8ubnacipient must provide additional program updates urinformation that may be required by the Division. (12)MONITORING In addition to reviews ofaudits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may |nc|ude, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The Gubr*cipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division, |n the event that the Division determines that a limited scope audit of the 8obrecipiantia appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Division to the Gubnaoipient regarding such audit. The Gubreoipient further agrees to comply and cooperate with any inspections, nav|evva. investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management bythe Suhreoipient throughout the period of agreement tm ensure timely completion of all tasks. (13)llAJBIllTY. Any Subreoipiemt 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 788.28. Florida Statutes. Nothing herein is intended to serve aanwaiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by o state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14)[UBF/&}LT a. If any of the following events occur ("Events of Oefmu|t`), all obligations on the part ofthe Division to make further payment of funds will, if the Division a|eota, 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 Ootou|t without waiving the right to exercise such rann*dieo, and without becoming liable ho make any further payment. b. If any warranty or representation made by the 8ubreoipiont in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this 6 Agreement or any previous agreement with the Division and has not cured them in timely fashion, uria unable or unwilling to meet its obligations under this Agreennen� o. |f material adverse changes occur inthe financial condition nf the 8ubrnnipientot any time during the period of agreement, and the Suhnaoipient 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 inoornect, incomplete or insufficient information; e. |f the Subreoipient has failed to perform and complete ontime any of its obligations under this Agreement, (15)R]VUE]0ES� If an Event of Default occurs, then the Division may, after thirty (30)calendar days written notice to the Subreoipientand upon the Subneoipient'o 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 Subreuipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United Sbahes, first class mail, postage prepaid, by registered orcertified mail-return receipt requested, to the address in paragraph (2) CONTACT henein� b. Begin an appropriate legal or equitable action to enforce performance of this Agreement-, c. Withhold or suspend payment of all or any part ofa request for paymmmt� 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 orremedial autionn, to include but not be limited to: i. request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack ofperformance, ii. issue a written warning to advise that more serious measures may bo taken ifthe situation is not corrected, iii. advise the Gubnacipientto suspend, discontinue or refrain from incurring costs for any activities inquestion, W. require the Swbnanipientto reimburse the Division for the amount ofcosts incurred for any items determined to be ineligible' or v. request the Department mf Revenue howithhold from any future payment due to the county under the Revenue Sharing Act of1872 described in Part || ofChapter 218. Florida Statubas, or the Participation in Half Cent Sales Tax Proceeds described in Part K/ of Chapter 218. Florida 5tetuteo, an amount equal to any repayment due to the Division under this Agreement. f. Exercise any other rights ur remedies which maybe available under law, Pursuing any of the above remedies will not ahoA the Division from pursuing any other remedies in this Agreement orprovided et law orinequity. If the Division waives any right orremedy in this Agreement or fails to insist on strict performance by the Subnanipient' 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 bythe SubnadpienL (16)TERMINATION e. 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, |etter, 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 doherminen, in its sole diacraUun, that continuing the Agreement would not produce beneficial results in line 7 with the further expenditure of funds, by providing the Subrempienwith thirty(3O)calendar days prior written notice. o. 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 Subnaoipientm/i|| not incur new obligations for the terminated portion of this Agreement after they have received the notification of termination. The Gubnaoipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Subnacipient will not be relieved of liability to the Division because of any breach of this Agreement by the 8ubreuipient The Division may, bn the extent authorized by |ovv, withhold payments to the 8ubrecipienLfmr the purpose of set-off until the exact amount ofdamages due the Division from the Subnaoipient is determined. (17)ATTACHEMENTS a. All attachments tn 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 orinconsistency, (18)pY\YMUEVTS a. The State of Florida, through the Division, will make a disbursement of each County government's allocation as calculated by the United States Department of the Treasury, Funding for Monroe County ia [m the amount of 13,250,835.00. (19)REPAYMENTS a. All rofunde, return of improper paynmants, 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 10 the following address- Division ofErnergencyK8aneQement Cashier 2555Shonnand Oak Boulevard Tallahassee FL323g8'21OQ b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sobrecipient sbeU pay the Division a service fee of$15.O0 o/ 5% of the face amount of the returned check or draft, whichever is greater. (20)MANDATED CONDITIONS AND OTHER LAWS e. The validity of this Agreement is subject to the truth and accuracy of all the infomnoMqn, representations, and materials submitted or provided by the Subneoipient 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 infonmatinn, repreeeotations, 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 Gubreoipient, cause the termination of this Agreement and the release of the Division from all its obligations kz the 8ubnaoipient. b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement will be in the Circuit Court of Leon County. If any 8 provision of this Agreement is in conflict with any applicable statute or mle, or is unenforceable, then the provision is null and void to the extent ofthe oonMict, and is severable, but does not invalidate any other provision nf this Agreement. c. Any power of approval or disapproval granted to the Division under the harms of this Agreement will survive the term of this Agreement. d� This Agreement may be executed in any number nfcounterparts, any one of which may bo taken esanoriginal. e. The Oubreoipient agrees to comply with the Americans With Disabilities Act (Public Low 101-330. 42 Q.S.C. Section 12101 otseqj. 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. t 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 toa public entity, may not submit a bid nna contract with e public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to n public entity, may not be awarded or peMhnn work as a oontraotor, supplier, smboontnsobor, or consultant under contract with a public entity, and may not transact business with any public entity in excess of$25.000.DO 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 subjectto any modification in accordance with Chepter21G. Florida Statutes, or the Florida Constitution. b. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for e proper pre-audit and post-audit thereof. |. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida Statutes. ]. The Division reserves the right to unilaterally oanms| this Agreement if the Gubreoipient refuses to eylovv public access toall documents, papers, letters orother material subject to the provisions of Chapter 118. Florida Statutes, which the Subnaoip|antcreated or received under this Agreement. h. If the Subreoipiont 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 government deposits CRF payments in a government's general acouunt, 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 of1gSO. as amended. The State ofFlorida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workars, constituting a violation of the employment provisions contained in B U.S.C. Section 1324a(a) [Section 274A(e) of the Immigration and Nationality Act ("INN')]. The Division shall consider the employment by any contractor nfunauthorized aliens aviolation of Section 274A(e) of the |NA. Such violation by the 8ubmeoipient of the employment provisions contained in 8anMmn 274A(o) of the |NA will be grounds for uni|ehana| cancellation cf 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 nctioed, open to the public, and the minutes of all the meetings will be public necnrdn, available to the public in accordance with Chapter 119. Florida Statutes. 9 m. All expenditures of state or federal financial assistance must beiocompliance with the lavve, 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 a||uweb|o costs resulting from obligations incurred during the period ofagreement, o. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in o 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 GD1(d)of the Social Security Act, the 8ubreoipient 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 S01(d) mf the Social Security Act, (21) o. Section 216.347. Florida Btahubaa. prohibits "any disbursement of grants and akjo appropriations pursuant to a contract or grant to any person or organization on|eao the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legia|atun*, the judicial brench, or 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. o. 2 C.F,R, §208.450 prohibits reimbursement for costs associated with certain lobbying activities. d. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legis|aLona, the judicial branch, ora state agemcy." a, 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. L 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 Subrenipient. bn any person for influencing or attempting tninfluence an officer or employee of any agency, a Member of Congress, an officer or employee of Congr*ns, or an employee of o 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, nnntinuadom, renewo|, 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 ConQneso, 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 Subreoip|ent must complete and submit Standard Form-LLL. "Disclosure of Lobbying Aotivitiea." iv. The Oubreoipient must require that this certification be included in the nvvurd documents for all eubem/ards (including subcontracts, eubgnenta, and contracts under grants, loans, and cooperative agreements)and that all Subrecipient s shall certify and disclose. v. This certification is e material representation of foot upon vvh|nh reliance was placed when this transaction was made or entered into. Submission of this certification is o prerequisite for making or entering into this transaction imposed 10 by Section 1352, Title 31. U.G. 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 $10O.QO0 for each such failure. (22)LEGAL AUTHORIZATION The Subnacpient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and eoopphanoe of this Agreement, The Subnooipient 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 Gubrenp|ent must comply with any Statement of Assurances incorporated as AManhmentC. (24)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60'14(b). the 8ubnacipierd hereby agrees that it will incorporate or cause to be incorporated into any contract for construction vvork, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60. which is paid for in vvho|a or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, omnhaot. |oan, inounanca, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, |oan, inauranoa, or gueramtee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, oo|or, ra|igion, 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, cu|or, naUgion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: i Enmp|uyment, upgnadinQ, demotion, or transfer; recruitment or recruitment advertising: layoff nrtermination- rates of pay nr other forms ofcompensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous p|acan, available to employees and applicants for emp|uyment, 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 ofthe contnachor, state that all qualified applicants will receive considerations for employment without regard to race,color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee nr applicant for employment because such employee orapplicant has inquired about, disouesed, 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 o 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 o formal complaint or charQe, in furtherance of an inveatigation, proceeding, hearing, or aotion, including an investigation conducted by the emp|oyer, or is consistent with the contractor's legal duty tofurnish information. 11 iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives nfthe contractor's commitments under this seotion, and shall post copies ofthe 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 ru|ea, reQu|ationo, and relevant orders of the Secretary ofLabor. vi The contractor will furnish all information and reports required by Executive Order 11246oy September 24. 10G5. and by rules, regulations, and orders nfthe Secretary of Labor, nr pursuant thereto, and will permit access to his books, nenonde, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such ru|wg, 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 nu|ea, regu|ationa, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be dodonad ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11248 of September 24' 1005, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246of September 24. 1985. orbyrule, regulation, or order of the Secretary of Labor, oram otherwise provided bylaw, vii|. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of pereQnsphu (1) through (8) in every subcontract or purchase order unless exempted by ru|ea, reQu[otinns, 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 orvendor. The contractor will take such action with respect tuany subcontract or purchase order as the administering agency may direct as e means of enforcing such provisions, including sanctions for noncompliance: Providad, however, that in the event a contractor becomes involved in, or is threatened with, litigation with e subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. (25)COPELAND ANTI-KICKBACK ACT a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i Contractor. The contractor shall comply with 18U.O.C� § 874. 40U.8.C. § 3145' and the requirements of 29 C,RR. pt. 3 as may be opp||oab|a, which are incorporated by reference into this contract. ii Subcontracts, The contractor or subcontractor shall insert inany subcontracts the clause above and such other clauses asthe FEK8A may bvappropriate instructions require, and also aclause requiring the subcontractors tu include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 12 iii Breach. A breach ofthe contract clauses above may begrounds for termination uf the contract, and for debarment ana contractor and subcontractor ooprovided in2SC.F�R. § 5]2� (26)CONTRACT WORK HOURS AND SAFETY STANDARDS |f the Oubracipieot. 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 o provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented bY Department of Labor regulations(28CFRPart 5). Under 4OU.&C. 37O2 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis nfa standard work week uf4Ohours. 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 of4OU.S,C, 37O4 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 e� 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 provisiom i. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7071q) and the Federal Water Pollution Control Act as amended (33U.8.C, 1251-1387). and will report violations to FEK8A and the Regional Office of the Environmental Protection Agency (EPA). (28)SUSPENSION AND DEBARMENT m. If the Subneoipient with the funds authorized by this Agreement, enters into a cnntnaot, then any such contract must include the following prnVisinns� i This contract is a covered transaction for purposes of C.F,R. pL 180 and 2 C.F,R. pt 3800. As such the contractor is required to verify that none of the contractor, its principals (defined mt2C.F.R. § 18O.9G5). or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.FR. § 180.940) or disqualified (defined at2C.F.R. § 180.83S). U. The contractor must comply with 2 C.F.R. pt. 180. subpart and 2 C.F.R. pt. 3000. oubpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is m 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 CY.R. pt. 3000. subpartC. in addition to remedies available to the Division, the Federal Government may pursue available rennedioe, including but not limited tn suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of C.F.R. pt, 190. subpart and 2 C.F.F<� pt. 3000. subpart Cvvhi|e this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (29)BYRD ANTI-LOBBYING AMENDMENT 13 a. If tha8ubreopient. with the funds authorized by this Agreement, enters into ucontract, then any such contract must include the following clause: i. Byrd Anti-Lobbying Amendment, 31 U.&C� § 1362 (as amended). Contractors who apply or bid for an award ofS18O.D0O or more shall file the required certification. Each tier certifies to the tier above that i{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 agoncy, e member of Congnass, officer nremployee of Congress, or an employee of member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by31 U.8.C. § i352, 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 totier up to the 8ubpauipiant. (30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the 8ubnaoipient, with the funds authorized by this Agreement, seeks to procure goods or services, thmn, in accordance with 2 C.F.R. §200.321. the Gubnecipient must take the following affirmative steps to assure that minority businesees, women's business enterprises, and labor surplus area firms are used whenever possible: i Placing qualified small and minority businesses and wmmen's business enterprises on solicitation |[ato; ii Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential eouroao� iii Dividing total requirements, when economically feeoibUe, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and vvomen'o business enterprises; iv. Establishing delivery schodu|ao, where the requirement permits, which encourage participation by small and minority hus|naooea, and vvomen^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 ofCommnon:e� and vi Requiring the prime oontnachor, if subcontracts are to be |et, to hake the affirmative steps listed in paragraphs (i). through v. of this subparagraph. b. The requirement outlined in subparagraph a, above, sometimes referred to as "sooioeconomio oontnaoting^" does not impose an obligation to met aside either the solicitation or evvord of e contract to these types of firms. Rother, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. o. The "socioeconomic contnacting" requirement outlines the affirmative steps that the Oubrecipient must take; the requirements do not preclude the 5ubnaoipient from undertaking additional steps to involve small and minority businesses and vvomeo^s business enterprises. cl, The requirement to divide total requirements, when economically feaaib|e, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enhmrp/inen, does not authorize the Subnaoipientto break e single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds no as to utilize streamlined acquisition procedures (e.g. "project splitting"), 14 SUB-RECIPIENT; By-, Name and title: Heather Carruthers Mayor Date: 6/1 7/2U2U FI D# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Digitally signed by Allison McLeaoyy Allison DN:do=org,dc=fleoc,ou=DEM-Users, ou=Recovery,cu-RecoveryCoordination, ©Ure�U Chief cn-AllisonMcLeary eemail-Allison.NRcLeary Ien.myflorlda.cont rlterrr� � Date:2020.06,17 17 SS 54-04'00' Name and Title - 6-17-20 Date: MONROEQ.COUNTY ATTORNEY ASTQ.Fj� 1. CHRISTINE LR OR MT-BA"OW5 ASSISTANTCa 1�1I78RNEv RATE 15 EXHIBIT STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: STATUTES,- State Project— State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance Title: Cebs|oO of State Financial Assistance Number Attachment CARES ACT CORDNAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION |, , am the Authorized Agent of Monroe Cou9ty 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[VromavirusAid, Relief, and Economic Security Act, Pub. L No. 1l6-1}8, div.A,Title V (Mar. 27, 2O20). 2. | understand that the State will rely mnthis certification as material representation in making grant payments to the County. 3. 1 acknowledge that County should keep records sufficient to demonstrate that the expenditure Vf funds ithas received bin accordance with section 6O1/d\ nf the Socia| 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 todenb|igateor offset any duplicated benefits. 6� 1 acknowledge and agree that County shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received. 7, 1 acknowledge that if County has not used funds it has received to cover costs that were incurred by December 30, ZO2U, os required by the statute,those funds must be returned tothe 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 federa I appropriation under section 601 of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency and governor's disaster declaration on March 1], 2OZO with respect to the Cnronav|ruo Disease ZO19 (COV|D-19); b. were not accounted for in the budget most recently approved as of March 27, 2020,for County; and c. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction has incurred eligible expenses between March 1, 2020 and the date noted below. By: Name and Ut|e� Date: 611 //2-W20 17 Attachment A-CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned sub'recipient, Monroe County certifies, 10 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 tn Report Lobbying,° in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The sub-recipient, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, sub-recipie,nt understands and agrees that the provisions of 31 U.S.C.Sec. 38D1ptseq' apply to his certification and disclosure, ifany. By: �� ,,Mew Name and title.- Date: 611 //2020 STATE 0)FFLORIDA DIVISION OF EMERGENCY MANAGEMENT mo/m*" "*11,Allis,,,1111,111, /\ �|^ K� | n° is on � ����V ���| �~~ /V\~L~~~~. � Byi ~~ ��t��Ql ��Ur8GU (�h�� �~~''''~�^—~ Name and title 6-17-20 Date: 18 Attachment PROGRAM STATUTES AND REGULATIONS 42USC 6D1(d) CARES Act Creation of the Cononavirms Relief Fund (CRF) Section 215,422, Florida Statutes Payments, vvarnsnts, and invoices: processing time |imita� dispute limitation; agency mr 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. O4 (2DO5'OO) Compliance Requirements for Agreements 19 Cares Act Funding Agreement Amendment 1 CARES ACT FUNDING AGREEMENT Amendment No. 1 This Amendment to Agreement No. Y2287 (the "Agreement") is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division," "FDEM,"or"Recipient"), and Monroe County, (hereinafter referred to as the "County" or Subrecipient"). This Amendment Is hereby incorporated into the Agreement.All terms and conditions of the Agreement remain in full force and effect except as otherwise expressly set forth herein.The effective date of this Amendment is September 22,2020. THEREFORE,the Parties agree to amend the Agreement language as set forth: (18)PAYMENTS The State of Florida, through the Division, will make disbursements, whether as a reimbursement or Advance from each County government's allocation as identified by the attached allotment schedule. Funding for Monroe County shall not exceed J13jQQ3,24D.SL IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their duly authorized representatives on the dates noted below. SUB-RECIPIENT- Monroe County D —H-tW C—ty,—9 Or V, By: Heather Carruthersan bale;2n'U.�U.21 13:20 17 NM Name &Title: Heather Carruthers, Monroe County Mayor Date: 10/21/2020 FID#: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Digilzilly signed 1,Allison Wlell DN- =4'dc--fleoc.ou-.-DEPA-Use,s,�u---Ret.vefy. ci-Ah5m McLeary. Allison McLeary By: Date 2020.11.13 083625-05'00 Name and Title Date 11-13-20