HomeMy Public PortalAbout21-9928 Agreement with National Bank of FloridaSponsored By: City Manager
RESOLUTION NO. 21-9928
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH CITY
NATIONAL BANK OF FLORIDA TO PROVIDE PROFESSIONAL
BANKING SERVICES TO THE CITY OF OPA-LOCKA FOR THE
OPENING OF AN INTEREST BEARING CHECKING ACCOUNT TO
DEPOSIT THE ALLOCATION OF CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY FUNDS ESTABLISHED UNDER THE
AMERICAN RESCUE PLAN ACT (ARPA); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Resolution 14-8791, adopted in April 2014, the City
Manager received approval to execute an agreement with City National Bank to
provide professional banking services to the City of Opa-Locka ("City"); and
WHEREAS, the City of Opa-Locka, a recipient of the Coronavirus State and Local
Fiscal Recovery Funds is not subjected to the requirements of the Cash Management
Improvement Act and Treasury's implementing regulations at 31 CFR part 205 or 2 CFR
200.305(b)(8)-(9). A recipient can place funds in an interest -bearing account, and does
not need to remit interest to Treasury, and is not limited to using that interest for
eligible uses under the SLFRF award; and
WHEREAS, the City Commission of the City of Opa-Locka desires to authorize the
City Manager to negotiate and execute an agreement with City National Bank of Florida
for the opening of an interest bearing checking account to deposit the City's allocation
of American Rescue Plan Act (ARPA) Fiscal Recovery funds.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA- LOCKA, FLORIDA:
SECTION 1. The recitals to the preamble herein are incorporated by reference.
SECTION 2. The City Commission of the City of Opa-Locka, Florida hereby
authorizes the City Manager to negotiate and execute an agreement with City National
Resolution No. 21-9928
Bank to provide professional banking services to the City of Opa-Locka.
SECTION 3. 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 need of public hearing, by
filing a corrected copy of same with the City Clerk.
SECTION 4. This Resolution shall take effect upon the adoption and is subject to the
approval of the Governor or Governor's Designee.
PASSED and ADOPTED this 27th day of October, 2021.
Matthew A. Pigatt, Mayor
A(' TEST:
-jt,c>,),„
0
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Moved by: Commissioner Taylor
Seconded by: Vice Mayor Williams
VOTE: 4-0
Commissioner Bass YES
Commissioner Davis ABSENT
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
City of Opa-Locka
Agenda Cover Memo
Department
Director:
Gerri Lazarre, Acting Finance Director
Department
Director Signature:
DIQ-r-A9s,
;~
City
Manager:
John E. Pate, City Manager
CM Signature:
�/ r
Commission
Meeting
Date:
10/27/2021
Item Type:
(EnterX in box)
Resolution
Ordi . a e
Other
X
Fiscal
Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
x
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
Funding
Source:
Account# :
General Fund
Enterprise
Fund
Special Law
Enforcement
Fund
(Enter Fund &
Dept)
Ex:
Special
Revenue
Fund
Advertising Requirement:
(EnterX in box)
Yes
No
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
IN
Strategic Plan 04/Strategy:
(list the specific objective/strategy this
item will address)
X
•
is
MI
11111
M
Sponsor
Name
City Manager
Department:
Finance
City Manager
Short Title:
The City Manager to negotiate, enter into, and execute an agreement with City
National Bank of Florida.
Staff Summary
The City of Opa-locka, a recipient of Coronavirus State & Local Fiscal Recovery Funds can place funds in
an interest bearing account. The interest does not need to be remitted to the Department of the Treasury,
and are not limited to using that interest for eligible uses under the award.
Proposed Action:
The City Manager to negotiate, enter into, and execute an agreement with City National Bank
of Florida to provide professional banking services to the City of Opa-locka, FL for the
opening of an interest bearing checking account to deposit its allocation of Coronavirus
State And Local Fiscal Recovery Funds established by the American Rescue Plan Act
(ARPA).
Attachment:
American Rescue Plan Act (ARPA) Fund Agreement , New Account Information Form, Entity
Authorization Form, Truth in savings Disclosure
Matthew A. Pigatt
Mayor
Veronica Williams
Vice Mayor
Chris Davis
Commissioner
Sherlean Bass
Commissioner
John Taylor
Commissioner
John E. Pate
City Manager
Joanna Flores
City Clerk
Burnadette Norris -
Weeks
City Attorney
act5e
APA-gACIIA
tWorida
Date: October 25, 2021
To: John E. Pate, City Manager
From: Gerri Lazarre, CPA, Finance Department Consultant
RE: Coronavirus State and Local Fiscal Recovery Funds established by the American
Rescue Plan Act (ARPA) Fiscal Recovery Funds
In the Commission meeting being conducted on October 27, 2021 the City of Opa locka
approves and authorizes the City Manager to act as the City's authorized representative
for the Coronavirus State and Local Fiscal Recovery Funds established by the American
Rescue Plan Act (ARPA) agreement and any related agreements and documents
necessary to receive and administer said funds; providing for conflicts; providing for
severability.
Attachment
American Rescue Plan Act (ARPA) Fund Agreement
New Account Information Form
Entity Authorization Form
Truth in Saving Disclosure
End
Finance Department 1 780 Fisherman Street, 4th Floor, Opa-locka, FL 33054 I Phone 305-953-2868 ext.1303 I
U.S. DEPARTMENT OF THE TREASURY
SLFRF Funds may be, but are not required to be, used along with other funding sources
for a given project. Note that SLFRF Funds may not be used for a non -Federal cost share
or match where prohibited by other Federal programs, e.g., funds may not be used for the
State share for Medicaid.2
Treasury's Interim Final Rule and guidance and the Uniform Guidance outline the types of
costs that are allowable, including certain audit costs. For example, per 2 CFR 200.425,
a reasonably proportionate share of the costs of audits required by the Single Audit Act
Amendments of 1996 are allowable; however, costs for audits that were not performed, or
not in accordance with 2 CFR Part 200, Subpart F are not allowable. Please see 2 CFR
Part 200, Subpart E regarding the Cost Principles for more information.
a. Administrative costs: Recipients may use funds for administering the SLFRF
program, including costs of consultants to support effective management and
oversight, including consultation for ensuring compliance with legal, regulatory, and
other requirements.3 Further, costs must be reasonable and allocable as outlined in 2
CFR 200.404 and 2 CFR 200.405. Pursuant to the SLFRF Award Terms and
Conditions, recipients are permitted to charge both direct and indirect costs to their
SLFRF award as administrative costs. Direct costs are those that are identified
specifically as costs of implementing the SLFRF program objectives, such as
contract support, materials, and supplies for a project. Indirect costs are general
overhead costs of an organization where a portion of such costs are allocable to the
SLFRF award such as the cost of facilities or administrative functions like a director's
office.45 Each category of cost should be treated consistently in like circumstances as
direct or indirect, and recipients may not charge the same administrative costs to
both direct and indirect cost categories, or to other programs. If a recipient has a
current Negotiated Indirect Costs Rate Agreement (NICRA) established with a
Federal cognizant agency responsible for reviewing, negotiating, and approving cost
allocation plans or indirect cost proposals, then the recipient may use its current
NICRA. Altematively, if the recipient does not have a NICRA, the recipient may elect
to use the de minimis rate of 10 percent of the modified total direct costs pursuant to
2 CFR 200.414(f).
b. Salaries and Expenses: In general, certain employees' wages, salaries, and covered
benefits are an eligible use of SLFRF award funds. Please see Treasury's Interim
Final Rule for details.
3. Cash Management. SLFRF payments made to recipients are not Subject to the:
requirements of the Cash Management_ Improvement Act and Treasury's implementing
regulations at T- CFR part 205 or 2 CFR 20 -.305(b)(8)-(9).
As such, recipients can place funds in interest bearing accounts, do not need to remit
interest to -Treasury, and are not Limited to using that interest;for eligible uses under the:
SLFRF award
4. Eligibility. Under this program, recipients are responsible for ensuring funds are used for
eligible purposes. Generally, recipients must develop and implement policies and
procedures, and record retention, to determine and monitor implementation of criteria for
2 See 42 CFR 433.51 and 45 CFR 75.306.
3 Recipients also may use SLFRF funds directly for administrative costs to improve efficacy of
programs that respond to the COVID-19 public health emergency. 31 CFR 35.6(b)(10).
4 2 CFR 200.413 Direct Costs.
5 2 CFR 200.414 Indirect Costs.
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
7
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 govemments in order to facilitate the ongoing recovery from the COVID-19 pandemic
("Fiscal Recovery Funds"); and
B. Following the enactment of ARPA, the U.S. Department of the Treasury ("Treasury" or "Secretary") released formal
and informal guidance regarding implementation of ARPA, including the disbursement and expenditure of Fiscal
Recovery Funds, including Treasury Interim Final Rule, 31 CFR pt. 35, 2021, attending rule guidance published
in the Federal Register, Volume 86, No 93,1, and informal guidance made publicly available by Treasury, which
may be amended, superseded, or replaced during the term of this Agreement ("Treasury Guidance"); and
C. ARPA allocated $7,105,927,713.00 for making payments to metropolitan cities, non -entitlement units of local
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 government; and
D. The Secretary disbursed $5,689,502,590.00 of these funds directly to metropolitan cities and counties; and
E. A remaining balance of $1,416,425,123.00 was reserved for the State of Florida to disburse to non -entitlement
units of local government; and
F. The Division has received these funds from the Secretary through the State of Florida in accordance with the
provisions of ARPA; and
G. Pursuant to the provisions of ARPA, the Division is the state entity responsible for disbursing the funds to the
Recipient under this Agreement; and
H. The Recipient is fully qualified and eligible to receive this funding in accordance with ARPA for the purposes
identified therein.
Therefore, in consideration of the mutual promises, terms and conditions contained herein, the Division and the Recipient
agree as follows:
(1) RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference.
(2) TERM. This Agreement shall be effective upon execution and shall end on December 31, 2024, unless terminated
earlier in accordance with the provisions of this Agreement. Upon expiration or termination of this Agreement for any
reason, the obligations which by their nature are intended to survive expiration or termination of this Agreement will
survive.
(3) FUNDING. The State of Florida, through the Division, will make a disbursement of each non -entitlement unit of local
government's allocation based on the list of non -entitlement units published by Treasury and based upon the State's
calculation of the Recipient's proportional share of the total population of all non -entitlement units in the State. The
total Fiscal Recovery Funds allocation for Recipient under this Agreement is $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 government 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 government services to the extent of the reduction in revenue of such non -
entitlement unit of local govemment due to the COV1D-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.6
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.6 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.govlsystem/files/1361Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-
Govemments.pdf
4 See Federal Register, pg. 26790.
5 !d.
8 Id. at. 26791
!d at 26791-26797
81d.
9 Id. at 26797
2
6. Social service and human services staff.1°
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.11
iv. Investments in Infrastructure: Treasury Guidance specifies that Fiscal. Recovery Funds may be used
to improve access to clean thinking water, improve wastewater and stormwater infrastructure
systems, and provide access to high -quality broadband services.12
e. Additional guidance regarding eligible uses of Fiscal Recovery Funds, as well as impermissible uses (including
for pensions or to offset revenue losses from tax reductions) is set forth in Treasury Guidance.
(5)
LAWS. RULES, REGULATIONS, AND POLICIES
a. Performance under this Agreement is subject to the applicable provisions of 2 CFR Part 200,
entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards" including the cost principles and restrictions on general provisions for selected
items of cost.
i. The following 2 CFR policy requirements apply to this assistance listing13:
• Subpart B, General provisions;
• Subpart C, Pre -Federal Award Requirements and Contents of Federal Awards;
• Subpart D, Post Federal; Award Requirements;
• Subpart E, Cost Principles; and
• Subpart F, Audit Requirements.
ii. The following 2 CFR policy requirements also apply to this assistance listing: 2 C.F.R.
Part 25, Universal Identifier and System for Award Management; 2 C.F.R. Part 170,
Reporting Subaward and Executive Compensation Information; and 2 C.F.R. Part 180,
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 govemed 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 accordanc e 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 govemment name, Entity's Taxpayer Identification Number, DUNS number, and address;
ii. Authorized representative name, title, and email;
iii. Contact person name, title, phone, and email;
iv. Financial institution information (e.g., routing and account number, financial institution name and
contact information);
v. Total NEU budget (defined as the annual total operating budget, including general fund and other
funds, in effect as of January 27, 2020) or top -line expenditure total (in exceptional cases in which the
NEU does not adopt a formal budget);
vi. Signed Assurances of Compliance with Title VI of the Civil Rights Act of 1964. (Attachment D); and
vii. Signed Award Terms and Conditions Agreement (Attachment E).
b. Payment requests must include a certification, signed by an official who is authorized to legally bind the
Recipient, which reads as follows:
By signing this report, I certify to the best of my knowledge and belief that the report is true,
complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am
aware that any false, fictitious, or fraudulent information, or the omission of any material fact,
may subject me to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and
3801-3812).
4
(8) 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: http://dos.myflorida.com/library-archives/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.myflorida.com
5
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ii.
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the
related provisions of the Uniform Guidance.
(10) REPORTS
a. The Recipient must provide the Secretary with periodic reports providing a detailed accounting of the uses of
such funds by such non -entitlement unit of local government including such other information as the Secretary
may require for administration of the Coronavirus Local Fiscal Recovery Fund. Concurrently, Recipients must
provide to the Division a copy of the report given to the Secretary.
b. Failure by Recipient to submit all required reports and copies may result in the Division's withholding of further
payments until all such documents are submitted to the Division and deemed to be satisfactory.
c. The Recipient must provide additional program updates or information if requested by the Division.
(11) LIABILITY.
Any Recipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees
to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent
set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this
Agreement.
(12) TERMINATION
a. The Division may terminate this Agreement immediately for cause upon written notice to Recipient. Cause
includes, but is not limited to, misuse of funds, fraud, non-compliance with ARPA, Treasury Guidance, or other
applicable rules, laws and regulations, or failure by the Recipient to afford timely public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes.
b. The Division may terminate this Agreement for convenience upon thirty (30) days' prior written notice to
Recipient.
c. In the event this Agreement is terminated, the Recipient must not incur new obligations for the terminated
portion of this Agreement after it has received the notification of termination. The Recipient must cancel as
many outstanding obligations as possible. Obligations incurred after receipt of the termination notice will be
disallowed. The Recipient will not be relieved of liability to the Division because of any breach of this
Agreement by the Recipient The Division may, if and to the extent permitted by ARPA and Treasury
Guidance, withhold payments to the Recipient for the purpose of set-off until the exact amount due the Division
from the Recipient is determined and resolved.
(13) MISCELLANEOUS
a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and
materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a
Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said
information, representations, and materials is incorporated by reference. The inaccuracy of the submissions
6
or any 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 taws 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 government 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, shall 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 eamed or other proceeds of these investments only to cover expenditures incurred in accordance
with section 603 of the Social Security Act and the Guidance on eligible expenses. If a government deposits
Fiscal Recovery Fund payments in a government's general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended. The State of Florida will not intentionally award publicly -funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the
INA will be grounds for unilateral cancellation of this Agreement by the Division.
n. The Recipient is subject to Florida's 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.
7
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 Government
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. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
3. The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to fumish information.
4. The contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will fumish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules, regulations, or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further Govemment contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
8. The contractor will indude the portion of the sentence immediately preceding paragraph
1(a)(ii) of this section and the provisions of subparagraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as the administering agency
may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
b. COPELAND ANTI -KICKBACK ACT
i. The Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be
incorporated into any contract for construction work, or modification thereof, the following clause:
9
"Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 CFR pt. 3 as may be applicable, which are incorporated by reference
into this contract."
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause in
subsection b(i) above and such other clauses as the Secretary may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and
for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12.
c. CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000
and involves the employment of mechanics or laborers, then any such contract must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation.
d. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000,
then any such contract must include the following provision:
"Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA)."
e. SUSPENSION AND DEBARMENT
If the Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract
must include the following provisions:
i. This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such
the contractor is required to verify that neither the contractor, its principals (defined at 2 CFR §
180.995), nor its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940)
or disqualified (defined at 2 CFR § 180.935).
ii. The contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction into which
it enters.
iii. This certification is a material representation of fact relied upon by the Division. If it is later determined
that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Govemment may pursue available
remedies, including, but not limited to, suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2
CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
10
f. BYRD ANTI -LOBBYING AMENDMENT
If the Recipient enters into a contract using funds authorized by this Agreement, then any such contract must
include the following clause:
"Byrd Anti -Lobbying Amendment, 31 USC § 1352 (as amended). Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the Recipient."
(16) ATTACHMENTS. The parties agree to, and incorporate as though set forth fully herein, the following exhibits and
attachments:
Exhibit 1
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Funding Sources
ARPA Coronavirus Local Fiscal Recovery Fund Eligibility Certification
Certification Regarding Lobbying
Program Statutes and Regulations
Statement of Assurances
Award Terms and Conditions
(17) LEGAL AUTHORIZATION. The Recipient certifies that its governing body has authorized the Recipient's execution
of this Agreement and that the undersigned person has the authority to legally execute and bind the Recipient to the
terms of this Agreement.
RECIPIENT
Opa-Locka, City of
By:
Name and title:
Date:
FEIN : 596000394
DUNS : 083111823
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Kevin Guthrie, Director
Date:
11
City National Bank
100 S.E 2nd Street,l3th Floor
Miami, Fl. 33131
Truth in Savings Disclosure
Terms following a 0 apply only if checked.
Acct: PUBLIC FUNDS Acct #: 30000394129 Date: 10/26/2021
ac The interest rate and annual percentage yield stated below are accurate as of the date printed above. If you would like more current
rate and yield information please call us at 1-800-435-8839
This disclosure contains the rules which govern your deposit account. Unless it would be inconsistent to do so, words and phrases
used in this disclosure should be construed so that the singular includes the plural and the plural includes the singular.
❑ FIXED RATE
O The interest rate for your account is % with an annual percentage yield of %. We will pay this
rate . We will not decrease this rate unless we first give you at least 30 days
notice in writing.
0 The interest rate and annual percentage yield for your account depend upon the applicable rate tier. We will pay these rates
We will not decrease these rates unless we first give you at least 30 days notice in writing.
® VARIABLE RATE
l The interest rate for your account is 0.02 % with an annual percentage yield of 0.02 %. Your interest
rate and annual percentage yield may change.
❑ The interest rate and annual percentage yield for your account depend upon the applicable rate tier. The interest rate and annual
percentage yield for these tiers may change.
Determination of Rate
® At our discretion, we may change the interest rate on your account.
❑ The interest rate for your account
❑ The fixed initial rate is not determined by this rule.
❑ The initial interest rate on your account
Subsequent rates
Frequency of Rate Change.
LX We may change the interest rate on your account at any time
0 Your initial interest rate will not change
We may change the interest rate on your account at that time and
Limitations on Rate Changes.
The interest rate for your account will not
i The interest rate will not be less than
The interest rate will not
the interest rate initially disclosed to you.
by more than
% or more than
each
%.
thereafter.
Member FDIC
Truth to Savings Disclosure
• 2020 Welters Kluwer Financial Services. Inc
All nghxs reserved
City National Bank
Revised November 2011
TSD 6/1/2020
(2005) 00
Page 1 d 3
Minimum Balance Requirements
X To Open the Account. You must deposit at least $ to open this account.
❑ To Avoid Imposition of Fees.
To avoid the imposition of the Monthly Maintenance Fee you must meet
❑ A of $ will be imposed every
if the balance in the account falls below $ any day of the
�! A of $ will be imposed every
following requirements:
if the average daily balance for the falls below $
The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by
the number of days in the period. The period we use is
To avoid the imposition of the
E
you must meet following requirements:
of $ will be imposed for
transaction (withdrawal, check paid, automatic transfer or payment out of your account) if the balance in the account falls below
$ any day of the.
❑ A of $ will be imposed for
transaction (withdrawal, check paid, automatic transfer or payment out of your account) if the average daily balance for the
falls below $ . The average daily balance is calculated
by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.
The period we use is
❑ To Obtain the Annual Percentage Yield Disclosed.
❑ You must maintain a minimum balance of $ in the account each day to obtain the disclosed annual
percentage yield.
❑ You must maintain a minimum average daily balance of $ to obtain the disclosed annual percentage
yield. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that
figure by the number of days in the period. The period we use is the monthly statement cycle .
Compounding and Crediting
® Frequency. Interest will be compounded monthly
Interest will be paid to the account monthly
® Effect of Closing an Account. If you close your account before interest is credited, you will
accrued interest.
Balance Computation Method
receive the
i Daily Balance Method. We use the daily balance method to calculate the interest on your account. This method applies a daily
periodic rate to the principal in the account each day.
0 Average Daily Balance Method. We use the average daily balance method to calculate interest on your account. This method
applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the
principal in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is
Accrual of Interest on Noncash Deposits
1 Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
0 Interest begins to accrue
you deposit noncash items (for example, checks).
Menber FDIC
Truth in Savings Disclosure
2020 Wolters Kluwer Financial Services. Inc
All nghts reserved
City National Bank
Revised November 2011
TSD 5/1/2020
(2005)00
Page 2 of 3
Bonuses
❑ You will
as a bonus
of $
lj To eam the bonus,
Transaction Limitations
. ❑ You must maintain a minimum
to obtain the bonus.
The minimum amount you may deposit Is $
❑ The minimum amount you may withdraw is $
R During any monthly statement cycle , you may not make more than six
withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone
order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party.
X If you exceed those limitations you will be charged an excess activity fee of $10.00 per transaction over the limit.
❑ You may only make deposits into your account each statement cycle.
❑ You may only make ATM your account each statement cycle.
0 You may only make preauthorized transfers your account each statement cycle.
Additional Terms
Other fees may affect your account. Please refer to the Bank's Disclosure and Schedule of Fees for personal accounts
Member FDIC
Truth rn Savings Disclosure
2020 Wolters Khmer Financial Services, Inc
AU nghts reserved
Crty National Bank
lie..nsed November 2011
TSD 511/2020
(2005Page 3of3
City National Bank
100 S.E 2nd Street.l3th Floor
Miami, FL 33131
Truth in Savings Disclosure
Terms following a 0 apply only if checked.
Acct: PUBLIC FUNDS Acct #: 30000394129 Date: 10/26/2021
® The interest rate and annual percentage yield stated below are accurate as of the date printed above. If you would like more current
rate and yield information please call us at 1-800-435-8839
This disclosure contains the rules which govern your deposit account. Unless it would be inconsistent to do so. words and phrases
used in this disclosure should be construed so that the singular includes the plural and the plural includes the singular.
0 FIXED RATE
0 The Interest rate for your account is % with an annual percentage yield of %. We will pay this
rate . We will not decrease this rate unless we first give you at least 30 days
notice in writing.
❑ The interest rate and annual percentage yield for your account depend upon the applicable rate tier. We will pay these rates
We will not decrease these rates unless we first give you at least 30 days notice in writing.
® VARIABLE RATE
® The interest rate for your account is 0.02 % with an annual percentage yield of 0.02 %. Your interest
rate and annual percentage yield may change.
0 The interest rate and annual percentage yield for your account depend upon the applicable rate tier. The interest rate and annual
percentage yield for these tiers may change.
Determination of Rate.
J At our discretion, we may change the interest rate on your account.
0 The interest rate for your account
❑ The fixed initial rate is not determined by this rule.
0 The initial interest rate on your account
Subsequent rates
Frequency of Rate Change.
N We may change the interest rate on your account at any time
Your initial interest rate will not change
We may change the interest rate on your account at that time and
Limitations on Rate Changes.
The interest rate for your account will not
0 The interest rate will not be less than
The interest rate will not
the interest rate initially disclosed to you.
by more than
% or more than
each
Member FDIC
Truth in Savings Disclosure
2020 Y,blters Kluwer Financial Services. Inc
Alt nghts reserve
City National Bank
thereafter.
Revised November 2011
TSD 5/112020
(2005) 00
Page 1 of 3
Minimum Balance Requirements
1 To Open the Account. You must deposit at least $ to open this account.
❑ To Avoid imposition of Fees.
To avoid the imposition of the Monthly Maintenance Fee you must meet
❑ A of $ will be imposed every
if the balance in the account falls below $ any day of the
0 A of $ will be imposed every
following requirements:
if the average daily balance for the falls below $
The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by
the number of days in the period. The period we use is
To avoid the imposition of the you must meet following requirements:
❑ A of $ will be imposed for
transaction (withdrawal, check paid, automatic transfer or payment out of your account) if the balance in the account falls below
$ any day of the
❑ A of $ will be imposed for
transaction (withdrawal, check paid, automatic transfer or payment out of your account) if the average daily balance for the
falls below $ . The average daily balance is calculated
by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.
The period we use is
❑ To Obtain the Annual Percentage Yield Disclosed.
❑ You must maintain a minimum balance of $ in the account each day to obtain the disclosed annual
percentage yield.
0 You must maintain a minimum average daily balance of $ to obtain the disclosed annual percentage
yield. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that
figure by the number of days in the period. The period we use is the monthly statement cycle .
Compounding and Crediting
® Frequency. Interest will be compounded monthly
Interest will be paid to the account monthly
1 Effect of Closing an Account. if you close your account before interest is credited, you will
accrued interest.
Balance Computation Method
receive the
N Daily Balance Method. We use the daily balance method to calculate the interest on your account. This method applies a daily
periodic rate to the principal in the account each day.
0 Average Daily Balance Method. We use the average daily balance method to calculate interest on your account. This method
applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the
principal in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is
Accrual of Interest on Noncash Deposits
® Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
O Interest begins to accrue
you deposit noncash items (for example, checks).
Member FDIC
Truth in Savings Dtsciosure
2020 Wolters Kluwer Financial Services, in:
All rights reserved
City Naliona' Bank
Revised November 2011
TSO 5/1 /2020
(2005).00
Page 2 of 3
Bonuses
❑ You will
as a bonus
of $
❑ To earn the bonus,
Transaction [imitations
. 0 You must maintain a minimum
to obtain the bonus.
❑ The minimum amount you may deposit is $
❑ The minimum amount you may withdraw is $
During any monthly statement cycle , you may not make more than six
withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone
order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party.
® If you exceed those limitations you will be charged an excess activity fee of $10.00 per transaction over the limit.
❑ You may only make deposits into your account each statement cycle.
❑ You may only make ATM your account each statement cycle.
❑ You may only make preauthorized transfers your account each statement cycle.
Additional Terms
Other fees may affect your account. Please refer to the Bank's Disclosure and Schedule of Fees for personal accounts
Member FDIC
Truth in Savings Disclosure
2020 Wolters Kluwer Fnanaal Services. Inc.
Al rights reserved
City National Hank
Revised November 2011
TSO 511/2020
(2005) 00
Page 3 of 3
NEW ACCOUNT INFORMATION
DATE: 10/20/2021
❑ TEMPORARY la REPLACEMENT U AOM ROM U REM RA City National Bank of Florida (CNB)
ACCOUNT OFFICER: Oliver A Benitez COMPLETED BY: Maria Velez Brickell Banking Center
ACCOUNT INFORMATION
AMOUNT OF DEPOSIT $ 5,000.00 PLAN # ACCOUNT NUMBER 30000394129
TIRE OF ACCOUNT CITY OF OPA-LOCKA ACCOUNT T.I.N. 59.6000394
REFERENCE TIRE AMERICAN RECOVERY FUNDS
PRODUCT NAME PUBLIC FUNDS CHECKING
780 FISHERMAN STREET OPA LOCKA, FL 33054 OWNERSHIP TYPE PUBUC FUNDS
Words, numbers or phrases preceded by a • are applicable only if the 12 is marked.
BUSINESS ENTITY INFORMATION
BUSINESS NAME AND ADDRESS CITY OF OPA-LOCKA DATE ESTABLISHED 05/14/1929
780 FISHERMAN STREET PRIMARY LOCATION 780 FISHERMAN STREET OPA LOCKA, FL
OPA LOCKA, FL 33054 E-MAIL ADDRESS jpate@Opalockafl.gov
OTHER
ASSUMED NAME IF D/B/A
CONTACT NAME CITY OF OPA-LOCKA
CONTACT TITLE
CONTACT PHONE (3055) 953.2868
TAXPAYER IDENTIFICATION NUMBER CERTIFICATION, Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number, or, I am waiting for a number to be issued to me, and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified
me that I am no longer subject to backup withholding (NOTICE: If you are subject to badwp withholding, cross out this line), and
3. I am a US. dtizen or other U.S. person, and
4. I am an exempt recipient from FATCA reporting under the Internal Revenue Service Regulations. Exempt FATCA Reporting Code (if any)
Taxpayer Identification Number 59-6000394
10f2012021
SIGNATURE DATE
IMPORTANT INFORMATION ABOUT PROCURES FOR OPENING A NEW ACCOUNT. To help the goverment fight the funding of terrorism
and money laundering activities, Federal law requires all financial i tih tions to obtain, verify, and record information that identifies each person who
opens an account. What this means for you: When you open an a000u t, we will ask for your name, address, date of birth, and other information that
will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
ACKNOWLEDGEMENT: The Authorized Signer(s) agrees that CNB shall not be responsible for the wrongful or airninal acts of
Depositor's employees or agents, including but not limited to the negotiation of forged, altered or unauthorized Mtaenhs. ' The term
Item" is defined in the Deposit Agreement". Authorized Signals) agrees to hold CNB harmless from any daim or liabdity arising from
any such misconduct.
Further by signing this document;, the undersigned admowledges that they have opened the type of account designated above and
have received, understand, and agree to be bound by the tends of the Deposit Agreement. The undersigned admowledge receipt of
the following: Disclosures & Schedule of Fees, Privacy Policy, Funds Availability Policy, and, as applicable, the Electronic Fund
Transfers and Truth in Savings Disclosures. All signers authorize CNB to make inquiries to any consumer reporting agency, including a
diedc protection service, in connection with this account. For commerdal accounts, al signers are duly authorized to act on behalf of
the business entity. Business signers admowledge that no internal document of the business shall be binding on an, whether or not
provided to CNB, unless expressly accepted and approved by CNB. The undersigned acknowledge that ail information provided to CNB
is true and correct.
# OF SIGNATURES REQUIRED: One This designation is for customer's internal use only, CNB will not honor. See Deposit Agreement.
Authorized Signer Only Title: Authorized Signer Only Title:
1. X 1012012021 2. X
CITY OF OPA-LOCKA Date Date
Authorized Signer Only Title: Authorized Signer Only Title:
3. X 4. X
Date Date
Authorized Signer Only Title: Authorized Signer Only Title:
5. X 6. X
Date Date
Account Number:30000394129
BENEFICIARY DESIGNATION. THE FOLLOWING BENEFICIARIES ARE DESIGNATED: See Addendum
1. Relation: 2. Relation:
ADDR: ADDR:
ID#: ID#:
3, Relation: 4. Relation:
ADDR: ADDR:
ID#: ID#:
OWNERSHIP AND RIGHTS AT DEATH (Personal Accounts Only) Select One:
0 SINGLE -PARTY ACCOUNT. On the death of the party, ownership passes as part of the party's estate.
SINGLE- PARTY ACCOUNT WITH POD (PAY ON DEATH) (also known as ITF (In -Trust -For)) DESIGNATION. On the death of the party, ownership
passes to the listed POD / ITT beneficiary(ies) and is not part of the party's estate.
MULTIPLE -PARTY (JOINT) ACCOUNT WITH RIGHT OF SURVIVORSHIP. On the death of a to
party, ownership passes surviving party(ies).
0 MULTIPLE -PARTY (JOINT) ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD / ITF DESIGNATION. On the death of the last surviving party,
ownership passes to the listed POD / ITF benefidary(ies) and is not part of the last surviving party's estate.
MULTIPLE -PARTY (JOINT) ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP. On the death of a party, that party's ownership share in the account
passes as part of the deceased party's estate (in equal parts unless otherwise provided in writing to the Bank).
MULTIPLE -PARTY (JOINT) ACCOUNT- TENANCY BY ENTIRETY (WITH RIGHT OF SURVIVORSHIP). The parties must be legally married (i.e., issued
marriage Iaerse/certificate); otherwise, account shall be joint with right of survivorship. On the death of a party, ownership passes to surviving
party. Disclaimer: If you have chosen any other type of ownership, it is your expressed intent not to create a Tenancy By the Entirety. Also, the
parties agree that this type of ownership shall not limit the Bank's Right of Setoff per the Deposit Agreement with respect to any obligation owed to
Bank by either party.
MULTIPLE -PARTY (JOINT) ACCOUNT - TENANCY BY ENTIRETY (WITH RIGHT OF SURVIVORSHIP) AND POD / ITF DESIGNATION. The parties must
be legally married (i.e., issued marriage license/certificate); otherwise, account shall be joint with right of survivorship. On the death of a party,
ownership passes to surviving party. On the death of the last of the last surviving party, ownership passes to the listed POD / ITF berteficiary(ies)
and is not part of the last surviving party's estate. Disdai nerr: If you have chosen any other type of ownership, it is your expressed intent not to
create a Tenancy By the Entirety. Also, the parties agree that this type of ownership shall not limit the Bank's Right of Setoff per the Deposit
Agreene t with respect to any obligation owed to Bank by either party.
ACICNOWLEDGEMENT: In accordance with Regulation GG (promulgated pursuant to the Unlawful Internet Gambling Enforcement Act of
2006), you agree that by signing this agreement and establishing a City National Bank of Florida (CNB) a000rmt, you certify that (I) you
shall not conduct "restricted transactions" (as defined below) through any CHB account, (11) you do not engage in kiternet gambling, and
(lli) you agree to be bound by the terms of CNB's Deposit Agreement. A "restricted danrsad ion" is a transaction ar transmittal involving
any credit] funds, betrument, or proceeds in connection with any person engaged in the buses of betting or wagering ar in
Pw'tkiPa ion with another person involving unlawful Internet gambling. You acknowledge that CNB will take action to restrict such
f ansadions or dose the aa:ount, if nay. If any of the cundkltlonsi of this above aartification should change, you agree to notify CMB
IntelPtif-
ADDITIONAL TERMS
OWNER/SIGNER #1 TITLE/CAPACITY OWNER/SIGNER #2 TITLE/CAPACITY
Name: CITY OF OPA-LOCKA Name:
Address: Address:
ID# ID Type ID# ID Type
Phone # (305) 953-2868 D.0.B: Phone # D.O.B:
Email address: Email address:
OWNER/SIGNER #3 TITLE/CAPACITY OWNER/SIGNER #4 TITLE/CAPACITY
Name: Name:
Address: Address:
ID# ID Type ID# ID Type
Phone # D.O.B: Phone # D.O.B:
Email address: Email address:
OWNER/SIGNER #5 TITLE/CAPACITY OWNER/SIGNER #6 TITLE/CAPACITY
Name: Name:
Address: Address:
ID# ID Type ID# ID Type
Phone # D.O.B: Phone # D.O.B:
Email address: Email address:
_ ENTITY AUTHORIZATION
ENTITY CERTIFICATIONS. I, JO vaw, (Authorization Signer's name), certify that: I am a/the MNGR
(Authorization signers title) designated to act on behalf of CITY OF OPA-LOCKA
(Authorizing Entity). Authorizing Entity is a FUBUC RJNDS
(type of entity, Ilke a "non-proft" corporation) and its Taxpayer identification Number 59-6000394 . i am authorized and directed to execute an
original or a copy of this Authorization to Financial Institution, and anyone else requiring a copy. Authorizing Entity is duly organized, validly exlstIng
and in good standing under the laws of Rorida and is duly qualified, validly existing and in good standing in all jurisdictions where
Authorizing Entity operates or owns or leases property. Authorizing Entity has the power and authority to provide this Authorization, to confer the
powers granted in this Authorization and to carry on Authorizing Entity's business and activities as now conducted. The designated Agents have the
power and authority to exercise the actions specified in this Authorization and Authorizing Entity properly adopted these authorizations and appointed
the Agents and me to act on its behalf. Authorizing Entity will notify Financial Institution before reorganizing, merging, consolidating, recapitalizing,
dissolving or otherwise materially changing ownership, management or organizational form. Authorizing Entity will be fully liable for failing to notify
Financial Institution of these material changes.
❑ Authorizing Entity conducts business and other activities under the additional trade name or fictitious name of
and Authorizing Entity has the legal power and authority to use this trade name or
fictitious name. Authorizing Entity will not use any trade name or fictitious name without Rnancial Institution's prior written consent and will
preserve Authorizing Entity's existing name, trade names, fictitious names and franchises.
GENERAL AUTHORIZATIONS. I certify Authorizing Entity authorizes and agrees that: Qty National Bank of Rorida (financial
Institution) is designated to provide Authorizing Entity the financial accommodations indicated in this Authorization, subject to the Financial Institution's
rules and regulations from time to time. All prior transactions obligating Authorizing Entity to Rnancial Institution by or on behalf of Authorizing Entity
are ratified by execution of this Authorization. Any Agent, while acting on behalf of Authorizing Entity, is authorized, subject to any expressed
restrictions, to make ail other arrangements with Rnancial Institution which are necessary for the effective exercise of the powers indicated within this
Authorization. The signatures of the Agents are conclusive evidence of their authority to act on behalf of Authorizing Entity. Unless otherwise agreed
to in writing, this Authorization replaces any earlier related Authorization and will remain effective until Rnancial Institution receives and records an
eocpress written notice of its revocation, modfic ation or replacement. Any revocation, modification or replacement of this Authorization must be
accompanied by documentation, satisfactory to Rnanciai Institution, establishing the authority far the change. Authorizing Entity agrees not to combine
proceeds from collateral securing any debts owed to Financial Institution with unrelated funds.
SPECIFIC AUTHORIZATIONS. The following persons (Agents) are authorized to act on behalf of Authorizing Entity in fulfilling the purposes of this
Authorization:
Individual's Name, Title, & if applicable,
Representative Entity's Name and Relationship to Authorizing Entity
JOANNA R.ORES
(a)
JOHN E RATE
(b)
(c)
(d)
(e)
Signature or Facsimile Signature
(f)
Authorizing Entity has adopted any facsimile signatures indicated above. Financial Institution may rely on those facsimile signatures that resemble the
specimens within this Authorization or the specimens that Authorizing Entity periodically files with Financial Institution, regardless of by whom or by
what means the signatures were affixed.
Authorizing Entity authorizes and directs the designated Agents to act, as indicated, on Authorizing Entity's behalf to:
(Inciarte a, b, c, d, e andfor f to exercise each specific power):
ALL
ALL
ALL
ALL
Open or close any share or deposit accounts in Authorizing Entity's name, including, without limitation, accounts such as
share draft, checking, savings, certificates of deposit or term share accounts, escrow, demand deposit, reserve, and
overdraft line -of -credit accounts. Number of signatures required 1*
Enter into and execute any preauthorized electronic transfer agreements for automatic withdrawals, deposits or transfers
initiated through an electronic ATM or point -of -sale terminal, telephone, computer or magnetic tape using an access device
like an ATM or debit card, a code or other similar means. Number of signatures required 1*
Enter into and execute commercial wire transfer agreements that authorize transfers by telephone or other communication
systems through the network chosen by Financial Institution. Number of signatures required 1*
Endorse for cash, deposit, negotiation, collection or discount by Financial Institution any and all deposit checks, drafts,
certificates of deposit and other instruments and orders for the payment of money owned or held by Authorizing Entity.
Number of signatures required 1*
Entity Authorization
®2016 Wolters Kluwer Rnancial Services, Inc.
All rights reserved. erLA1F1 H1
VMPCb91 (1608).00
AUTH-ENTITY 8/1/2016
Page 1 of 2
ALL Sign checks or orders for the payment of money, withdraw or transfer funds on deposit with you. If Authorizing Entity
authorizes and Financial Institution accepts this power with a multiple signature limitation, Authorizing Entity agrees to wave
the multiple signatures requirement for any withdrawal in a format that does not allow Rnancial Institution an opportunity to
examine signatures. Number of signatures required 1*
ALL Enter into and execute a written night depository agreement, a lock -box agreement or a safe deposit box lease agreement.
Number of signatures required 1*
ALL Borrow money or obtain other credit or financial accommodation from Financial Institution on behalf of and in the name of
Authorizing Entity on the terms agreed to with Financial Institution. The designated Agents may execute and endorse
promissory notes, acceptances or other evidences of indebtedness. 0 if checked, the maximum outstanding credit limit for
all available credit and financial accommodation to Authorizing Entity from Financial Institution must not exceed
$ WA . Number of signatures required 1*
ALL Grant a security interest, lien or other encumbrance to Financial Institution in any or all real or personal property that
Authorizing Entity now owns or may acquire in the future for the payment or performance of:
❑ Specific Debts. The debts, liabilities and obligations, and their renewals, extensions, refinancing and modifications,
evidenced by (describe):
❑ All Debts. All debts, liabilities and obligations of every type and description owed now or in the future by Authorizing
Entity to Financial Institution.
Number of signatures required 1*
ALL Receive and acknowledge receipt for funds, whether payable to the order of Authorizing Entity or an Agent, without
additional certification as to the use of the proceeds. Number of signatures required
ALL Guaranty the payment and performance of debts, liabilities and obligations owed to Finandal Institution or its successors and
assigns by (Borrower):
❑ Specific Debts. The debts, liabilities and obligations, and their renewals, extensions, refinancing and modifications,
evidenced by (describe):
❑ Alt Debts. All debts, liabilities and obligations, and their renewals, extensions, refinancing and modifications, that
Borrower owes now or in the future to Financial Institution, to the extent allowed by law.
Number of Signatures required 1*
❑ Grant a Security Interest. The designated Agents may also grant a security interest, lien or other encumbrance to
Rnancial Institution in any or ail real or personal property that Authorizing Entity now owns or may acquire in the future
for the payment or perfo manse of this guaranty. Nurrber of signatures required 1•
ALL Periodically amend, restructure, renew, extend, modify, substitute or terminate any agreements or arrangements with
Fnatciai Institution that relate to this Authorization. Number of signatures required 1*
ALL Execute other agreements that Financial Institution may require, and perform or cause to be performed any further action
necessary to carry out the purposes of this Authorization; or execute other agreements for any product or service offered by
Financial Institution. Number of signatures required 1*
ALL Other (epectfy) Agent(s) listed above are duly authorized to appoint and remove any account(s) authorized signer(s).
Number of signatures required 1*
INTERPRETATION. Mienever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only
and are not to be used to interpret or define the terms of this Authorization.
SIGNATURES. By signing, I certify and agree to the terms contained in this Authorization on behalf of Authorizing Entity on
I also acknowledge receipt of a copy of this Authorization.
10/20/2021
* CNBIF1nancial Institution does not offer accounts that require two or more signatures, any such designations is for your internal control purposes and
is not binding on CNB1Financial institution.
AUTHORIZATION'S SIGNER:
BY: 10/20/21
Name Date
Entity Authoriffiion
®2016 Wolters Kluwer Financial Services, Inc.
All rights reserved. Custom ERAUTH1
VMPC591 (1608}.00
AUTH-BJTITY 8/1/2016
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