HomeMy Public PortalAbout20-9796 Interlocal Agreement with Miami-Dade County for the transfer of funds for CARES ActSponsored by: City Manager
RESOLUTION NO. 20-9796
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF OPA-LOCKA, FLORIDA AND MIAMI-DADE COUNTY
IN ORDER TO AUTHORIZE THE TRANSFER OF FUNDS
RECEIVED BY MIAMI-DADE COUNTY THROUGH THE CARES
ACT TO THE CITY OF OPA-LOCKA, FLORIDA AS
REIMBURSEMENT FOR EXPENDITURES INCURRED IN
RESPONSE TO THE HEALTH EMERGENCY CAUSED BY COVID-
19, PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Miami -Dade County ("County") has received S474 million dollars
through the Federal Coronavirus Aide, Relief and Economic Security (CARES) Act;
and
WHEREAS, the CARES Act permits the County to distribute CARES Act funds
to the cities within the County; and
WHEREAS, the Miami -Dade Board of County Commissioners has indicated its
intent to distribute a portion of these funds to the cities within the County to
mitigate the financial impact to these cities in responding to the health emergency
caused by COVID-19; and
WHEREAS, the City received a letter from the Office of the Mayor of Miami -
Dade County dated July 28, 2020 stating that the Miami -Dade Board of County
Commissioners ("Board") is supportive of a process by which the administration can
collaborate with the County municipalities to determine expenses incurred and
anticipated due to the Coronavirus and establish a process to gather the information
and determine eligibility for reimbursement of funds; and
WHEREAS, The County further stated that the it is willing to support the 34
municipalities across the County by covering the local match for eligible Federal
Emergency Management Agency ("FEMA") expenses incurred or that will be
incurred through the FEMA deadline of October 23, 2020, as well as other pandemic
response related expenditures that are eligible for reimbursement from the CARES
Act; and
Resolution No. 20-9796
WHEREAS, an Interlocal Agreement between the City of Opa-locka, Florida and
Miami -Dade County is required in order to authorize the County to reimburse the
City for expenditures incurred in responding to the health emergency; and
WHEREAS, the City Commission finds it to be in the best interests of the City
and its residents to enter into the Interlocal Agreement with Miami -Dade County
(attached hereto as Exhibit "A") to help secure CARES ACT reimbursement funds to
the City.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA:
Section 1. Adoptions of Representations. The foregoing "Whereas" clauses
are hereby ratified and confirmed as being true, and the same are hereby made a
specific part of this Resolution.
Section 2. Authorizing Execution of Interlocal Agreement. The City
Commission of the City of Opa-Locka, Florida hereby authorizes the City Manager
to execute the Interlocal Agreement between the City of Opa-locka and Miami -Dade
County, attached as Exhibit "A", in order to authorize the transfer of funds received
by Miami -Dade County through the CARES Act to the City Of Opa-Locka, Florida.
Section 3. Effective Date. This Resolution shall take effect immediately upon
adoption, and is subject to the approval of the Governor of the State of Florida or his
designee.
PASSED AND ADOPTED this 20th day of August, 2020.
A, 1 EST:
Joa 1 a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIEN
i , r ,c-
Burnadette Norris- eeks, P.A.
City Attorney
2
Matthew A. Pigatt, Mayor
Resolution No. 20-9796
Moved by: VICE MAYOR DAVIS
Seconded by: COMMISSIONER KELLEY
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
3
City of Opa-Iocka
Agenda Cover Memo
Department
Director:
Bob Anathan
Department
Director Signature:
�l
1�
City
Manager:
John E. Pate
CM Signature:
r/Dt2/
Commission
Meeting
Date:
August 20,
2020
Item Type:
(EnterXin box)
Resolution
Ordinance
Other
X
Fiscal
Impact:
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N/A
Yes
No
Ordinance Reading:
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1st Reading
2nd Reading
X
Public Hearing:
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No
Yes
No
X
X
Funding
Source:
Accounttt :
NA
(Enter Fund &
Dept)
Ex:
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
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No
RFP/RFQ/Bid#:
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Strategic
Plan Related
(Enter Xin box)
Yes
No
Strategic Plan Priority Area:
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Qual. of Life & City Image D
Communication El
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
CARES Act Interlocal Agreement - County Funding To City
Staff Summary:
Miami -Dade County has received funding under the CARES Act. Under the Act, the County is authorized to share a
portion of these funds with the cities, which the Miami -Dade Board of County Commissioners (MDBOCC) has
indicated its intention to do so. The County has announced a program to reimburse the City for COVID-19 expenses
which won't be otherwise reimbursable. This includes the non -reimbursable 25% of expenses eligible for FEMA
reimbursement as well as other pandemic -related expenses which aren't eligible for FEMA, or other,
reimbursement This includes regular wages and benefits (not overtime, which is eligible for FEMA reimbursement)
for personnel substantially dedicated to mitigating or responding to the public health emergency. This also includes
the first responder 1% Bonus Program addressed in an accompanying agenda item. To allow the County to provide
this reimbursement, an Interlocal Agreement between the County and the City is required to document respective
roles and responsibilities and obtain mutual agreement.
Financial Impact
Eligible costs under the proposed County reimbursement program require further definition and clarification.
However, a preliminary estimate (costs incurred so far and future costs through December 311 of $1.5 million
was submitted to the County on August 3'd. It should be noted that FEMA eligible expense was to be reported at
full cost without adjustment for FEMA reimbursement. Adjusting for the FEMA reimbursement, the City's net
expense is approximately $1.3 million. Of this adjusted total, $1.0 million relates to Police regular wages and
benefits.
It should also be noted that expense such as regular wages and benefits is not in addition to the adopted budget
and doesn't constitute additional expense to the City. These amounts will be subject to change as future costs
become better known and County eligibility requirements are further refined.
Proposed Action:
Staff recommends the City Commission approve the County lnterlocal Agreement in regard to distribution of
CARES Act funding and authorize the appropriate City official to sign the agreement.
Attachment:
1. County— City Interlocal Agreement in regard to distribution of CARES Act funding
2. Letter of July 28, 2020 from the Miami -Dade Deputy Mayor, Jennifer Moon, discussing the County
program to reimburse cities for pandemic expense not otherwise reimbursable
INTERLOCAL AGREEMENT
FOR FEDERALLY -FUNDED SUBAWARD
This Interlocal Agreement (the "Agreement") entered into this _ day of 2020, by and
between Miami -Dade County, a political subdivision of the State of Florida (the "County"), and
, a municipal corporation located within the geographic boundaries of
Miami -Dade County, Florida (the "Municipality", and together with the County, the "Parties").
For purposes of this Agreement, the County serves as the Pass -through entity for a Federal Award, and the
Municipality serves as the Sub -Recipient of a Subaward.
WHEREAS, in March 2020, the United States Congress passed, and President Donald Trump signed
into law, H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"); and
things:
WHEREAS, the CARES Act is a $2 trillion Federal stimulus package which provided, among other
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one-time checks of $1,200 to Americans earning a certain income;
$349 billion in loans to small businesses;
$17 billion of assistance to companies deemed crucial to national security;
grants of $25 billion for passenger air carriers, $4 billion for air -cargo carriers, and $3 billion
for certain contractors; and
a $150 billion Coronavirus Relief Fund ("CRF") for local governments; and
WHEREAS, the CARES Act requires that payments to local govemments from the CRF only be used
to cover expenses that:
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are necessary expenditures incurred due to the public health emergency with respect to
Coronavirus Disease 2019 ("COVID-19");
were not included in the budget most recently approved as of March 27, 2020 for the State
or local government; and
were incurred during the period that begins on March 1, 2020, and ends on December 30,
2020; and
WHEREAS, the State of Florida was allocated $8.328 billion from the CRF, of which the County
received $474 million; and
WHEREAS, the United States Department of the Treasury (the "Treasury") has released guidance
for State, territorial, local and Tribal governments pertaining to the CRF ("CRF Guidance"), which was most
recently updated on June 30, 2020, and a copy of which is attached to this Agreement as Exhibit 1 and
incorporated herein; and
Page 1 of 17
WHEREAS, the Treasury has also released Frequently Asked Questions pertaining to the CRF ("CRF
FAQ"), which was most recently updated on July 8, 2020, and a copy of which is attached to this Agreement
as Exhibit 2 and incorporated herein; and
WHEREAS, the CRF FAQ provides that CRF payments made by the Treasury to State, territorial,
local, and Tribal governments are considered "other financial assistance" under 2 Code of Federal Regulations
(C.F.R.) § 200.40; and
WHEREAS, the CRF FAQ further provides that a county receiving CRF payments may, but is not
required to, transfer CRF funds to smaller cities within the county's borders, provided that the transferred
funds are used by the cities for eligible expenditures under Section 601(a) of the Social Security Act as
implemented in the CRF Guidance; and
WHEREAS, 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal
Agreement, including an Agreement that the County considers a contract"; and
WHEREAS, at the August 4, 2020 Special Meeting of the Miami -Dade Board of County
Commissioners (the "Board"), the Board allocated a total of not -to -exceed $100,000,000 in CARES Act funds
to the municipalities in the County as follows: $75,000,000 for reimbursement of FEMA local match eligible
expenditures as well as CARES Act eligible governmental operations expenditures that are not FEMA
reimbursable, and $25,000,000 for municipal programmatic proposals subject to approval in advance by the
Board; and
WHEREAS, the primary purpose of this Agreement is to ensure the effective and timely dissemination
of CRF dollars to reimburse the Municipality for such eligible expenditures, as permitted by Section 601(a) of
the Social Security Act as implemented in the CRF Guidance and FAQ, and as authorized by the Board; and
WHEREAS, this Agreement is not a legal requirement of the Treasury, but rather is a voluntary
Agreement to provide funding to the Municipality if all conditions are met to enable the County to remain in
compliance with the Treasury's Office of Inspector General's memoranda and subsequent addenda regarding
CRF Monitoring, Reporting and Record Retention Requirements (the "Treasury OIG Memoranda"), copies of
which are attached to this Agreement as Exhibit 3 and 3-1, and incorporated herein,
NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the
Parties agree as follows:
Page 2 of 17
DEFINITIONS
A. "Contractor" shall mean any entity, public or private, providing services as described
in this Agreement.
B. "Designation of Authority" shall have the meaning set forth in Articles V and VII of this
Agreement.
C. "Events of Default" shall have the meaning set forth in Article XVI I I of this Agreement.
D. "Federal Award" shall mean Federal financial assistance that a non -Federal entity
receives directly from a Federal Awarding Agency or indirectly from a Pass -through
entity per 2 C.F.R. §200.38.
E. "FEMA" shall mean the Federal Emergency Management Agency.
F. "Funds" shall mean any CARES Act CRF funds advanced or transferred to the
Municipality for reimbursement of eligible expenditures in accordance with the terms
and conditions set forth in this Agreement.
G. "Pass -through entity" shall mean a non -Federal entity that provides a subaward to a
Sub -Recipient to carry out part of a Federal program per 2 C.F.R. §200.74.
H. "Representative" shall refer to the individual set forth in Article V of this Agreement
authorized by the Municipality to act on behalf of the Municipality.
"Request for Reimbursement" shall have the meaning set forth in Article VII of this
Agreement.
J. "Subaward" shall mean an award provided by a Pass -through entity to a Sub -
Recipient for the Sub -Recipient to carry out part of a Federal Award received by the
Pass -through entity per 2 C.F.R. §200.93.
K. "Sub -Recipient" shall mean a non -Federal entity, such as a municipality, that
receives a subaward from a Pass -through entity to carry out part of a Federal
program per 2 C.F.R. §200.93.
SUBAWARD INFORMATION
The following Agreement information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub -Recipient's name:
Sub -Recipient's unique entity identifier:
Federal Award Date:
Name of Federal Awarding Agency:
Name of Pass -through entity:
Catalog of Federal Domestic Assistance (CFDA) Number and Name:
March 13, 2020
U.S. Treasury Department
Miami -Dade County
21.019 Coronavirus Relief Fund
Page 3 of 17
ARTICLE I
REPRESENTATIONS
A. The Municipality represents that it is fully qualified and eligible to receive the Funds.
B. The Municipality certifies that it has the legal authority to receive the Funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The Municipality
also certifies that the undersigned person has the authority to legally execute and bind the Municipality to
the terms of this Agreement.
C. The Municipality, by its decision to receive the Funds, bears the ultimate responsibility for
ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the
ultimate consequences of any adverse decisions rendered by the County, the Federal Awarding Agency,
or any other Federal agencies with audit, regulatory, or enforcement authority.
D. The County received the Funds from the Federal government, and the County has the authority
to transfer such Funds to the Municipality under the terms and conditions outlined herein.
E. The County, as the Pass -through entity for the Funds, reserves the right to demand that the
Municipality comply with all applicable County, State and Federal laws, regulations and policies and take any
and all other actions necessary to ensure that the Funds are used in accordance with Section 601(a) of the Social
Security Act as implemented in the CRF Guidance.
ARTICLE II
RESPONSIBILITIES
A. The Parties to this Agreement shall work together in a cooperative and coordinated effort, and
in such a manner and fashion to ensure the Funds are utilized most effectively and efficiently to respond to and
recover from COVID-19.
B. Both the County and the Municipality are expected to remain in compliance with the CRF
Guidance, the CRF FAQ, and the Treasury OIG Memoranda as outlined in Exhibits 1, 2, 3 and 3-1 and as
may be amended by the Treasury from time to time. The County's reimbursement of an expenditure will be
based on the information available at that time. If further clarification from the Treasury later determines such
expenditure to be ineligible, the Municipality shall retum any Funds received for such expenditure to the
County in accordance with the provisions of Article X of this Agreement.
ARTICLE III
TERMS OF AGREEMENT
A . This Agreement shall become effective upon its execution by both Parties and shall end upon
formal notification by the Treasury or its designee that the use of all Funds has been accounted for and
accepted, unless terminated earlier as specified elsewhere in this Agreement.
Page 4 of 17
B. The County may terminate this Agreement for cause after seven (7) days written notice. Cause
may include, but is not limited to: Funds not being expended in a reasonably timely manner, misuse of Funds,
fraud or misrepresentation, lack of compliance with applicable rules, laws and regulations, and refusal by the
Municipality to permit public access to any document, paper, letter, or other material subject to disclosure under
Chapter 119, Florida Statutes, as amended. Upon such termination, the Municipality shall, within thirty (30)
days, return all unexpended Funds to the County.
C. The Parties may jointly agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement.
D. In the event that this Agreement is terminated, and upon the Municipality's receipt of the notice
of termination, the Municipality will not incur new expenditures with the expectation of such expenditures being
reimbursed with Funds by the County.
ARTICLE IV
LAWS, RULES, REGULATIONS AND POLICIES
Performance under this Agreement is subject to Section 601(a) of the Social Security Act, as added by section
5001 of the CARES Act. Fund payments are subject to the following requirements in the Uniform Guidance (2
C.F.R. Part 200): 2 CFR §200.303 regarding Internal Controls, 2 CFR §§200.330 through 200.332 regarding
Sub -Recipient Monitoring and Management, and Subpart F regarding Audit Requirements. Pursuant to the
CRF Guidance (Exhibit 1), the CARES Act provides that payments from the Fund may only be used to cover
costs that:
A. are necessary expenditures incurred due to the public health emergency with respect to
COVID-19;
B. were not accounted for in the budget most recently approved as of March 27, 2020 (the date
of enactment of the CARES Act) for the State or local government; and
2020.
C. were incurred during the period that begins on March 1, 2020, and ends on December 30,
ARTICLE V
CONTACTS
The County's Contract Manager shall be responsible for enforcing performance of this Agreement's terms and
conditions and shall serve as the County's liaison with the Municipality. As part of his/her duties, the Contract
Manager for the County shall monitor, review, and document all activities and expenditures for which the
Municipality requests reimbursement.
Page 5 of 17
A. The County's Contract Manager for this Agreement is:
Name: Barbara Gomez, CPA
Title: Deputy Finance Director, Miami -Dade County Finance Department
Address: 111 N.W. 1st Street, 25th Floor
Miami, FL 33128-1900
Telephone: (305) 375-5245
Email: Barbara.GomezCa�miamidade.gov
B. The name and address of the Representative of the Municipality ("Representative")
responsible for the administration of this Agreement is:
Name: John E. Pate
Title: City Manager, City of Opa-locka
Address: 780 Fisherman Street, 4th Floor
Opa-locka, FL 33054
Telephone: (305) 688-4611
Email: ipate(a�opalockafl.gov
C. In the event that different representatives or addresses are designated by either Party after
execution of this Agreement, notice of the name, title, and address of the new representative will be provided to
the other Party in writing via letter or electronic mail. It is the Municipality's responsibility to authorize its users in
the County's On -Line Portal (to be provided). Only the Authorized or Primary Agents identified in Attachment A to
this Agreement ("Designation of Authority") may authorize the addition or removal of agency users.
ARTICLE VI
ELIGIBLE EXPENDITURES
A. The Municipality may seek reimbursement under this Agreement for the following eligible
expenditures incurred during the period beginning March 1, 2020 and ending December 30, 2020:
1. FEMA Public Assistance (PA) local match eligible expenditures;
2. CRF eligible governmental operations expenditures that are not FEMA reimbursable;
and
3. Expenditures for CRF eligible economic support and assistance programs that have
been approved in advance by the Miami -Dade Board of County Commissioners.
B. Whenever eligible, the Municipality will seek FEMA reimbursement rather than CRF
reimbursement since the CRF can be used more readily to support the public's economic needs due to the
impacts of COVID-19.
Page 6 of 17
C. Subject to the availability of Funds, the County will reimburse the Municipality for the FEMA
PA local match (currently 12.5 percent) upon receipt of documentation of the Municipality's application to
FEMA for reimbursement; provided, however, that if any expenditures by the Municipality are denied
reimbursement by FEMA, the Municipality shall return to the County any Funds received for the FEMA PA
local match for such expenditures in accordance with the provisions of Article X of this Agreement.
D. CRF eligible governmental operations expenditures that are not FEMA reimbursable include
the following:
1. Personnel Costs - Payroll expenses for employees whose service are substantially
dedicated to mitigating or responding to the COVID-19 public health emergency
such as:
a. Park Attendant performing duties to enforce compliance
with public health orders
b. Unbudgeted overtime to perform functions to mitigate or respond to
COVID-19 health emergency
2. Medical Expenses — Examples:
a. COVID-19 testing
b. COVID-19 tracing
c. Medical responses, including emergency transportation
3. Public Health - Examples:
a. Communication and enforcement of local health orders
b. Acquisition and distribution of medical and protective supplies, such as
sanitizing products, personal protection equipment for County employees and
workers in connection with COVID-19 public health emergency
c. Disinfection of public areas and other facilities
d. Public Safety measures undertaken in response to COVID-19
- Quarantine Individuals
4. Actions to Facilitate Compliance Expenses - Examples:
a. Food deliveries to residents including senior citizens and other vulnerable
populations, to enable compliance with public health precautions
b. Improvements to telework capabilities for public employees to enable
compliance with public health precautions
c. Provide paid sick, family, and medical leave to public employees to enable
compliance with public health precautions
5. Miscellaneous Expenditures - Any other COVID-19 related expenses reasonably
necessary to the function of government that satisfy the Fund's eligibility criteria
and that are not FEMA reimbursable.
Page 7 of 17
E. Requests for Reimbursement by the Municipality for (1) CRF eligible governmental operations
expenditures that are not FEMA reimbursable, and (2) expenditures for CRF eligible economic support and
assistance programs that have been approved in advance by the Miami -Dade Board of County
Commissioners, shall be governed by the requirements and procedures set forth in Article VI(F) and (G)
below.
F. Prior to the disbursement of any Funds, the Municipality shall provide all documentation of
expenditures for which reimbursement is requested to the County via the County's On-line Portal. The County
will then review said documentation for sufficiency and costs for eligibility, and if the County determines that
the expenditures are eligible for reimbursement, will reimburse the Municipality for such eligible expenditures
in an expedited manner, subject to the availability of Funds. If the County requires additional documentation
to determine eligibility, the Municipality shall timely provide such documentation upon written request from the
County. If the County determines that the expenditures are not eligible for reimbursement, then no Funds will
be disbursed to the Municipality for said expenditures.
G. If any expenditure for which the Municipality received Funds for reimbursement is
subsequently determined not to be an eligible expenditure under section 601(a) of the Social Security Act as
implemented in the CRF Guidance and CRF FAQ, the Municipality shall return any Funds received from the
County for such expenditure to the County in accordance with the provisions of Article X of this Agreement.
ARTICLE VII
REQUESTS FOR REIMBURSEMENT
The County, subject to availability of Funds, will provide Funds on a cost reimbursement basis to the
Municipality for eligible expenditures approved by the County.
A. Any request for reimbursement by Municipality under this Agreement (a "Request for
Reimbursement') must include a certification, signed by an official who is authorized to legally bind the
Municipality, 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 this Agreement".
B. The Municipality must complete Attachment A by designating at least three agents to execute
any Requests for Reimbursement, certifications, changes to contacts, or other necessary documentation on
behalf of the Municipality. Attachment A must be completed electronically and submitted via email to the County
Contract Manager (see Article V).
C. The County will review all Requests for Reimbursement and only release Funds for eligible,
documented expenditures.
D. The County reserves the right to require on an ongoing basis, including after the disbursement
of Funds, any additional certifications and documentation it deems necessary to continue to verify the eligibility
of expenditures for which the Municipality received Funds for reimbursement.
Page 8 of 17
ARTICLE VIII
PROCUREMENT
A. The Municipality shall ensure that any procurement involving Funds authorized by the
Agreement complies with all applicable Federal and State laws and regulations. For this event, the County and
funding Federal Agency recognize that noncompetitive procurements may be necessary to save lives, to
protect property and public health and to ensure public safety, as well as to lessen or avert the threat of a
catastrophe. The President's unprecedented Nationwide Emergency Declaration and the Secretary of Health
and Human Services' (HHS) declaration of a Public Health Emergency for COVID-19 establish that exigent
and emergency circumstances currently exist. For the duration of the Public Health Emergency, which began
January 27, 2020 as determined by HHS, local govemments, tribal governments, nonprofits, and other non -
state entities may proceed with new and existing noncompetitively procured contracts in order to protect
property and public health and safety, or to lessen or avert the threats created by emergency situations for
(1) emergency protective measures and (2) to respond to or address COVID-19.
B. If the Municipality contracts with any contractor or vendor for performance of any portion of
the work required under this Agreement, the Municipality must incorporate into its contract with such contractor
or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors,
the County, its employees and/or their contractors, and the Municipality and its employees and/or their
contractors harmless from liability to third parties for claims asserted under such contract.
ARTICLE IX
PAYMENTS
A. Requests for Reimbursement serve as invoices and shall include the supporting
documentation for all costs of the project, services or expenditures in detail sufficient for a proper pre -audit and
post -audit thereof. The final Request for Reimbursement shall be submitted within thirty (30) days after the
expiration of this Agreement.
B. If Funds are not available to satisfy a Request for Reimbursement under this Agreement, as a
result of action by the United States Congress, the Federal Office of Management and Budget, the Miami -Dade
Board of County Commissioners, the County Chief Financial Officer, or under Article X (B) of this Agreement,
all obligations on the part of the County to make any further payment of Funds shall terminate, and the
Municipality shall submit its final report within thirty (30) days of receiving notice from the County.
C. If the Municipality separately invests amounts received under this Agreement, the interest
earnings or other proceeds must be used to cover expenditures incurred in accordance with Section 601(d) of
the Social Security Act and the CRF Guidance (Exhibit 1). If the Municipality deposits Fund payments in its
General Accounts, it may use the CRF dollars 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.
Page 9 of 17
ARTICLE X
REPAYMENT OF FUNDS
A. All returns or repayments of Funds due to the County under this Agreement are due no later
than thirty (30) days from the date of written notification by the County that such Funds are due, and shall be
made payable to the order of "Miami -Dade County" and be mailed directly to the Contract Manager (as
stipulated in Article V.
B. The Municipality agrees that the County may withhold Funds otherwise payable to the
Municipality upon a determination by the County or the Federal Awarding Agency that Funds exceeding eligible
expenditures have been disbursed to the Municipality pursuant to this Agreement.
C. The Municipality understands and agrees that the County may withhold or offset Funds
otherwise payable to the Municipality until the return or repayment of any Funds due to the County under this
Agreement is satisfied.
ARTICLE XI
RECORDS
A. The Federal Awarding Agency, Inspectors General, the Comptroller General of the United
States, and the County, or any of the County authorized representatives, (e.g. the Inspector General of the
County, the Commission Auditor, Audit and Management Services Department), shall enjoy the right of access
to any documents, financial statements, papers, or other records of the Municipality which are pertinent to this
Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes
timely and reasonable access to the Municipality's personnel for the purpose of interview and discussion related
to such documents.
B. As required by the County's record retention requirements (Chapter 119, Florida Statutes) and
by the Treasury OIG Memoranda (Exhibits 3 and 3-1), the Municipality shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants
paid from Funds under this Agreement, for a period of five (5) years from the date of submission of the final
expenditure report.
C. The Municipality shall retain financial records, supporting documents, statistical records, and
all other records including electronic storage media pertinent to its use of Funds for a period of five (5) years
after the last disbursement of Funds by the County. If any litigation or audit is initiated, or claim made, before
the expiration of the five-year period, the records shall be retained until the litigation, audit, or claim has been
resolved.
D. As required by 2 C.F.R. §200.303, the Municipality shall take reasonable measures to
safeguard protected personal identifiable information and other information the Federal Awarding Agency or
the County designates as sensitive or the Municipality considers sensitive consistent with applicable Federal,
State, Local, and Tribal laws regarding privacy and obligations of confidentiality.
Page 10 of 17
E. The Municipality shall maintain all records for the Municipality and for all subcontractors or
consultants to be paid from Funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of this Agreement.
ARTICLE XII
REPORTS
The Municipality shall provide the County with quarterly reports and any other information that may be required
in Exhibits 3 and 3-1 and any subsequent Addenda thereto.
ARTICLE XIII
MONITORING
A. The County shall have the right to monitor the performance of the Municipality under this
Agreement, as well as that of its subcontractors and/or consultants who are paid from Funds provided under
this Agreement.
B. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on -
site visits by County staff, desk reviews and/or other procedures. The Municipality agrees to cooperate with
any monitoring procedures/processes deemed appropriate by the County.
ARTICLE XIV
AUDITS
A. The Municipality shall comply with the audit requirements contained in 2 C.F.R. Part 200,
Subpart F.
B. In accounting for the receipt and expenditure of Funds under this Agreement, the Municipality
shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has
the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB)
and the Financial Accounting Standards Board (FASB)."
C. As per this Agreement, audits conducted under 2 C.F.R. Part 200, Subpart F shall be
performed in accordance with Generally Accepted Government Auditing Standards ("GAGAS") as issued by
the Comptroller General of the United States.
1 . If an audit shows that any Funds disbursed to the Municipality were not used by
the Municipality in accordance with the terms and conditions of this Agreement,
the Municipality shall return said Funds to the County in accordance with the
provisions of Article X of this Agreement.
Page 11 of 17
2. The Municipality shall 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 shall
state that the audit complied with the applicable provisions noted above. The audit
must be received by the County no later than nine (9) months from the end of the
Municipality's fiscal year.
3. The Municipality shall send copies of the audit and any Management Letters
issued by the auditor to the County's Contract Manager.
ARTICLE XV
MANDATED CONDITIONS
A. Execution of this Agreement constitutes a certification that the Municipality will comply with
all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.). Pursuant
to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Municipality must undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement.
B. The Municipality agrees to comply with the Americans with Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis
of disability in employment, public accommodations, transportation, State and Local government services, and
telecommunications.
C. The Municipality shall require that the following certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) —that all such sub -recipients shall certify and disclose to the best of their
knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
2. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
Page 12 of 17
4. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default.
If the Municipality is unable to obtain and provide such certification, then the Municipality shall attach an
explanation to this Agreement as to why not.
ARTICLE XVI
LOBBYING PROHIBITION
The Municipality certifies, by its Representative's signature to this Agreement, that to the best of his or her
knowledge and belief:
A. No Funds received by Municipality under this Agreement have been paid or will be paid, by or
on behalf of the Municipality, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
B. If any monies, other than Funds received by Municipality under this Agreement, have been
paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Municipality shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
C. The Municipality shall require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all such sub -recipients shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
ARTICLE XVII
LIABILITY AND INDEMNIFICATION
The Municipality is solely responsible to the parties it deals with in carrying out the terms of this Agreement. To
the extent and within the limitations of section 768.28, Florida Statutes, as amended, the Municipality shall be
responsible for and agrees to indemnify and hold harmless and defend the County and its boards,
commissions, agencies, officers and employees from and against all third party claims, demands and causes
of actions, of any nature whatsoever, directly resulting from the willful misconduct or negligent acts or
omissions of the Municipality, its officers, agents, employees, or subcontractors in its performance under this
Page 13 of 17
Agreement. To the extent and within the limitations of section 768.28, Florida Statutes, as amended, the
Municipality shall pay all claims and losses in connection therewith and, at the election of the County, shall
investigate and defend, or pay for the defense of, all claims, suits or actions of any kind or nature in the name
of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorneys fees which may issue thereon. The Municipality expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by the Municipality shall in no way limit
the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees,
agents and instrumentalities as herein provided. For purposes of this Agreement, Municipality agrees that it
is not an agent of the County. Nothing herein shall be construed as consent by the County to be sued by third
parties in any matter arising out of any contract.
ARTICLE XVIII
EVENTS OF DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the County to make
further payment of Funds shall terminate and the County has the option to exercise any of its remedies as
set forth in Article XIX:
A. Any warranty or representation made by the Municipality in this Agreement is or becomes false
or misleading in any respect.
B. The Municipality fails or is unable or unwilling to perform and complete on time any of its
obligations under this Agreement.
ARTICLE XIX
REMEDIES
If an Event of Default occurs, then the County shall timely provide written notice of the Event of Default to the
Municipality. If the Municipality fails to cure the Event of Default within seven (7) days after receipt of such
notice from the County, the County may exercise any one or more of the following remedies, either concurrently
or consecutively:
A. Terminate this Agreement, provided that the Municipality is given at least seven (7) days prior
written notice of the termination.
B. Withhold or suspend payment of all or any part of a Request for Reimbursement.
C. Require that the Municipality return to the County any Funds used for ineligible purposes.
D. Exercise any other rights or remedies which may be available under law.
No delay or omission to exercise any right, power, or remedy accruing to the County upon breach or violation
by the Municipality under this Agreement, shall impair any such right, power or remedy of the County; nor
shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or
default.
Page 14 of 17
ARTICLE XX
EXHIBITS AND ATTACHMENT
A. All Exhibits and the Attachment to this Agreement are incorporated as if set out fully.
B. In the event of any inconsistencies or conflict between the language of this Agreement and the
Exhibits and Attachment, the language of the Exhibits and Attachment shall control, but only to the extent of
the conflict or inconsistency.
C. This Agreement has the following Exhibits and Attachment:
1. Exhibit 1 — Coronavirus Relief Fund Guidance for State, Territorial, Local, and
Tribal Govemments - Updated June 30, 2020
2. Exhibit 2 — Coronavirus Relief Fund Frequently Asked Questions —
Updated July 8, 2020
3. Exhibit 3 — Department of the Treasury Memorandum for Coronavirus Relief
Fund Reporting and Record Retention Requirements — July 2, 2020
a. Addendum 3-1— Department of the Treasury Memorandum for Coronavirus
Relief Fund Reporting Requirements Update — July 31, 2020
4. Attachment A — Designation of Authority
ARTICLE XXI
NON -ASSIGNMENT OF AGREEMENT
Neither the County nor the Municipality may assign, sublicense or otherwise transfer its rights, duties or
obligations under this Agreement without the prior written consent of the other party, which consent shall not
unreasonably be withheld.
ARTICLE XXII
LIMITATION ON RIGHTS OF OTHERS
The terms of this Agreement shall be binding upon, inure to the benefit of and be enforceable solely by the
parties and their permitted successors and assigns, and nothing in this Agreement or by virtue of the
transactions contemplated hereby, whether express or implied, shall be construed to constitute, create or confer
rights, remedies or claims in or upon any person (as third -party beneficiary or otherwise) not a party hereto, or
to create obligations or responsibilities of the parties to such persons, or to permit any person other than the
parties and their respective successors and assigns to rely upon or enforce the covenants, conditions and
agreements contained herein.
ARTICLE XXIII
BINDINGS ON SUCCESSORS
This Agreement shall bind the successors, assigns and legal representatives of the parties hereto, and of any
legal entity that succeeds to the obligations of the parties hereto.
Page 15 of 17
ARTICLE XXIV
SEVERABILITY
If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in
full force and effect, and such term or provision shall be deemed stricken.
ARTICLE XXV
GOVERNING LAW
This Agreement shall be construed, performed, and enforced in all respects in accordance with the laws and
rules of the State of Florida. Venue or location for any legal action arising under this Agreement will be in Miami -
Dade County, Florida.
ARTICLE XXVI
ENTIRE AGREEMENT
This Agreement and its Exhibits and Attachment constitute the entire agreement of the Parties with respect to
the subject matter hereof and supersede all prior written and oral agreements and understandings with respect
to such subject matter. Neither this Agreement nor any of the terms hereof may be amended, supplemented,
waived or modified orally. All such amendments, supplements, waivers and modifications must be in writing
signed by the party against which the enforcement of the amendment, supplement, waiver or modification shall
be sought.
ARTICLE XXVII
HEADINGS
Any heading preceding the text of the several sections of this Agreement shall be solely for convenience of
reference and shall not affect the meaning, construction or effect of this Agreement. In the event of any conflict
between any such heading and the text thereunder, the text shall control.
Page 16 of 17
In acknowledgment of the mutual consideration herein, the parties hereby certify that they have
read this entire Agreement, and will comply with all of its requirements.
MIAMI-DADE COUNTY, FLORIDA: CITY OF OPA-LOCKA, FLORIDA:
By: By:
Edward Marquez
Deputy Mayor/Finance Director
Date: Date:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Assistant County Attorney
John E. Pate
City Manager
Page 17 of 17
EXHIBIT —1
Coronavirus Relief Fund
Guidance for State, Territorial, Local, and Tribal Governments
Updated June 30, 2020'
The purpose of this document is to provide guidance to recipients of the funding available under section
601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act"). The CARES Act established the Coronavirus Relief Fund (the "Fund")
and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make
payments for specified uses to States and certain local governments; the District of Columbia and U.S.
Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments.
The CARES Act provides that payments from the Fund may only be used to cover costs that-
1. are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19);
2. were not accounted for in the budget most recently approved as of March 27, 2020 (the
date of enactment of the CARES Act) for the State or government; and
3. were incurred during the period that begins on March 1, 2020, and ends on December 30,
2020.2
The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations
on the permissible use of Fund payments.
Necessary expenditures incurred due to the public health emergency
The requirement that expenditures be incurred "due to" the public health emergency means that
expenditures must be used for actions taken to respond to the public health emergency. These may
include expenditures incurred to allow the State, territorial, local, or Tribal government to respond
directly to the emergency, such as by addressing medical or public health needs, as well as expenditures
incurred to respond to second -order effects of the emergency, such as by providing economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is
not a permissible use of Fund payments.
The statute also specifies that expenditures using Fund payments must be "necessary." The Department
of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its
intended use in the reasonable judgment of the government officials responsible for spending Fund
payments.
Costs not accounted for in the budget most recently approved as of March 27, 2020
The CARES Act also requires that payments be used only to cover costs that were not accounted for in
the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the
' This version updates the guidance provided under "Costs incurred during the period that begins on March 1, 2020,
and ends on December 30, 2020".
2 See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act.
Page 1 of 4
cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost
is for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation.
The "most recently approved" budget refers to the enacted budget for the relevant fiscal period for the
particular government, without taking into account subsequent supplemental appropriations enacted or
other budgetary adjustments made by that government in response to the COVID-19 public health
emergency. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020
Finally, the CARES Act provides that payments from the Fund may only be used to cover costs that were
incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (the "covered
period"). Putting this requirement together with the other provisions discussed above, section 601(d) may
be summarized as providing that a State, local, or tribal government may use payments from the Fund
only to cover previously unbudgeted costs of necessary expenditures incurred due to the COVID-19
public health emergency during the covered period.
Initial guidance released on April 22, 2020, provided that the cost of an expenditure is incurred when the
recipient has expended funds to cover the cost. Upon further consideration and informed by an
understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be
considered to have been incurred, performance or delivery must occur during the covered period but
payment of funds need not be made during that time (though it is generally expected that this will take
place within 90 days of a cost being incurred). For instance, in the case of a lease of equipment or other
property, irrespective of when payment occurs, the cost of a lease payment shall be considered to have
been incurred for the period of the lease that is within the covered period, but not otherwise.
Furthermore, in all cases it must be necessary that performance or delivery take place during the covered
period. Thus the cost of a good or service received during the covered period will not be considered
eligible under section 601(d) if there is no need for receipt until after the covered period has expired.
Goods delivered in the covered period need not be used during the covered period in all cases. For
example, the cost of a good that must be delivered in December in order to be available for use in January
could be covered using payments from the Fund. Additionally, the cost of goods purchased in bulk and
delivered during the covered period may be covered using payments from the Fund if a portion of the
goods is ordered for use in the covered period, the bulk purchase is consistent with the recipient's usual
procurement policies and practices, and it is impractical to track and record when the items were used. A
recipient may use payments from the Fund to purchase a durable good that is to be used during the current
period and in subsequent periods if the acquisition in the covered period was necessary due to the public
health emergency.
Given that it is not always possible to estimate with precision when a good or service will be needed, the
touchstone in assessing the determination of need for a good or service during the covered period will be
reasonableness at the time delivery or performance was sought, e.g., the time of entry into a procurement
contract specifying a time for delivery. Similarly, in recognition of the likelihood of supply chain
disruptions and increased demand for certain goods and services during the COVID-19 public health
emergency, if a recipient enters into a contract requiring the delivery of goods or performance of services
by December 30, 2020, the failure of a vendor to complete delivery or services by December 30, 2020,
will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods
or services if the delay is due to circumstances beyond the recipient's control.
Page 2 of 4
This guidance applies in a like manner to costs of subrecipients. Thus, a grant or loan, for example,
provided by a recipient using payments from the Fund must be used by the subrecipient only to purchase
(or reimburse a purchase of) goods or services for which receipt both is needed within the covered period
and occurs within the covered period. The direct recipient of payments from the Fund is ultimately
responsible for compliance with this limitation on use of payments from the Fund.
Nonexclusive examples of eligible expenditures
Eligible expenditures include, but are not limited to, payment for:
1. Medical expenses such as:
• COVID-19-related expenses of public hospitals, clinics, and similar facilities.
• Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.
• Costs of providing COVID-19 testing, including serological testing.
• Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.
• Expenses for establishing and operating public telemedicine capabilities for COVID-19-
related treatment.
2. Public health expenses such as:
• Expenses for communication and enforcement by State, territorial, local, and Tribal
governments of public health orders related to COVID-19.
• Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police officers,
social workers, child protection services, and child welfare officers, direct service providers
for older adults and individuals with disabilities in community settings, and other public
health or safety workers in connection with the COVID-19 public health emergency.
• Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response
to the COVID-19 public health emergency.
• Expenses for technical assistance to local authorities or other entities on mitigation of
COVID-19-related threats to public health and safety.
• Expenses for public safety measures undertaken in response to COVID-19.
• Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the COVID-
19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such
as:
• Expenses for food delivery to residents, including, for example, senior citizens and other
vulnerable populations, to enable compliance with COVID-19 public health precautions.
• Expenses to facilitate distance learning, including technological improvements, in connection
with school closings to enable compliance with COVID-19 precautions.
• Expenses to improve telework capabilities for public employees to enable compliance with
COVID-19 public health precautions.
Page 3 of 4
" E x p e n s e s o f p r o v i d i n g p a i d s i c k a n d p a i d f a m i l y a n d m e d i c a l l e a v e t o p u b l i c e m p l o y e e s t o
e n a b l e c o m p l i a n c e w i t h C O V I D - 1 9 p u b l i c h e a l t h p r e c a u t i o n s .
" C O V I D - 1 9 - r e l a t e d e x p e n s e s o f m a i n t a i n i n g s t a t e p r i s o n s a n d c o u n t y j a i l s , i n c l u d i n g a s r e l a t e s
t o s a n i t a t i o n a n d i m p r o v e m e n t o f s o c i a l d i s t a n c i n g m e a s u r e s , t o e n a b l e c o m p l i a n c e w i t h
C O V I D - 1 9 p u b l i c h e a l t h p r e c a u t i o n s .
" E x p e n s e s f o r c a r e f o r h o m e l e s s p o p u l a t i o n s p r o v i d e d t o m i t i g a t e C O V I D - 1 9 e f f e c t s a n d
e n a b l e c o m p l i a n c e w i t h C O V I D - 1 9 p u b l i c h e a l t h p r e c a u t i o n s .
5 . E x p e n s e s a s s o c i a t e d w i t h t h e p r o v i s i o n o f e c o n o m i c s u p p o r t i n c o n n e c t i o n w i t h t h e C O V I D - 1 9
p u b l i c h e a l t h e m e r g e n c y , s u c h a s :
" E x p e n d i t u r e s r e l a t e d t o t h e p r o v i s i o n o f g r a n t s t o s m a l l b u s i n e s s e s t o r e i m b u r s e t h e c o s t s o f
b u s i n e s s i n t e r r u p t i o n c a u s e d b y r e q u i r e d c l o s u r e s .
" E x p e n d i t u r e s r e l a t e d t o a S t a t e , t e r r i t o r i a l , l o c a l , o r T r i b a l g o v e r n m e n t p a y r o l l s u p p o r t
p r o g r a m .
" U n e m p l o y m e n t i n s u r a n c e c o s t s r e l a t e d t o t h e C O V I D - 1 9 p u b l i c h e a l t h e m e r g e n c y i f s u c h
c o s t s w i l l n o t b e r e i m b u r s e d b y t h e f e d e r a l g o v e r n m e n t p u r s u a n t t o t h e C A R E S A c t o r
o t h e r w i s e .
6 . A n y o t h e r C O V I D - 1 9 - r e l a t e d e x p e n s e s r e a s o n a b l y n e c e s s a r y t o t h e f u n c t i o n o f g o v e r n m e n t t h a t
s a t i s f y t h e F u n d ' s e l i g i b i l i t y c r i t e r i a .
N o n e x c l u s i v e e x a m p l e s o f i n e l i g i b l e e x p e n d i t u r e s 3
T h e f o l l o w i n g i s a l i s t o f e x a m p l e s o f c o s t s t h a t w o u l d n o t b e e l i g i b l e e x p e n d i t u r e s o f p a y m e n t s f r o m t h e
F u n d .
1 . E x p e n s e s f o r t h e S t a t e s h a r e o f M e d i c a i d . 4
2 . D a m a g e s c o v e r e d b y i n s u r a n c e .
3 . P a y r o l l o r b e n e f i t s e x p e n s e s f o r e m p l o y e e s w h o s e w o r k d u t i e s a r e n o t s u b s t a n t i a l l y d e d i c a t e d t o
m i t i g a t i n g o r r e s p o n d i n g t o t h e C O V I D - 1 9 p u b l i c h e a l t h e m e r g e n c y .
4 . E x p e n s e s t h a t h a v e b e e n o r w i l l b e r e i m b u r s e d u n d e r a n y f e d e r a l p r o g r a m , s u c h a s t h e
r e i m b u r s e m e n t b y t h e f e d e r a l g o v e r n m e n t p u r s u a n t t o t h e C A R E S A c t o f c o n t r i b u t i o n s b y S t a t e s
t o S t a t e u n e m p l o y m e n t f u n d s .
5 . R e i m b u r s e m e n t t o d o n o r s f o r d o n a t e d i t e m s o r s e r v i c e s .
6 . W o r k f o r c e b o n u s e s o t h e r t h a n h a z a r d p a y o r o v e r t i m e .
7 . S e v e r a n c e p a y .
8 . L e g a l s e t t l e m e n t s .
I n a d d i t i o n , p u r s u a n t t o s e c t i o n 5 0 0 1 ( b ) o f t h e C A R E S A c t , p a y m e n t s f r o m t h e F u n d m a y n o t b e e x p e n d e d f o r a n
e l e c t i v e a b o r t i o n o r o n r e s e a r c h i n w h i c h a h u m a n e m b r y o i s d e s t r o y e d , d i s c a r d e d , o r k n o w i n g l y s u b j e c t e d t o r i s k o f
i n j u r y o r d e a t h . T h e p r o h i b i t i o n o n p a y m e n t f o r a b o r t i o n s d o e s n o t a p p l y t o a n a b o r t i o n i f t h e p r e g n a n c y i s t h e r e s u l t
o f a n a c t o f r a p e o r i n c e s t ; o r i n t h e c a s e w h e r e a w o m a n s u f f e r s f r o m a p h y s i c a l d i s o r d e r , p h y s i c a l i n j u r y , o r
p h y s i c a l i l l n e s s , i n c l u d i n g a l i f e - e n d a n g e r i n g p h y s i c a l c o n d i t i o n c a u s e d b y o r a r i s i n g f r o m t h e p r e g n a n c y i t s e l f , t h a t
w o u l d , a s c e r t i f i e d b y a p h y s i c i a n , p l a c e t h e w o m a n i n d a n g e r o f d e a t h u n l e s s a n a b o r t i o n i s p e r f o r m e d .
F u r t h e r m o r e , n o g o v e r n m e n t w h i c h r e c e i v e s p a y m e n t s f r o m t h e F u n d m a y d i s c r i m i n a t e a g a i n s t a h e a l t h c a r e e n t i t y
o n t h e b a s i s t h a t t h e e n t i t y d o e s n o t p r o v i d e , p a y f o r , p r o v i d e c o v e r a g e o f , o r r e f e r f o r a b o r t i o n s .
4 S e e 4 2 C . F . R . � 4 3 3 . 5 1 a n d 4 5 C . F . R . � 7 5 . 3 0 6 .
P a g e 4 o f 4
EXHIBIT — 2
Coronavirus Relief Fund
Frequently Asked Questions
Updated as of July 8, 2020
The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund
("Fund") Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020,
("Guidance").' Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and
set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act ("CARES Act").
Eligible Expenditures
Are governments required to submit proposed expenditures to Treasury for approval?
No. Governments are responsible for making determinations as to what expenditures are necessary due to
the public health emergency with respect to COVID-19 and do not need to submit any proposed
expenditures to Treasury.
The Guidance says that funding can be used to meet payroll expenses for public safety, public health,
health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency. How does a government
determine whether payroll expenses for a given employee satisfy the "substantially dedicated"
condition?
The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by
the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience
in light of the emergency nature of this program, a State, territorial, local, or Tribal government may
presume that payroll costs for public health and public safety employees are payments for services
substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the
chief executive (or equivalent) of the relevant government determines that specific circumstances indicate
otherwise.
The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is
for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation. What would qualify as a "substantially different use" for purposes of the Fund eligibility?
Costs incurred for a "substantially different use" include, but are not necessarily limited to, costs of
personnel and services that were budgeted for in the most recently approved budget but which, due
entirely to the COVID-19 public health emergency, have been diverted to substantially different
functions. This would include, for example, the costs of redeploying corrections facility staff to enable
compliance with COVID-19 public health precautions through work such as enhanced sanitation or
enforcing social distancing measures; the costs of redeploying police to support management and
enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to
develop online learning capabilities, such as through providing information technology support that is not
part of the staff or faculty's ordinary responsibilities.
Note that a public function does not become a "substantially different use" merely because it is provided
from a different location or through a different manner. For example, although developing online
instruction capabilities may be a substantially different use of funds, online instruction itself is not a
substantially different use of public funds than classroom instruction.
' The Guidance is available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-
State-Territorial-Local-and-Tribal-Governments.pdf.
Page 1 of 11
May a State receiving a payment transfer funds to a local government?
Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health
emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be
subject to recoupment by the Treasury Department if they have not been used in a manner consistent with
section 601(d) of the Social Security Act.
May a unit of local government receiving a Fund payment transfer funds to another unit of
government?
Yes. For example, a county may transfer funds to a city, town, or school district within the county and a
county or city may transfer funds to its State, provided that the transfer qualifies as a necessary
expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of
the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent
city would not be permissible if the funds were intended to be used simply to fill shortfalls in government
revenue to cover expenditures that would not otherwise qualify as an eligible expenditure.
Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government
within its borders?
No. For example, a county recipient is not required to transfer funds to smaller cities within the county's
borders.
Are recipients required to use other federal funds or seek reimbursement under other federal programs
before using Fund payments to satisfy eligible expenses?
No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social
Security Act outlined in the Guidance. Fund payments are not required to be used as the source of
funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover
expenditures for which they will receive reimbursement.
Are there prohibitions on combining a transaction supported with Fund payments with other CARES
Act funding or COVID-19 relief Federal funding?
Recipients will need to consider the applicable restrictions and limitations of such other sources of
funding. In addition, expenses that have been or will be reimbursed under any federal program, such as
the reimbursement by the federal government pursuant to the CARES Act of contributions by States to
State unemployment funds, are not eligible uses of Fund payments.
Are States permitted to use Fund payments to support state unemployment insurance funds generally?
To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the
COVID-19 public health emergency, a State may use Fund payments to make payments to its respective
state unemployment insurance fund, separate and apart from such State's obligation to the unemployment
insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related
to the public health emergency from causing their state unemployment insurance funds to become
insolvent.
Page 2 of 11
Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by
the recipient as an employer?
Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an
employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
The Guidance states that the Fund may support a "broad range of uses" including payroll expenses for
several classes of employees whose services are "substantially dedicated to mitigating or responding to
the COVID-19 public health emergency." What are some examples of types of covered employees?
The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible
expenses under the Fund. These classes of employees include public safety, public health, health care,
human services, and similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public
employees who could have been furloughed or otherwise laid off but who were instead repurposed to
perform previously unbudgeted functions substantially dedicated to mitigating or responding to the
COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and
benefit costs of educational support staff or faculty responsible for developing online learning capabilities
necessary to continue educational instruction in response to COVID-19-related school closures. Please
see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget
most recently approved as of March 27, 2020.
In some cases, first responders and critical health care workers that contract COVID-19 are eligible
for workers' compensation coverage. Is the cost of this expanded workers compensation coverage
eligible?
Increased workers compensation cost to the government due to the COVID-19 public health emergency
incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible
expense.
If a recipient would have decommissioned equipment or not renewed a lease on particular office space
or equipment but decides to continue to use the equipment or to renew the lease in order to respond to
the public health emergency, are the costs associated with continuing to operate the equipment or the
ongoing lease payments eligible expenses?
Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section
601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible.
May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees
to improve telework capabilities) rather than require employees to incur the eligible cost and submit for
reimbursement?
Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the
public health emergency. As such, unless the government were to determine that providing assistance in
the form of a stipend is an administrative necessity, the government should provide such assistance on a
reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses.
Page 3 of 11
May Fund payments be used for COVID-19 public health emergency recovery planning?
Yes. Expenses associated with conducting a recovery planning project or operating a recovery
coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section
601(d) of the Social Security Act outlined in the Guidance.
Are expenses associated with contact tracing eligible?
Yes, expenses associated with contract tracing are eligible.
To what extent may a government use Fund payments to support the operations of private hospitals?
Governments may use Fund payments to support public or private hospitals to the extent that the costs are
necessary expenditures incurred due to the COVID-19 public health emergency, but the form such
assistance would take may differ. In particular, financial assistance to private hospitals could take the
form of a grant or a short-term loan.
May payments from the Fund be used to assist individuals with enrolling in a government benefit
program for those who have been laid off due to COVID-19 and thereby lost health insurance?
Yes. To the extent that the relevant government official determines that these expenses are necessary and
they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the
Guidance, these expenses are eligible.
May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to
supply chain disruptions?
Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic
support as a result of the COVID-19 health emergency.
Would providing a consumer grant program to prevent eviction and assist in preventing homelessness
be considered an eligible expense?
Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the
COVID-19 public health emergency and the grants meet the other requirements for the use of Fund
payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter,
providing assistance to recipients to enable them to meet property tax requirements would not be an
eligible use of funds, but exceptions may be made in the case of assistance designed to prevent
foreclosures.
May recipients create a `payroll support program" for public employees?
Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to
those employees whose work duties are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
May recipients use Fund payments to cover employment and training programs for employees that
have been furloughed due to the public health emergency?
Yes, this would be an eligible expense if the government determined that the costs of such employment
and training programs would be necessary due to the public health emergency.
Page 4 of 11
May recipients use Fund payments to provide emergency financial assistance to individuals and
families directly impacted by a loss of income due to the COVID-19 public health emergency?
Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could
include, for example, a program to assist individuals with payment of overdue rent or mortgage payments
to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual
needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm
of what is administratively feasible, that such assistance is necessary.
The Guidance provides that eligible expenditures may include expenditures related to the provision of
grants to small businesses to reimburse the costs of business interruption caused by required closures.
What is meant by a "small business," and is the Guidance intended to refer only to expenditures to
cover administrative expenses of such a grant program?
Governments have discretion to determine what payments are necessary. A program that is aimed at
assisting small businesses with the costs of business interruption caused by required closures should be
tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to
reimburse the costs of business interruption caused by required closures would also be an eligible
expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance.
The Guidance provides that expenses associated with the provision of economic support in connection
with the public health emergency, such as expenditures related to the provision of grants to small
businesses to reimburse the costs of business interruption caused by required closures, would
constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence
of a stay-at-home order?
Fund payments may be used for economic support in the absence of a stay-at-home order if such
expenditures are determined by the government to be necessary. This may include, for example, a grant
program to benefit small businesses that close voluntarily to promote social distancing measures or that
are affected by decreased customer demand as a result of the COVID-19 public health emergency.
May Fund payments be used to assist impacted property owners with the payment of their property
taxes?
Fund payments may not be used for government revenue replacement, including the provision of
assistance to meet tax obligations.
May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a
direct subsidy payment to all utility account holders?
Fund payments may not be used for government revenue replacement, including the replacement of
unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the
extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to
the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social
Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a
government could provide grants to individuals facing economic hardship to allow them to pay their
utility fees and thereby continue to receive essential services.
Page 5 of 11
Could Fund payments be used for capital improvement projects that broadly provide potential
economic development in a community?
In general, no. If capital improvement projects are not necessary expenditures incurred due to the
COVID-19 public health emergency, then Fund payments may not be used for such projects.
However, Fund payments may be used for the expenses of, for example, establishing temporary public
medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation
measures, including related construction costs.
The Guidance includes workforce bonuses as an example of ineligible expenses but provides that
hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific
definition of "hazard pay"?
Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in
each case that is related to COVID-19.
The Guidance provides that ineligible expenditures include "[pJayroll or benefits expenses for
employees whose work duties are not substantially dedicated to mitigating or responding to the
COVID-19 public health emergency." Is this intended to relate only to public employees?
Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A
recipient would not be permitted to pay for payroll or benefit expenses of private employees and any
financial assistance (such as grants or short-term loans) to private employers are not subject to the
restriction that the private employers' employees must be substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
May counties pre pay with CARES Act funds for expenses such as a one or two-year facility lease,
such as to house staff hired in response to COVID-19?
A government should not make prepayments on contracts using payments from the Fund to the extent that
doing so would not be consistent with its ordinary course policies and procedures.
Must a stay-at-home order or other public health mandate be in effect in order for a government to
provide assistance to small businesses using payments from the Fund?
No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures
related to the provision of grants to small businesses to reimburse the costs of business interruption
caused by required closures. Such assistance may be provided using amounts received from the Fund in
the absence of a requirement to close businesses if the relevant government determines that such
expenditures are necessary in response to the public health emergency.
Page 6 of 11
Should States receiving a payment transfer funds to local governments that did not receive payments
directly from Treasury?
Yes, provided that the transferred funds are used by the local government for eligible expenditures under
the statute. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to
make direct payments to local governments with populations in excess of 500,000, in amounts equal to
45% of the local government's per capita share of the statewide allocation. This statutory structure was
based on a recognition that it is more administratively feasible to rely on States, rather than the federal
government, to manage the transfer of funds to smaller local governments. Consistent with the needs of
all local governments for funding to address the public health emergency, States should transfer funds to
local governments with populations of 500,000 or less, using as a benchmark the per capita allocation
formula that governs payments to larger local governments. This approach will ensure equitable
treatment among local governments of all sizes.
For example, a State received the minimum $1.25 billion allocation and had one county with a population
over 500,000 that received $250 million directly. The State should distribute 45 percent of the $1 billion
it received, or $450 million, to local governments within the State with a population of 500,000 or less.
May a State impose restrictions on transfers of funds to local governments?
Yes, to the extent that the restrictions facilitate the State's compliance with the requirements set forth in
section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such
as the Single Audit Act, discussed below. Other restrictions are not permissible.
If a recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue
shortfalls, are the expenses associated with the issuance eligible uses of Fund payments?
If a government determines that the issuance of TANS is necessary due to the COVID-19 public health
emergency, the government may expend payments from the Fund on the interest expense payable on
TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary
payments to advisors and underwriters, associated with the issuance of the TANs.
May recipients use Fund payments to expand rural broadband capacity to assist with distance learning
and telework?
Such expenditures would only be permissible if they are necessary for the public health emergency. The
cost of projects that would not be expected to increase capacity to a significant extent until the need for
distance learning and telework have passed due to this public health emergency would not be necessary
due to the public health emergency and thus would not be eligible uses of Fund payments.
Are costs associated with increased solid waste capacity an eligible use of payments from the Fund?
Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to
the disposal of used personal protective equipment, would be an eligible expenditure.
May payments from the Fund be used to cover across-the-board hazard pay for employees working
during a state of emergency?
No. The Guidance says that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVED-19 public health emergency. Hazard pay is a form of payroll
expense and is subject to this limitation, so Fund payments may only be used to cover hazard pay for such
individuals.
Page 7 of 11
May Fund payments be used for expenditures related to the administration of Fund payments by a
State, territorial, local, or Tribal government?
Yes, if the administrative expenses represent an increase over previously budgeted amounts and are
limited to what is necessary. For example, a State may expend Fund payments on necessary
administrative expenses incurred with respect to a new grant program established to disburse amounts
received from the Fund.
May recipients use Fund payments to provide loans?
Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act
as implemented by the Guidance. Any amounts repaid by the borrower before December 30, 2020, must
be either returned to Treasury upon receipt by the unit of government providing the loan or used for
another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act.
Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury
upon receipt by the unit of government lending the funds.
May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak?
Fund payments may be used only for expenditures necessary to address the current COVID-19 public
health emergency. For example, a State may spend Fund payments to create a reserve of personal
protective equipment or develop increased intensive care unit capacity to support regions in its
jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic.
May funds be used to satisfy non-federal matching requirements under the Stafford Act?
Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford
Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise
satisfy the Fund's eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for
such purposes, FEMA funding is still dependent on FEMA's determination of eligibility under the
Stafford Act.
Must a State, local, or tribal government require applications to be submitted by businesses or
individuals before providing assistance using payments from the Fund?
Governments have discretion to determine how to tailor assistance programs they establish in response to
the COVID-19 public health emergency. However, such a program should be structured in such a manner
as will ensure that such assistance is determined to be necessary in response to the COVID-19 public
health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law.
For example, a per capita payment to residents of a particular jurisdiction without an assessment of
individual need would not be an appropriate use of payments from the Fund.
May Fund payments be provided to non profits for distribution to individuals in need of financial
assistance, such as rent relief?
Yes, non -profits may be used to distribute assistance. Regardless of how the assistance is structured, the
financial assistance provided would have to be related to COVID-19.
May recipients use Fund payments to remarket the recipient's convention facilities and tourism
industry?
Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to
publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to
Page 8 of 11
the public health emergency. Expenses related to developing a long-term plan to reposition a recipient's
convention and tourism industry and infrastructure would not be incurred due to the public health
emergency and therefore may not be covered using payments from the Fund.
May a State provide assistance to farmers and meat processors to expand capacity, such to cover
overtime for USDA meat inspectors?
If a State determines that expanding meat processing capacity, including by paying overtime to USDA
meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased
capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses
are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d)
of the Social Security Act outlined in the Guidance.
The guidance provides that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated
to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to
cover such an employee's entire payroll cost or just the portion of time spent on mitigating or
responding to the COVID-19 public health emergency?
As a matter of administrative convenience, the entire payroll cost of an employee whose time is
substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible,
provided that such payroll costs are incurred by December 30, 2020. An employer may also track time
spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so
consistently within the relevant agency or department.
May Fund payments be used to cover increased administrative leave costs of public employees
who could not telework in the event of a stay at home order or a case of COVID-19 in the
workplace?
The statute requires that payments be used only to cover costs that were not accounted for in the
budget most recently approved as of March 27, 2020. As stated in the Guidance, a cost meets
this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or
allocation within that budget or (b) the cost is for a substantially different use from any expected
use of funds in such a line item, allotment, or allocation. If the cost of an employee was
allocated to administrative leave to a greater extent than was expected, the cost of such
administrative leave may be covered using payments from the Fund.
Questions Related to Administration of Fund Payments
Do governments have to return unspent funds to Treasury?
Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act,
provides for recoupment by the Department of the Treasury of amounts received from the Fund that have
not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has
not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the
statute, those funds must be returned to the Department of the Treasury.
What records must be kept by governments receiving payment?
Page 9 of 11
A government should keep records sufficient to demonstrate that the amount of Fund payments to the
government has been used in accordance with section 601(d) of the Social Security Act.
May recipients deposit Fund payments into interest bearing accounts?
Yes, provided that if recipients separately invest amounts received from the Fund, they must use the
interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government
deposits 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.
May governments retain assets purchased with payments from the Fund?
Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided
by section 601(d) of the Social Security Act.
What rules apply to the proceeds of disposition or sale of assets acquired using payments from the
Fund?
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the
restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social
Security Act.
Are Fund payments to State, territorial, local, and tribal governments considered grants?
No. Fund payments made by Treasury to State, territorial, local, and Tribal governments are not
considered to be grants but are "other financial assistance" under 2 C.F.R. § 200.40.
Are Fund payments considered federal financial assistance for purposes of the Single Audit Act?
Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31
U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding
internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and
subpart F regarding audit requirements.
Are Fund payments subject to other requirements of the Uniform Guidance?
Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2
C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient
monitoring and management, and subpart F regarding audit requirements.
Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund?
Yes. The CFDA number assigned to the Fund is 21.019.
If a State transfers Fund payments to its political subdivisions, would the transferred funds count
toward the subrecipients' total funding received from the federal government for purposes of the
Single Audit Act?
Yes. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2
C.F.R. part 200, subpart F re: audit requirements. Subrecipients are subject to a single audit or program -
Page 10 of 11
specific audit pursuant to 2 C.F.R. § 200.501(a) when the subrecipients spend $750,000 or more in federal
awards during their fiscal year.
Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted
under the Single Audit Act?
Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 C.F.R. §
200.425.
If a government has transferred funds to another entity, from which entity would the Treasury
Department seek to recoup the funds if they have not been used in a manner consistent with section
601(d) of the Social Security Act?
The Treasury Department would seek to recoup the funds from the government that received the payment
directly from the Treasury Department. State, territorial, local, and Tribal governments receiving funds
from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program
or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the
Guidance.
Page 11 of 11
EXHIBIT — 3
OFFICE OF
INSPECTOR GENERAL
01G-CA-20-021
DEPARTMENT OF THE TREASURY
WASHINGTON, D.C. 20220
July 2, 2020
MEMORANDUM FOR CORONAVIRUS RELIEF FUND RECIPIENTS
FROM: Richard K. Delmar /s/
Deputy Inspector General
SUBJECT: Coronavirus Relief Fund Reporting and Record Retention
Requirements
Title VI of the Social Security Act, as amended by Title V of Division A of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 1 15-136), provides
that the Department of the Treasury (Treasury) Office of Inspector General (OIG) is
responsible for monitoring and oversight of the receipt, disbursement, and use of
Coronavirus Relief Fund payments. Treasury OIG also has authority to recover
funds in the event that it is determined a recipient of a Coronavirus Relief Fund
payment failed to comply with requirements of subsection 601(d) of the Social
Security Act, as amended, (42 U.S.C. 801(d)). Accordingly, we are providing
recipient reporting and record retention requirements that are essential for the
exercise of these responsibilities, including our conduct of audits and
investigations.
Reporting Requirements and Timelines
Each prime recipient of Coronavirus Relief Fund payments' shall report Coronavirus
Disease 2019 (COVID-19) related "costs incurred" during the "covered periodi2
(the period beginning on March 1, 2020 and ending on December 30, 2020), in the
manner of and according to the timelines outlined in this memorandum. As
described below, each prime recipient shall report interim and quarterly data and
other recipient data according to these requirements. Treasury OIG is working on
development of a portal with GrantSolutions3 that is expected to be operational on
1 Prime recipients include all 50 States, Units of Local Governments, the District of Columbia, U.S.
Territories, and Tribal Governments that received a direct payment from Treasury in accordance
with Title V.
2 Refer to Treasury's guidance dated June 30, 2020 for more information on costs incurred and the
covered period.
3 A grant management service provider under the U.S. Department of Health and Human Services.
Page 1 of 4
September 1, 2020, for recipients to report data on a quarterly basis. Until the
GrantSolutions portal is operational, each prime recipient shall follow the interim
reporting requirements. Treasury OIG will notify each prime recipient when
GrantSolutions is operational or of any changes to the expected September 1, 2020
start date.
Interim Reporting for the period March 1 through June 30, 2020
By no later than July 17, 2020, each prime recipient is responsible for reporting costs
incurred during the period March 1 through June 30, 2020. For this interim report, prime
recipients need only report totals by the following broad categories:
a. Amount transferred to other governments;
b. Amount spent on payroll for public health and safety employees;
c. Amount spent on budgeted personnel and services diverted to a substantially
different use;
d. Amount spent to improve telework capabilities of public employees;
e. Amount spent on medical expenses;
f. Amount spent on public health expenses;
g. Amount spent to facilitate distance learning;
h. Amount spent providing economic support;
i. Amount spent on expenses associated with the issuance of tax anticipation notes;
and
Amount spent on items not listed above.
j•
Recipients should consult Treasury's guidance and Frequently Asked Questions in
reporting costs incurred during the period March 1 through June 30, 2020. The total of
all categories must equal the total of all costs incurred during that period. A spreadsheet
is attached for your use in providing the data. As discussed below, the prime recipient
will be required to report information for the period March 1 through June 30, 2020 into
GrantSolutions once it is operational.
Quarterly Reporting
Each prime recipient of Coronavirus Relief Fund payments shall report COVID-19 related
costs into the GrantSolutions portal. Data required to be reported includes, but is not
limited to, the following:
1. the total amount of payments from the Coronavirus Relief Fund received from
Treasury;
2. the amount of funds received that were expended or obligated for each project or
activity;
3. a detailed list of all projects or activities for which funds were expended or
obligated, including:
a. the name of the project or activity;
b. a description of the project or activity; and
Page 2 of 4
4. detailed information on any loans issued; contracts and grants awarded; transfers
made to other government entities; and direct payments made by the recipient
that are greater than $50,000.
The prime recipient is responsible for reporting into the GrantSolutions portal information
on uses of Coronavirus Relief Fund payments.
Recipient Portal Access: For future quarterly reporting, each prime recipient will have
GrantSolutions portal access for three (3) individuals: two (2) designees (preparers) to
input quarterly data and one (1) official authorized to certify that the data is true,
accurate, and complete.4 By no later than July 17, 2020, please provide the name, title,
email address, phone number, and postal address of these individuals so that portal
access can be granted. After this information is received, guidance on the
GrantSolutions portal access and data submission instructions will be issued separately.
Reporting timeline
By no later than September 21, 2020, recipients shall submit via the portal the first
detailed quarterly report, which shall cover the period March 1 through June 30, 2020.
Thereafter, quarterly reporting will be due no later than 10 days after each calendar
quarter. For example, the period July 1 through September 30, 2020, must be reported
no later than October 13, 2020 (Tuesday after the 10`h day of October and the
Columbus Day Holiday). Reporting shall end with either the calendar quarter after the
COVID-19 related costs and expenditures have been liquidated and paid or the calendar
quarter ending September 30, 2021, whichever comes first.
Record Retention Requirements
Recipients of Coronavirus Relief Fund payments shall maintain and make available to the
Treasury OIG upon request all documents and financial records sufficient to establish
compliance with subsection 601(d) of the Social Security Act, as amended, (42 U.S.C.
801(d)), which provides:
(d) USE OF FUNDS. —A State, Tribal government, and unit of local government shall use
the funds provided under a payment made under this section to cover only those costs
of the State, Tribal government, or unit of local government that-
1. are necessary expenditures incurred due to the public health emergency
with respect to COVID-1 9;
2. were not accounted for in the budget most recently approved as of the date
of enactment of this section for the State or government; and
4 The certifying official is an authorized representative of the recipient organization with the legal authority
to give assurances, make commitments, enter into contracts, and execute such documents on behalf of
the recipient.
Page 3 of 4
3. were incurred' during the period that begins on March 1, 2020, and
ends on December 30, 2020.
Records to support compliance with subsection 601(d) may include, but are not
limited to, copies of the following:
1. general ledger and subsidiary ledgers used to account for (a) the
receipt of Coronavirus Relief Fund payments and (b) the disbursements
from such payments to meet eligible expenses related to the public
health emergency due to COVID-1 9;
2. budget records for 2019 and 2020;
3. payroll, time records, human resource records to support costs
incurred for payroll expenses related to addressing the public health
emergency due to COVID-19;
4. receipts of purchases made related to addressing the public health
emergency due to COVID-1 9;
5. contracts and subcontracts entered into using Coronavirus Relief Fund
payments and all documents related to such contracts;
6. grant agreements and grant subaward agreements entered into using
Coronavirus Relief Fund payments and all documents related to such
awards;
7. all documentation of reports, audits, and other monitoring of
contractors, including subcontractors, and grant recipient and
subrecipients;
8. all documentation supporting the performance outcomes of contracts,
subcontracts, grant awards, and grant recipient subawards;
9. all internal and external email/electronic communications related to use
of Coronavirus Relief Fund payments; and
10. all investigative files and inquiry reports involving Coronavirus Relief
Fund payments.
Records shall be maintained for a period of five (5) years after final payment is
made using Coronavirus Relief Fund monies. These record retention requirements
are applicable to all prime recipients and their grantees and subgrant recipients,
contractors, and other levels of government that received transfers of Coronavirus
Relief Fund payments from prime recipients.
Thank you and we appreciate your assistance.
5 Refer to Treasury's guidance dated June 30, 2020 for more information on the definition of costs
incurred.
Page 4 of 4
OFFICE OF
INSPECTOR GENERAL
OIG-CA-20-025
EXHIBIT 3
Addendum 3-1
DEPARTMENT OF THE TREASURY
WASHINGTON, D.C. 20220
July 31, 2020
MEMORANDUM FOR CORONAVIRUS RELIEF FUND RECIPIENTS
FROM: Richard K. Delmar /s/
Deputy Inspector General
SUBJECT: Coronavirus Relief Fund Reporting Requirements Update
On July 2, 2020, my office issued memorandum OIG-CA-20-021, Coronavirus Relief
Fund Recipient Reporting and Record Retention Requirements informing you of the
Department of the Treasury (Treasury) Office of Inspector General's (OIG) monitoring
and oversight responsibilities related to the Coronavirus Relief Fund, among other
things. Specifically, Title VI of the Social Security Act, as amended by Title V of
Division A of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
1 16-136), provides that Treasury OIG is responsible for monitoring and oversight of
the receipt, disbursement, and use of Coronavirus Relief Fund payments. Treasury
OIG also has authority to recover funds in the event that it is determined a recipient
of a Coronavirus Relief Fund payment failed to comply with requirements of
subsection 601(d) of the Social Security Act, as amended, (42 U.S.C. 801(d)1.
Recipient reporting and record retention requirements are essential for the exercise of
these responsibilities, including our conduct of audits and investigations.
This memorandum augments and clarifies the prime recipient's quarterly reporting
requirements contained in memorandum OIG-CA-20-021. We plan to use reported
data to support our office's Coronavirus Relief Fund compliance monitoring and
oversight efforts and for audit and investigative purposes. In addition, reported data
will be provided to the Pandemic Response Accountability Committee (PRAC), which
will report the data on its website in accordance with Section 15010 of the CARES
Act.
1 P. L. 116-136 (March 27,2020), Section 15010, established the PRAC within the Council of
Inspectors General on Integrity and Efficiency to promote transparency and conduct and support
oversight of covered funds and the coronavirus response to (1) prevent and detect fraud, waste,
abuse, and mismanagement; and (2) mitigate major risks that cut across program and agency
boundaries. The PRAC's website will provide data on relevant operational, economic, financial, grant,
subgrant, contract, and subcontract information in user-friendly visual presentations to enhance public
awareness of the use of covered funds and the Coronavirus response.
Page 1 of 6
Reporting Requirements
The Treasury OIG has engaged GrantSolutions, a grant and program management
Federal shared service provider under the U.S. Department of Health and Human
Services, to develop a customized and user-friendly reporting solution to capture the
use of Coronavirus Relief Fund payments. In this regard, the GrantSolutions portal will
be prepopulated with prime recipient data to include the Coronavirus Relief Fund
payment amount, date, recipient Dun & Bradstreet unique identification
number (DUNS number), and contact information. It is the responsibility of the prime
recipients2 to report on uses of Coronavirus Relief Fund payments. Accordingly, each
prime recipient shall report Coronavirus Disease 2019 (COVID-1 9) related costs
incurred 3 during the covered period (the period beginning on March 1, 2020, and
ending on December 30, 2020), as follows.
Projects
List all projects4 the prime recipient plans to complete with Coronavirus Relief
payments. For each project, the prime recipient will be required to enter the project
name, identification number (created by the prime recipient), description, and status
of completion. Once a project is entered into the GrantSolutions portal, the prime
recipient will be able to report on the project's obligations and expenditures.
Expenditure Categories
Once expenditures are entered against obligations, the prime recipient will need to
select the specific expenditure category from the available options from a dropdown
menu:
a. Administrative Expenses
b. Budgeted Personnel and Services Diverted to a Substantially Different Use
c. COVID-19 Testing and Contact Tracing
d. Economic Support (Other than Small Business, Housing, and Food Assistance)
e. Expenses Associated with the Issuance of Tax Anticipation Notes
f. Facilitating Distance Learning
g. Food Programs
h. Housing Support
i. Improve Telework Capabilities of Public Employees
j. Medical Expenses
2 Prime recipients include all 50 States, units of local governments, the District of Columbia, U.S.
Territories, and Tribal Governments that received a direct Coronavirus Relief Fund payment from
Treasury in accordance with the CARES Act.
3 Refer to Treasury's Guidance for State, Territorial, Local, and Tribal Governments updated
June 30, 2020, at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-
Territorial-Local-and-Tribal-Governments.pdf, for more information on costs incurred and the covered
period
4 Projects are a grouping of related activities that together are intended to achieve a specific goal.
Page 2 of 6
k. Nursing Home Assistance
I. Payroll for Public Health and Safety Employees
m. Personal Protective Equipment
n. Public Health Expenses
o. Small Business Assistance
p. Unemployment Benefits
q. Workers' Compensation
r. Items Not Listed Above - to include other eligible expenses that are not
captured in the available expenditure categories
Each prime recipient shall also provide detailed obligation and expenditure information
for any contracts and grants awarded, loans issued, transfers made to other
government entities, and direct payments made by the prime recipient that are greater
than or equal to $50,000 as follows.
Contracts Greater Than or Equal to $50,000
a. Contractor identifying and demographic information (e.g. DUNS number and
location)
b. Contract number
c. Contract date, type, amount, and description
d. Primary place of contract performance
e. Related project name(s)
f. Period of performance start date
g. Period of performance end date
h. Quarterly obligation amount
i. Quarterly expenditure amount
j. Expenditure categories (listed above)
Grants Greater Than or Equal to $50,000
a. Grantee identifying and demographic information (e.g. DUNS number and
location)
b. Award number
c. Award date, amount, and description
d. Award payment method (reimbursable or lump sum payment(s))
e. Related project name(s)
f. Period of performance start date
g. Period of performance end date
h. Primary place of performance
i. Quarterly obligation amount
j. Quarterly expenditure amount
k. Expenditure categories (listed above)
Page 3 of 6
Loans Greater Than or Equal to $50,000
a. Borrower identifying and demographic information (e.g. DUNS number and
location)
b. Loan number
c. Loan amount, date (date when loan signed by prime recipient and borrower),
and description
d. Loan expiration date (date when loan expected to be paid in full)
e. Purpose of loan
f. Primary place of performance
g. Related project(s)
h. Quarterly obligation amount
i. Quarterly payments on outstanding loans
j. Recipient plans for reuse of Coronavirus Relief Fund loan repayments
k. Loan/expenditure categories
Transfers to Other Government Entities Greater Than or Equal to $50,000
a. Transferee/government unit identifying and demographic information (e.g.
DUNS number and location)
b. Transfer date, amount, and description
c. Related project(s)
d. Quarterly obligation amount
e. Quarterly expenditure information
f. Expenditure categories (listed above)
Direct Payments Greater Than or Equal to $50,000
a. Payee identifying and demographic information (e.g. DUNS number and
location)
b. Direct Payments amount and date
c. Related project(s)
d. Quarterly obligation amount
e. Quarterly expenditure amount
f. Expenditure categories (listed above)
Aggregate reporting below $50,000
Aggregate reporting is allowed on contracts, grants, transfers made to other
government entities, loans, direct payments, and payments to individuals that are
below $50,000.
Page 4 of 6
Certification and Submission
As noted in our July 2, 2020 memorandum, each prime recipient was required to
designate two preparers to enter data into GrantSolutions and an authorizing official,
who is responsible for certification and submission of the recipient's quarterly report.
Preparers are only permitted to enter data into the required fields and validate entries
once completed. Authorizing officials are responsible for reviewing and certifying the
information prior to submission within the portal. Accordingly, these individuals will
be granted user permissions in the GrantSolutions portal.
Once a report submission is complete, the Treasury OIG will review the submission to
ensure that the prime recipient has reported all required information and accounted for
the current period's obligations, expenditures, and loan payments, among other
information. The Treasury OIG will approve final submissions that are determined to
be complete. After approval of the prime recipient's report, certain data fields that do
not change will be carried forward to reduce reporting burden in future quarters. All
prime recipient data will be captured on a quarterly and cumulative basis.
Reporting Timeline
By no later than September 21, 2020, the prime recipient's authorizing official shall
certify and submit via the GrantSolutions portal the first detailed quarterly report,
which shall cover the period of March 1 through June 30, 2020. Thereafter, quarterly
reporting will be due no later than 10 calendar days after the end of each calendar
quarter. If the 10th calendar day falls on a weekend or a Federal holiday, the due date
will be the next working day. For example, the period July 1 through September 30,
2020, must be reported no later than Tuesday, October 13, 2020 (considers that the
10th calendar is on a weekend and the following Monday is a Federal Holiday).The
table below summarizes the quarterly reporting timeline for prime recipients of
Coronavirus Relief Fund payments.
Reporting
Cycle
Reporting Period Reporting Due
Date
OM Review Period Data Extract to
PRAC
Cycle 1
Cycle 2
Cycle 3
Cycle 4
3/1-6/30/2020
7/1-9/30/2020
10/1-12/31/2020
1/1-3/31/2021
4/1-6/30/2021
7/1-9/30/2021
9/21/2020
10/13/2020
1/11/2021
4/12/2021
7/12/2021
10/12/2021
9/22-29/2020
10/14-20/2020
1/12-20/2021
4/13-20/2021
7/13-20/2021
10/13-20/2021
9/30/2020
10/21/2020
1/21/2021
4/21/2021
7/21/2021
10/21/2021
Page 5 of 6
Reporting Preparation and Training
To prepare for the initial reporting cycle, each prime recipient should ensure that any
current or potential sub -recipients are registered in SAM.gov.5 While each prime
recipient is responsible for reporting on its sub -recipients, sub -recipient registration in
SAM.gov will enable detailed sub -recipient data to be imported into the
GrantSolutions portal. Therefore, the prime recipient should require that sub -recipients
register with SAM.gov prior to September 1, 2020.
In anticipation of GrantSolutions portal becoming operational on September 1, 2020,
training will be provided on portal access and use during the last week of August
2020.
Reporting Questions
For questions regarding eligible uses of Coronavirus Relief Fund payments, please first
consult Treasury's Guidance for State, Territorial, Local, and Tribal Governments and
Treasury's Coronavirus Relief Fund Frequently Asked Questions documents which are
located at https://home.treasury.gov/policy-issues/cares/state-and-local-governments.
You may also contact Treasury OIG with questions about reporting requirements at
CARES@oig.treas.gov or Monday through Friday from 8:00 a.m. to 5:00 p.m. EST, at
1 (855)-584-4853.
Thank you and we appreciate your compliance with these reporting requirements.
5 The System for Award Management (SAM) is an official website of the U.S. government. Entities are required to
register at SAM.gov to do business with the U.S. government.
Page 6 of 6
Attachment A
DESIGNATION OF AUTHORITY
Instructions for Completion
The Designation of Authority Form should be completed in its entirety, listing the name and information
for all representatives who will be authorized agents for the Miami -Dade County (County) Coronavirus Aid,
Relief, and Economic Security Act (CARES Act) Corona Relief Fund (CRF) Program. The form is divided
into six blocks; each block must be completed where appropriate.
Block 1: "Authorized Agent" — This should be the highest authority in your Municipality who is authorized
to sign legal documents on behalf of your Municipality. (Only one Authorized Agent is allowed).
Block 2: "Primary Agent" — This is the person designated by your Municipality to receive all
correspondence and is our main point of contact. This contact will be responsible for answering
questions, uploading documents, and submitting reports/requests in the County's Grants Management
System. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all
intemal stakeholders on all Program activities. (Only one Primary Agent is allowed).
Block 3: "Alternate Agent" — This is the person designated by your Municipality to be available when
the Primary is not. (Only one Alternate Agent is allowed).
Block 4, 5, and 6: "Authorized Agent to Request Funds/Reimbursements" — These are the persons
authorized to excecute requests for reimbursement, certification, or other required documents on behalf of
the Municipality.
Page 1 of 2
DESIGNATION OF AUTHORITY
CORONVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT)
CORONA RELIEF FUND (CRF) PROGRAM
Municipality:
Box 1: Authorized Agent
Box 2: Primary Agent
Agent's Name
Agent's Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Box 3: Alternate Agent
Box 4: Authorized Agent to Request Funds/Reimbursements
Agent's Name
Official's Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Box 5: Authorized Agent to Request Funds/Reimbursements
Box 6: Authorized Agent to Request Funds/Reimbursements
Agent's Name
Agent's Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
The above Primary and Alternate Agents are hereby authorized to execute and sign the Interlocal and other pertinent documents related to the CARES
Act CRF Program. The persons designated in boxes 4 through 6 are authorized to excecute requests for reimbursement, certification, or other required
documents on behalf of the Municipality.
Municipality Authorized Agent Signature
Date
Page 2 of 2
OFFICE OF THE MAYOR
MIAMI-DADE COUNTY, FLORIDA
CARLos A. GlMR,NEz
MAYOR
July 28, 2020
Mr. John E. Pate
City Manager
City of Opa-Locka
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Dear Mr. Pate:
At a special meeting of the Miami -Dade Board of County Commissioners (Board) on Monday, July 27,
2020, the Board held an extensive discussion to understand the scenarios by which Miami -Dade County
would provide a share of its Coronavirus Aid, Relief, and Economic Security Act (CARES Act) allocation
to support the 34 municipalities across the County.
The Board was supportive of a process by which the administration can collaborate with the municipalities
to determine the expenses incurred and anticipated and establish a process to gather the information and
determine eligibility. At this point, the County is willing to support the municipalities by covering the local
match for eligible Federal Emergency Management Agency (FEMA) expenses incurred or that will be
incurred through the FEMA deadline of October 23, 2020, as well as other pandemic response related
expenditures that are eligible for reimbursement from the CARES Act. Attached is a form for your use to
submit the expenses for which you would be requesting FEMA and CARES Act reimbursement. This
spreadsheet includes information regarding eligible expenses under the CARES Act, as well as the link to
the Department of Treasury website for more information.
In order to get the funding to you as quickly as possible, please submit your request via email to
Jennifer.Moonamiamidade.gov no later than Monday, August 3, 2020. In order to be able to process
reimbursements of eligible expenses, an interlocal agreement between Miami -Dade County and each
municipality must be executed. We are currently preparing this agreement and will forward as soon as it
is available.
If you have any questions, please feel free to contact me via email or by phone at 305-375-5882.
Sincerely,
Jennifer Moon, Dep Mayor
Miami -Dade County
c: Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Honorable Carlos A. Gimenez, Mayor, Miami -Dade County
Honorable Matthew Pigatt, Mayor, City of Opa-Locka
STEPHEN P. CLARK • 111 N.W. FIRST STREET • 29TH FLOOR • MIAMI, FLORIDA 33128-1930 • 305-375-5071