Item C28 C.28
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
February 15, 2023
Agenda Item Number: C28
Agenda Item Summary #11718
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470
No
AGENDA ITEM WORDING: Ratification of an agreement with the U.S. Department of Treasury
for the Local Assistance and Tribal Consistency Fund (LATCF) established by Section 605 of the
Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021. Amount of
Federal Funds obligated to Monroe County, fiscal year 2022 and 2023, is $1,526,054.10 in total with
payment in two (2) tranches. No match required. Approval for the Director of Budget and Finance
to serve as the Authorized Representative. The Authorized Representative will have the
responsibility to electronically sign and submit documents in the U.S. Department of Treasury grant
portal for the LATCF Funds.
ITEM BACKGROUND: The American Rescue Plan (ARP)was passed by Congress on March 10,
2021, and signed into law on March 11, 2021. Section 605(b)provides for a total of$2 billion for
Treasury to make payments to eligible revenue sharing counties and eligible Tribal governments
over fiscal years 2022 and 2023. The provision directs the Secretary to reserve $750 million to
allocate and pay to eligible revenue sharing counties for each of fiscal years 2022 and 2023, taking
into account economic conditions of each eligible revenue sharing county, using measurements of
poverty rates, household income, land values, and unemployment rates, as well as other economic
indicators, over the 20-year period ending with September 30, 2021. The purpose of the LATCF
program is to serve as a general revenue enhancement program.
PREVIOUS RELEVANT BOCC ACTION: On June 16, 2021,the BOCC approved AIS
C.19Approval for the Director of Budget and Finance to serve as the Authorized Representative for
the American Rescue Plan (ARP) Act of 2021. The Authorized Representative will have the
responsibility to electronically sign and submit documents in the U.S. Department of Treasury
grant portal for the Coronavirus State and Local Fiscal Recovery Funds.
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
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C.28
DOCUMENTATION:
LATCF Counties Award Terms AGREEMENT
FINANCIAL IMPACT:
Effective Date: 3/15/2021
Expiration Date: 3/31/2023
Total Dollar Value of Contract: $1,526,054.10
Total Cost to County: $0
Current Year Portion: $763,027.05
Budgeted: No
Source of Funds: U.S. Department of Treasury
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: LATCF-0796
County Match: $0
Insurance Required: N/A
Additional Details: None
02/15/23 NEW COST CENTER ADDED $1,526,054.10
LATCF-0796 - U.S. Dept of Treasury
REVIEWED BY:
Tina Boan Completed 01/31/2023 10:55 AM
Christina Cory Skipped 01/31/2023 3:08 PM
Christine Limbert Completed 01/31/2023 3:21 PM
Brian Bradley Completed 01/31/2023 3:32 PM
Lindsey Ballard Completed 01/31/2023 3:33 PM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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C.28.a
OMB Approved No. 1505-0276
Expiration Date: March 31, 2023
U.S. DEPARTMENT OF THE TREASURY
LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND
Recipient name and address: UEI Number: QKLSCT2LM7M9
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Monroe County Board of Commissioner Taxpayer Identification Number: 596000749
1100 Simonton Street, Room 2-213
Key West, Florida 33040
Amount of Federal Funds Obligated Assistance Listing Number: 21.032 0
(Total of Fiscal Year 2022 and Fiscal Assistance Listing Title: Local Assistance and Tribal
Year 2023 Tranches): E
Consistency Fund
$ 1526054.10
Total Amount of Federal Funds
Obligated:
$ 1526054.10
The Federal Award Date is the date of
the Recipient's signature below,
provided that all other conditions of the
award have been met.
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Section 605(b) of the Social Security Act(the Act), as added by section 9901 of the American
Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorizes the Department of the Treasury Z
(Treasury)to make payments to certain recipients from the Local Assistance and Tribal 2
Consistency Fund. W
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Recipient hereby agrees, as a condition to receiving such payment(s) from Treasury, to the terms
and conditions attached hereto. U)l
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Recipient:Monroe County Board of Commissioners
DocuSigned by:
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C575C6724FEE4FF...
Authorized Representative: Tina Boan
Title: Senior Director Budget& Finance U
Date signed:l/6/2023 U
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OMB Approved No. 1505-0276
Expiration Date: March 31, 2023
U.S. DEPARTMENT OF THE TREASURY
LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND
AWARD TERMS AND CONDITIONS FOR ELIGIBLE REVENUE SHARING COUNTY a
GOVERNMENTS
1. Payment of Funds.
a. Recipient understands that the Department of the Treasury (Treasury) will disburse funds 2
under this award (the award funds) in two tranches, subject to any remedial actions taken 0
pursuant to section 7 or any offsets imposed to satisfy any debt owed pursuant to section 9
of these award terms and conditions. E
b. In addition to the limitations provided in paragraph (a),payments under this award will C
be subject to the availability of funding, and, should the provisions of section 605 of the
Social Security Act(42 U.S.C. § 805) addressing allocations or recipient eligibility be
amended or the amount of the appropriation for implementation of such section be
reduced, Treasury may reallocate the amount of the appropriation that remains available
and adjust Recipient's total award amount accordingly. In the event Recipient's total
award amount is reduced, the amount of a second tranche payment may be reduced to
account for the receipt of amounts disbursed in the first tranche.
c. If eligible revenue sharing county governments other than Recipient decline or do not claim
the amounts allocated to them by Treasury from the Local Assistance and Tribal
Consistency Fund, Treasury may supplement this award with an additional allocation to
Recipient. The amount of this additional allocation will be determined by Treasury in its
discretion as provided in section 605 of the Act and will be subject to the limitations z
provided in paragraphs a and b. 2
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d. Any change in an allocation will be deemed an amendment to this award to increase or
decrease the total award amount, as applicable,unless,in the case of an increased allocation, �I
Recipient declines the increased total award amount.
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2. Use of Funds. EI
a. The award funds may be used to cover any cost incurred on or after March 15, 2021, for
any governmental purpose other than a lobbying activity, as provided in paragraph b. �I
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b. Recipients may not use the award funds directly or indirectly to pay for any personal service,
advertisement, telegram, telephone, letter, printed or written matter, or other device, c
to
intended or designed to influence in any manner a Member of Congress, a jurisdiction, or I
an official of any government, to favor, adopt, or oppose, by vote or otherwise, any U
legislation, law, ratification, policy, or appropriation, whether before or after the
introduction of any bill, measure, or resolution proposing such legislation, law,ratification,
as
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C.28.a
policy, or appropriation.
c. Recipient must expend and account for the funds in accordance with the financial
management,procurement, and conflicts of interest standards, laws,policies, and U-
procedures applicable to Recipient's expenditure of and accounting for its own funds.
3. Reporting. Recipient agrees to submit an annual project and expenditure report to Treasury for U)
this award in the form provided by Treasury. Recipient acknowledges total award and
expenditure amounts may be publicly disclosed.
4. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. E
5. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 605 of the Act and guidance
issued by Treasury regarding the Local Assistance and Tribal Consistency Fund program.
Recipient acknowledges that the funds constitute federal financial assistance and are subject
to federal law applicable to federal financial assistance. Recipient also agrees to comply
with all other applicable federal statutes, regulations, and executive orders in the course of
its use of the award funds.
b. Federal regulations applicable to this award include, without limitation, the following:
as
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's <
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal W
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financial assistance; W
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
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et seq.),which prohibits discrimination in housing on the basis of race, color,religion,
national origin, sex, familial status, or disability; as
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iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance; U)l A)
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit UI
discrimination on the basis of age in programs or activities receiving federal financial U
assistance;
V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ a
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto;
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vi. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. §§ 200.100-110, 203, and 303, and Subpart F (Audit
Requirements).
vii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
Subparts A,B, and D,pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference. U)
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viii. The provisions of Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170 applicable to executive compensation but not to subawards,pursuant c
to which the subsections of the award term set forth in Appendix A to 2 C.F.R. Part a
170 applicable to executive compensation are hereby incorporated by reference.
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ix. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and _
Treasury's implementing regulation at 31 C.F.R. Part 19. CL
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X. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.Part 20.
xi. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655)and implementing regulations.
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xii. Generally applicable federal environmental laws and regulations.
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6. Maintenance of and Access to Records.
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a. Recipient will maintain records and financial documents sufficient to evidence compliance E
with section 605 of the Act, this award agreement, and implementing guidance issued by �I
Treasury for a period of five (5) years after all funds have been expended or returned to E
Treasury.
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b. Recipient acknowledges that Treasury, including the Treasury Office of Inspector General,
and the Government Accountability Office or their authorized representatives will have the
right of access to records of Recipient in order to conduct audits or other investigations. U
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7. Remedial Actions. In the event of Recipient's noncompliance with section 605 of the Act,these
terms and conditions, other applicable laws, guidance, or any reporting or other program
requirements, Treasury may take any of the following remedies: a
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a. Impose additional conditions on the receipt of the second tranche of the award;
b. Temporarily withhold the second tranche of the award in whole or in part;
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c. Require recoupment of payments under this award;
d. Terminate the Federal award;
e. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.part 180 and
Treasury regulations; and U)
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f. Take other remedies that may be legally available.
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8. False Statements. Recipient understands that making false statements or claims in connection a
with this award is a violation of federal law and may result in criminal, civil, or administrative
sanctions, including fines, imprisonment, civil damages and penalties, debarment from C
participating in federal awards or contracts, and/or any other remedy available by law.
9. Debts Owed the Federal Government.
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a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; or (2) that are
determined by Treasury to be subject to a repayment obligation and have not been repaid
by Recipient shall constitute a debt to the federal government. C
b. Any debts determined to be owed the federal government must be paid promptly by as
Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment,unless other satisfactory arrangements have been made
or if the Recipient knowingly or improperly retains funds that are a debt as defined in W
paragraph (a). Treasury will take any actions available to it to collect such a debt. W
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10.Disclaimer.
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a. The United States expressly disclaims any and all responsibility or liability to Recipient or E
third persons for the actions of Recipient or third persons resulting in death,bodily injury, �I
property damages, or any other losses resulting in any way from the performance of this
award or any other losses resulting in any way from the performance of this award or any
contract, or subcontract under this award. <I
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b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient. U
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1 1. Amendments.
a. The terms of this award may be amended with the written approval of Recipient and a
Treasury. E
b. In addition, Treasury reserves the right to amend the terms of this award if required by
U.S. law or regulation without the consent of Recipient.
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c. Notwithstanding the above, Treasury may, upon reasonable notice to Recipient,
unilaterally amend this agreement for the sole purpose of making ministerial or
administrative changes or correcting scrivener's errors. U
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PAPERWORK REDUCTION ACT NOTICE U)
The estimated burden associated with the collection of information provided for in section 6 of a
the terms and conditions is 15 minutes per response. Comments concerning the accuracy of this
burden estimate and suggestions for reducing this burden should be directed to the Office of
Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., 0
Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of information unless it displays
a valid control number assigned by OMB.
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