HomeMy Public PortalAbout2021-42 Accepting an allocation of $6,433,966.00 in coronavirus state and local fiscal recovery fundsRE S O L U T IO N N O . 2 0 2 1 -4 2
A RE S O L U T I O N O F T H E V IL L A G E C O UN C IL O F T H E
V IL L A G E O F K E Y B IS C A Y N E , F L O RI D A , A C C E P T IN G
A N A L L O C A T I O N O F $6 ,4 3 3 ,9 6 6 .0 0 IN C O R O N A V IR U S
S T A T E A N D L O C A L F IS C A L RE C O V E R Y F U N D S F R O M
T H E U .S . D E P A R T M E N T O F T RE A S U R Y U N D E R T H E
A M E RI C A N RE S C U E P L A N A C T ; A P P R O V IN G A N
A M E RI C A N RE S C U E P L A N A C T C O R O N A V IR U S L O C A L
F I S C A L R E C O V E R Y F U N D A C R E E M E N T W IT H T H E
S T A T E O F F L O RI D A , D IV IS IO N O F E M E R G E N C Y
M A N A G E M E N T ; P R O V ID IN G F O R A U T H O R IZ A T IO N ;
P R O V ID IN G F O R IM P L E M E N T A T I O N ; A N D P R O V ID IN G
F O R A N E F F E C T IV E D A T E .
W H E RE A S , in order to facilitate the ongoing recovery from the COVID-19 pandemic,
Congress adopted the American Rescue Plan Act of 2021 (the "ARPA"), which created the
Coronavirus Local Fiscal Recovery Fund for the purpose of providing funds to local governments
(the "Fiscal Recovery Funds"); and
WHEREAS, the ARP A allocated a portion of the Fiscal Recovery Funds to be paid to the
State of Florida for distribution to non-entitlement units of local government, such as the Village
of Key Biscayne (the "Village"); and
WHEREAS, the State of Florida, Division of Emergency Management (the "Division")
received a portion of the Fiscal Recovery Funds from the U.S. Department of Treasury (the
"Treasury") and is responsible for disbursing to the Village its allocation of $6,433,966.00 (the
"Allocation"); and
WHEREAS, the Village Council desires to accept the Allocation, including each
installment of Funds provided by the Treasury; approve the American Rescue Plan Act
Coronavirus Local Fiscal Recovery Fund Agreement with the Division attached hereto as Exhibit
"A" ("the Agreement"); and authorize the Village Manager to execute any required or related
Page I of3
a g re e m e n ts, a m e n d m e n ts, o r do c u m e n ts w h ic h are re q u ire d to im p lem en t th e pur p o ses of th is
R e so lu tio n an d th e A g re e m e n t; an d
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Allocation Accepted. That the Village Council hereby accepts the
Allocation as awarded by the Treasury, including each installment of Funds provided by the
Treasury, as provided for by the Agreement.
Section 3. Approval. That the Village Council hereby approves the Agreement, in
substantially the form attached hereto as Exhibit "A."
Section 4. Authorization. That the Village Manager is hereby authorized to execute
the Agreement, in substantially the form attached hereto as Exhibit "A," and any required or related
agreements, amendments, or documents which are required to implement the purposes of this
Resolution and the Agreement, subject to the approval of the Village Attorney as to form, content,
and legal sufficiency.
Section 5. Implementation. That the Village Manager is hereby authorized to take all
actions necessary to implement the purposes of this Resolution.
Section 6.
adoption.
PASSED and ADOPTED this ~ day of September
Effective Date. That this Resolution shall be effective immediately upon
, 2021.
Page 2 of3
ATTEST:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 3 of3
EX HIBIT A
Agreement Number: Y5149
Unique Identifier Code: FL0152
AMERICAN RESCUE PLAN ACT
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT
This Agreement is entered into by and between the State of Florida, Division of Emergency Management (the
"Division") and Key Biscayne, Village of (the "Non-Entitlement Unit" or "Recipient").
RECITALS
A. Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2, §9901) added section 603(a) to the
Social Security Act ("ARPA"), which created the Coronavirus Local Fiscal Recovery Fund for the purpose of
providing funds to local governments in order to facilitate the ongoing recovery from the COVID-19 pandemic
("Fiscal Recovery Funds"); and
B. Following the enactment of ARPA, the U.S. Department of the Treasury ("Treasury" or "Secretary") released formal
and informal guidance regarding implementation of ARPA, including the disbursement and expenditure of Fiscal
Recovery Funds, including Treasury Interim Final Rule,31 CFR-pt. 35, 2021, attending rule guidance published
in the Federal Register, Volume 86, No 93,1, and informal guidance made publicly available by Treasury, which
may be amended, superseded, or replaced during the term of this Agreement ("Treasury Guidance"); and
C. ARPA allocated $7,105,927,713.00 for making payments to metropolitan cities, non-entitlement units of local
government, and counties in Florida, 21 % of which is to be paid directly to metropolitan cities in Florida, 59% of
which was paid directly to counties in Florida, and 20% of which is to be paid to the State of Florida for distribution
to non-entitlement units of local government; and
D. The Secretary disbursed $5,689,502,590.00 of these funds directly to metropolitan cities and counties; and
E. A remaining balance of $1,416,425,123.00 was reserved for the State of Florida to disburse to non-entitlement
units of local government; and
F. The Division has received these funds from the Secretary through the State of Florida in accordance with the
provisions of ARPA; and
G. Pursuant to the provisions of ARPA, the Division is the state entity responsible for disbursing the funds to the
Recipient under this Agreement; and
H. The Recipient is fully qualified and eligible to receive this funding in accordance with ARPA for the purposes
identified therein.
Therefore, in consideration of the mutual promises, terms and conditions contained herein, the Division and the Recipient
agree as follows:
(1) RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference.
(2) TERM. This Agreement shall be effective upon execution and shall end on December 31, 2024, unless terminated
earlier in accordance with the provisions of this Agreement. Upon expiration or termination of this Agreement for any
reason, the obligations which by their nature are intended to survive expiration or termination of this Agreement will
survive.
(3) FUNDING. The State of Florida, through the Division, will make a disbursement of each non-entitlement unit of local
government's allocation based on the list of non-entitlement units published by Treasury and based upon the State's
calculation of the Recipient's proportional share of the total population of all non-entitlement units in the State. The
total Fiscal Recovery Funds allocation for Recipient under this Agreement is $6,433,966.00.
(4) USE OF FISCAL RECOVERY FUNDS
a. The State, through the Division, will-within 30 days of receiving payment from the Secretary, or within such
other time period as may be permitted by the Secretary-make an initial disbursement to the non-entitlement
1 https://www.regulations.gov/document/TREAS-D0-2021-0008-0002 I Federal Register, Vol. 86, No. 93, Pg. 26786
("Federal Register")
1
unit of local govern m ent of 50% of the total am ount allocated to the non-entitlem ent unit.2 Not earlier than 12
months from the date upon which the State makes the initial disbursement, the Secretary is expected to
release the Second Tranche amount to the State. The State will-within 30 days of receiving payment from
the Secretary, or within such other time period as may be permitted by the Secretary-make a second
disbursement to the non-entitlement unit of local government.
b. Recipients may use payments for any expenses eligible under ARPA Coronavirus State and Local Fiscal
Recovery Funds. Payments are not required to be used as the source of funding of last resort.
c. ARPA requires that Fiscal Recovery Funds may only be used to cover expenses incurred by the non-
entitlement unit of local government by December 31, 20243 , such as:
i. to respond to the public health emergency with respect to COVI D-19 or its negative economic impacts,
including assistance to households, small businesses, and nonprofits, or aid to impacted industries
such as tourism, travel, and hospitality;
ii. to respond to workers performing essential work during the COVID-19 public health emergency by
providing premium pay to eligible workers of the non-entitlement unit of local government that are
performing such essential work, or by providing grants to eligible employers that have eligible workers
who perform essential work;
iii. for the provision of government services to the extent of the reduction in revenue of such non-
entitlement unit of local government due to the COVID-19 public health emergency relative to
revenues collected in the most recent full fiscal year of the non-entitlement unit of local government;
or
iv. to make necessary investments in water, sewer, or broadband infrastructure.
d. As specified in the Treasury Guidance, Eligible Use of Fiscal Recovery Funds falls under four categories,
including (1) Public Health and Economic Impacts, (2) Premium Pay for Essential Workers, (3) Revenue Loss,
and ( 4) Investments in Infrastructure.
i. Public Health and Economic Impacts: Examples of eligible uses of Fiscal Recovery Funds under this
category include, but are not limited to:
1. COVID-19 Mitigation and Prevention expenses, such as vaccination programs, medical care,
testing, personal protective equipment (PPE), and ventilation improvements;4
2. Medical expenses, including both current expenses and future medical services for
individuals experiencing prolonged symptoms and health complications from COVID-19;5
3. Payroll expenses for public safety, public health, health care, human services, and other
similar employees, to the extent that their services are devoted to mitigating or responding to
COVID-19;6
4. Efforts to remedy the economic impact of the COVID-19 public health emergency on
households, individuals, businesses, and state, local, and tribal governments;? and
5. Efforts to remedy pre-existing economic disparities which were exacerbated by the COVID-
19 public health emergency.8
ii. Premium Pay: Fiscal Recovery Funds may also be used to provide premium pay to essential workers,
per Treasury Guidance's definition of "essential work."9 Examples of essential workers include, but
are not limited to:
1. Staff at nursing homes, hospitals, and home care settings;
2. Workers at farms, food production facilities, grocery stores, and restaurants;
3. Janitors, truck drivers, transit staff, and warehouse workers
4. Public health and safety staff;
5. Childcare workers, educators, and other school staff; and
2 "First Tranche Amount," American Rescue Plan Act of 2021, H.R. s. 601 (b)(7) "Timing"
3 https ://home.treasury .gov/system/files/ 136/Coronavi rus-Relief-F und-Gu ida nee-for-State-Territorial-Local-and- Tribal-
Governments. pdf
4 See Federal Register, pg. 26790.
5 Id.
6 Id. at. 26791
7 Id at 26791-26797
8 Id.
91d. at26797
2
6. Social service and human services staff.'?
iii. Revenue Loss: Recipients may use Fiscal Recovery Funds for the provision of government services
to th e e x te n t o f th e re d u c tio n in re v e n u e e x p e rie n c e d due to the COVID-19 Public Health
E m e rg e n c y .11
iv. Investments in Infrastructure: Treasury Guidance specifies that Fiscal Recovery Funds may be used
to improve access to clean drinking water, improve wastewater and stormwater infrastructure
systems, and provide access to high-quality broadband services.12
e. Additional guidance regarding eligible uses of Fiscal Recovery Funds, as well as impermissible uses (including
for pensions or to offset revenue losses from tax reductions) is set forth in Treasury Guidance.
(5) LAWS, RULES, REGULATIONS, AND POLICIES
a. Performance under this Agreement is subject to the applicable provisions of 2 CFR Part 200,
entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards" including the cost principles and restrictions on general provisions for selected
items of cost.
i. The following 2 CFR policy requirements apply to this assistance listing13:
Subpart B, General provisions;
Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards;
Subpart D, Post Federal; Award Requirements;
Subpart E, Cost Principles; and
Subpart F, Audit Requirements.
ii. The following 2 CFR policy requirements also apply to this assistance listing: 2 C.F.R.
Part 25, Universal Identifier and System for Award Management; 2 C.F.R. Part 170,
Reporting Subaward and Executive Compensation Information; and 2 C.F.R. Part 180,
0MB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-
procurement). The following 2 CFR Policy requirements are excluded from coverage
under this assistance listing: For 2 C.F.R. Part 200, Subpart C; 2 C.F.R. § 200.204
(Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency
review of merit of proposal); 2 C.F.R. § 200.210 (Pre-award costs);and 2 C.F.R. §
200.213 (Reporting a determination that a non-Federal entity is not qualified for a
Federal award). For 2 C.F.R. Part 200, Subpart D, the following provisions do not apply
to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2
C.F.R. § 200.309 (modifications to period of performance); C.F.R. § 200.305 (b)(8) and
(9) (Federal Payment).
b. In addition to the foregoing, the Recipient and the Division will be governed by all applicable State and Federal
laws, rules and regulations, including those identified in Attachment C. Any express reference in this
Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation
applies.
(6) NOTICES
a. All notices under this Agreement shall be made in writing to the individuals designated in this paragraph. In
the event that different representatives or addresses are designated by either party after execution of this
Agreement, notice of the new name, title and contact information of the new representative will be promptly
provided to the other party, and no modification to this Agreement is required.
b. In accordance with section 215.971 (2), Florida Statutes, the Division's Program Manager will be responsible
for enforcing performance of this Agreement's terms and conditions and will serve as the Division's liaison
10 Id.
11 Id. at 26799
12 Id. at 26802
13 As defined in 2 C.F.R. § 200.1
3
w ith the Recipient. As part of his/her duties, the Program Manager fo r the Division w ill m onitor and docum ent
Recipient perform ance.
c. The Division's Pro gram Manager fo r this Agreem ent is:
Erin W hite
Division of Em ergency Managem ent
2555 Shum ard O ak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-815-4458
Em ail: Erin. W hite@ em .m yflorida.com
d. The nam e and address of the representative responsible fo r the adm inistration of this Agreem ent is:
Melissa Shirah
Division of Em ergency M anagem ent
2555 Shum ard O ak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-815-4455
Em ail: Melissa.Shirah@ em .m yflorida.com
e. The contact info rm ation of the representative of the Reci pient is:
Authorized Representative:
Title:
Address:
Telephone:
Email:
(7) PAYMENT
a. In order to obtain funding under this Agreement, the Recipient must file with the Division Program Manager
information and documentation, including but not limited to the following:
i. Local government name, Entity's Taxpayer Identification Number, DUNS number, and address;
ii. Authorized representative name, title, and email;
iii. Contact person name, title, phone, and email;
iv. Financial institution information (e.g., routing and account number, financial institution name and
contact information);
v. Total NEU budget (defined as the annual total operating budget, including general fund and other
funds, in effect as of January 27, 2020) or top-line expenditure total (in exceptional cases in which the
NEU does not adopt a formal budget);
vi. Signed Assurances of Compliance with Title VI of the Civil Rights Act of 1964. (Attachment D); and
vii. Signed Award Terms and Conditions Agreement (Attachment E).
b. Payment requests must include a certification, signed by an official who is authorized to legally bind the
Recipient, which reads as follows:
By signing this report, I certify to the best of my knowledge and belief that the report is true,
complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am
aware that any false, fictitious, or fraudulent information, or the omission of any material fact,
may subject me to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and
3801-3812).
4
(8) R E C O R D S
a. A s a co nditio n of receiving state or fede ral fina nci a l assistance, and as requ ired by se ctio ns 20.0 55(6 )(c ) and
2 1 5 .9 7 (5 )(b ), F lo rida S tatutes, the D ivisio n, the C h ief Inspector G ene ral of the S tate of Flo rida , the Flo rida
A u d it o r G e n e r a l, o r a n y o f th e ir a u t h o r iz e d r e p r e s e n t a t iv e s , s h a ll e n jo y th e r ig h t o f a c c e s s to a n y d o c u m e n t s ,
f in a n c ia l s ta t e m e n t s , p a pe rs, or othe r records of the R e cip ient w hich are pe rt ine nt to this A greem e nt, in orde r
to m a ke aud its, exa m inatio ns, excerpts, and transcripts. T he right of access also incl ude s tim e ly and
reaso na b le access to the R ec ip ie nt's personne l fo r the purpose of interv ie w and discussio n related to suc h
do cum e nts. Fo r the purpose s of this sectio n, the term "R eci pient" incl ude s em p loyees or agents, incl ud ing all
subcontractors or consultants to be paid fr om funds provided unde r this A greem e nt.
b. T he R ec ipie nt shall m a intain all records related to this A greem e nt fo r the pe riod of tim e speci fie d in the
ap prop riate retentio n sche d ule pub lishe d by the Flor ida D e part m e nt of S tate . Info rm atio n regarding rete ntio n
s c h e d u le s c a n b e o b t a in e d a t: h tt p ://do s .m yflo rida .com /lib rary-archive s/records-m a nagem e nt/ge ne ral-
records-sche d ules/.
c. Flo rida 's G overn m ent in the S unshine Law (se ctio n 286 .0 11, Flo rida S tatutes) pro vide s the citizens of Flo rida
w it h a r ight of access to govern m ental pro ceedin gs and m andates three , ba sic requirem ents: (1) all m e e ting s
o f p u b lic b o a r d s o r c o m m issio ns m ust be open to the pub lic ; (2 ) reaso nab le no tice of suc h m eetings m ust be
g iv e n ; a n d (3 ) m in u t e s o f th e m e e t in g s m u s t b e ta k e n a n d p r o m p tl y -r e c o r d e d .
d . Fl o r id a 's P u b lic R e c o r d s L a w p r o v id e s a r ig h t o f a c c e s s to th e r e c o r d s o f th e s t a t e a n d lo c a l g o v e rn m e n t s a s
w e ll a s to p r iv a t e e n t it ie s a c t in g o n th e ir b e h a lf . U n le s s s p e c ifi c a ll y e x e m p te d fr o m d is cl o s u r e b y F lo r id a
S t a t u t e , a ll m a t e r ia ls m a d e o r r e c e iv e d b y a g o v e rn m e n t a l a g e n c y (o r a p r iv a t e e n t it y a c ting on beha lf of suc h
a n a g e n c y ) in c o n ju n c tio n w it h o ffi ci a l b u s in e ss w hic h are used to pe rpetua te, com m unicate, or fo rm a liz e
k n o w le d g e q u a li f y a s p u b lic r e c o r d s s u b je c t to p u b lic in s p e c tio n .
IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(9) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient must follow
Generally Accepted Accounting Principles ("GAAP"). As defined by 2 CFR §200.49, "GAAP has the meaning
specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the
Financial Accounting Standards Board (FASB).
b. When conducting an audit of the Recipient's performance under this Agreement, the Division must use
Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 CFR §200.50, "GAGAS,
also known as the Yellow Book, means generally accepted government auditing standards issued by the
Comptroller General of the United States, which are applicable to financial audits.
c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions
of and strict compliance with this Agreement and with Section 603(c) of the Social Security Act, the Recipient
will be held liable for reimbursement to the Secretary of all funds used in violation of these applicable
regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of
such non-compliance.
d. The Recipient must have all audits completed by an independent auditor, which is defined in section
215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473."
The independent auditor must state that the audit complied with the applicable provisions noted above. The
audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year.
e. The Recipient 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
5
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ii.
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the
related provisions of the Uniform Guidance.
(10) REPORTS
a. The Recipient must provide the Secretary with periodic reports providing a detailed accounting of the uses of
such funds by such non-entitlement unit of local government including such other information as the Secretary
may require for administration of the Coronavirus Local Fiscal Recovery Fund. Concurrently, Recipients must
provide to the Division a copy of the report given to the Secretary.
b. Failure by Recipient to submit all required reports and copies may result in the Division's withholding of further
payments until all such documents are submitted to the Division and deemed to be satisfactory.
c. The Recipient must provide additional program updates or information if requested by the Division.
(11) LIABILITY.
Any Recipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees
to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent
set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this
Agreement.
(12) TERMINATION
a. The Division may terminate this Agreement immediately for cause upon written notice to Recipient. Cause
includes, but is not limited to, misuse of funds, fraud, non-compliance with ARPA, Treasury Guidance, or other
applicable rules, laws and regulations, or failure by the Recipient to afford timely public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes.
b. The Division may terminate this Agreement for convenience upon thirty (30) days' prior written notice to
Recipient.
c. In the event this Agreement is terminated, the Recipient must not incur new obligations for the terminated
portion of this Agreement after it has received the notification of termination. The Recipient must cancel as
many outstanding obligations as possible. Obligations incurred after receipt of the termination notice will be
disallowed. The Recipient will not be relieved of liability to the Division because of any breach of this
Agreement by the Recipient. The Division may, if and to the extent permitted by ARPA and Treasury
Guidance, withhold payments to the Recipient for the purpose of set-off until the exact amount due the Division
from the Recipient is determined and resolved.
(13) MISCELLANEOUS
a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and
materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a
Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said
information, representations, and materials is incorporated by reference. The inaccuracy of the submissions
6
or any m ateria l changes w ill, at the optio n of the Di visio n and w ith thirty (30) days w ritt en no tice to the
R ecip ie nt, cause the term inatio n of this A gree m e nt and the relea se of the D ivisio n fr om all its obligatio ns to
th e R e ci p ie n t.
b . T h is A g r e e m e n t m u s t b e c o n s t r u e d u n d e r th e la w s o f th e S t a t e o f Flo rida , and venue fo r any actio ns arising
o u t o f th is A g r e e m e n t w ill b e in th e C ir c u it C o u rt o f L e o n C o u n t y . If a n y p r o v is io n o f th is A g r e e m e n t is in
c o n fl ic t w it h a n y a p p lic a b le s ta t u t e o r r u le , o r is u n e n fo r c e a b le , th e n th e p r o v is io n is n u ll a n d v o id to th e e x te nt
o f th e c o n fl ic t , a n d is s e v e r a b le , b u t d o e s n o t in v a lid a te any othe r provisio n of this A greem e nt.
c . A n y p o w er of ap p roval or disap pro val granted to the D iv isio n unde r the term s of this A gree m e nt w ill surv ive
th e te r m o f th is A g r e e m e n t.
d . T h is A g r e e m e n t m a y b e e x e c u t e d in a n y n u m b e r o f c o u n t e r p a rt s , a n y o n e o f w h ic h m a y b e ta k e n a s a n
o r ig in a l.
e . T h e R e c ip ie n t a g r e e s to c o m p ly w it h th e A m e r ic a n s W it h D is a b il it ie s A c t (P u b li c L a w 1 0 1 -3 3 6 , 4 2 U .S .C .
S e c t io n 1 2 1 0 1 e t s e q .), w h ic h p r o h ib it s d is c r im in a t io n b y p u b li c a n d p r iv a t e e n t it ie s o n th e b a s is o f d is a b ilit y
in e m p lo y m e n t , p u b li c a c c o m m o d a t io n s , tr a n s p o r ta t io n , S t a t e a n d lo c a l g o v e rn m e n t s e rv ic e s , a n d
te le c o m m u n ic a t io n s .
f . T h e R e ci p ie n t m u s t c o m p ly w it h a n y S t a t e m e n t o f A s s u r a n c e s in c o r p o r a t e d a s A tt a c h m e n t D .
g . T h o s e w h o h a v e b e e n p la c e d o n th e c o n v ic te d v e n d o r lis t fo ll o w in g a c o n v ic t io n fo r a -p u b lic e n t it y c r im e o r o n
th e d is c r im in a t o r y v e n d o r lis t m a y n o t s u b m it a b id o n a c o n t r a c t to p r o v id e a n y g o o d s o r s e rv ic e s to a p u b lic
e n t ity , m a y n o t s u b m it a b id o n a c o n t r a c t w it h a p u b lic e n t it y fo r th e c o n s t r u c tio n o r r e p a ir o f a p u b lic b u ild in g
o r p u b li c w o r k , m a y n o t s u b m it b id s o n le a s e s o f r e a l p ro p e rt y to a p u b lic e n t it y , m a y n o t b e a w a r d e d o r
p e rf o r m w o r k a s a c o n t r a c to r , s u p p lie r , s u b c o n t r a c to r , o r c o n s u lt a n t u n d e r a c o n t r a c t w it h a p u b lic e n t it y , a n d
m a y n o t tr a n s a c t b u s in e s s w it h a n y p u b li c e n t it y in e x c e s s o f $2 5 ,0 0 0 .0 0 fo r a p e r io d o f th irt y -s ix (3 6 ) m o n t h s
fr o m th e d a t e o f b e in g p la c e d o n th e c o n v ic te d v e n d o r lis t o r o n th e d is c r im in a t o ry v e n d o r li s t.
h . T h e S ta t e o f F lo r id a 's p e rf o r m a n c e a n d o b lig a t io n to p a y u n d e r th is A g r e e m e n t is c o n t in g e n t u p o n a n a n n u a l
a p p ro p r ia t io n b y th e L e g is la t u r e , a n d s u b je c t to a n y m o d ifi c a t io n in a c c o r d a n c e w it h C h a p t e r 2 1 6 , F lo r id a
S t a t u t e s , o r th e F lo r id a C o n s t it u t io n .
i. A ll b ill s fo r f e e s o r o t h e r c o m p e n s a t io n fo r s e rv ic e s o r e x p e n s e s s h a ll b e s u b m itt e d in d e t a il s u ff ici e n t fo r a
p r o p e r p r e -a u d it a n d p o s t-a u d it th e r e o f .
j. A n y b ill s fo r tr a v e l e x p e n s e s m u s t b e s u b m itt e d in a c c o r d a n c e w it h s e c t io n 1 1 2 .0 6 1 , F lo r id a S t a t u t e s .
k . T h is A g r e e m e n t , u p o n e x e c u ti o n , c o n t a in s th e e n t ire a g r e e m e n t o f th e p a r tie s a n d n o p r io r w r itt e n o r o r a l
a g r e e m e n t , e x p re s s o r im p lie d , s h a ll b e a d m is s ib le to c o n t r a d ic t th e p r o v is io n s o f th is A g r e e m e n t.
I. This Agreement may not be modified except by formal written amendment executed by both of the parties.
m. If the Recipient 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 603 of the Social Security Act and the Guidance on eligible expenses. If a government deposits
Fiscal Recovery Fund payments in a government's general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended. The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the
INA will be grounds for unilateral cancellation of this Agreement by the Division.
n. The Recipient is subject to Florida's Government in the Sunshine Law (section 286.011, Florida Statutes) with
respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings must be publicly noticed, open to the public,
and the minutes of all the meetings will be public records, available to the public in accordance with Chapter
119, Florida Statutes.
o. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for
State Expenditures.
p. In accordance with section 215.971 (1 )(d), Florida Statutes, the Recipient may expend funds authorized by
this Agreement only for allowable costs resulting from obligations incurred during the specific agreement
period.
7
q . A n y ba la n ce s of uno b ligate d ca sh that ha ve be e n ad va n c e d o r pa id th a t a re no t au th o riz e d to be re ta in e d fo r
dire ct pro gram co sts in a subse que n t pe rio d m u st be refun d e d to th e S e c re ta ry .
r. If th e purch ase of th e asse t w as con siste n t w ith th e lim ita tio n s o n th e elig ib le use of F is ca l R e c o ve ry Fu n d s
pro vide d by A R P A and T re asury G uidan ce , the R e ci p ie n t m a y re ta in th e asse t. If su c h asse ts a re d is p o se d
of prio r to D e cem be r 31, 2024 , th e pro ce e d s w o u ld be su bje ct to th e re strictio n s o n th e e lig ib le use of Fisca l
R eco very Funds pro vided by A R P A .
(14 ) LO B B Y IN G P R O H IB IT IO N
a . 2 C F R §200 .4 50 proh ib its reim b u rse m en t fo r co sts asso ci a te d w ith ce rt a in lo b b y in g activ itie s .
b. S ectio n 2 16 .34 7 , Flo rida S tatu te s, proh ib its "a n y disb urse m e n t of g ra n ts an d aid s ap p ro p ria tio n s pu rsu a n t to
a contract o r gra n t to any pe rso n o r org a n iz a tio n un le ss th e te rm s of the gra n t o r co n tra c t pro h ib it th e
exp e n ditu re of fun d s fo r th e pu rp ose of lo b b y in g the Le g is la tu re , th e ju d ic ia l bra n ch , o r a sta te ag e n c y ."
c. N o fund s o r othe r re so u rces received fr om th e D iv is io n un d e r th is A g re e m e n t m a y be us e d dire ctly o r in d ire ctly
to in flue n ce legisla tio n o r any othe r offi ci a l actio n by the Flo rid a Le g is la tu re o r an y state ag e n c y .
d . T h e R ecip ie n t cert ifie s th e fo llo w in g :
i. N o Fed e ra l ap pro priated fun ds ha ve be e n pa id or w ill be pa id , by o r o n be ha lf of th e R e ci p ie nt, to an y
pe rso n fo r in flu e ncing o r att em ptin g to in flu e n c e an off ice r or e m p lo ye e of an y ag e n cy , a M e m b e r of
C o ng re ss, an off icer o r em p loye e of C o n g re ss, o r an em p lo ye e of a M e m b e r of C o n g re ss in
conne ctio n w ith the aw ard in g of an y Fe d e ra l co n tra ct, th e m a k in g of an y Fe d e ral g ra n t, the m a kin g of
any Fed e ra l lo an, th e en tering in to of an y co o p e rativ e ag re e m e n t, a n d the exte n s io n , co n tin u a tio n ,
ren ew a l, am e n dm e n t o r m odifi ca tio n of an y Fe d e ra l co n tra c t, g ra n t, lo a n o r co o p e rativ e ag re e m e n t.
ii. If a ny fun ds oth e r th an Fede ra l a p p ro p ria te d fun d s ha ve be e n pa id o r w ill be pa id to a n y pe rso n fo r
in fl u e nci ng o r att em ptin g to in flue n ce an offi ce r o r e m p lo y e e of an y ag e n cy , a M e m b e r o f C o n g re ss,
an o ff icer o r em p loyee of C o ng re ss, or a n em p lo y e e o f a M e m b e r o f C o n g re ss in co n n e c tio n w ith th is
Fede ral co ntra ct, g ra n t, lo an or co o p e rative ag re e m e n t, th e R e ci p ie nt m u st co m p le te a n d su b m it
S ta nda rd Fo rm -LLL , "D iscl osu re of Lo b b y in g A ctiv itie s ."
iii. T he R ecip ien t m u st re quire that th is ce rtifica tio n be in cl u d e d in th e aw a rd do c u m e n ts fo r a ll su b a w a rds
(incl ud ing su b con tra cts, su bgra nts, an d co n tra cts un d e r gra n ts , lo a n s , an d co o p e rative ag re e m e nts)
a n d that all R ecip ie nts sh all cert ify an d discl o se .
iv. T h is cert ifi ca tio n is a m ate ria l re p re se n tatio n of fact up o n w h ic h re lia n ce w a s pla c e d w h e n th is
tra nsactio n w a s m ade o r en te red in to . S u b m issio n of th is ce rt ifi ca tio n is a pre re q u is ite fo r m a kin g or
en terin g in to th is tra n sactio n im p o se d by S e ctio n 13 5 2 , T itle 3 1, U .S . C o d e . A n y pe rso n w ho fails to
file th e re quire d cert ifi ca tio n sh all be su bje ct to a civ il pe n a lty of no t le ss tha n $10 ,0 0 0 an d no t m o re
tha n $10 0 ,0 00 fo r ea ch su ch fa ilu re .
(15 ) R E Q U IR E D C O N T R A C T U A L P R O V IS IO N S
a . E Q U A L O P P O R T U N IT Y E M P LO Y M E N T
i. In accorda nce w ith 4 1 C F R §6 0 -1.4 (b }, th e R e cip ie n t he re b y ag re e s th a t it w ill in c o rpo ra te o r ca u s e
to be incorp o rate d in to any contra ct fo r co n stru ctio n w o rk, o r m o d ifi ca tio n th e re o f, as de fin e d in th e
re gulatio n s of th e S ecreta ry o f La b o r at 4 1 C F R C h a p te r 6 0 , w h ic h is pa id fo r in w ho le o r in pa rt w ith
funds o b ta ined fr om th e Fede ra l G o v e rn m e nt or bo rro w e d o n th e cre d it of the Fe d e ra l G o v e rn m e n t
pursu a n t to a g ra n t, co ntra ct, loa n , in s u ra n c e , or gu a ra n te e , o r un d e rt a ke n pu rsu a n t to an y Fe d e ra l
progra m involvin g such gra n t, co n tra ct, lo a n , in su ra n c e , o r gu a ra n te e , the fo llo w in g eq u a l o p p o rt u n ity
cl a use :
D urin g the perf orm an ce of th is co n tra ct, the co n tra cto r ag re e s as fo llo w s:
1. T h e contra ctor w ill no t discrim in a te ag a in st a n y em p lo ye e o r ap p lic a n t fo r e m p lo y m e n t
be cau se of ra ce , colo r, re lig io n , se x , se x ua l o rie n ta tio n , ge n d e r id e n tity , o r na tio n a l orig in .
T he con tra ctor w ill ta ke aff irm a tive actio n to en s u re th a t a p p lic a n ts are em p lo y e d , an d tha t
em plo yees are treate d du rin g em p lo y m e n t w ith o u t re g a rd to th e ir ra ce , co lo r, re lig io n , se x ,
sexua l o rie n tatio n, ge n d e r id e ntity, o r na tio n a l o rig in . S u c h ac tio n sh a ll in cl u d e , bu t no t be
lim ite d to the fo llow ing :
8
a. E m p loym ent, upgrading , de m otio n, or transfe r; recruitm e nt or recruitm e nt
adv ert ising ; layoff or term inatio n; rates of pay or othe r fo rm s of com pensatio n; and
se le ctio n fo r training , incl ud ing ap prenticeship. T he contractor agrees to post in
cons picuo us pla ces, availa b le to em ployees and ap plicants fo r em ploym ent, no tices
to be provide d setting fo rt h the pro visio ns of this no nd iscrim inatio n cl a use .
2. T he co ntractor w ill, in all so licitatio ns or advertise m ents fo r em p loyees placed by or on be ha lf
of the contra ctor, state that all qua lifi e d ap plicants w ill receive co nside ratio ns fo r em p loy m e nt
w it h o u t r e g a r d to r a c e , c o lo r , r e lig io n, sex , sexua l orientatio n, ge nde r identity, or natio na l
o r ig in .
3 . T h e c o n t r a c to r w ill n o t discharge or in any othe r m a nne r discrim inate against any em p loyee
o r a p p lic a n t fo r e m p lo y m e n t b e c a u s e s u c h e m p lo y e e o r a p p lic a n t h a s in q u ir e d a b o u t ,
d is c u s s e d , o r d is cl o s e d th e c o m p e n s a t io n o f th e e m p lo y e e o r a p p licant or anothe r em p loyee
o r a p p lic a n t. T h is p r o v is io n s h a ll n o t a p p ly to in s ta n c e s in w h ic h a n e m p lo y e e w h o h a s a c c e s s
to th e c o m p e n s a t io n in fo r m a t io n o f o th e r e m p lo y e e s o r a p p lic a n t s a s a p a rt o f s u c h
e m p lo y e e 's e s s e n t ia l jo b f u n c tio n s d is cl o s e s th e c o m p e n s a t io n o f s u c h o th e r e m p lo y e e s o r
a p p lic a n t s to in d iv id u a ls w h o d o n o t o t h e rw is e h a v e a c c e s s to s u c h in fo r m a t io n , u n le s s s u c h
d is cl o s u r e is in r e s p o n s e to a fo r m a l c o m p la in t o r c h a r g e , in f u rt h e r a n c e o f a n in v e s t ig a t io n ,
p ro c e e d in g , h e a r in g , o r a c tio n , in cl u d in g a n in v e s tig a t io n c o n d u c te d b y th e e m p lo y e r , o r is
c o n s is t e n t w it h th e c o n t ra c to r 's le g a l d u t y to fu rn is h in fo r m a t io n .
4 . T h e c o n t r a c to r w ill s e n d to e a c h la b o r u n io n o r r e p r e s e n t a t iv e o f w o r k e r s w it h w h ic h h e h a s
a c o ll e c tiv e b a r g a in in g a g r e e m e n t o r o t h e r c o n t r a c t o r u n d e r s t a n d in g , a n o t ic e to b e p r o v id e d
a d v is in g th e s a id la b o r u n io n o r w o r k e r s ' r e p r e s e n t a t iv e s o f th e c o n t r a c to r 's c o m m it m e n t s
u n d e r th is s e c t io n , a n d s h a ll p o s t c o p ie s o f th e n o t ic e in c o n s p ic u o u s p la c e s a v a ila b le to
e m p lo y e e s a n d a p p lic a n t s fo r e m p lo y m e n t.
5 . T h e c o n t r a c to r w ill c o m p ly w it h a ll p r o v is io n s o f E x e c u t iv e O r d e r 1 1 2 4 6 o f S e p te m b e r 2 4 ,
1 9 6 5 , a n d o f th e r u le s , r e g u la t io n s , a n d r e le v a n t o r d e r s o f th e S e c r e t a r y o f L a b o r .
6 . T h e c o n t r a c to r w ill f u rn is h a ll in fo r m a t io n a n d r e p o rt s r e q u ir e d b y E x e c u t iv e O r d e r 1 1 2 4 6 o f
S e p t e m b e r 2 4 , 1 9 6 5 , a n d b y r u le s , r e g u la t io n s , a n d o r d e r s o f th e S e c r e ta ry o f L a b o r , o r
p u r s u a n t th e r e t o , a n d w ill p e r m it a c c e s s to h is b o o k s , r e c o r d s , a n d a c c o u n t s b y th e
a d m in is t e r in g a g e n c y a n d th e S e c r e t a ry o f L a b o r fo r p u r p o s e s o f in v e s t ig a t io n to a s c e rt a in
c o m p lia n c e w it h s u c h r u le s , r e g u la t io n s , a n d o r d e r s .
7 . In th e e v e n t o f th e c o n t r a c to r 's n o n c o m p li a n c e w it h th e n o n d is c r im in a t io n cl a u s e s o f th is
A g r e e m e n t o r w it h a n y o f th e s a id r u le s , r e g u la t io n s , o r o r d e r s , th is A g r e e m e n t m a y b e
c a n c e le d , te r m in a t e d , o r s u s p e n d e d in w h o le o r in p a rt a n d th e c o n t r a c to r m a y b e d e cl a r e d
in e lig ib le fo r fu rt h e r G o v e rn m e n t c o n t r a c ts o r fe d e r a ll y a s s is te d c o n s t r u c tio n c o n t r a c ts in
a c c o r d a n c e w it h p r o c e d u r e s a u t h o r iz e d in E x e c u t iv e O r d e r 1 1 2 4 6 o f S e p t e m b e r 2 4 , 1 9 6 5 ,
a n d s u c h o t h e r s a n c t io n s m a y b e im p o s e d a n d r e m e d ie s in v o k e d a s p ro v id e d in E x e c u t iv e
O r d e r 1 1 2 4 6 o f S e p t e m b e r 2 4 , 1 9 6 5 , o r b y r u le , r e g u la t io n , o r o r d e r o f th e S e c r e ta r y o f L a b o r ,
o r a s o t h e rw is e p r o v id e d b y la w .
8 . T h e c o n t r a c to r w ill in cl u d e th e p o r t io n o f th e s e n t e n c e im m e d ia t e ly p r e c e d in g p a r a g r a p h
1 (a )(ii) o f th is s e c t io n a n d th e p ro v is io n s o f s u b p a ra g r a p h s (1 ) th r o u g h (8 ) in e v e ry s u b c o n t r a c t
o r p u r c h a s e o r d e r u n le s s e x e m p t e d b y r u le s , r e g u la t io n s , o r o r d e r s o f th e S e c r e t a r y o f L a b o r
is s u e d p u r s u a n t to s e c tio n 2 0 4 o f E x e c u t iv e O r d e r 1 1 2 4 6 o f S e p t e m b e r 2 4 , 1 9 6 5 , s o th a t
s u c h p r o v is io n s w ill b e b in d in g u p o n e a c h s u b c o n t r a c to r o r v e n d o r . T h e c o n t r a c to r w ill ta k e
s u c h a c t io n w it h r e s p e c t to a n y s u b c o n t r a c t o r p u r c h a s e o r d e r a s th e a d m in is t e r in g a g e n c y
m a y d ir e c t a s a m e a n s o f e n fo r ci n g s u c h p ro v is io n s , in cl u d in g s a n c tio n s fo r n o n c o m p lia n c e .
P r o v id e d , h o w e v e r , th a t in th e e v e n t a c o n t r a c to r b e c o m e s in v o lv e d in , o r is th r e a t e n e d w it h ,
lit ig a t io n w it h a s u b c o n t r a c to r o r v e n d o r a s a r e s u lt o f s u c h d ir e c tio n b y th e a d m in is t e r in g
a g e n c y , th e c o n t r a c to r m a y r e q u e s t th e U n it e d S t a t e s to e n t e r in t o s u c h lit ig a t io n to p r o t e ct
th e in t e r e s t s o f th e U n it e d S t a t e s .
b . C O P E L A N D A N T I-K IC K B A C K A C T
i. The Recipient 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:
9
"C o ntra ctor. T h e co ntra ctor sh a ll co m p ly w ith 18 U .S .C . § 874, 40 U.S.C. § 3145, and the
requirements of 29 CFR pt. 3 as may be applicable, which are incorporated by reference
into this contract."
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause in
subsection b(i) above and such other clauses as the Secretary may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and
for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12.
c. CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000
and involves the employment of mechanics or laborers, then any such contract must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation.
d. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000,
then any such contract must include the following provision:
"Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA)."
e. SUSPENSION AND DEBARMENT
If the Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract
must include the following provisions:
i. This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such
the contractor is required to verify that neither the contractor, its principals (defined at 2 CFR §
180.995), nor its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940)
or disqualified (defined at 2 CFR § 180.935).
ii. The contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction into which
it enters.
iii. This certification is a material representation of fact relied upon by the Division. If it is later determined
that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government may pursue available
remedies, including, but not limited to, suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2
CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
10
f. BY R D A N T I-LO B B Y IN G A M E N D M E N T
If th e R e c ip ient enters into a contract using funds authorized by this A greem ent, then any such contract m ust
incl ude the fo llow ing cl ause:
"B yrd A nti-Lobbying A m endm ent, 31 US C § 13 52 (as am ended). C ontractors w ho apply or bid fo r an aw ard
o f $10 0,000 or m ore shall fil e the required certification. Each tier certifies to the tier above that it w ill not and
h a s n o t u s e d F e d e r a l a p p ro p r iated funds to pay any person or organization fo r influenci ng or attem pting to
in f lu e n c e a n o ff ic e r o r e m p lo y e e o f a n y a g e n c y , a m e m b e r o f C o n g r e s s , o ff ic e r o r e m p lo y e e o f C o n g r e s s , o r
a n e m p lo y e e o f a m e m b e r o f C o n g r e s s in c o n n e c tio n w ith o b ta in in g a n y F e d e r a l c o n tr a c t , g r a n t , o r a n y o t h e r
a w a r d c o v e r e d b y 3 1 U .S .C . § 1 3 5 2 . E a c h tie r s h a ll a ls o d is cl o s e a n y lo b b y in g w ith n o n -F e d e r a l fu n d s th a t
ta k e s p la c e in c o n n e c tio n w it h o b ta in in g a n y F e d e r a l a w a r d . S u c h d is cl o s u r e s a r e fo rw a r d e d fr o m tie r to tie r
u p to th e R e ci p ie n t."
(1 6 ) A T T A C H M E N T S . T h e p a rt ie s a g r e e to , a n d in c o r p o r a te a s th o u g h s e t f o rt h fu ll y h e r e in , th e fo ll o w in g e x h ib it s a n d
a tt a c h m e n t s :
E x h ib it 1
A tt a c h m e n t A
A tt a c h m e n t B
A tt a c h m e n t C
A tt a c h m e n t D
A tt a c h m e n t E
F u n d in g S o u r c e s
A R P A C o ro n a v ir u s L o c a l F is c a l R e c o v e r y F u n d E lig ib ility C e rt ifi c a tio n
C e rt ifi c a t io n R e g a r d in g L o b b y in g
P r o g r a m S ta tu te s a n d R e g u la t io n s
S ta t e m e n t o f A s s u r a n c e s
A w a r d T e r m s a n d C o n d it io n s
(1 7 ) L E G A L A U T H O R IZ A T IO N . T h e R e c ip ie n t c e rt ifi e s th a t its g o v e rn in g b o d y h a s a u th o r iz e d th e R e ci p ie n t's e xecution
o f th is A g r e e m e n t a n d th a t th e u n d e r s ig n e d p e r s o n h a s th e a u th o r ity to le g a ll y e x e c u te a n d b in d th e R e ci p ie n t to th e
te r m s o f th is A g r e e m e n t.
RECIPIENT
Key Biscayne, Village of
By:
Name and title:
Date:
FEIN : 650291811
DUNS: 786369124
ST ATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: _
Name and Title: Kevin Guthrie, Director
Date: _
11
E x h ib it 1
F u n d in g S o u r c e s
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT, SUBJECT TO SECTION
215.97, FLORIDA STATUTES, CONSIST OF THE FOLLOWING:
State Project -
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance title: Coronavirus State and Local Fiscal Recovery Funds (CSFRF)
Catalog of Federal Domestic Assistance number: 21.027
Amount of State Funding: $6,433,966.00
12
A tt achm ent A
ARPA Coronavirus Local Fiscal Recovery Fund Eligibility Certification
I,
Agent of Key Biscayne, Village of ("Recipient") and I certify that:
1. I have the authority on behalf of the Recipient to request fund payments from the State of Florida ("State") for
federal funds appropriated pursuant to section 603 of the Social Security Act, as added by section 9901 of the
American Rescue Plan Act, Pub. L. No. 117-2, Title VI (March 11, 2021 ).
, am the Authorized
2. I have submitted to the State the Recipient's Total Budget in effect as of January 27, 2020, as defined by the
United States Department of the Treasury, the annual operating budget including general fund and other funds.
3. I understand that the State will rely on this certification as a material representation in making grant payments to
the Recipient.
4. I acknowledge that the Recipient should keep records sufficient to demonstrate that the expenditure of funds it
has received is in accordance with section 603(a) of the Social Security Act.
5. I 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.
6. I acknowledge that the Recipient has an affirmative obligation to identify and report any duplication of benefits. I
understand that the State has an obligation and the authority to de-obligate or offset any duplicated benefits.
7. I acknowledge and agree that the Recipient shall be liable for any costs disallowed pursuant to financial or
compliance audits of funds received.
8.1 acknowledge that if the Recipient has not obligated the funds it has received to cover costs that were incurred
by December 31, 2024, as required by the statute, those funds must be returned to the United States Department of
the Treasury.
9. I acknowledge that the Recipient's proposed uses of the funds provided as grant payments from the State by
federal appropriation under section 603 of the Social Security Act will be used only to cover those costs that:
a. to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or
its negative economic impacts, including assistance to households, small businesses, and nonprofits, or
aid to impacted industries such as tourism, travel, and hospitality;
b. to respond to workers performing essential work during the COVID-19 public health emergency by
providing premium pay to eligible workers of the metropolitan city, non-entitlement unit of local
government, or county that are performing such essential work, or by providing grants to eligible employers
that have eligible workers who perform essential work;
c. for the provision of government services to the extent of the reduction in revenue of such metropolitan
city, non-entitlement unit of local government, or county due to the COVID-19 public health emergency
relative to revenues collected in the most recent full fiscal year of the metropolitan city, non-entitlement unit
of local government, or county prior to the emergency; or
d. to make necessary investments in water, sewer, or broadband infrastructure.
In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction
has incurred eligible expenses during the period that begins on March 3, 2021 and ends on December 31, 2024.
13
B y :
S ig n a tu r e :
T itle :
D a te :
14
A t t a c h m e n t B
C e r t ifi c a t io n R e g a r d in g Lo b b y in g
C e r t ifi c a t io n fo r C o n t r a c t s , G r a n t s , L o a n s , a n d C o o p e r a t iv e A g r e e m e n t s
T h e u n d e r s ig n e d R e c ip ie n t ,
h is o r h e r k n o w le d g e t h a t:
1 . N o F e d e r a l a p p r o p r ia t e d f u n d s h a v e b e e n p a id o r w ill b e pa id , by o r on beh alf of th e un d e rsig n ed , to an y pe rs o n
fo r in f lu e n c in g o r a tt e m p t in g t o in fl u e n c e a n o ff ic e r o r e m p lo y e e o f a n a g e n c y , a M e m b e r o f C o n g res s , an off ic e r or
e m p lo y e e o f C o n g r e s s , o r a n e m p lo y e e o f a M e m b e r o f C o n g r e s s in c o n n e c t io n w it h t h e a w a r d i n g o f a n y F e d e r a l
c o n t r a c t , t h e m a k in g o f a n y F e d e r a l g r a n t , t h e m a k in g o f a n y F e d e r a l lo a n , th e en te rin g in to of an y co o p e rativ e
a g r e e m e n t , a n d t h e e x t e n s io n , c o n t in u a t io n , r e n e w a l, a m e n d m e n t , o r m o d ifi c a t io n o f a n y F e d e r a l c o n t r a c t , g r a n t ,
lo a n , o r c o o p e r a t iv e a g r e e m e n t.
, c e rt ifi e s , t o t h e b e s t o f
2 . If a n y f u n d s o t h e r t h a n F e d e r a l a p p r o p r ia t e d f u n d s h a v e b e e n p a id o r w ill b e p a id t o a n y p e r s o n fo r in fl u e n c in g o r
a tt e m p t in g t o in fl u e n c e a n y o ff ic e r o r e m p lo y e e o f a n y a g e n c y , a M e m b e r o f C o n g r e s s , a n o ff ic e r o r e m p lo y e e o f
C o n g r e s s , o r a n e m p lo y e e o f a M e m b e r o f C o n g r e s s in c o n n e c ti o n w it h t h is F e d e r a l c o n t r a c t , g r a n t , lo a n o r
c o o p e r a t iv e a g r e e m e n t , t h e u n d e r s ig n e d s h a ll c o m p le t e a n d s u b m it S t a n d a r d F o r m - L L L , "D is c lo s u r e F o r m t o
R e p o rt L o b b y in g ," in a c c o r d a n c e w it h it s in s t r u c t io n s .
3 . T h e u n d e r s ig n e d s h a ll r e q u ir e t h at th e la n g u ag e of th is certifi c atio n be in c lu d ed in th e aw ard do c u m e n ts fo r all
su b aw ard s at all tie rs (in c lu d in g su b c o n trac ts, su b g ran ts , an d co n trac ts un d er gran ts, lo an s , an d co o p e rativ e
ag ree m e n ts ) an d th a t all R ec ip ie n ts sh a ll ce rt ify an d dis c lo s e ac c o rd in g ly .
T h is cert ifi c atio n is a m ateria l rep res en tatio n of fact up o n w h ic h relia n c e w as pla c ed w h e n th is tran s ac tio n w as
m a d e o r en te red in to . S u b m is s io n of th is ce rt ifi c atio n is a prereq u is ite fo r m a k in g o r en terin g in to th is tran s ac tio n
im p o s e d by 31 U .S .C . S e c . 13 52 (a s am en d e d by the Lo b b y in g D is c lo s u re A ct of 119 ). A ny pe rso n w ho fails to fil e
th e req u ired ce rt ifi c ati o n sh a ll be su b je ct to a civ il pe n a lty of no t les s tha n $10 ,0 00 an d no t m o re th a n $10 0,0 00 fo r
eac h su c h failu re.
T h e R ec ip ie n t, , ce rt ifi e s o r
aff irm s th e tru thfuln e s s an d ac c u rac y of eac h statem e n t of its ce rt ifi c atio n an d d is c lo s u re, if an y . In ad d itio n ,
R e c ip ie n t un d e rstan d s an d ag rees th a t the pro v is io n s of 31 U .S .C . S e c . 380 1 et seq. apply to his certification and
disclosure, if any.
By:
Signature:
Title:_
Date:_
15
42 U .S .C . 801 Soci al S ecurity A ct
Title 31, P art 35, C ode of Federal
R egulations
S ection 215 .4 22, Florida Statutes
Attachment C
Program Statutes and Regulations
Coronavirus State and Local Fiscal Recovery Funds
Treasury Interim Final Rule
Payments, warrants, and invoices; processing time limits; dispute limitation; agency
or judicial branch compliance
Section 215.971, Florida Statutes Agreements funded with federal and state assistance
Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited
CFO MEMORANDUM NO. 04 (2005-06)Compliance Requirements for Agreements
16
0MB Approved No. 1505-0271
Expiration Date: November 30, 2021
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURA NCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin ( 42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the Recipient's programs,
services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http://ww w.lep.gov.
17
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient's sub-grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VJ of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 USC§ 2000d et seq.), as implemented by the
Department of the Treasury's Title VJ regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Title VJ also includes protection to persons
with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42
U.S. C. § 2000d et seq., as implemented by the Department of the Treasury's Title VJ regulations, 31
CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient sha11 maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
18
agreements between the Recipient and the administrative agency that made the finding. If the
Recipient settles a case or matter alleging such discrimination, the Recipient must provide
documentation of the settlement. If Recipient has not been the subject of any court or
administrative agency finding of discrimination, please so state.
10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is
responsible for ensuring that sub-recipients also comply with Title VI and other
applicable authorities covered in this document State agencies that make sub-awards
must have in place standard grant assurances and review procedures to demonstrate that
that they are effectively monitoring the civil rights compliance of sub- recipients.
The United States of America has the right to seek judicial enforcement of the term s of
this assurances document and nothing in this document alters or limits the federal enforcement
measures that the United States may take in order to address violations of this document or
applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and
understood the Recipient's obligations as herein described, that any information submitted in
conjunction with this assurances document is accurate and complete, and that the Recipient is in
compliance with the aforementioned nondiscrimination requirements.
Key Biscayne, Village of Date
Signature of Authorized Offi cial
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated
burden associated with this collection of information is 30 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., 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 0MB.
19
0MB Approved No. 1505-0271
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY
CORONA VIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address:
Key Biscayne, Village of
Address:
DUNS Number: 786369124
Taxpayer Identification Number: 650291811
Assistance Listing Number: 21.027
Sections 602(b) and 603(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) authorize the Department of the
Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
Recipient: Key Biscayne, Village of
Authorized Representative:
Title:
Date signed:
U.S. Department of the Treasury:
Authorized Representative:
Title:
Date:
PAPERWORK REDUCTION ACTNOTICE
The information collected will be used for the U.S. Government to process requests for support. The
estimated burden associated with this collection of information 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., 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 0MB.
20
U.S. DEPARTMENT OF THE TREASURY
CORONA VIRUS LOCAL FISCAL RECOVERY FUND
AW ARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used
in compliance with section 603(c) of the Social Security Act (the Act), Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has the
institutional, managerial, and financial capability to ensure proper planning, management,
and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March 3,
2021, and ends on December 31, 2024.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance
with section 603(c) of the Act, Treasury's regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records ( electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended or returned to Treasury, whichever is later.
5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest
policy consistent with 2 C.F .R. § 200.318( c) and that such conflict of interest policy is
applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
22
9 . Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F - Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
11. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
m. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
1v. 0MB Guidelines to Agencies on Governm entwide 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.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
v1. Govemmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
v111. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 ( 42
U.S.C.
§§ 4601-4655) and implementing regulations.
1x. Generally applicable federal environm ental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
23
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 financial assistance;
11. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§
3601 et seq.), which prohibits discrimination in housing on the basis of race,
color, religion, national origin, sex, familial status, or disability;
m. 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 federa l financial assistance;
1v . The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury's implementing regu lations at 31 C.F.R. Part 23, which IJrohibit
discrimination on the basis of age in programs or activities receiving federa l
financial assistance; and
v. Title II of the Am ericans with Disabilities Act of 1990, as amended (42 U.S.C.
§ § 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services pro vided or made available by state and
local governments or instru mentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act,
other applicable laws, Treasury's implementing regulations, guidance, or any reporting or
other pro gram requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of fu ture award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding
the use of funds, previous payments shall be subject to recoupment as provided in section
603( e) of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or
local government employees whose principal employment is in conn ection with an
activity financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that making fa lse statements or claims in conn ection
with this award is a violation of federal law and may result in criminal, civil, or administra tive
sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contra cts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the
fo llowing language: "This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN ] awarded to [name of Recipient] by the U.S. Department
of the Treasury."
14. Debts Owed the Federal Government.
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; (2) that are
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determ in ed by th e T rea sm y O ffi c e o f In sp ecto r G en era l to h av e b e en m isu se d ; o r (3 )
th at are d eterm in ed b y T rea sur y to b e su bje ct to a rep ay m en t o b lig atio n p u rsu an t to
sectio n 6 0 3(e) o f th e A ct an d h a v e n o t b een rep a id b y R ecip ien t sh all co n stitu te a d eb t
to th e fe d era l go v ern m en t.
b . A n y deb ts determ in ed to b e o w ed th e fe d era l g o v ern m en t m u st b e p a id p ro m p tl y b y
R ecip ien t. A deb t is d eli n q u en t if it h as n o t b een p a id b y th e d ate sp ecifi ed in
T reasu ry 's in itia l w ritt en d em an d fo r p a y m en t, u n less o th er sa tisfa cto ry arr an g em en ts
h av e b een m ad e o r if th e R ecip ien t kn o w in g ly o r im p ro p erly retain s fu n d s th at are a
deb t as defi n ed in p ara g ra p h 14 (a). T rea su ry w ill tak e an y actio n s av a ilab le to it to
co ll ect su ch a d eb t.
15 . D iscl aim er.
a. T h e U n ited States ex p ressly d iscl aim s an y an d all resp o n sib ility o r liab ili ty to R ecip ie n t
o r th ird perso n s fo r th e actio n s o f R ecip ien t o r th ird p erso n s resu ltin g in d eath , b o d ily
inju ry , pro p erty d am ag es, o r an y o th er lo sses resu ltin g in an y w ay fr o m th e
perform an ce o f th is aw ard o r an y o th er lo sses resu ltin g in an y w ay fr o m th e
p erfo rm an ce of th is aw ard o r an y co n tra ct, o r su b co n tr act u n d er th is aw ard .
b . T h e accep tan ce o f th is aw ard b y R ecip ien t d o es n o t in an y w ay estab li sh an ag en cy
relatio n sh ip betw een th e U n ited States an d R ecip ien t.
16 . P ro tectio n s fo r W h istleb lo w ers.
a. In acco rdan ce w ith 4 1 U .S .C. § 4 7 12 , R ecip ien t m ay n o t d isch arg e, d em o te, o r o th erw ise
discrim in ate ag ain st an em p lo y ee in rep risal fo r d iscl o sin g to an y o f th e list o f p erso n s or
en tities pro v id ed b elo w , in fo rm atio n th at th e em p lo y ee reaso n ab ly b eli ev e s is ev id en ce o f
gro ss m ism an ag em en t o f a fe d era l co n tra ct o r g ra n t, a g ro ss w aste o f fe d era l fu n d s, an
abu se of au th o rity relatin g to a fed era l co n tra ct o r g ra n t, a su b stan tial an d sp ec ifi c d an g er
to p u b lic h ealth o r safety , o r a v io latio n o f law , ru le , o r reg u la tio n related to a fe d era l
co n tra ct (in cl u d in g th e co m p etitio n fo r or n eg o tiatio n o f a co n tra ct) o r g ra n t.
b. T h e list of perso n s an d en tities refe ren ced in th e p a ra g ra p h ab o v e in c lu d es th e fo ll o w in g :
1. A member of Congress or a representative of a committee of Congress;
11. An Inspector General;
111. The Government Accountability Office;
1v. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
v11. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inf mm its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
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19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-
the- job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
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