HomeMy Public PortalAbout21-9915 American Rescue PlanSponsored By: City Manager
RESOLUTION NO. 21-9915
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER TO SERVE AS THE
CITY'S AUTHORIZED REPRESENTATIVE FOR THE
AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL
FISCAL RECOVERY FUND AGREEMENT AND ANY
RELATED AGREEMENTS AND PERMITTING THE
EXECUTION OF DOCUMENTS NECESSARY TO RECEIVE
AND ADMINISTER FUNDS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND FOR
OTHER PURPOSES.
WHEREAS, on May 10, 2021, the U.S. Department of Treasury announced the
launch of the Coronavirus State and Local Fiscal Recovery Funds (SLFRF),
established by the American Rescue Plan Act of 2021, (ARPA); and
WHEREAS, instead of directly receiving payments from the U.S. Treasury,
Non -entitlement Unit (NEU) governments will receive designated funding
allocations from the State of Florida's SLFRF; and
WHEREAS, in order to receive funding through this program, the City must
execute the required funding agreement prepared by the U.S. Treasury and the
Florida Department of Emergency Management (FDEM); and
WHEREAS, the U.S. Department of Treasury will distribute $7,957,062 in two
tranches. Specifically, the ARPA required the first tranche to be scheduled not later
than 60 days after the enactment of the ARPA and the second tranche will be paid
not earlier than 12 months after the date on which the first tranche is paid to the
City; and
WHEREAS, the City of Opa-Locka filed its submission to the Treasury
Submission Portal for Coronavirus State and Local Fiscal Recovery Funds on August
18, 2021; and
WHEREAS, the City of Opa-Locka received direct payment of the first
tranche on September 10, 2021, in the amount of $3,978,531 and expects to receive
$3,978,531 in May of 2022; and
Resolution No. 21-9915
WHEREAS, the City Commission desires to accept and execute the American
Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement, attached
hereto as Exhibit "A"; and
WHEREAS, the City Commission further desires to formally acknowledge
and accept the allocation of the Coronavirus State and Local Fiscal Recovery Funds
as well as designate a point person for all other related SLFR and ARPA documents
by authorizing the City Manager to serve as the Authorized Representative to
receive and execute the necessary documents on behalf of the City.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA:
Section 1. Recitals.
The recitals to the preamble here are incorporated by reference.
Section 2. Authorization
The City Commission of the City of Opa-Locka hereby approves the American
Rescue Plan Act (ARPA) Funding Agreement, attached hereto as Exhibit "A" and
authorizes the City Manager to serve as the Authorized Representative to receive
and execute all Coronavirus State and Local Fiscal Recovery Funds (SLFRF) and
American Rescue Plan Act of 2021 (ARPA) documents on behalf of the City.
Section 3. Scrivener's Errors
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager or the City Manager's designee, without the need of a public hearing, by
filing a corrected copy of same with the City Clerk.
Section 4. Effective Date
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
Section 4. Effective Date
PASSED AND ADOPTED this 22nd day of September, 2021.
Matthew'higatt, Mayor
2
Resolution No. 21-9915
Attest to:
a Flores
City Clerk
Moved by: Commissioner Taylor
Seconded by: Commissioner Bass
VOTE: 5-0
Commissioner Bass YES
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
Approved as to form and legal sufficiency:
Burnadette Norris -W
City Attorney
ks, P.A.
3
City of Opa-Locks
Agenda Cover Memo
Department
Director:
Department
Director Signature:
City
Manager:
John E. Pate, City Manager
CM Signature:
7.-----‘
Commission
Meeting
Date:
09/22/2021
Item Type:
(EnterXin box)
Resolution
Or i i ' . nce
Other
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
x
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
Funding
Source:
Account# :
General Fund
Enterprise
Fund
Special Law
Enforcement
Fund
(Enter Fund &
Dept)
Ex:
General Fund
Enterprise
Fund
Advertising Requirement:
(EnterXin box)
Yes
No
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(EnterXin box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
MI
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
x
MI
mI
•
•
MI
Sponsor
Name
City Manager
Department: f
Finance
City Manager
Short Title:
A resolution of the City Commision of the City of Opa-locka to approve, The American Rescue Plan Act
(ARPA) of 2021 which establishes a $350 billion Coronavirus State & Local Fiscal Recovery Fund
(SLFRF). Monies from this fund are distributed to eligible state, territorial, city, county, tribal, and other
governments in accordance with federal law and guidelines. Allowable uses for these funds are limited to
categories established by the ARPA and the corresponding rules developed by the U.S. Treasury.
Staff Summary:
To receive funding through this program, the City must execute the required funding agreement that has
been prepared by the U.S. Treasury and the Florida Department of Emergency Management (FDEM).
Proposed Action:
Approving and authorizing the City Manager to act as the City's authorized representative for the American
Rescue Plan Act (ARPA) coronavirus local fiscal recovery fund agreement and any related agreements and
documents necessary to receive and administer said funds; providing for conflicts; providing for severability.
Attachment:
See American Rescue Plan Act (ARPA) Fund Agreement and Breaking Down the American Rescue Plan Act: What
Cities Need to Know — Florida League of Cities
Matthew A. Pigatt
Mayor
Veronica Williams
Vice Mayor
Chris Davis
Commissioner
Sherelean Bass
Commissioner
John Taylor
Commissioner
John E. Pate
City Manager
Joanna Flores
City Clerk
Bernadette Norris -
Weeks
City Attorney
Cif% <(y
gq0
Date: September 13, 2021
To: John E. Pate, City Manager
From: Gerri Lazarre, CPA, Finance Department Consultant
RE: American Rescue Plan Act (ARPA) Funding Agreement
In the City Commission meeting to be held on September 15, 2021, the American Rescue
Plan Act (ARPA) Funding Agreement will be presented by Mr. John E. Pate, City
Manager.
Exhibit
American Rescue Plan Act (ARPA) Funding Agreement
Breaking Down the American Rescue Plan Act:
What Cities Need to Know
—Florida League of Cities
End
Finance Department 1 780 Fisherman Street, 4'h Floor, Opa-locka, FL 33054 I Phone 305-953-2868 ext. 1303 1
Agreement Number: Y5243
Unique Identifier Code: FL0236
AMERICAN RESCUE PLAN ACT
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT
This Agreement is entered into by and between the State of Florida, Division of Emergency Management (the
"Division") and Opa-Locka, City of (the "Non -Entitlement Unit" or "Recipient").
RECITALS
A. Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2, §9901) added section 603(a) to the
Social Security Act ("ARPA"), which created the Coronavirus Local Fiscal Recovery Fund for the purpose of
providing funds to local governments in order to facilitate the ongoing recovery from the COVID-19 pandemic
("Fiscal Recovery Funds"); and
B. Following the enactment of ARPA, the U.S. Department of the Treasury ("Treasury" or "Secretary") released formal
and informal guidance regarding implementation of ARPA, including the disbursement and expenditure of Fiscal
Recovery Funds, including Treasury Interim Final Rule, 31 CFR pt. 35, 2021, attending rule guidance published
in the Federal Register, Volume 86, No 93,', and informal guidance made publicly available by Treasury, which
may be amended, superseded, or replaced during the term of this Agreement ("Treasury Guidance"); and
C. ARPA allocated $7,105,927,713.00 for making payments to metropolitan cities, non -entitlement units of local
govemment, and counties in Florida, 21% of which is to be paid directly to metropolitan cities in Florida, 59% of
which was paid directly to counties in Florida, and 20% of which is to be paid to the State of Florida for distribution
to non -entitlement units of local govemment; and
D. The Secretary disbursed $5,689,502,590.00 of these funds directly to metropolitan cities and counties; and
E. A remaining balance of $1,416,425,123.00 was reserved for the State of Florida to disburse to non -entitlement
units of local government; and
F. The Division has received these funds from the Secretary through the State of Florida in accordance with the
provisions of ARPA; and
G. Pursuant to the provisions of ARPA, the Division is the state entity responsible for disbursing the funds to the
Recipient under this Agreement; and
H. The Recipient is fully qualified and eligible to receive this funding in accordance with ARPA for the purposes
identified therein.
Therefore, in consideration of the mutual promises, terms and conditions contained herein, the Division and the Recipient
agree as follows:
(1) RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference.
(2) TERM. This Agreement shall be effective upon execution and shall end on December 31, 2024, unless terminated
earlier in accordance with the provisions of this Agreement. Upon expiration or termination of this Agreement for any
reason, the obligations which by their nature are intended to survive expiration or termination of this Agreement will
survive.
(3)
FUNDING. The State of Florida, through the Division, will make a disbursement of each non -entitlement unit of local
govemment's allocation based on the list of non -entitlement units published by Treasury and based upon the State's
calculation of the Recipient's proportional share of the total population of all non -entitlement units in the State. The
total Fiscal Recovery Funds allocation for Recipient under this Agreement is $7,957,062.00.
(4) USE OF FISCAL RECOVERY FUNDS
a. The State, through the Division, will —within 30 days of receiving payment from the Secretary, or within such
other time period as may be permitted by the Secretary —make an initial disbursement to the non -entitlement
1 https://www.regulations.gov/document/TREAS-DO-2021-0008-0002 1 Federal Register, Vol. 86, No. 93, Pg. 26786
("Federal Register")
1
unit of local government of 50% of the total amount allocated to the non -entitlement unit.2 Not earlier than 12
months from the date upon which the State makes the initial disbursement, the Secretary is expected to
release the Second Tranche amount to the State. The State will —within 30 days of receiving payment from
the Secretary, or within such other time period as may be permitted by the Secretary —make a second
disbursement to the non -entitlement unit of local government.
b. Recipients may use payments for any expenses eligible under ARPA Coronavirus State and Local Fiscal
Recovery Funds. Payments are not required to be used as the source of funding of last resort.
c. ARPA requires that Fiscal Recovery Funds may only be used to cover expenses incurred by the non -
entitlement unit of local govemment by December 31, 20243, such as:
i. to respond to the public health emergency with respect to COVID-19 or its negative economic impacts,
including assistance to households, small businesses, and nonprofits, or aid to impacted industries
such as tourism, travel, and hospitality;
ii. to respond to workers performing essential work during the COVID-19 public health emergency by
providing premium pay to eligible workers of the non -entitlement unit of local govemment that are
performing such essential work, or by providing grants to eligible employers that have eligible workers
who perform essential work;
iii. for the provision of govemment services to the extent of the reduction in revenue of such non -
entitlement unit of local govemment due to the COVID-19 public health emergency relative to
revenues collected in the most recent full fiscal year of the non -entitlement unit of local government;
or
iv. to make necessary investments in water, sewer, or broadband infrastructure.
d. As specified in the Treasury Guidance, Eligible Use of Fiscal Recovery Funds falls under four categories,
including (1) Public Health and Economic Impacts, (2) Premium Pay for Essential Workers, (3) Revenue Loss,
and (4) Investments In Infrastructure.
i. Public Health and Economic Impacts: Examples of eligible uses of Fiscal Recovery Funds under this
category include, but are not limited to:
1. COVID-19 Mitigation and Prevention expenses, such as vaccination programs, medical care,
testing, personal protective equipment (PPE), and ventilation improvements;4
2. Medical expenses, including both current expenses and future medical services for
individuals experiencing prolonged symptoms and health complications from COVID-19;5
3. Payroll expenses for public safety, public health, health care, human services, and other
similar employees, to the extent that their services are devoted to mitigating or responding to
COVID-19;6
4. Efforts to remedy the economic impact of the COVID-19 public health emergency on
households, individuals, businesses, and state, local, and tribal governments? and
5. Efforts to remedy pre-existing economic disparities which were exacerbated by the COVID-
19 public health emergency.8
ii. Premium Pay: Fiscal Recovery Funds may also be used to provide premium pay to essential workers,
per Treasury Guidance's definition of "essential work."9 Examples of essential workers include, but
are not limited to:
1. Staff at nursing homes, hospitals, and home care settings;
2. Workers at farms, food production facilities, grocery stores, and restaurants;
3. Janitors, truck drivers, transit staff, and warehouse workers
4. Public health and safety staff;
5. Childcare workers, educators, and other school staff; and
2 "First Tranche Amount," American Rescue Plan Act of 2021, H.R. s. 601(b)(7) "Timing"
3 https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-
Governments.pdf
4 See Federal Register, pg. 26790.
5 Id.
6 Id. at. 26791
7 Id at 26791-26797
8
9 Id. at 26797
2
6. Social service and human services_staff.t0_
iii. Revenue Loss: Recipients may use Fiscal Recovery Funds for the provision of govemment services
to the extent of the reduction in revenue experienced due to the COVID-19 Public Health
Emergency."
iv. Investments in Infrastructure: Treasury Guidance specifies that Fiscal Recovery Funds may be used
to improve access to clean drinking water, Improve wastewater and stormwater infrastructure
systems, and provide access to high -quality broadband services.12
e. Additional guidance regarding eligible uses of Fiscal Recovery Funds, as well as impermissible uses (including
for pensions or to offset revenue losses from tax reductions) is set forth in Treasury Guidance.
(5)
LAWS, RULES. REGULATIONS. AND POLICIES
a. Performance under this Agreement is subject to the applicable provisions of 2 CFR Part 200,
entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards" including the cost principles and restrictions on general provisions for selected
Items of cost.
1 The following 2 CFR policy requirements apply to this assistance Iisting13:
• Subpart B, General provisions;
• Subpart C, Pre -Federal Award Requirements and Contents of Federal Awards;
• Subpart D, Post Federal; Award Requirements;
• Subpart E, Cost Principles; and
• Subpart F, Audit Requirements.
ii. The following 2 CFR policy requirements also apply to this assistance listing: 2 C.F.R.
Part 25, Universal Identifier and System for Award Management; 2 C.F.R. Part 170,
Reporting Subaward and Executive Compensation Information; and 2 C.F.R. Part 180,
OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Non -
procurement). The following 2 CFR Policy requirements are excluded from coverage
under this assistance listing: For 2 C.F.R. Part 200, Subpart C; 2 C.F.R. § 200.204
(Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency
review of merit of proposal); 2 C.F.R. § 200.210 (Pre -award costs);and 2 C.F.R. §
200.213 (Reporting a determination that a non -Federal entity is not qualified for a
Federal award). For 2 C.F.R. Part 200, Subpart D, the following provisions do not apply
to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2
C.F.R. § 200.309 (modifications to period of performance); C.F.R. § 200.305 (b)(8) and
(9) (Federal Payment).
b. In addition to the foregoing, the Recipient and the Division will be governed by all applicable State and Federal
laws, rules and regulations, including those identified in Attachment C. Any express reference In this
Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation
applies.
(6) NOTICES
a. All notices under this Agreement shall be made in writing to the individuals designated in this paragraph. In
the event that different representatives or addresses are designated by either party after execution of this
Agreement, notice of the new name, title and contact information of the new representative will be promptly
provided to the other party, and no modification to this Agreement is required.
b. In accordance with section 215.971(2), Florida Statutes, the Division's Program Manager will be responsible
for enforcing performance of this Agreement's terms and conditions and will serve as the Division's liaison
10 !d.
11 Id. at 26799
12 Id. at 26802
13 As defined in 2 C.F.R. § 200.1
3
with the Recipient. As part of his/her duties, the Program Manager for the Division will monitor and document
Recipient performance.
c. The Division's Program Manager for this Agreement is:
Erin White
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-815-4458
Email: Erin.White@em.myflorida.com
d. The name and address of the representative responsible for the administration of this Agreement is:
Melissa Shirah
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-815-4455
Email: Melissa.Shirah@em.myflorida.com
e. The contact information of the representative of the Recipient is:
Authorized Representative:
Title:
Address:
Telephone:
Email:
(7) PAYMENT
a. In order to obtain funding under this Agreement, the Recipient must file with the Division Program Manager
information and documentation, including but not limited to the following:
I. Local government name, Entity's Taxpayer Identification Number, DUNS number, and address;
11. Authorized representative name, title, and email;
iii. Contact person name, title, phone, and email;
iv. Financial institution information (e.g., routing and account number, financial institution name and
contact information);
v. Total NEU budget (defined as the annual total operating budget, including general fund and other
funds, in effect as of January 27, 2020) or top -line expenditure total (in exceptional cases in which the
NEU does not adopt a formal budget);
vi. Signed Assurances of Compliance with Title VI of the Civil Rights Act of 1964. (Attachment D); and
vii. Signed Award Terms and Conditions Agreement (Attachment E).
b. Payment requests must include a certification, signed by an official who is authorized to legally bind the
Recipient, which reads as follows:
By signing this report, I certify to the best of my knowledge and belief that the report is true,
complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am
aware that any false, fictitious, or fraudulent information, or the omission of any material fact,
may subject me to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and
3801-3812).
4
(8) RECORDS _
a. As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6)(c) and
215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida
Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents,
financial statements, papers, or other records of the Recipient 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 Recipient's personnel for the purpose of interview and discussion related to such
documents. For the purposes of this section, the term "Recipient" Includes employees or agents, including all
subcontractors or consultants to be paid from funds provided under this Agreement.
b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the
appropriate retention schedule published by the Florida Department of State. Information regarding retention
schedules can be obtained at: httpJ/dos.myforida.com/library-anchives/records-management/general-
records-schedules/.
c. Florida's Govemment in the Sunshine Law (section 286.011, Florida Statutes) provides the citizens of Florida
with a right of access to govemmental proceedings and mandates three, basic requirements: (1) all meetings
of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be
given; and (3) minutes of the meetings must be taken and promptly recorded.
d. Florida's Public Records Law provides a right of access to the records of the state and local governments as
well as to private entities acting on their behalf. Unless specifically exempted from disclosure by Florida
Statute, all materials made or received by a govemmental agency (or a private entity acting on behalf of such
an agency) In conjunction with official business which are used to perpetuate, communicate, or formalize
knowledge qualify as public records subject to public inspection.
IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(9) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient must follow
Generally Accepted Accounting Principles ("GAAP"). As defined by 2 CFR §200.49, "GAAP has the meaning
specified in accounting standards issued by the Govemment Accounting Standards Board (GASB) and the
Financial Accounting Standards Board (FASB).
b. When conducting an audit of the Recipient's performance under this Agreement, the Division must use
Generally Accepted Govemment Auditing Standards ("GAGAS"). As defined by 2 CFR §200.50, "GAGAS,
also known as the Yellow Book, means generally accepted govemment auditing standards issued by the
Comptroller General of the United States, which are applicable to financial audits.
c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions
of and strict compliance with this Agreement and with Section 603(c) of the Social Security Act, the Recipient
will be held liable for reimbursement to the Secretary of all funds used in violation of these applicable
regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of
such non-compliance.
d. The Recipient must have all audits completed by an independent auditor, which is defined in section
215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473."
The independent auditor must state that the audit complied with the applicable provisions noted above. The
audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year.
e. The Recipient must send copies of reporting packages required under this paragraph directly to each of the
following:
The Division of Emergency Management
DEMSingle_Audit@em.mytlorida.com
5
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the
related provisions of the Uniform Guidance.
(10) REPORTS
a. The Recipient must provide the Secretary with periodic reports providing a detailed accounting of the uses of
such funds by such non -entitlement unit of local govemment including such other information as the Secretary
may require for administration of the Coronavirus Local Fiscal Recovery Fund. Concurrently, Recipients must
provide to the Division a copy of the report given to the Secretary.
b. Failure by Recipient to submit all required reports and copies may result in the Division's withholding of further
payments until all such documents are submitted to the Division and deemed to be satisfactory.
c. The Recipient must provide additional program updates or information if requested by the Division.
(11) LIABILITY.
Any Recipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees
to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent
set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this
Agreement.
(12) TERMINATION
a. The Division may terminate this Agreement immediately for cause upon written notice to Recipient. Cause
includes, but is not limited to, misuse of funds, fraud, non-compliance with ARPA, Treasury Guidance, or other
applicable rules, laws and regulations, or failure by the Recipient to afford timely public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes.
b. The Division may terminate this Agreement for convenience upon thirty (30) days' prior written notice to
Recipient.
c. In the event this Agreement is terminated, the Recipient must not incur new obligations for the terminated
portion of this Agreement after it has received the notification of termination. The Recipient must cancel as
many outstanding obligations as possible. Obligations incurred after receipt of the termination notice will be
disallowed. The Recipient will not be relieved of liability to the Division because of any breach of this
Agreement by the Recipient. The Division may, if and to the extent permitted by ARPA and Treasury
Guidance, withhold payments to the Recipient for the purpose of set-off until the exact amount due the Division
from the Recipient is determined and resolved.
(13) MISCELLANEOUS
a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and
materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a
Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said
information, representations, and materials is incorporated by reference. The inaccuracy of the submissions
6
or any material changes will, at the option of the Division and with thirty (30) days written notice to the
Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to
the Recipient.
b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising
out of this Agreement will be in the Circuit Court of Leon County. If any provision of this Agreement is in
conflict with any applicable statute or rule, or is unenforceable, then the provision is null and void to the extent
of the conflict, and is severable, but does not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this Agreement will survive
the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an
original.
e. The Recipient 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 govemment services, and
telecommunications.
f. The Recipient must comply with any Statement of Assurances incorporated as Attachment D.
g. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on
the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and
may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
h. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida
Statutes, or the Florida Constitution.
i. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof.
j. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida Statutes.
k. This Agreement, upon execution, contains the entire agreement of the parties and no prior written or oral
agreement, express or implied, shalt be admissible to contradict the provisions of this Agreement.
I. This Agreement may not be modified except by formal written amendment executed by both of the parties.
m. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, they must use
the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 603 of the Social Security Act and the Guidance on eligible expenses. If a govemment deposits
Fiscal Recovery Fund payments In a government's general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended. The State of Florida will not intentionally award publicly -funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the
INA will be grounds for unilateral cancellation of this Agreement by the Division.
n. The Recipient is subject to Florida's Govemment in the Sunshine Law (section 286.011, Florida Statutes) with
respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings must be publicly noticed, open to the public,
and the minutes of all the meetings will be public records, available to the public in accordance with Chapter
119, Florida Statutes.
o. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for
State Expenditures.
p. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by
this Agreement only for allowable costs resulting from obligations incurred during the specific agreement
period.
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q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for
direct program costs in a subsequent period must be refunded to the Secretary.
r. If the purchase of the asset was consistent with the limitations on the eligible use of Fiscal Recovery Funds
provided by ARPA and Treasury Guidance, the Recipient may retain the asset. If such assets are disposed
of prior to December 31, 2024, the proceeds would be subject to the restrictions on the eligible use of Fiscal
Recovery Funds provided by ARPA.
(14) LOBBYING PROHIBITION
a. 2 CFR §200.450 prohibits reimbursement for costs associated with certain lobbying activities.
b. Section 216.347, Florida Statutes, prohibits any disbursement of grants and aids appropriations pursuant to
a contract or grant to any person or organization unless the terms of the grant or contract prohibit the
expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly
to influence legislation or any other official action by the Florida Legislature or any state agency.
d. The Recipient certifies the following:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, 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.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the Recipient must complete and submit
Standard Form-LLL, 'Disclosure of Lobbying Activities."
iii. The Recipient must require that this certification be included in the award documents for all subawards
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all Recipients shall certify and disclose.
iv. 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.
(15) REQUIRED CONTRACTUAL PROVISIONS
a. EQUAL OPPORTUNITY EMPLOYMENT
i. In accordance with 41 CFR §60-1.4(b), the Recipient hereby agrees that it will incorporate or cause
to be incorporated into any contract for construction work, or modification thereof, as defined in the
regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Govemment or borrowed on the credit of the Federal Govemment
pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity
clause:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
8
a . E m p l o y m e n t , u p g r a d i n g , d e m o t i o n , _ . o r _ t r a n s f e r ; r e c r u i t m e n t o r r e c r u i t m e n t
a d v e r t i s i n g ; l a y o f f o r t e r m i n a t i o n ; r a t e s o f p a y o r o t h e r f o r m s o f c o m p e n s a t i o n ; a n d
s e l e c t i o n f o r t r a i n i n g , i n c l u d i n g a p p r e n t i c e s h i p . T h e c o n t r a c t o r a g r e e s t o p o s t i n
c o n s p i c u o u s p l a c e s , a v a i l a b l e t o e m p l o y e e s a n d a p p l i c a n t s f o r e m p l o y m e n t , n o t i c e s
t o b e p r o v i d e d s e t t i n g f o r t h t h e p r o v i s i o n s o f t h i s n o n d i s c r i m i n a t i o n c l a u s e .
2 . T h e c o n t r a c t o r w i l l , i n a l l s o l i c i t a t i o n s o r a d v e r t i s e m e n t s f o r e m p l o y e e s p l a c e d b y o r o n b e h a l f
o f t h e c o n t r a c t o r , s t a t e t h a t a l l q u a l i f i e d a p p l i c a n t s w i l l r e c e i v e c o n s i d e r a t i o n s f o r e m p l o y m e n t
w i t h o u t r e g a r d t o r a c e , c o l o r , r e l i g i o n , s e x , s e x u a l o r i e n t a t i o n , g e n d e r i d e n t i t y , o r n a t i o n a l
o r i g i n .
3 . T h e c o n t r a c t o r w i l l n o t d i s c h a r g e o r i n a n y o t h e r m a n n e r d i s c r i m i n a t e a g a i n s t a n y e m p l o y e e
o r a p p l i c a n t f o r e m p l o y m e n t b e c a u s e s u c h e m p l o y e e o r a p p l i c a n t h a s i n q u i r e d a b o u t ,
d i s c u s s e d , o r d i s c l o s e d t h e c o m p e n s a t i o n o f t h e e m p l o y e e o r a p p l i c a n t o r a n o t h e r e m p l o y e e
o r a p p l i c a n t . T h i s p r o v i s i o n s h a l l n o t a p p l y t o i n s t a n c e s i n w h i c h a n e m p l o y e e w h o h a s a c c e s s
t o t h e c o m p e n s a t i o n i n f o r m a t i o n o f o t h e r e m p l o y e e s o r a p p l i c a n t s a s a p a r t o f s u c h
e m p l o y e e '