08-04-2020 Special Commission Meeting AgendaCity Commission
Enid Weisman, Mayor
Howard Weinberg, Vice Mayor
Denise Landman, Commissioner
Dr. Linda Marrs, Commissioner
Gladys Mezrahi, Commissioner
Marc Narotsky, Commissioner
Robert Shelley, Commissioner
City Manager
Ronald J. Wasson
City Clerk
Elllisa L. Horvath, MMC
City Attorney
Weiss Scrota Hellman
Cole & Bierman
CITY COMMISSION SPECIAL MEETING AGENDA
AUGUST 4, 2020
4:00 p.m.
Via Virtual Communications Media Technology
This meeting shall be held via virtual communications media technology enabled by the
Governor's Executive Order 2020-69, extended through Executive Orders 20-112, 20-123, 20-
139, 20-150, and 20-179. Because of COVID-19, and the need to ensure the public health,
safety and welfare, this meeting will be conducted remotely via Zoom.
Due to the on -going state of emergency and the recommendations from all public health
authorities, the City of Aventura recommends that all persons view and participate in the
meeting through electronic means. Members of the public wishing to access the meeting,
please do so as follows:
Join the Zoom Meeting from your computer, tablet, or smartphone at-
Zoorn.us/join
Meeting ID: 834 4169 8463
You can also dial in using your phone to the any of the following numbers:
+1 312 626 6799 US (Chicago)
+1 929 205 6099 US (New York)
+1 346 248 7799 US (Houston)
+1 669 900 6833 US (San Jose)
+1 253 215 8782 US
+1 301 715 8592 US
Meeting ID: 834 4169 8463
Members of the public will be able to provide comments via audio when directed by the Mayor
to do so. Please tap the screen on your cellphone or tablet, or move your mouse on your
computer, to view an option to raise your hand. Tap or click on the "raise hand" icon displayed
to raise your hand to speak. Callers must press *9 to raise your hand to speak. The City Clerk
will notify the Mayor there are public comments and will notify you when it is your turn to
speak by turning your microphone on. Speakers will be provided three minutes to provide
comments.
Comments can also be provided via email to the City Clerk at cityclerk@cityofaventura.com
by August 3, 2020 at 4.00 p.m. Comments received will be provided to the City Commission.
Please list the item you are providing a comment for in your email.
City ConHnission
]Enid Weisman, Mayor
Howard Weinberg, Vice Mayor
Denise Landman, Commissioner
Dr. Linda Marlys, Commissioner
Gladys Mezrahi, Commissioner
Marc Narotsky, Commissioner
Robert Shelley, Commissioner
City Manager
Ronald J. Wasson
City Clerk
]Ellllisa L. Horvath, MMC
City Attorney
Weiss Scrota Heltman
Cole & Bierman
CITY COMMISSION SPECIAL MEETING AGENDA
(Revised August 3, 2020)
AUGUST 4, 2020
4:00 p.m.
Via Virtual Communications Media Technology
1. CALL TO ORDER\ROLL CALL
2. CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS
CAPACITY AS THE GOVERNING BOARD FOR THE CITY'S AVENTURA CITY
OF EXCELLENCE SCHOOL AND GOVERNING BOARD FOR THE CITY'S DON
SOFFER AVENTURA HIGH SCHOOL:
A MOTION APPROVING OPENING SCHEDULE DATES AND MOBILE
LEARNING ONLY FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
(ACES) AND DON SOFER AVENTURA HIGH SCHOOL (DSAHS) CONSISTENT
WITH THE REVISED MIAMI-DADE COUNTY SCHOOL BOARD DISTRICT
SCHOOLS OPENING SCHEDULE AND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
3. MOTION:
ADOPTION OF A MOTION TO APPROVE AND ACCEPT THE ATTACHED
INTERLOCAL AGREEMENT FOR FEDERALLY —FUNDED SUBAWARD (CARES
ACT DISTRIBUTION); AUTHORIZING THE CITY MANAGER TO EXECUTE
AND IMPLEMENT THE AGREEMENT.
4. ADJOURNMENT
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items are available online at cityofaventura.com for viewing and printing, or may be requested through
the Office of the City Clerk at (305) 466-8901 or cityclerk@cityofaventura.com.
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM- Ronald J. Wasson, City Manager- -�
DATE: July 31, 2020 (Revised August 1, 2020)
SUBJECT: Motion Approving Opening Schedule Dates and Mobile Learning
Only Consistent with the Revised Miami -Dade County School Board
District Schools Opening Schedule
August 4, 2020 Special City Commission Meeting Agenda Item 2
The Miami -Dade School Board has approved virtual learning only and for the opening
date of all District Schools in the County to be adjusted to the following dates: August
24t" will open for orientation for parents and students for mobile learning and school will
officially begin on August 31st. Additionally, there will be regular evaluations of the
medical conditions throughout Miami -Dade County to determine when it will be possible
to allow students to begin classroom instruction.
I recommend following the revised Miami -Dade County District Schools opening
schedule for initial mobile learning and to monitor and evaluate on a regular basis to
determine when in -classroom instruction can occur.
If you have any questions, please feel free to contact me.
RJW/act
CCO1901-20
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM- Ronald J. Wasson, City Manager- -�
DATE: August 3, 2020
SUBJECT: Motion to Approve and Accept the Attached Interlocal Agreement for
Federally Funded Subaward (CARES Act Distribution); Authorizing
the City Manager to Execute and Implement the Agreement
August 4, 2020 Special City Commission Meeting Agenda Item 3
Please be advised this Interlocal Agreement for CARES ACT funding which has been
received by Miami -Dade County requires the attached Interlocal Agreement with Miami -
Dade County to be in place to receive funds deemed eligible for reimbursement. The
City of Aventura has already submitted a pre -eligible funding list to the County and to
continue this process, this Interlocal Agreement needs to be approved. As timing is
very important, I am recommending approving the motion to approve this Interlocal
Agreement with Miami -Dade County.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO1902-20
INTERLOCAL AGREEMENT
FOR FEDERALLY -FUNDED SUBAWARD
This Interlocal Agreement ("Agreement") entered into this _ day of 2020, by and between
Miami -Dade County, a political subdivision of the State of Florida ("County"), and
, a municipal corporation located within the geographic boundaries of
Miami -Dade County, Florida ("Municipality").
For the purposes of this Agreement, the County serves as the Pass -through entity for a Federal Award, and
the Sub -Recipient ('Municipality') serves as the recipient of a subaward.
RECITALS
WHEREAS, 2 Code of Federal Regulations (C.F.R.) §200.92 states that a "subaward may be provided
through any form of legal Agreement, including an Agreement that the County considers a contract."
WHEREAS, this Agreement sets forth the terms and understanding between the named Parties to
pursue their mutual interest in responding to and recovering from Coronavirus Disease 2019 (COVID-19).
WHEREAS, the primary purpose of this Agreement is to ensure the effective and timely dissemination
of allocated Corona Relief Fund (CRF) dollars reimbursing the local municipality for eligible activities under
the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
WHEREAS, this Agreement is not a legal requirement of the United States Department of Treasury,
but rather is a voluntary Agreement to provide funding to local municipalities if all conditions are met to enable
the County to remain in compliance with the Department of Treasury's Office of Inspector General's
memorandum regarding CRF Monitoring, Reporting and Record Retention Requirements (Exhibit 3).
WHEREAS, Miami -Dade County was awarded Funds under the CRF through the CARES Act.
WHEREAS, as allowed under the Department of Treasury's guidance pertaining to the Fund, the
County will reimburse the Municipality for certain eligible CRF activities as outlined in the U.S. Department of
Treasury's "Coronavirus Relief Fund Guidance for State, Territorial, Local and Tribal Governments" as well
as the most current "Coronavirus Relief Fund Frequently Asked Questions"
(Exhibits 1 and 2).
Page 1 of 14
DEFINITIONS
A. "CARES Act" shall mean Coronavirus Aid, Relief, and Economic Security Act.
B. "CRF" shall mean Coronavirus Relief Fund.
C. "Contractor" shall mean any entity, public or private, providing services as described
in this Agreement.
D. "County" shall mean Miami -Dade County, Florida.
E. "Federal Award" shall mean Federal financial assistance that a non -Federal entity
receives directly from a Federal Awarding Agency or indirectly from a Pass -through
entity per 2 C.F.R. §200.38.
F. "The Agreement" shall mean this Interlocal (subaward) Agreement for the Federally -
Funded CRF.
G. "Pass -through entity" shall mean a non -Federal entity that provides a subaward to a
Sub -Recipient to carry out part of a Federal program per 2 C.F.R. §200.74.
H. "Subaward" shall mean an award provided by a Pass -through entity to a Sub -
Recipient for the Sub -Recipient to carry out part of a Federal Award received by the
Pass -through entity per 2 C.F.R. §200.93.
I. "Sub -Recipient" shall mean a non -Federal entity, such as a Municipality, that
receives a subaward from a Pass -through entity to carry out part of a Federal
program per 2 C.F.R. §200.93.
SUBAWARD INFORMATION
The following Agreement information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub -Recipient's name:
Sub -Recipient's unique entity identifier:
Federal Award Date:
Name of Federal Awarding Agency:
Name of Pass -through entity:
Catalog of Federal Domestic Assistance (CFDA) Number and Name
March 13, 2020
U.S. Treasury Department
Miami -Dade County
21.019 Coronavirus Relief Fund
Page 2 of 14
Funds.
ARTICLE I
REPRESENTATIONS
A. The Municipality represents that it is fully qualified and eligible to receive these CARES Act
B. The Municipality certifies that it has the legal authority to receive the CARESAct Funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Municipality also certifies that the undersigned person has the authority to legally execute and bind
the Municipality to the terms of this Agreement.
C. The Municipality, by its decision to participate in this CARES Act Program, bears the
ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and
policies, and bears the ultimate consequences of any adverse decisions rendered by the County, the
Federal Awarding Agency, or any other Federal agencies with audit, regulatory, or enforcement authority.
D. The County received these CARESAct Funds from the Federal government, and the County has
the authority to subgrant these CARES Act Funds to the Municipality upon the terms and conditions outlined
herein.
E. The County, as the Pass -through entity and fiduciary of such Federal Funding, reserves the
right to demand that the Municipality comply with all applicable County, State and Federal laws, regulations
and policies, terminate reimbursements, and take any and all other actions it deems appropriate to protect those
CARES Act Funds for which it is responsible.
ARTICLE II
RESPONSIBILITIES
A. The Parties to this Agreement shall work together in a cooperative and coordinated effort, and
in such a manner and fashion to utilize the CRF Funds most effectively and efficiently, to respond to and recover
from COVID-19.
B. Both the County and the Municipality are expected to remain in compliance with the Treasury
Department's Guidance and FAQ's regarding CRF as outlined in Exhibits 1 and 2. As demonstrated since the
initial publishing of the FAQ's, these are subject to change. The County's acceptance of an activity will be
based on the information available at that time. If further clarification from the Treasury Department later
determines that activity to be ineligible, the Municipality will be expected to either return the advanced Funds
or propose an alternate eligible activity.
Page 3 of 14
ARTICLE III
TERMS OF AGREEMENT
A. This Agreement will begin upon execution by both Parties and shall end upon closeout of
the Municipality's account for this disaster by the County and/orthe Federal Awarding Agency, unless terminated
earlier as specified elsewhere in this Agreement.
B. The Municipality may seek reimbursement under this Agreement only for allowable costs
incurred through December 30, 2020. Any funds not spent by this deadline shall be returned to the County.
C. The County may terminate this Agreement for cause after seven (7) days written notice. Cause
can include Funds not being expended in a timely manner, misuse of Funds, fraud, lack of compliance with
applicable rules, laws and regulations, and refusal by the Municipality to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. Upon
such termination, the Municipality shall within thirty (30) days, return all unexpended Funds to the County, or
the County will reimburse the Municipality for any remaining eligible expenditures through the date of
termination.
D. The County may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further
expenditure of Funds, by providing the Municipality with seven (7) days prior written notice.
E. The Parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement.
F. In the event that this Agreement is terminated, the Municipality will not incur new obligations
after the Municipality has received the notification of termination.
ARTICLE IV
LAWS, RULES, REGULATIONS AND POLICIES
Performance under this Agreement is subject to Section 601(a) of the Social Security Act, as incorporated by
Section 5001 of the "CARES Act". Fund payments are only subject to the following requirements in the Uniform
Guidance (2 C.F.R. Part 200): 2 CFR §200.303 regarding Internal Controls, 2 CFR §§200.330 through 200.332
regarding Sub -Recipient Monitoring and Management, and Subpart F regarding Audit Requirements. Pursuant
to Exhibit 1, the CARES Act provides that payments from the Fund may only be used to cover costs that:
A. are necessary expenditures incurred due to the public health emergency with respect to the
COVID-19;
B. were not accounted for in the budget most recently approved as of March 27, 2020 (the date
of enactment of the CARES Act) for the County or Municipality; and
C. were incurred during the period that begins on March 1, 2020, and ends on December 30,
2020.
Page 4 of 14
ARTICLE V
CONTACTS
The County's Contract Manager shall be responsible for enforcing performance of this Agreement's terms and
conditions and shall serve as the County's liaison with the Municipality. As part of his/her duties, the Contract
Manager for the County shall monitor, review, and document all activities for which the
Municipality requests payment.
A. The County's Contract Manager for this Agreement is:
Name:
Barbara Gomez CPA
Title:
Deputy Director, Miami -Dade County Finance Department
Address:
111 N.W. 1st Street Suite 2550
Miami Florida 33128-1900
Telephone:
(305) 375-5245
Email:
Barbara. Gomez(a)miamidade.gov
B. The name and address of the Representative of the Municipality responsible for the
administration of this Agreement is:
Name:
Title:
Address:
Telephone:
Email:
C. In the event that different representatives or addresses are designated by either Party after
execution of this Agreement, notice of the name, title, and address of the new representative will be provided
to the other Party in writing via letter or electronic mail. It is the Municipality's responsibility to authorize its users
in the County's Grants Management System. Only the Authorized or Primary Agents identified in Attachment
A to this Agreement ("Designation of Authority") may authorize addition or removal of agency users.
Page 5 of 14
ARTICLE VI
REIMBURSEMENT OF ELIGIBLE COSTS
A. The County will reimburse the Municipality for COVID-19 related and incurred operational
expenses eligible to be paid by the Fund, other than FEMA Public Assistance (PA) eligible expenses, for the
period of March 1, 2020 through December 30, 2020.
B. Whenever eligible, the Municipality will seek FEMA reimbursement rather than CRF
reimbursement since the CRF can be used more readily to support the public's economic needs due to
impacts of the pandemic.
C. The County will reimburse the Municipality the FEMA PA local match upon documentation of
its application for FEMA reimbursement.
D. The County will reimburse the Municipality for CRF eligible operational costs, that are not
FEMA reimbursable, within the following categories:
1. Personnel Costs -Payroll expenses for employees whose service are substantially
dedicated to mitigating or responding to COVID19 public health emergency such
as:
a. Park Attendant performing duties to enforce compliance
with public health orders
b. Unbudgeted overtime to perform functions to mitigate or respond to
COVID19 health emergency
2. Medical Expenses — Examples:
a. COVID19 testing
b. COVID19 tracing
c. Medical responses, including emergency transportation
3. Public Health - Examples:
a. Communication and enforcement of local health orders
b. Acquisition and Distribution of medical and protective supplies, such as
sanitizing products, personal protection equipment for County employees and
workers in connection with COVID19 public health emergency
c. Disinfection of public areas and other facilities
d. Public Safety measures undertaken in response to COVID19
- Quarantine Individuals
Page 6 of 14
4. Actions to Facilitate Compliance Expenses - Examples:
a. Food deliveries to residents including senior citizens and other vulnerable
populations, to enable compliance with public health precautions
b. Improvements to telework capabilities for public employees to enable
compliance with public health precautions
c. Provide paid sick, family, and medical leave to public employees to enable
compliance with public health precautions
5. Miscellaneous Expenditures - Any other COVID19 related expenses reasonably
necessary to the function of government that satisfy the Fund's eligibility criteria
and that are not FEMA reimbursable.
E. The Municipality will provide all documentation of costs to the County on the County's On-
line Portal.
F. The County will audit all documentation for sufficiency and costs for eligibility and if in order,
will reimburse the Municipality in an expedited manner. If not in order, the County will notify the Municipality
of issues related to the submission.
G. The County will reimburse the Municipality for eligible economic support and assistance
program costs that benefit residents and local businesses if the Board of County Commissioners appropriates
CRF monies to such program(s). Economic support and assistance programs are not FEMA eligible and
reimbursements for these programs must comply with Article VI (E) and (F), above.
ARTICLE VII
FUNDING
The County, subject to availability, will provide Funds on a cost reimbursement basis to the Municipality
for eligible activities approved by the County.
A. Any request for payment under this Agreement must include a certification, signed by an official
who is authorized to legally bind the Municipality, which reads as follows: "By signing this report, I certify to the
best of my knowledge and belief that the Report is true, complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and objectives set forth in this Agreement".
B. The Municipality must complete Attachment A by designating at least three agents to execute
any Requests for Reimbursement, certifications, changes to contacts, or other necessary documentation on
behalf of the Municipality. Attachment A must be completed electronically and submitted via email to the County
Contract Manager (see Article V).
C. The County will review all Requests for Reimbursement and only release funds for eligible,
substantiated costs.
Page 7 of 14
ARTICLE VIII
PROCUREMENT
A. The Municipality shall ensure that any procurement involving Funds authorized by the
Agreement complies with all applicable Federal and State laws and regulations. For this event, the County and
funding Federal Agency recognize that noncompetitive procurements may be necessary to save lives, to
protect property and public health and to ensure public safety, as well as to lessen or avert the threat of a
catastrophe. The President's unprecedented Nationwide Emergency Declaration and the Secretary of Health
and Human Services' (HHS) declaration of a Public Health Emergency for COVID-19 establish that exigent
and emergency circumstances currently exist. For the duration of the Public Health Emergency, which began
January 27, 2020 as determined by HHS, local governments, tribal governments, nonprofits, and other non -
state entities may proceed with new and existing noncompetitively procured contracts in order to protect
property and public health and safety, or to lessen or avert the threats created by emergency situations for
1) emergency protective measures and 2) to respond to or address COVID-19.
B. If the Municipality contracts with any contractor or vendor for performance of any portion of
the work required under this Agreement, the Municipality must incorporate into its contract with such contractor
or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors,
the County, its employees and/or their contractors, and the Municipality and its employees and/or their
contractors harmless from liability to third Parties for claims asserted under such contract.
ARTICLE IX
PAYMENTS
A. Requests for Reimbursement (RFR) serve as invoices and shall include the supporting
documentation for all costs of the project or services in detail sufficient for a proper pre -audit and post -audit
thereof. The final RFR shall be submitted within thirty (30) days after the expiration of this Agreement.
B. If the necessary Funds are not available to meet the funding obligations under this Agreement,
as a result of action by the United States Congress, the Federal Office of Management and Budget, the County
Chief Financial Officer, or under Article X (B) of this Agreement, all obligations on the part of the County to
make any further payment of Funds shall terminate, and the Municipality shall submit its closeout report within
thirty (30) days of receiving notice from the County.
C. If the Municipality separately invests amounts received under this Agreement, the interest
earnings or other proceeds must be used to cover expenditures incurred in accordance with Section 601(d) of
the Social Security Act and the Guidance on eligible expenditures (Exhibit 1). If the Municipality deposits Fund
payments in its General Accounts, it may use the CRF dollars to meet immediate cash management needs
provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not
subject to the Cash Management Improvement Act of 1990, as amended.
Page 8 of 14
ARTICLE X
FUND REPAYMENT
A. All refunds or repayments due to the County under this Agreement are due no later than thirty
(30) days from notification by the County of Funds due.
B. The Municipality agrees that the County may withhold Funds otherwise payable to the
Municipality upon a determination by the County or the Federal Awarding Agency that Funds exceeding eligible
costs have been disbursed to the Municipality pursuant to this Agreement.
C. The Municipality understands and agrees that the County may offset any Funds due and
payable to the Municipality until the debt to the County is satisfied.
D. All refunds or repayments due to the County under this Agreement are to be made payable to
the order of "Miami -Dade County" and be mailed directly to the Contract Manager (as stipulated in Article V).
ARTICLE XI
RECORDS
A. The Federal Awarding Agency, Inspectors General, the Comptroller General of the United
States, and the County, or any of the County authorized representatives, (e.g. the Inspector General of the
County, the Commission Auditor, Audit and Management Services Department), shall enjoy the right of access
to any documents, financial statements, papers, or other records of the Municipality which are pertinent to this
Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes
timely and reasonable access to the Municipality's personnel forthe purpose of interview and discussion related
to such documents.
B. As required by the County's record retention requirements (Chapter 119, Florida Statutes) and
by the Department of the Treasury Memorandum for Coronavirus Relief Fund Reporting and Record Retention
Requirements (Exhibit 3), the Municipality shall retain sufficient records to show its compliance with the terms
of this Agreement, as well as the compliance of all subcontractors or consultants paid from Funds under this
Agreement, for a period of five (5) years from the date of submission of the final expenditure report.
C. As required by 2 C.F.R. §200.303, the Municipality shall take reasonable measures to
safeguard protected personal identifiable information and other information the Federal Awarding Agency or
the County designates as sensitive or the Municipality considers sensitive consistent with applicable Federal,
State, Local, and Tribal laws regarding privacy and obligations of confidentiality.
D. The Municipality shall maintain all records for the Municipality and for all subcontractors or
consultants to be paid from Funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of this Agreement.
Page 9 of 14
ARTICLE XII
REPORTS
A. The Municipality shall provide the County with unaudited quarterly reports as may be
prescribed in Exhibit 3 or, as requested by the County, and any applicable close-out reports.
B. Quarterly reports are due to the County no later than fifteen (15) days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-out
report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and
December 31.
C. The closeout report is due sixty (60) days after termination of this Agreement or sixty (60) days
after completion of the activities contained in this Agreement, whichever first occurs.
D. The Municipality shall provide additional program updates, reports or information that may be
required by the Federal Award Agency or the County.
ARTICLE XIII
MONITORING
A. The County shall monitor the performance of the Municipality under this Agreement, as well
as that of its subcontractors and/or consultants who are paid from Funds provided under this Agreement, to
ensure that the tasks outlined in the Scope of Work are being accomplished within the specified time periods,
and other performance goals are being achieved.
B. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on -
site visits by County staff, desk reviews and/or other procedures. The Municipality agrees to cooperate with
any monitoring procedures/processes deemed appropriate by the County.
ARTICLE XIV
AUDITS
A. The Municipality shall comply with the audit requirements contained in 2 C.F.R. Part 200,
Subpart F.
B. In accounting for the receipt and expenditure of Funds under this Agreement, the Municipality
shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has
the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB)
and the Financial Accounting Standards Board (FASB)."
C. As per this Agreement, audits conducted under 2 C.F.R. Part 200, Subpart F shall be
performed in accordance with Generally Accepted Government Auditing Standards ("GAGAS") as issued by
the Comptroller General of the United States.
Page 10 of 14
1 . If an audit shows that all or any portion of the Funds disbursed were not
spent in accordance with the conditions of this Agreement, the Municipality shall
be held liable for reimbursement to the County.
2. The Municipality shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified
public accountant licensed under chapter 473." The independent auditor shall
state that the audit complied with the applicable provisions noted above. The audit
must be received by the County no later than nine months from the end of the
Municipality's fiscal year.
3. The Municipality shall send copies of the audit and any Management Letters
issued by the auditor to the County's Contract Manager.
ARTICLE XV
MANDATED CONDITIONS
A. Execution of this Agreement constitutes a certification that the Municipality will comply with
all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.). Pursuant
to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Municipality must undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement.
B. The Municipality agrees to comply with the Americans with Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis
of disability in employment, public accommodations, transportation, State and Local government services, and
telecommunications.
C. The Municipality shall require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all such sub -recipients shall certify and disclose the following to the best of their
knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
2. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
Page 11 of 14
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and,
4. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Municipality is unable to certify to any of the statements in this certification, then
the Municipality shall attach an explanation to this Agreement.
ARTICLE XVI
LOBBYING PROHIBITION
The Municipality certifies, by its Representative's signature to this Agreement, that to the best of his or her
knowledge and belief:
A. No Federal Funds awarded under this Agreement have been paid or will be paid, by or on
behalf of the Municipality, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
B. If any 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 Municipality shall complete and submit Standard Form-LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions.
C. The Municipality shall require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all such sub -recipients shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Page 12 of 14
ARTICLE XVII
LIABILITY AND INDEMNIFICATION
The Municipality is solely responsible to the Parties it deals with in carrying out the terms of this
Agreement. The Municipality shall be responsible for and agrees to indemnify and hold harmless and defend
the County and its boards, commissions, agencies, officers and employees from and against all third party
claims, demands and causes of actions, of any nature whatsoever, directly resulting from the willful
misconduct or negligent acts or omissions of the Municipality, its officers, agents, employees, or
subcontractors in its performance under this Agreement. The Municipality shall pay all claims and losses in
connection therewith and, at the election of the County, shall investigate and defend, or pay for the defense
of, all claims, suits or actions of any kind or nature in the name of the County, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The
Municipality expressly understands and agrees that any insurance protection required by this Agreement or
otherwise provided by the Municipality shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided.
For purposes of this Agreement, Municipality agrees that it is not an agent of the County. Nothing herein shall
be construed as consent by the County to be sued by third parties in any matter arising out of any contract.
ARTICLE XVIII
EVENTS OF DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the County to make
further payment of Funds shall terminate and the County has the option to exercise any of its remedies as
set forth in Article XIX:
A. Any warranty or representation made by the Municipality in this Agreement is or becomes false
or misleading in any respect.
B. The Municipality fails or is unable or unwilling to perform and complete on time any of its
obligations under this Agreement, following a reasonable opportunity to cure.
Page 13 of 14
ARTICLE XIX
REMEDIES
If an Event of Default occurs, then the County shall, after seven (7) days of providing written notice to the
Municipality and upon the Municipality's failure to cure within those seven (7) days, exercise any one or more
of the following remedies, either concurrently or consecutively:
A. Terminate this Agreement, provided that the Municipality is given at least seven (7) days prior
written notice of the termination.
B. Withhold or suspend payment of all or any part of a request for payment.
C. Require that the Municipality refund to the County any monies used for ineligible purposes.
D. Exercise any other rights or remedies which may be available under law.
ARTICLE XX
EXHIBITS AND ATTACHMENT
A. All Exhibits and the Attachment to this Agreement are incorporated as if set out fully.
B. In the event of any inconsistencies or conflict between the language of this Agreement and the
Exhibits and Attachment, the language of the Exhibits and Attachment shall control, but only to the extent of
the conflict or inconsistency.
C. This Agreement has the following Exhibits and Attachment:
1. Exhibit 1 — Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal
Governments - Updated June 30, 2020
2. Exhibit 2 — Coronavirus Relief Fund Frequently Asked Questions -
Updated July 8, 2020
3. Exhibit 3 — Department of the Treasury Memorandum for Coronavirus Relief Fund
Reporting and Record Retention Requirements — July 2, 2020
4. Attachment A — Designation of Authority
Page 14 of 14
EXHIBIT —1
Coronavirus Relief Fund
Guidance for State, Territorial, Local, and Tribal Governments
Updated June 30, 2020'
The purpose of this document is to provide guidance to recipients of the funding available under section
601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act"). The CARES Act established the Coronavirus Relief Fund (the "Fund")
and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make
payments for specified uses to States and certain local governments; the District of Columbia and U.S.
Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments.
The CARES Act provides that payments from the Fund may only be used to cover costs that —
are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19);
2. were not accounted for in the budget most recently approved as of March 27, 2020 (the
date of enactment of the CARES Act) for the State or government; and
3. were incurred during the period that begins on March 1, 2020, and ends on December 30,
2020.'
The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations
on the permissible use of Fund payments.
Necessary expenditures incurred due to the public health emergency
The requirement that expenditures be incurred "due to" the public health emergency means that
expenditures must be used for actions taken to respond to the public health emergency. These may
include expenditures incurred to allow the State, territorial, local, or Tribal government to respond
directly to the emergency, such as by addressing medical or public health needs, as well as expenditures
incurred to respond to second -order effects of the emergency, such as by providing economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is
not a permissible use of Fund payments.
The statute also specifies that expenditures using Fund payments must be "necessary." The Department
of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its
intended use in the reasonable judgment of the government officials responsible for spending Fund
payments.
Costs not accounted for in the budget most recently approved as ofMarch 27, 2020
The CARES Act also requires that payments be used only to cover costs that were not accounted for in
the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the
' This version updates the guidance provided under "Costs incurred during the period that begins on March 1, 2020,
and ends on December 30, 2020".
2 See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act.
Page 1 of 4
cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost
is for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation.
The "most recently approved" budget refers to the enacted budget for the relevant fiscal period for the
particular government, without taking into account subsequent supplemental appropriations enacted or
other budgetary adjustments made by that government in response to the COVID-19 public health
emergency. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020
Finally, the CARES Act provides that payments from the Fund may only be used to cover costs that were
incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 (the "covered
period"). Putting this requirement together with the other provisions discussed above, section 601(d) may
be summarized as providing that a State, local, or tribal government may use payments from the Fund
only to cover previously unbudgeted costs of necessary expenditures incurred due to the COVID-19
public health emergency during the covered period.
Initial guidance released on April 22, 2020, provided that the cost of an expenditure is incurred when the
recipient has expended funds to cover the cost. Upon further consideration and informed by an
understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be
considered to have been incurred, performance or delivery must occur during the covered period but
payment of funds need not be made during that time (though it is generally expected that this will take
place within 90 days of a cost being incurred). For instance, in the case of a lease of equipment or other
property, irrespective of when payment occurs, the cost of a lease payment shall be considered to have
been incurred for the period of the lease that is within the covered period, but not otherwise.
Furthermore, in all cases it must be necessary that performance or delivery take place during the covered
period. Thus the cost of a good or service received during the covered period will not be considered
eligible under section 601(d) if there is no need for receipt until after the covered period has expired.
Goods delivered in the covered period need not be used during the covered period in all cases. For
example, the cost of a good that must be delivered in December in order to be available for use in January
could be covered using payments from the Fund. Additionally, the cost of goods purchased in bulk and
delivered during the covered period may be covered using payments from the Fund if a portion of the
goods is ordered for use in the covered period, the bulk purchase is consistent with the recipient's usual
procurement policies and practices, and it is impractical to track and record when the items were used. A
recipient may use payments from the Fund to purchase a durable good that is to be used during the current
period and in subsequent periods if the acquisition in the covered period was necessary due to the public
health emergency.
Given that it is not always possible to estimate with precision when a good or service will be needed, the
touchstone in assessing the determination of need for a good or service during the covered period will be
reasonableness at the time delivery or performance was sought, e.g., the time of entry into a procurement
contract specifying a time for delivery. Similarly, in recognition of the likelihood of supply chain
disruptions and increased demand for certain goods and services during the COVID-19 public health
emergency, if a recipient enters into a contract requiring the delivery of goods or performance of services
by December 30, 2020, the failure of a vendor to complete delivery or services by December 30, 2020,
will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods
or services if the delay is due to circumstances beyond the recipient's control.
Page 2 of 4
This guidance applies in a like manner to costs of subrecipients. Thus, a grant or loan, for example,
provided by a recipient using payments from the Fund must be used by the subrecipient only to purchase
(or reimburse a purchase of) goods or services for which receipt both is needed within the covered period
and occurs within the covered period. The direct recipient of payments from the Fund is ultimately
responsible for compliance with this limitation on use of payments from the Fund.
Nonexclusive examples of eligible expenditures
Eligible expenditures include, but are not limited to, payment for:
1. Medical expenses such as:
• COVID-19-related expenses of public hospitals, clinics, and similar facilities.
• Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.
• Costs of providing COVID-19 testing, including serological testing.
• Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.
• Expenses for establishing and operating public telemedicine capabilities for COVID-19-
related treatment.
2. Public health expenses such as:
• Expenses for communication and enforcement by State, territorial, local, and Tribal
governments of public health orders related to COVID-19.
• Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police officers,
social workers, child protection services, and child welfare officers, direct service providers
for older adults and individuals with disabilities in community settings, and other public
health or safety workers in connection with the COVID-19 public health emergency.
• Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response
to the COVID-19 public health emergency.
• Expenses for technical assistance to local authorities or other entities on mitigation of
COVID-19-related threats to public health and safety.
• Expenses for public safety measures undertaken in response to COVID-19.
• Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the COVID-
19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such
as:
• Expenses for food delivery to residents, including, for example, senior citizens and other
vulnerable populations, to enable compliance with COVID-19 public health precautions.
• Expenses to facilitate distance learning, including technological improvements, in connection
with school closings to enable compliance with COVID-19 precautions.
• Expenses to improve telework capabilities for public employees to enable compliance with
COVID-19 public health precautions.
Page 3 of 4
• Expenses of providing paid sick and paid family and medical leave to public employees to
enable compliance with COVID-19 public health precautions.
• COVID-19-related expenses of maintaining state prisons and county jails, including as relates
to sanitation and improvement of social distancing measures, to enable compliance with
COVID-19 public health precautions.
• Expenses for care for homeless populations provided to mitigate COVID-19 effects and
enable compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the COVID-19
public health emergency, such as:
• Expenditures related to the provision of grants to small businesses to reimburse the costs of
business interruption caused by required closures.
• Expenditures related to a State, territorial, local, or Tribal government payroll support
program.
• Unemployment insurance costs related to the COVID-19 public health emergency if such
costs will not be reimbursed by the federal government pursuant to the CARES Act or
otherwise.
6. Any other COVID-19-related expenses reasonably necessary to the function of government that
satisfy the Fund's eligibility criteria.
Nonexclusive examples of ineligible expenditures'
The following is a list of examples of costs that would not be eligible expenditures of payments from the
Fund.
1. Expenses for the State share of Medicaid.'
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
4. Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by States
to State unemployment funds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.
3 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an
elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of
injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result
of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or
physical illness, including a life -endangering physical condition caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
Furthermore, no government which receives payments from the Fund may discriminate against a health care entity
on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions.
'See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306.
Page 4 of 4
EXHIBIT — 2
Coronavirus Relief Fund
Frequently Asked Questions
Updated as of July 8, 2020
The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund
("Fund") Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020,
("Guidance").' Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and
set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act ("CARES Act").
Eligible Expenditures
Are governments required to submit proposed expenditures to Treasury for approval?
No. Governments are responsible for making determinations as to what expenditures are necessary due to
the public health emergency with respect to COVID-19 and do not need to submit any proposed
expenditures to Treasury.
The Guidance says that funding can be used to meet payroll expenses for public safety, public health,
health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency. How does a government
determine whether payroll expenses for a given employee satisfy the "substantially dedicated"
condition?
The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by
the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience
in light of the emergency nature of this program, a State, territorial, local, or Tribal government may
presume that payroll costs for public health and public safety employees are payments for services
substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the
chief executive (or equivalent) of the relevant government determines that specific circumstances indicate
otherwise.
The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is
for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation. What would qualify as a "substantially diffferent use "for purposes of'the Fund eligibility?
Costs incurred for a "substantially different use" include, but are not necessarily limited to, costs of
personnel and services that were budgeted for in the most recently approved budget but which, due
entirely to the COVID-19 public health emergency, have been diverted to substantially different
functions. This would include, for example, the costs of redeploying corrections facility staff to enable
compliance with COVID-19 public health precautions through work such as enhanced sanitation or
enforcing social distancing measures; the costs of redeploying police to support management and
enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to
develop online learning capabilities, such as through providing information technology support that is not
part of the staff or faculty's ordinary responsibilities.
Note that a public function does not become a "substantially different use" merely because it is provided
from a different location or through a different manner. For example, although developing online
instruction capabilities may be a substantially different use of funds, online instruction itself is not a
substantially different use of public funds than classroom instruction.
' The Guidance is available at httDs://home.treasury.�4ov/systeim/files/136/Coronavirus-Relief-Fund-Guidance-for-
State-Territorial-Local-and-Tribal-Governments 2ddf.
Page 1 of 11
May a State receiving a payment transfer funds to a local government?
Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health
emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be
subject to recoupment by the Treasury Department if they have not been used in a manner consistent with
section 601(d) of the Social Security Act.
May a unit of local government receiving a Fund payment transfer funds to another unit of
government?
Yes. For example, a county may transfer funds to a city, town, or school district within the county and a
county or city may transfer funds to its State, provided that the transfer qualifies as a necessary
expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of
the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent
city would not be permissible if the funds were intended to be used simply to fill shortfalls in government
revenue to cover expenditures that would not otherwise qualify as an eligible expenditure.
Is a Fund payment recipient required to transfer funds to a smaller, constituent unit ofgovernment
within its borders?
No. For example, a county recipient is not required to transfer funds to smaller cities within the county's
borders.
Are recipients required to use other federal funds or seek reimbursement under other federalprograms
before using Fund payments to satisfy eligible expenses?
No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social
Security Act outlined in the Guidance. Fund payments are not required to be used as the source of
funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover
expenditures for which they will receive reimbursement.
Are there prohibitions on combining a transaction supported with Fund payments with other CARES
Act funding or COVID-19 relief Federal funding?
Recipients will need to consider the applicable restrictions and limitations of such other sources of
funding. In addition, expenses that have been or will be reimbursed under any federal program, such as
the reimbursement by the federal government pursuant to the CARES Act of contributions by States to
State unemployment funds, are not eligible uses of Fund payments.
Are States permitted to use Fund payments to support state unemployment insurance funds generally?
To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the
COVID-19 public health emergency, a State may use Fund payments to make payments to its respective
state unemployment insurance fund, separate and apart from such State's obligation to the unemployment
insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related
to the public health emergency from causing their state unemployment insurance funds to become
insolvent.
Page 2 of 11
Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by
the recipient as an employer?
Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an
employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
The Guidance states that the Fund may support a "broad range of uses" including payroll expenses for
several classes of employees whose services are "substantially dedicated to mitigating or responding to
the COVID-19 public health emergency. " What are some examples of types of covered employees?
The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible
expenses under the Fund. These classes of employees include public safety, public health, health care,
human services, and similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public
employees who could have been furloughed or otherwise laid off but who were instead repurposed to
perform previously unbudgeted functions substantially dedicated to mitigating or responding to the
COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and
benefit costs of educational support staff or faculty responsible for developing online learning capabilities
necessary to continue educational instruction in response to COVID-19-related school closures. Please
see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget
most recently approved as of March 27, 2020.
In some cases, first responders and critical health care workers that contract COVID-19 are eligible
for workers' compensation coverage. Is the cost of this expanded workers compensation coverage
eligible?
Increased workers compensation cost to the government due to the COVID-19 public health emergency
incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible
expense.
If a recipient would have decommissioned equipment or not renewed a lease on particular office space
or equipment but decides to continue to use the equipment or to renew the lease in order to respond to
the public health emergency, are the costs associated with continuing to operate the equipment or the
ongoing lease payments eligible expenses?
Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section
601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible.
May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees
to improve telework capabilities) rather than require employees to incur the eligible cost and submit for
reimbursement?
Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the
public health emergency. As such, unless the government were to determine that providing assistance in
the form of a stipend is an administrative necessity, the government should provide such assistance on a
reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses.
Page 3 of 11
May Fund payments be used for COVID-19 public health emergency recovery planning?
Yes. Expenses associated with conducting a recovery planning project or operating a recovery
coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section
601(d) of the Social Security Act outlined in the Guidance.
Are expenses associated with contact tracing eligible?
Yes, expenses associated with contract tracing are eligible.
To what extent may a government use Fund payments to support the operations of private hospitals?
Governments may use Fund payments to support public or private hospitals to the extent that the costs are
necessary expenditures incurred due to the COVID-19 public health emergency, but the form such
assistance would take may differ. In particular, financial assistance to private hospitals could take the
form of a grant or a short-term loan.
May payments from the Fund be used to assist individuals with enrolling in a government benefit
program for those who have been laid off due to COVID-19 and thereby lost health insurance?
Yes. To the extent that the relevant government official determines that these expenses are necessary and
they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the
Guidance, these expenses are eligible.
May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to
supply chain disruptions?
Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic
support as a result of the COVID-19 health emergency.
Would providing a consumer grant program to prevent eviction and assist in preventing homelessness
be considered an eligible expense?
Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the
COVID-19 public health emergency and the grants meet the other requirements for the use of Fund
payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter,
providing assistance to recipients to enable them to meet property tax requirements would not be an
eligible use of funds, but exceptions may be made in the case of assistance designed to prevent
foreclosures.
May recipients create a "payroll support program"for public employees?
Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to
those employees whose work duties are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
May recipients use Fund payments to cover employment and training programs for employees that
have been furloughed due to the public health emergency?
Yes, this would be an eligible expense if the government determined that the costs of such employment
and training programs would be necessary due to the public health emergency.
Page 4 of 11
May recipients use Fund payments to provide emergency financial assistance to individuals and
families directly impacted by a loss of income due to the COVID-19 public health emergency?
Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could
include, for example, a program to assist individuals with payment of overdue rent or mortgage payments
to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual
needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm
of what is administratively feasible, that such assistance is necessary.
The Guidance provides that eligible expenditures may include expenditures related to the provision of
grants to small businesses to reimburse the costs of business interruption caused by required closures.
What is meant by a "small business, " and is the Guidance intended to refer only to expenditures to
cover administrative expenses of such a grant program?
Governments have discretion to determine what payments are necessary. A program that is aimed at
assisting small businesses with the costs of business interruption caused by required closures should be
tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to
reimburse the costs of business interruption caused by required closures would also be an eligible
expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance.
The Guidance provides that expenses associated with the provision of economic support in connection
with the public health emergency, such as expenditures related to the provision of grants to small
businesses to reimburse the costs of business interruption caused by required closures, would
constitute eligible expenditures of Fundpayments. Would such expenditures be eligible in the absence
of a stay-at-home order?
Fund payments may be used for economic support in the absence of a stay-at-home order if such
expenditures are determined by the government to be necessary. This may include, for example, a grant
program to benefit small businesses that close voluntarily to promote social distancing measures or that
are affected by decreased customer demand as a result of the COVID-19 public health emergency.
May Fund payments be used to assist impacted property owners with the payment of their property
taxes?
Fund payments may not be used for government revenue replacement, including the provision of
assistance to meet tax obligations.
May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a
direct subsidy payment to all utility account holders?
Fund payments may not be used for government revenue replacement, including the replacement of
unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the
extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to
the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social
Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a
government could provide grants to individuals facing economic hardship to allow them to pay their
utility fees and thereby continue to receive essential services.
Page 5 of 11
Could Fund payments be used for capital improvement projects that broadly provide potential
economic development in a community?
In general, no. If capital improvement projects are not necessary expenditures incurred due to the
COVID-19 public health emergency, then Fund payments may not be used for such projects.
However, Fund payments may be used for the expenses of, for example, establishing temporary public
medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation
measures, including related construction costs.
The Guidance includes workforce bonuses as an example of ineligible expenses but provides that
hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific
definition of "hazard pay"?
Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in
each case that is related to COVID-19.
The Guidance provides that ineligible expenditures include "[pjayroll or benefits expenses for
employees whose work duties are not substantially dedicated to mitigating or responding to the
COVID-19 public health emergency. " Is this intended to relate only to public employees?
Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A
recipient would not be pennitted to pay for payroll or benefit expenses of private employees and any
financial assistance (such as grants or short-term loans) to private employers are not subject to the
restriction that the private employers' employees must be substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
May counties pre pay with CARES Act funds for expenses such as a one or two year facility lease,
such as to house staff hired in response to COVID-19?
A government should not make prepayments on contracts using payments from the Fund to the extent that
doing so would not be consistent with its ordinary course policies and procedures.
Must a stay-at-home order or other public health mandate be in effect in order for a government to
provide assistance to small businesses using payments from the Fund?
No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures
related to the provision of grants to small businesses to reimburse the costs of business interruption
caused by required closures. Such assistance may be provided using amounts received from the Fund in
the absence of a requirement to close businesses if the relevant government determines that such
expenditures are necessary in response to the public health emergency.
Page 6 of 11
Should States receiving a payment transfer funds to local governments that did not receive payments
directly from Treasury?
Yes, provided that the transferred funds are used by the local government for eligible expenditures under
the statute. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to
make direct payments to local governments with populations in excess of 500,000, in amounts equal to
45% of the local government's per capita share of the statewide allocation. This statutory structure was
based on a recognition that it is more administratively feasible to rely on States, rather than the federal
government, to manage the transfer of funds to smaller local governments. Consistent with the needs of
all local governments for funding to address the public health emergency, States should transfer funds to
local governments with populations of 500,000 or less, using as a benchmark the per capita allocation
formula that governs payments to larger local governments. This approach will ensure equitable
treatment among local governments of all sizes.
For example, a State received the minimum $1.25 billion allocation and had one county with a population
over 500,000 that received $250 million directly. The State should distribute 45 percent of the $1 billion
it received, or $450 million, to local governments within the State with a population of 500,000 or less.
May a State impose restrictions on transfers of funds to local governments?
Yes, to the extent that the restrictions facilitate the State's compliance with the requirements set forth in
section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such
as the Single Audit Act, discussed below. Other restrictions are not permissible.
If a recipient must issue tax anticipation notes (TANS) to make up for tax due date deferrals or revenue
shortfalls, are the expenses associated with the issuance eligible uses of Fund payments?
If a government determines that the issuance of TANS is necessary due to the COVID-19 public health
emergency, the government may expend payments from the Fund on the interest expense payable on
TANS by the borrower and unbudgeted administrative and transactional costs, such as necessary
payments to advisors and underwriters, associated with the issuance of the TANS.
May recipients use Fundpayments to expand rural broadband capacity to assist with distance learning
and telework?
Such expenditures would only be permissible if they are necessary for the public health emergency. The
cost of projects that would not be expected to increase capacity to a significant extent until the need for
distance learning and telework have passed due to this public health emergency would not be necessary
due to the public health emergency and thus would not be eligible uses of Fund payments.
Are costs associated with increased solid waste capacity an eligible use of payments from the Fund?
Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to
the disposal of used personal protective equipment, would be an eligible expenditure.
May payments from the Fund be used to cover across-the-board hazard pay for employees working
during a state of emergency?
No. The Guidance says that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency. Hazard pay is a form of payroll
expense and is subject to this limitation, so Fund payments may only be used to cover hazard pay for such
individuals.
Page 7 of 11
May Fund payments be used for expenditures related to the administration of Fund payments by a
State, territorial, local, or Tribal government?
Yes, if the administrative expenses represent an increase over previously budgeted amounts and are
limited to what is necessary. For example, a State may expend Fund payments on necessary
administrative expenses incurred with respect to a new grant program established to disburse amounts
received from the Fund.
May recipients use Fund payments to provide loans?
Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act
as implemented by the Guidance. Any amounts repaid by the borrower before December 30, 2020, must
be either returned to Treasury upon receipt by the unit of government providing the loan or used for
another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act.
Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury
upon receipt by the unit of government lending the funds.
May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak?
Fund payments may be used only for expenditures necessary to address the current COVID-19 public
health emergency. For example, a State may spend Fund payments to create a reserve of personal
protective equipment or develop increased intensive care unit capacity to support regions in its
jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic.
May funds be used to satisfy non federal matching requirements under the Stafford Act?
Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford
Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise
satisfy the Fund's eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for
such purposes, FEMA funding is still dependent on FEMA's determination of eligibility under the
Stafford Act.
Must a State, local, or tribal government require applications to be submitted by businesses or
individuals before providing assistance using payments from the Fund?
Governments have discretion to determine how to tailor assistance programs they establish in response to
the COVID-19 public health emergency. However, such a program should be structured in such a manner
as will ensure that such assistance is determined to be necessary in response to the COVID-19 public
health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law.
For example, a per capita payment to residents of a particular jurisdiction without an assessment of
individual need would not be an appropriate use of payments from the Fund.
May Fund payments be provided to non profits for distribution to individuals in need of financial
assistance, such as rent relief?
Yes, non -profits may be used to distribute assistance. Regardless of how the assistance is structured, the
financial assistance provided would have to be related to COVID-19.
May recipients use Fund payments to remarket the recipient's convention facilities and tourism
industry?
Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to
publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to
Page 8 of 11
the public health emergency. Expenses related to developing a long-term plan to reposition a recipient's
convention and tourism industry and infrastructure would not be incurred due to the public health
emergency and therefore may not be covered using payments from the Fund.
May a State provide assistance to fanners and meat processors to expand capacity, such to cover
overtime for USDA meat inspectors?
If a State determines that expanding meat processing capacity, including by paying overtime to USDA
meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased
capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses
are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d)
of the Social Security Act outlined in the Guidance.
The guidance provides that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated
to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to
cover such an employee's entire payroll cost or just the portion of time spent on mitigating or
responding to the COVID-19 public health emergency?
As a matter of administrative convenience, the entire payroll cost of an employee whose time is
substantially dedicated to (mitigating or responding to the COVID-19 public health emergency is eligible,
provided that such payroll costs are incurred by December 30, 2020. An employer may also track time
spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so
consistently within the relevant agency or department.
May Fund payments be used to cover increased administrative leave costs of public employees
who could not telework in the event of a stay at home order or a case of COVID-19 in the
workplace?
The statute requires that payments be used only to cover costs that were not accounted for in the
budget most recently approved as of March 27, 2020. As stated in the Guidance, a cost meets
this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or
allocation within that budget or (b) the cost is for a substantially different use from any expected
use of funds in such a line item, allotment, or allocation. If the cost of an employee was
allocated to administrative leave to a greater extent than was expected, the cost of such
administrative leave may be covered using payments from the Fund.
Questions Related to Administration of Fund Payments
Do governments have to return unspent funds to Treasury?
Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act,
provides for recoupment by the Department of the Treasury of amounts received from the Fund that have
not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has
not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the
statute, those funds must be returned to the Department of the Treasury.
What records must be kept by governments receiving payment?
Page 9 of 11
A government should keep records sufficient to demonstrate that the amount of Fund payments to the
government has been used in accordance with section 601(d) of the Social Security Act.
May recipients deposit Fund payments into interest bearing accounts?
Yes, provided that if recipients separately invest amounts received from the Fund, they must use the
interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government
deposits Fund payments in a government's general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended.
May governments retain assets purchased with payments from the Fund?
Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided
by section 601(d) of the Social Security Act.
What rules apply to the proceeds of disposition or sale of assets acquired using payments from the
Fund?
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the
restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social
Security Act.
Are Fund payments to State, territorial, local, and tribal governments considered grants?
No. Fund payments made by Treasury to State, territorial, local, and Tribal governments are not
considered to be grants but are "other financial assistance" under 2 C.F.R. § 200.40.
Are Fund payments considered federal financial assistance for purposes of the Single Audit Act?
Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31
U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding
internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and
subpart F regarding audit requirements.
Are Fund payments subject to other requirements of the Uniform Guidance?
Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2
C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient
monitoring and management, and subpart F regarding audit requirements.
Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund?
Yes. The CFDA number assigned to the Fund is 21.019.
If a State transfers Fundpayments to its political subdivisions, would the transferred funds count
toward the subrecipients' total funding received from the federal government for purposes of the
Single Audit Act?
Yes. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2
C.F.R. part 200, subpart F re: audit requirements. Subrecipients are subject to a single audit or program -
Page 10 of 11
specific audit pursuant to 2 C.F.R. § 200.501(a) when the subrecipients spend $750,000 or more in federal
awards during their fiscal year.
Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted
under the Single Audit Act?
Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 C.F.R
200.425.
If a government has transferred funds to another entity, from which entity would the Treasury
Department seek to recoup the funds if they have not been used in a manner consistent with section
601(d) of the Social Security Act?
The Treasury Department would seek to recoup the funds from the government that received the payment
directly from the Treasury Department. State, territorial, local, and Tribal governments receiving funds
from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program
or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the
Guidance.
Page 11 of 11
EXHIBIT — 3
�NTOFT DEPARTMENT OF THE TREASURY
a
WASHINGTON, D.C. 20220
1�89
OFFICE OF July 2, 2020
INSPECTOR GENERAL
OIG-CA-20-021
MEMORANDUM FOR CORONAVIRUS RELIEF FUND RECIPIENTS
FROM: Richard K. Delmar /s/
Deputy Inspector General
SUBJECT: Coronavirus Relief Fund Reporting and Record Retention
Requirements
Title VI of the Social Security Act, as amended by Title V of Division A of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 1 15-136), provides
that the Department of the Treasury (Treasury) Office of Inspector General (OIG) is
responsible for monitoring and oversight of the receipt, disbursement, and use of
Coronavirus Relief Fund payments. Treasury OIG also has authority to recover
funds in the event that it is determined a recipient of a Coronavirus Relief Fund
payment failed to comply with requirements of subsection 601(d) of the Social
Security Act, as amended, (42 U.S.C. 801(d)). Accordingly, we are providing
recipient reporting and record retention requirements that are essential for the
exercise of these responsibilities, including our conduct of audits and
investigations.
Reporting Requirements and Timelines
Each prime recipient of Coronavirus Relief Fund payments' shall report Coronavirus
Disease 2019 (COVID-19) related "costs incurred" during the "covered period "2
(the period beginning on March 1, 2020 and ending on December 30, 2020), in the
manner of and according to the timelines outlined in this memorandum. As
described below, each prime recipient shall report interim and quarterly data and
other recipient data according to these requirements. Treasury OIG is working on
development of a portal with GrantSolutions3 that is expected to be operational on
' Prime recipients include all 50 States, Units of Local Governments, the District of Columbia, U.S.
Territories, and Tribal Governments that received a direct payment from Treasury in accordance
with Title V.
2 Refer to Treasury's guidance dated June 30, 2020 for more information on costs incurred and the
covered period.
3 A grant management service provider under the U.S. Department of Health and Human Services.
Page 1 of 4
September 1, 2020, for recipients to report data on a quarterly basis. Until the
GrantSolutions portal is operational, each prime recipient shall follow the interim
reporting requirements. Treasury OIG will notify each prime recipient when
GrantSolutions is operational or of any changes to the expected September 1, 2020
start date.
Interim Reporting for the period March 1 through June 30, 2020
By no later than July 17, 2020, each prime recipient is responsible for reporting costs
incurred during the period March 1 through June 30, 2020. For this interim report, prime
recipients need only report totals by the following broad categories:
a. Amount transferred to other governments;
b. Amount spent on payroll for public health and safety employees;
c. Amount spent on budgeted personnel and services diverted to a substantially
different use;
d. Amount spent to improve telework capabilities of public employees;
e. Amount spent on medical expenses;
f. Amount spent on public health expenses;
g. Amount spent to facilitate distance learning;
h. Amount spent providing economic support;
i. Amount spent on expenses associated with the issuance of tax anticipation notes;
and
j. Amount spent on items not listed above.
Recipients should consult Treasury's guidance and Frequently Asked Questions in
reporting costs incurred during the period March 1 through June 30, 2020. The total of
all categories must equal the total of all costs incurred during that period. A spreadsheet
is attached for your use in providing the data. As discussed below, the prime recipient
will be required to report information for the period March 1 through June 30, 2020 into
GrantSolutions once it is operational.
Quarterly Reporting
Each prime recipient of Coronavirus Relief Fund payments shall report COVID-19 related
costs into the GrantSolutions portal. Data required to be reported includes, but is not
limited to, the following:
1. the total amount of payments from the Coronavirus Relief Fund received from
Treasury;
2. the amount of funds received that were expended or obligated for each project or
activity;
3. a detailed list of all projects or activities for which funds were expended or
obligated, including:
a. the name of the project or activity;
b. a description of the project or activity; and
Page 2 of 4
4. detailed information on any loans issued; contracts and grants awarded; transfers
made to other government entities; and direct payments made by the recipient
that are greater than $50,000.
The prime recipient is responsible for reporting into the GrantSolutions portal information
on uses of Coronavirus Relief Fund payments.
Recipient Portal Access: For future quarterly reporting, each prime recipient will have
GrantSolutions portal access for three (3) individuals: two (2) designees (preparers) to
input quarterly data and one (1) official authorized to certify that the data is true,
accurate, and complete.' By no later than July 17, 2020, please provide the name, title,
email address, phone number, and postal address of these individuals so that portal
access can be granted. After this information is received, guidance on the
GrantSolutions portal access and data submission instructions will be issued separately.
Reporting timeline
By no later than September 21, 2020, recipients shall submit via the portal the first
detailed quarterly report, which shall cover the period March 1 through June 30, 2020.
Thereafter, quarterly reporting will be due no later than 10 days after each calendar
quarter. For example, the period July 1 through September 30, 2020, must be reported
no later than October 13, 2020 (Tuesday after the 10`" day of October and the
Columbus Day Holiday). Reporting shall end with either the calendar quarter after the
COVID-19 related costs and expenditures have been liquidated and paid or the calendar
quarter ending September 30, 2021, whichever comes first.
Record Retention Requirements
Recipients of Coronavirus Relief Fund payments shall maintain and make available to the
Treasury OIG upon request all documents and financial records sufficient to establish
compliance with subsection 601(d) of the Social Security Act, as amended, (42 U.S.C.
801(d)), which provides:
(d) USE OF FUNDS. —A State, Tribal government, and unit of local government shall use
the funds provided under a payment made under this section to cover only those costs
of the State, Tribal government, or unit of local government that-
1. are necessary expenditures incurred due to the public health emergency
with respect to COVID-19;
2. were not accounted for in the budget most recently approved as of the date
of enactment of this section for the State or government; and
4 The certifying official is an authorized representative of the recipient organization with the legal authority
to give assurances, make commitments, enter into contracts, and execute such documents on behalf of
the recipient.
Page 3 of 4
3. were incurred' during the period that begins on March 1, 2020, and
ends on December 30, 2020.
Records to support compliance with subsection 601(d) may include, but are not
limited to, copies of the following:
1. general ledger and subsidiary ledgers used to account for (a) the
receipt of Coronavirus Relief Fund payments and (b) the disbursements
from such payments to meet eligible expenses related to the public
health emergency due to COVID-19;
2. budget records for 2019 and 2020;
3. payroll, time records, human resource records to support costs
incurred for payroll expenses related to addressing the public health
emergency due to COVID-19;
4. receipts of purchases made related to addressing the public health
emergency due to COVID-19;
5. contracts and subcontracts entered into using Coronavirus Relief Fund
payments and all documents related to such contracts;
6. grant agreements and grant subaward agreements entered into using
Coronavirus Relief Fund payments and all documents related to such
awards;
7. all documentation of reports, audits, and other monitoring of
contractors, including subcontractors, and grant recipient and
subrecipients;
8. all documentation supporting the performance outcomes of contracts,
subcontracts, grant awards, and grant recipient subawards;
9. all internal and external email/electronic communications related to use
of Coronavirus Relief Fund payments; and
10. all investigative files and inquiry reports involving Coronavirus Relief
Fund payments.
Records shall be maintained for a period of five (5) years after final payment is
made using Coronavirus Relief Fund monies. These record retention requirements
are applicable to all prime recipients and their grantees and subgrant recipients,
contractors, and other levels of government that received transfers of Coronavirus
Relief Fund payments from prime recipients.
Thank you and we appreciate your assistance.
' Refer to Treasury's guidance dated June 30, 2020 for more information on the definition of costs
incurred.
Page 4 of 4
Attachment A
DESIGNATION OF AUTHORITY
Instructions for Completion
The Designation of Authority Form should be completed in its entirety, listing the name and information
for all representatives who will be authorized agents for the Miami -Dade County (County) Coronavirus Aid,
Relief, and Economic Security Act (CARES Act) Corona Relief Fund (CRF) Program. The form is divided
into six blocks; each block must be completed where appropriate.
Block 1: "Authorized Agent" — This should be the highest authority in your Municipality who is authorized
to sign legal documents on behalf of your Municipality. (Only one Authorized Agent is allowed).
Block 2: "Primary Agent" — This is the person designated by your Municipality to receive all
correspondence and is our main point of contact. This contact will be responsible for answering
questions, uploading documents, and submitting reports/requests in the County's Grants Management
System. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all
internal stakeholders on all Program activities. (Only one Primary Agent is allowed).
Block 3: "Alternate Agent" — This is the person designated by your Municipality to be available when
the Primary is not. (Only one Alternate Agent is allowed).
Block 4, 5, and 6: "Authorized Agent to Request Funds/Reimbursements" — These are the persons
authorized to excecute requests for reimbursement, certification, or other required documents on behalf of
the Municipality.
Page 1 of 2
DESIGNATION OF AUTHORITY
CORONVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT)
CORONA RELIEF FUND CR PROGRAM
Municipality:
Box 1: Authorized Agent
Box 2: Primary Agent
Agent's Name
Agent's Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Box 3: Alternate Agent
Box 4: Authorized Agent to Request Funds/Reimbursements
Agent's Name
Official's Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Box 5: Authorized Agent to Request Funds/Reimbursements
Box 6: Authorized Agent to Request Funds/Reimbursements
Agent's Name
Agent's Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
The above Primary and Alternate Agents are hereby authorized to execute and sign the Interlocal and other pertinent documents related to the CARES
Act CRT Program. The persons designated in boxes 4 through 6 are authorized to excecute requests for reimbursement, certification, or other required
documents on behalf of the Municipality.
Municipality Authorized Agent Signature
Date
Page 2 of 2