CARES ACT FUNDING AGREEMENT CARES ACT FUNDING AGREEMENT
.BETWEEN
PINELLAS COUNTY
AND THE PINELLAS LOCAL GOVERNMENT OF
CITY OF CLEA.RWATER.
THIS AGREEMENT is entered into by Pinellas County, a political subdivision of the,
State of Florida, (hereinafter. referred to as the "County"), and the Pinellas. County Local
Government of City of Clearwater; (hereinafter referred to as the "Pinellas Local Government"or
"Subrecipient"). The:purpose of this agreement is to set forth the terms and conditions under which
the County will provide.Subrecipient City of Clearwater with up to Two Million Three Hundred
Ninety Seven Thousand Three Hundred Ninety Three Dollars and Zero Cents ($2;397,3.93:00) as
a grant to pay or reimburse necessary expenditures incurred due.to the COVTD=1.9 emergency for
the period of March 1, 2020 through December 3.0, 2920. Grant funds may only be used to pay or
reimburse eligible expenditures as described herein. No grant.funds may be used to pay or
reimburse costs reimbursed by insurance.or under other federal.
programs.
The Grant Funds.provided Herein are an allocation of the coronavirus relief fund,as created
in section 5001 of H.R. 748;of the Coronavirus Aid.,Relief,and Economic Security Act(CARES
Act). Subrecipient agrees to administer the grant proceeds consistent with this Agreement, in
accordance: with the applicable provisions of the CARES Act, any future applicable guidance
issued by the U. S. Department of Treasury and any other applicable federal provisions.
Subrecipient shall provide the County with certification (part of.Attachment A)that grant funds
were used.for eligible expenses.
WITNESSETH:
This Agreement is entered based on the following representations:
A. The Subrecipient represents that it.is fully qualif ed and eligible to xeceive this funding.
for the purposes identified herein; and
B. The County has the authority to distribute these funds to the Subrecipient upon the
terms and conditions below; and
C. The County has statutory authority to disburse the funds under this Agreement; and
D. The CARES Act, Section 601(4) of the Social Security Act; created the Coronavirus
Relief Fund (CRF) and provided the County with Coronavirus.Relief Funds (CFDA
21.0:19}.
Therefore;the County and the Subrecipient.agree to the following:
(1) Specific Grant Information.
This Agreement shall be. undertaken and accomplished in;accordance.with the terms and
conditions specified herein and the Appendices named below, which are attached hereto
and by reference incorporated herein:
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PCAs Dae 345798
Attachment. A,. "PINELLAS CARES - LOCAL GOVERNMENT CORONAVIRUS
RELIEF FUND (CRF)REIMBURSEMENT REQUEST FORM";
Attachment.B.; "Pinellas CARES Eligible and Ineligible.Expenditures:"
2 G.F.R. § 200.331('a)(1) (Federal Award Identification) requires that certain specific
information about the Granit be included in this Agreement. Such information, consistent
with the accordant.subsections under 2 C.F,R, § 200.331(a)(1), follows:
(i) Subrecipienfs name: City.of Clearwater
(ii) Subrecipient's Unique Entity Identifier or Data Universal Numbering System
[DUNS) number: 0783.07303
(iii) Federal.Award Identification Number: Direct payment from the Department of
the Treasury('Treasury')pursuant to section 601(b)of the Social SecurityAct,
as added by section 5001 of the Coronavirus Aid, Relief,, and Economic
Security Act,.Pub, L.No. 116-136,.div.A,Title V (Mar. 27,2020).
(iv) Federal.Award Date: March 27, 2020.
(v) Subaward Period of Performance. Start. and End. Date: Upon Execution to
12/3012020
(vi) Amount of Federal Funds Obligated by this Action by the Pass Through-Entity to
the Subrecipient: $2,397,393.00
(vii) Total Amount ofFederal Funds Obligated to the Subrecipient by.the Pass-Through
Entity Including the Current Obligation: $2,397,393.00
(viii) Total Amount of the Federal Award: $ 170,129,283.40 Total
(ix) Federal Award Project Description, as Required to be Responsive to the Federal
Funding Accountability and Transparency Act: CARES Act- Coronavirus Relief
Fund (CARES Act)
(x) Name of Federal Awarding Agency,Pass-Through Entity,and Contact Information
for Awarding Official of the Pass-Through Entity:
Federal Awarding Agency: United States Department of Treasury
Pass-Through Entity: Pinellas County,Florida
Contact Information for Awarding Official of the.Pass=Tl-trough Entity:
Aubrey Phillips,
Pinellas County Office of Management& Budget
14 S. Ft. Harrison Ave., 511 Floor
Clearwater,.FL 33756
(xi) CFD.A Number and Name; the Pass-Through Entity Must Identify the Dollar
Amount Made Available Under Each Federal Award and the CFDA Number at
Time of Disbursement:
CFDA Number(at time of disbursement):2L019
CFDA Name. Coronavirus Relief Fund (CRF)
Total Dollar Amount Available Under this.Federal Award:.
$170,1291,283.40 total
(xii) Identification of Whether the Award is R&D: Award is not R&D.
(xiii) Indirect.Cost Rate for AGENCY portion.of the Federal Award:. Not applicable to
this agreement
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PCAO.Doc 305.798:
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. To the extent required by the U.S. Treasury, performance under this Agreement is
subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards."
b. The Subrecipient and the County will be governed by all applicable State and Federal
laws, rules and regulations. Any express reference in this Agreement to a particular
statute, rule, or regulation in no way implies that no other statute, rule, or regulation
applies.
(3) CONTACT
a. The County's Program Manager will be responsible for enforcing performance of this
Agreement's terms and conditions and will serve as the County's liaison with the
Subrecipient. As part of his/her duties, the Program Manager for the County will
monitor and document Subrecipient performance.
b. The County's Program Manager for this Agreement is.
Name- Aubrey Phillips
Department: Office of Management and Budget
Address: 14 S. Ft. Harrison Ave.
Telephone: 727-464-3678
l(�,, inellascoi.ir.,ty.orca
Email: aohillinsVp'
c. The name and address of the representative of the Subrecipient responsible for the
administration of this Agreement is:
Name: Jevon Graham, District Chief of Emergency Management
Department: Clearwater Fire& Rescue
Address- 1140 Court St, Clearwater, FL 33756
Telephone: 0. 727-562-4334 0205 C: 727-385-5510
Email: Jevon.graham@myclearwater.com
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title, address, telephone, and
email of the new representative will be provided to the other party.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts,any one of which may
be taken as an original.
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PCAO Doc 305798
(6) MODIFICATION
This Agreement may only be modified upon mutual written agreement.
(7) PERIOD OF AGREEMENT
This Agreement shall be effective from (final execution
dateJ and shall end on December 311, 2020, unless terminated earlier in accordance
with the provisions of Paragraph(15)TERMINATION, The Subrecipient may expend
funds authorized by this Agreement only for allowable costs resulting from obligations
incurred during the period from March 1,202CO,and shall end on December 30,2020.
(8) FUNDING
a. The County's performance and obligation to pay under this Agreement is contingent
upon funding from the United States Treasury under the CARES Act.
Except as further limited below, Subrecipient may only use payments for any expenses
eligible under Section 601(d) of the Social Security Act, specifically the Coronavirus
Relief Fund and further outlined in US Treasury Guidance, as it may be updated and
supplemented by answers to frequently asked questions from time to time. Payments
are not required to be used as the source of funding of last resort.
b. For the purposes of this Agreement, the term "improper payment" means or includes,
any payment that should not have been made or that was made in an incorrect amount
(including overpayments and underpayments) -under statutory, contractual,
administrative, or other legally applicable requirements.
c. As the County will be responsible for repayment to The Treasury for improper
payments,the Subrecipient is responsible for the repayment of funds to the County for
expenditures that the County or the Federal government determines are ineligible under
the CARES Act, or if any funds were used in a manner that is not consistent or
allowable per this Agreement.The County's determination will be guided by applicable
guidance issued by the U.S. Treasury as those may be updated or amended from time
to time. This includes situations where the County or the Federal government
determines Subrecipient provided funds to the same applicant to whom the County
already provided funds for the same purpose(a"Duplicate Payment").
d. The CARES Act requires that the payments from the Coronavirus Relief Fund only be
used to cover expenses that—
i. are necessary expenditures incurred due to the public health emergency with respect
to the Coronavirus Disease 2019 (COVID-19);
ii. 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 Subrecipient; and
iii. were incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020. Funds transferred to Subrecipient must qualify as a necessary
expenditure incurred due to the public health emergency and meet the other criteria
of section 601(d) of the Social Security Act. Such funds would be subject to
recoupment by the Treasury Department if the funds have not been used in a
manner consistent with Section 60 1(d) of the Social Security Act.
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PCAO Doc 305798
e. Payment(s)will be based on eligible costs-under the CARES Act as maybe
limited by this Agreement. Additional payment provisions can be found in
Section (18) PAYMENTS.
(9) RECORDS
a. As a condition of receiving County or federal financial assistance, the County or any
of its authorized representatives, shall enjoy the right of access to any documents,
financial statements,papers, or other records of the Subrecipient which are pertinent to
this Agreement, in order to make audits, examinations, excerpts, and transcripts. The
right to access also includes timely and reasonable access to the Subreciplent's
personnel for the purpose of interview and discussion related to such documents. For
the purposes of this section, the term "Subrecipient" includes employees or agents,
including all subcontractors or consultants to be paid from funds provided under this
Agreement.
b, The Subrecipient shall maintain all records related to this Agreement for the period of
time specified in the appropriate retention schedule published by the Florida
Department of State. Infon-nation regarding retention schedules can be obtained at:
..................
sl-chedu'lesi.
c. Additionally, the Subrecipient shall retain all documents and financial records
sufficient to establish compliance with the CARES Act for a period of six (6) years
after final payment is made.
d. Florida's Public Records Law provides a right to access the records of the state and
local governments as well as to private entities acting on their behalf. Unless
specifically exempted from disclosure by the Legislature, all materials made or
received by a governmental agency (or a private entity acting on behalf of such an
agency) in conjunction with official business which are used to perpetuate,
communicate, or formalize knowledge qualify as public records subject to public
inspection.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES,TO THE SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TOTHIS CONTRACT, CONTACT
THE PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS,
PURCHASING AND RISK MANAGEMENT DIVISION, OPERATIONS
MANAGER CUSTODIAN OF PUBLIC RE-CORDS AT 727-464-3311,
PURCHASE@Pr-NELLASCOUNTY,ORG, PINELLAS COUNTY GOVERNMENT,
PURCHASING AND RISK MANAGEMENT DEPARTMENT, OPERATIONS
MANAGER, 400 S. FT. HARRISON AVE, 6TH FLOOR, CLEARWATER, FL
33756.
(10) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As
defined by 2 C.F.R. § 200.49, "GAAP has the meaning specified in accounting
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PCAO Doe 305798
standards issued by the Government Accounting Standards Board (GASB) and the
Financial Accounting Standards Board (FASB)."
b. When conducting an audit of the Subrecipient's performance under this Agreement,
the Subrecipient must use Generally Accepted Government Auditing Standards
("GAGAS"). As defined by 2 C.F.R. § 200.50, "GAGAS, also known as the Yellow
Book, means generally accepted government auditing standards issued by the
Comptroller General of the United States, which are applicable to financial audits."
c. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of, and in compliance with this Agreement, the
Subrecipient will be held liable for reimbursement to the County of all funds not spent
in accordance with these applicable regulations, Treasury Guidance as it may be
amended from time to time and supplemented by answers to frequently asked
questions, and Agreement provisions, and will be repaid to the County within thirty
(30)days after the County has notified the Subrecipient of such non-compliance.
d. The Subrecipient must have all audits completed by an independent auditor, which is
defined in Section 215.97(2)(i), Florida Statutes, as "an independent certified public
accountant licensed under Chapter 473." The independent auditor must state that the
audit complied with the applicable provisions noted above. The audits must be
received by the County no later than nine months from the end of the Subrecipient's
fiscal year.
e. The Subrecipient must send copies of reporting packages required under this paragraph
directly to each of the following:
Department-, Office of Management and Budget
Address: 14 S, Ft. Harrison Ave, Clearwater, FL 33756
Email: cai-esforcities"i ,,, tnelhisg I ,.org
f. Fund payments are considered to be federal financial assistance subject to the Single
Audit Act and the related provisions of the Uniform Guidance.
(11) REPORTS
a. The Subrecipient must provide the County with a close-out report upon request by the
County. This report must include the status of the expenditure of funds under this
Agreement,in addition to any other information requested by the County,which assists
the County to comply with its CARES Act reporting obligations.
b. The close-out report is due sixty (60) days after termination of this Agreement or 60
days after completion of the activities contained in this Agreement, whichever occurs
first.
c. If all required reports and copies are not sent to the County or are not completed in a
manner acceptable to the County,the County may withhold further payments until they
are completed or may take other action as stated in Paragraph(16) REMEDIES.
d. The Subrecipient must provide additional program updates or information that may be
required by the County.
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PCAO Doc 305798
e. The Subrecipient must promptly provide.any and all reports, expenses., or information
requested by the County to enable the County to comply with its 'current and
subsequently.imposed reporting and record retention obligations
£ The Subrecipientwith.an allocation of$50,000.0.0 or more must-register with SAM.gov
prior to September 1; 2020; this will enable detailed Subrecipient data to be imported
by the.Subrecipient.into the Federal Government's portal expected to be:established
September 1,2020. To register,.go to SAM.gov and.enter the required information..
(1.2) MONITORING
In addition to reviews of audits conducted in accordance.with paragraph(10)AUDITS
above,. monitoring procedures. may include, but are not limited to, on-site visits by
County staff, limited scope audits,. or other. procedures. The Subrecipient agrees to
comply and cooperate with any monitoring procedureslprocesses deemed appropriate
by the County. In the event that the County determines that a limited scope audit of
the Subrecipient is appropriate,the Subrecipient agrees to comply with any additional
instructions provided by the. County 'to the: Subrecipient regarding such audit. The
Subrecipient further agrees to comply and. cooperate with any inspections, review,
investigations, or audits deemed necessary by the.County. In addition,the County will
monitorthe performance and financial management.by the Subrecipient.throughout the
period of Agreement to ensure timely completion of all..tasks.
(13) LIABILITY
Any Subrecipient which is a state agency or subdivision, as defined is Section 768.28,
Florida Statutes, agrees to be fiilly responsible for its negligent or tortious acts or
omissions which result in claims or suits against the County.and agrees to be liable for
any damages proximately caused by the acts or omissions to the extent set forth in
Section 758.28, Florida Statutes. Nothing herein is intended to.serve as a waiver of
sovereign immunity by any party to which sovereign immunity applies.Nothing.herein.
will be construed as consent by a state agency or subdivision of the State of Florida to
be sued.by tliird parties in any matter arising out of this Agreement..
(14) CONFLICT OF INTEREST
a. Subrecipient designees, agents, members, officers, eriaployees, consultants, and any
other public official who exercises or who has exercised any functions or
responsibilities withrespect to this grant during his or her tenure,or who.is in a position
to participate in a decision making process or.gain inside information with regard to
any program, are.barred from any interest, direct or indirect, in any grant or proceeds
of any program, or benefit there from, which is. a part of this Agreement at any time
during or after such person's tenure.
(15) DEFAULT
a. If any of the following events occur ("Events of Default"); all obligations on the part
:of the County to make further payment of funds will., if the County elects, terminate
and the County has the option to exercise any of its remedies set forth.in Paragraph(1 )
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PCAO Doc 305798
REMEDIES. However,the County may make payments or partial payments after any
Events of Default without waiving the right ,to exercise such remedies, and without
becoming liable to make any.further payment.
b. If any warranty or representation made by the Subrecipient,in this Agreement with.the
County is`or becomes false or rhisleading in any.respect, or if the Subrecipient fails to
keep or perform any of the obligations,terms.or covenants in this Agreement with the
County and has not cured thein in timely fashion, or is unable or unwilling to meet its.
obligations under this Agreement;
c. If material.adverse changes occur in the financial condition of the Subrecipient at any
time during the period of Agreement, and the Subrecipient fails to cure this adverse
change within thirty (30) days from the date written notice is sent by the County;
d. If any reports required by this Agreement have not been.submitted to the County or
have been submitted with incorrect, incomplete or insufficient information;or
e. If the Subrecipient has failed to perform and complete on time any of its obligations
under this Agreement..
(lb) REMEDIES
If an Event of Default.occurs.,then the County may, after thirty (30) calendar days written
notice.to the. Subrecipient and upon the Subrecipient's failure. to cure within those thirty
(30) days, exercise any one or more of the following remedies, either concurrently or
consecutively:
a. Terminate this Agreement, provided that the Subrecipient is given at least thirty(30)
days prior written notice of the termination.
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend.payment of all or any part of a.request for payment;
d. Require that.the Subrecipient refund to the County any monies.used for ineligible
purposes.under the laws, rules and regulations.governing the use of these.funds;.
e. l xercise any corrective or remedial actions;to inclu&but not limited to:
i. req#est additional.information from the Subrecipient to determine the reasons for
or the extent of non-compliance or lack of perforinance;
ii. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
Viii. advise the Subrecipient to:suspend; discontinue or refrain from incurring costs
for any activities.in question,and
iv. require the.Subrecipient to reimburse.the County for the amount of costs incurred
for any items determined to be ineligible;
f. Exercise any other rights or remedies.which may be available under law. Pursuing
any of the above remedies will not stop the County from pursuing any other remedies
in this Agreement or provided:at law or in equity. If the County waives any right or
remedy in this Agreement or fails to insist:on strict performance by the Subrecipient,
it will not affect, extend or'waive any other right or remedy of the County,..or affect
the later exercise of the same right or remedy by the County for any other default by
the Subrecipient.
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PCAo Doc 305798
(17) TERMINATION
a. The County may terminate this Agreement for cause upon notice.in writing.to the
Subrecipient: Cause can include misuse of funds, fraud,. lack of compliance with
applicable rules, laws and regulations, failure to perform on time, and refusal by the
Subrecipient to permit public access to any document, paper, letter, or .other material
subject to disclosure under Florida:Statute Chapter 119, as amended.
b. The parties xray agree to terminate this Agreement for their mutual convenience
through a written.amendment of this Agreement. The. amendment will state the
effective date of the termination and the procedures, for proper closeout of this
Agreement.
c. In the event this Agreement is. terminated, the. Subrecipient will not incur new
obligations for the.terminated portion of this Agreement after they have received the.
notification of termination. The Subrecipient will cancel as many outstanding.
obligations as possible. Costs incurred after receipt of the termination notice will be
disallowed. The Subrecipient will not be relieved of liability to the County because of
any breach of this Agreement by the Subrecipient. The County may, to the extent
authorized by law, withhold payments to the. Subrecipient for the purpose of set-off
until the exact amount of damages due the County from the Subrecipient is determined.
(18) PAYMENTS
a. The County agrees to.pay the.Subrecipient the note-to-exceed sum of$2,397,393.00, to be
disbursed on .a reimbursement basis for eligible costs.under the CARES Act and. this
Agreement.
b. As a condition precedent to any County disbursement of payment pursuant to this
Agreement, the Subrecipient.will:for each payment request submit PINELLAS CARES -
LOCAL GOVERNMENT CORONAVIRUS RELIEF FUND(CRF)REIMBURSEMENNT
REQUEST FORM (Attachment A), for the actual costs for the period covered by such
reimbursement request..
c. No later than.January.3t h;22021,the Subrecipient will submit to the County documentation
to support all eligible expenditures to be reimbursed under this Agreement. Documentation
will include but is not limited to: invoices, proof of payment, employee time record.and
costs, and other documentation required by the County
d. Any additional payments approved by the.County to the Subrecipient may be made by an
Amendment to this document.
(.19) REPAYMENTS
a. The Subrecipient shall return.to the County any funds that:have not.been used..in a.manner
consistent with this Agreement.
b. All refunds;return of improper payments;.or repayments due to the County under this
.Agreement are to be made payable to the order of"Pinellas County. Board of County
Commissioners,." and mailed.directly to the following address:
Department: Finance Division
Address: P. O. Box 2438, Clearwater,FL 33.757
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PCA0.Doe.345798
c. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the.County for collection,.Subrecipient shall pay the County a service fee
of$15.04 or 5% of the face amount of the returrned.check or draft,whichever is greater.
(20) MANDATED CONDITIONS AND OTHER LAWS
a. The validity of this Agreement is subject to the. truth and accuracy of all the
.information,representations, and materials submitted.or provided by the Subrecipient
in this Agreement, in any later submission or response to a County request, or in any
submission or response to fulfill the requirements. of this Agreement: All of said
information, representations, and materials is .incorporated by reference. The
inaccuracy of the submissions or any material changes will, at the option of the County
and with thirty (30) days written notice to the Subrecipient, cause the termination.. of
this Agreement arid the release of the County from :all its obligations to the
Subrecipient.
b. This Agreement must be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement will be in the Circuit.Court of Pinellas
County,or the Federal Middle District Court,Tampa Division. If any provision of this.
Agreement.is.in conflict with.any applicable statute or rule, or is unenforceable, then
the provision is null and void to the extent.of the conflict, and is severable.,:but does not.
iavalidate any other provision,of this Agreement.
c. Any power of approval ar disapproval granted.to the County under the terms of this
Agreement, and any right to audit or require repayment of funds,will survive the term
of this Agreement.
d. The Subrecipient 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.
e. Those who have been.placed on the convicted vendor list following a conviction for a
public entity chime or on the discriminator.y vendor list may not submit a.bid on a
contract to provide any goods:or services to a.public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building.or public
work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with a public entity, and may not transact business.with any public .entity in
excess.of $25,000.00.for a period. of thirty-six (36) months from the date of being
placed on the convicted vendor fist or on the.discriminatory vendor list.
f. Ali bills for fees or other compensation for services.or expenses shall be:submitted.in
detail sufficient.for a proper pre-audit and post-audit thereof.
g: If the Subrecipient is allowed to temporarily invest any advances of funds under this
Agreement; they roust use the interest earned or other proceeds of these investments
only to cover expenditures incurred in accordance'with Section 601(d) of the Social
Security Act and the Guidance. on eligible expenses. Xf.a government deposits CRF
payments.in a government's general account,it may use those.fiunds to meet immediate
cash.management needs.provided that the full amount of the payment is used to cover
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PCAO Doc 30579$.
necessary expenditures. Fund payments are not subject to the Cash Management
Improvement Act of 1990, as amended. The County will not. intentionally award
publicly-funded.contracts to any contractor who knowingly employs unauthorized
alien.workers, constituting a violation of the employment.provisions contained in.8
U.S.C. Section 1324a(e) .[Section. 274A(e) of the Immigration and Nationality Act
("INA")] The County shall consider the employment by any contractor of
unauthorized.aliens a violation of Section 274A(e) of the INA. Such violation by the
Subrecipient of the employment provisions contained in Section 274A(e) of the TNA
will be grounds for unilateral cancellation of this Agreement by the County.
h. The Subrecipient is subject to Florida's Government in the Sunshine. Law (Section
286.011.,.Florida Statutes)with respect.to.the meetings of the Subrecipient's governing
board or the meetings of any.subcommittee making.recommendations to the.governing
board. All of these meetings must be publicly noticed, open to the public, and the
minutes of all the meetings will be public records,available to the public in accordance
with Chapter 119,.Florida statutes,
i. All expenditures of County or federal financial assistance must be in compliance with
the laws,rules and regulations applicable to expenditures of County funds.
J. If the.purchase.of an asset was consistent with the limitations on the eligible use of
funds provided by Section 601(d) of the Social.Security Act,.the:Subrecipient may
retain the asset. If such assets are disposed of prior to.December 30, 2024,the proceeds
would be subject to the restrictions on the eligible use of payments.from the Fund
provided by Section 60.1(d) of the.Social Security Act or repayment to the County.
(21) LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to..receive-the funds under this
Agreement and that its.governing body has authorized the execution and acceptance of
this Agreement. The Subrecipient also certifies that the undersigned person has the
authority to legally execute and bind the Subrecipient to the terms of this Agreement..
(22) .ASSURANCES.
The Subrecipient must comply with all requirements to. allow it to :make the
certification incorporated as apart of Attachment A fox any amounts to be reimbursed
by the County.
(23) INDEMNIFICATION; RECOUPMENT
Subrecipient will,at its cost and expense,protect,defend,indemnify,and hold harmless
the County, its directors, officers, employees, and agents,from and against any and all
demands, liabilities, causes of action, costs and expenses(.'including attorneys" fees),
claims,judgments., or awards of damages, arising out of or in any way resulting from
the acts or omissions of Subrecipient, its directors, officers, employees, or agent§,
relating in any way to the Subrecipient's performance under the Agreement. These
indemnification obligations shall survive the termination of the Agreement.
Subrecipient further agrees that it is financially responsible far and will repay the
County any and all indicated amounts following an audit exception which occurs due
to Subrecipient's failure,for any reason.,to comply with the terms of this Agreement.
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PCAO Doc 305798
(24) PROVISIONS REQUIRE-D BY LAW DEEMED INSERTED.
Each and every provision of law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and the Agreement shall be read and
enforced as though it were included therein,and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon application of
either party, the Agreement shall be physically amended to makes such insertion or
corrections.
IN WITNESS WHEREOF,the parties have caused their respective authorized
representative to execute this Agreement effective as of the date first above written.
PINELLAS COUNTY,FLORIDA, by and
through its County Administrator
11�
By:_4`7
County Administrator
APPROVED AS TCFORM
APPROVED AS TO FORM
By: DonaldS.Crowell
By: Office of the County Attorney
Office of the County Attorney
ATTEST: CITY OF CLEARWATER
U
B By:
Rosemarie Call William B. Home
City Clerk
City Manager
APPROVED AS TO FORM
By:
Ma e' Smith
Assistant City Attorney
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PCAO Doc 305798
Attachment A
PINELLAS CARES - LOCAL GOVERNMENT CORONAVIRUS RELIEF FUND (CRF)
REIMBLRSEM=NT RED JEST FORM
This farm is due no later than January 30, 2021,
Pinellas County Local Government Name:
Contact Person for Request:
Reimbursement Period :
Amount Requested :
$
Email Address:
Phone Number:
Activity Expenditures
Amount Expended
DetaiirDescription
a. Budgeted Personnel and Services Diverted to a Substantially
$ -
Regular time wages for public safety, public health., human services or similar
Different Use (Other than Small Business, Housing and Food
employees performing work due to the COVID-'8 pandemic that are unbudgeted
Assisancei
new positions, or existing employees performing substanbally different work that the
budget was designed to corer
Payroll casts to backfill or surge to support COVID-16
response actvibes
$ -
Paid sick tune associated with the Emergency Paid Sick
$ -
Mtnnittrative leave pad to employees required to sexy at home and unable to
Leave Act, par of the Families First Coronavirus Response
telewortk that is a substantally different use from the expected use of the budget
Ant
Families First Coronavirus Response Act paid skit heave
b. Personal Protecive Equipment
$ -
Personal protective supplies in excess of normally budgeted requirements: Masks.
hand sanitizer, disinfectant chemicals and wipes. gloves, face shields, gowns.
goggles, tiler cartridges, resplraxirs, coveralls, and thermometers
c. Public Health Expenses
$ -
Communicabon and enforcement ci COVID 18 public health
orders
$ -
Facility impovemertts, sanitation, disinfection and cleaning
$ -
Building sanitation improvements:(1) Plexiglass barriers: '2) JV lights for air
w attar nodate and improve social distancing and enable
handlers; (3) hot water heaters where )xis water did not exist before: (4) touchless
compliance with COVID-16 public health precautions
fauces and dryers: I.5: disinfecting formers, autoclaves, and ocher tangible movable
equipment for disinfecting: (5) toothless keycard systemslautomated doors and
sensors (7) Signs. poles, markers, caution tape, outside mail boxes. payment
kiosks
COVID-16 Testing and Contact Tracing
$ -
Viral and antibody testing purchased far citizen use, employee use includes testing
expenses paid from self-insurance plan
c. Improve Teiewon: Capatiiibes 0f Public Employees
$ -
(1) Teleoonferenoesmroual meeting software, (2) VPN infrastrucarre improvements
for telework improvements, (3) tell phones for staff that did not have them before
e. Payroll for Public -leahh and Safety Employees
$ -
Is the salary expense for public safety employees? E.g. police, firefighters,
emergency medical responders and those who directly support such employees
such as dispatchers and supervisors. If such employees are substantially dedicated
to mitigating or responding to COVID. the full amount of frier salary and benefits
are covered using payments from the fund
Reimbursement Request Total:
$ -
CARES ACT CORONAVIRUS RELIEF FUND ELIGMILiTY CERTIFICATION
1 am the Authorized Agent of the Pinellas Local Govemment of ("Subrecidient') and I certify that:
1. I have the authority cn behalf of the Subrecipent to request these payments from Pinellas Codmy ("County') for federal funds appropriated pursuant to Section 601 of the
Social Security Act, as added by Section 5001 of the Comonar rus Aid, Relief, and Economic Security Act. Pub. L No.. 115-138, civ. A, Title V I.Mar. 27. 2020).
2. I understand that the County will rely on this oertification as a material representation in making these payments to the SubrecipienL
3. I undersand that as additional federal guidance becomes available. an amendrrem to the agreement between the County and the Subrecipient may become necessary
and agree to execute necessary amendments.
4. I ackrowledge than the Su brecipient should keep records sufficient to demonstrate that the experdi3u re of funds it has received is in accordance with Section 5O t i d ",) of
the Social Security Ac„
5. I acknowledge that al I records and expenditures are subject to audit by the United States Deparmrent of Treasury's inspector General. and the Count', or designee.
6. I ackrowdedge that the Subrecipiem has an affirmative obi igabon to identify and report, any duplicator of benefits. I understand that the County has an obligation and the
authority to de-obl gate or oefset any duplicated benefi5.
7. I ackrosfedge and agree that the Subrecipient shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received.
8. I acknowledge that if the Subrecipient has not used .funds i1 has received to cover costs that were incurred by December 30. 2020, as required by the statute, those funds
rmust be returned to the County.
Ci. I acknowledge that the Subrecipienr.'s proposed uses of the funds provided as payments from the County by federal appropriation under Section 571 of the Social
Security Act well be used only to Cover those costs that
a. are necessary expenditures incurred due to the public health emergency and governors disaster declaration on Mardi 13, 2023 with respect to the Coronavirus
Disease 2016 (COVID-10):
O were not accounted for in the budget most recently approved as of March 27, 2020. for the Subrecipierr: and
c. were incurred during the perod that begins on Mantic t„ 2020 and ends on December 33, 2020: and
d. are not otherwise excluded by the underlying agreement with the Ccuny for r3nis grant.
In addition to each GO the statements above, I acknowledge on submission of this certification that my jurisdiction has incurred eligible expenses between March '. 2020 and
the date noted below.
Serid Compered Reerbursenatxrr Request Form to CARESforCiziese' pinetascounry. org.
Printed Name of Authorized Representative
Signature of Authorized Representative
Date
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PCAO Doc 305798
86LS0£ oo j Ovjd
Pinellas CARES - Local Government
Pinellas
County
Eligible COVID-19 Response Expenses
• Budgeted Personnel and Services Diverted to a Substantially
Different Use (Other than Small Business, Housing, or Food
Assistance)
Payroll costs to backfill or surge to support COVID-19 response
activities
Paid sick time associated with the Emergency Paid Sick Leave Act, part
of the Families First Coronavirus Response Act
Personal Protective Equipment (PPE)
Public Health Expenses
Communication and enforcement of COVID-19 public health orders
Facility improvements, sanitation, disinfection and cleaning to
accommodate and improve social distancing and enable compliance
with COVID-19 public health precautions
■ Expenses associated with COVID-19 testing
If funds allow...
• Improve Telework Capabilities of Public Employees
• Payroll for Public Health and Safety Employees related to COVID-19
Ineligible Expenses (non -exhaustive)
• Economic Support and Housing Support activities
• Small Business Assistance Programs
• Food Programs
• Medical Expenses
Unemployment Benefits
Workers' Compensation
Other Key Points
• 100% Reimbursement of Pinellas CARES
eligible expenses, up to maximum
reimbursement cap
Documentation retention and reporting
required
Expenses must be compliant with all CARES
Act guidance including that costs are:
Not accounted for in the budgget most recently
approved as of March 27 202D
Incurred between March 1 and December 30,
2020.
Our Vision: To Be the Standard for Public Service in America 1
g 3uauigailly
CARES ACT FUNDING AGREEMENT
BETWEEN
PINELLAS COUNTY
AND THE PINELLAS LOCAL GOVERNMENT OF
CITY OF CLEARWATER
THIS AGREEMENT is entered into by Pinellas County, a political subdivision of the
State of Florida, (hereinafter referred to as the "County"), and the Pinellas County Local
Government of City of Clearwater, (hereinafter referred to as the "Pinellas Local Government" or
"Subrecipient"). The purpose of this agreement is to set forth the terms and conditions under which
the County will provide Subrecipient City of Clearwater with up to One Million Four Hundred
Forty Four Thousand Two Hundred Eighty Three Dollars and Ten Cents ($1,444,283.10) as a grant
to pay or reimburse necessary expenditures incurred due to the COVID-19 emergency for the
period of March 1, 2020 through December 30, 2020. Grant funds may only be used to pay or
reimburse eligible expenditures as described herein. No grant funds may be used to pay or
reimburse costs reimbursed by insurance or under other federal programs.
The Grant Funds provided herein are an allocation of the coronavirus relief fund, as created
in section 5001 of H. R. 748, of the Coronavirus Aid, Relief, and Economic Security Act (CARES
Act). Subrecipient agrees to administer the grant proceeds consistent with this Agreement, in
accordance with the applicable provisions of the CARES Act, any future applicable guidance
issued by the U. S. Department of Treasury and any other applicable federal provisions.
Subrecipient shall provide the County with certification (part of Attachment A) that grant funds
were used for eligible expenses.
WITNESSETH:
This Agreement is entered based on the following representations:
A. The Subrecipient represents that it is fully qualified and eligible to receive this funding
for the purposes identified herein; and
B. The County has the authority to distribute these funds to the Subrecipient upon the
terms and conditions below; and
C. The County has statutory authority to disburse the funds under this Agreement; and
D. The CARES Act, Section 601(d) of the Social Security Act, created the Coronavirus
Relief Fund (CRF) and provided the County with Coronavirus Relief Funds (CFDA
21.019).
Therefore, the County and the Subrecipient agree to the following:
(1) Specific Grant Information.
This Agreement shall be undertaken and accomplished in accordance with the terms and
conditions specified herein and the Appendices named below, which are attached hereto
and by reference incorporated herein:
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Attachment A, "PINELLAS CARES - LOCAL GOVERNMENT CORONAVIRUS
RELIEF FUND (CRF) REIMBURSEMENT REQUEST FORM";
Attachment B, "Pinellas CARES Eligible and Ineligible Expenditures."
2 C.F.R. § 200.331(a)(1) (Federal Award Identification) requires that certain specific
information about the Grant be included in this Agreement. Such information, consistent
with the accordant subsections under 2 C.F.R. § 200.331(a)(1), follows:
(i) Subrecipient's name: City of Clearwater
(ii) Subrecipient's Unique Entity Identifier or Data Universal Numbering System
(DUNS) number: 078307303
(iii) Federal Award Identification Number: Direct payment from the Department of
the Treasury ('Treasury') pursuant to section 601(b) of the Social Security Act,
as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020).
(iv) Federal Award Date: March 27, 2020
(v) Subaward Period of Performance Start and End Date: Upon Execution to
12/30/2020
(vi) Amount of Federal Funds Obligated by this Action by the Pass Through -Entity to
the Subrecipient: $1,444,283.10
(vii) Total Amount of Federal Funds Obligated to the Subrecipient by the Pass -Through
Entity Including the Current Obligation: $1,444,283.10
(viii) Total Amount of the Federal Award: $ 170,129,283.40 Total
(ix) Federal Award Project Description, as Required to be Responsive to the Federal
Funding Accountability and Transparency Act: CARES Act- Coronavirus Relief
Fund (CARES Act)
(x) Name of Federal Awarding Agency, Pass -Through Entity, and Contact Information
for Awarding Official of the Pass -Through Entity:
Federal Awarding Agency: United States Department of Treasury
Pass -Through Entity: Pinellas County, Florida
Contact Information for Awarding Official of the Pass -Through Entity:
Aubrey Phillips,
Pinellas County Office of Management & Budget
14 S. Ft. Harrison Ave., 5th Floor
Clearwater, FL 33756
(xi) CFDA Number and Name; the Pass -Through Entity Must Identify the Dollar
Amount Made Available Under Each Federal Award and the CFDA Number at
Time of Disbursement:
CFDA Number (at time of disbursement): 21.019
CFDA Name: Coronavirus Relief Fund (CRF)
Total Dollar Amount Available Under this Federal Award:
$170,129,283.40 total
(xii) Identification of Whether the Award is R&D: Award is not R&D.
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(xiii) Indirect Cost Rate for AGENCY portion of the Federal Award: Not applicable to
this agreement
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. To the extent required by the U.S. Treasury, performance under this Agreement is
subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards."
b. The Subrecipient and the County will be governed by all applicable State and Federal
laws, rules and regulations. Any express reference in this Agreement to a particular
statute, rule, or regulation in no way implies that no other statute, rule, or regulation
applies.
(3) CONTACT
a. The County's Program Manager will be responsible for enforcing performance of this
Agreement's terms and conditions and will serve as the County's liaison with the
Subrecipient. As part of his/her duties, the Program Manager for the County will
monitor and document Subrecipient performance.
b. The County's Program Manager for this Agreement is:
Name: Aubrey Phillips
Department: Office of Management and Budget
Address: 14 S. Ft. Harrison Ave.
Telephone: 727-464-3678
Email: aphillips@pinellascounty.org
c. The name and address of the representative of the Subrecipient responsible for the
administration of this Agreement is:
Name: Jevon Graham, District Chief of Emergency Management
Department: Clearwater Fire & Rescue
Address: 1140 Court St. Clearwater, FL 33756
Telephone: 0: 727-562-4334 x3205 C: 727-385-5510
Email: Jevon.graham@myclearwater.com
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title, address, telephone, and
email of the new representative will be provided to the other party.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
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(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
This Agreement may only be modified upon mutual written agreement.
(7) PERIOD OF AGREEMENT
This Agreement shall be effective from (final execution
date) and shall end on December 30, 2020, unless terminated earlier in accordance
with the provisions of Paragraph (15) TERMINATION. The Subrecipient may expend
funds authorized by this Agreement only for allowable costs resulting from obligations
incurred during the period from March 1, 2020 and shall end on December 30, 2020.
(8) FUNDING
a. The County's performance and obligation to pay under this Agreement is contingent
upon funding from the United States Treasury under the CARES Act.
Except as further limited below, Subrecipient may only use payments for any expenses
eligible under Section 601(d) of the Social Security Act, specifically the Coronavirus
Relief Fund and further outlined in US Treasury Guidance, as it may be updated and
supplemented by answers to frequently asked questions from time to time. Payments
are not required to be used as the source of funding of last resort.
b. For the purposes of this Agreement, the term "improper payment" means or includes,
any payment that should not have been made or that was made in an incorrect amount
(including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements.
c. As the County will be responsible for repayment to The Treasury for improper
payments, the Subrecipient is responsible for the repayment of funds to the County for
expenditures that the County or the Federal government determines are ineligible under
the CARES Act, or if any funds were used in a manner that is not consistent or
allowable per this Agreement. The County's determination will be guided by applicable
guidance issued by the U.S. Treasury as those may be updated or amended from time
to time. This includes situations where the County or the Federal government
determines Subrecipient provided funds to the same applicant to whom the County
already provided funds for the same purpose (a "Duplicate Payment").
d. The CARES Act requires that the payments from the Coronavirus Relief Fund only be
used to cover expenses that —
i. are necessary expenditures incurred due to the public health emergency with respect
to the Coronavirus Disease 2019 (COVID-19);
ii. 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 Subrecipient; and
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PCAO Doc 305798
iii. were incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020. Funds transferred to Subrecipient must qualify as a necessary
expenditure incurred due to the public health emergency and meet the other criteria
of section 601(d) of the Social Security Act. Such funds would be subject to
recoupment by the Treasury Department if the funds have not been used in a
manner consistent with Section 601(d) of the Social Security Act.
e. Payment(s) will be based on eligible costs under the CARES Act as may be
limited by this Agreement. Additional payment provisions can be found in
Section (18) PAYMENTS.
(9) RECORDS
a. As a condition of receiving County or federal financial assistance, the County or any
of its authorized representatives, shall enjoy the right of access to any documents,
financial statements, papers, or other records of the Subrecipient which are pertinent to
this Agreement, in order to make audits, examinations, excerpts, and transcripts. The
right to access also includes timely and reasonable access to the Subrecipient's
personnel for the purpose of interview and discussion related to such documents. For
the purposes of this section, the term "Subrecipient" includes employees or agents,
including all subcontractors or consultants to be paid from funds provided under this
Agreement.
b. The Subrecipient shall maintain all records related to this Agreement for the period of
time specified in the appropriate retention schedule published by the Florida
Department of State. Information regarding retention schedules can be obtained at:
http://dos.myflorida. com/library-archives/recordss-management/general-records-
schedules/.
c. Additionally, the Subrecipient shall retain all documents and financial records
sufficient to establish compliance with the CARES Act for a period of six (6) years
after final payment is made.
d. Florida's Public Records Law provides a right to access the records of the state and
local governments as well as to private entities acting on their behalf. Unless
specifically exempted from disclosure by the Legislature, all materials made or
received by a governmental agency (or a private entity acting on behalf of such an
agency) in conjunction with official business which are used to perpetuate,
communicate, or formalize knowledge qualify as public records subject to public
inspection.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS,
PURCHASING AND RISK MANAGEMENT DIVISION, OPERATIONS
MANAGER CUSTODIAN OF PUBLIC RECORDS AT 727-464-3311,
PURCHASE@PINELLASCOUNTY.ORG, PINELLAS COUNTY GOVERNMENT,
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PURCHASING AND RISK MANAGEMENT DEPARTMENT, OPERATIONS
MANAGER, 400 S. FT. HARRISON AVE, 6TH FLOOR, CLEARWATER, FL
33756.
(10) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Subrecipient must 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)."
b. When conducting an audit of the Subrecipient's performance under this Agreement,
the Subrecipient must use Generally Accepted Government Auditing Standards
("GAGAS"). As defined by 2 C.F.R. § 200.50, "GAGAS, also known as the Yellow
Book, means generally accepted government auditing standards issued by the
Comptroller General of the United States, which are applicable to financial audits."
c. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of, and in compliance with this Agreement, the
Subrecipient will be held liable for reimbursement to the County of all funds not spent
in accordance with these applicable regulations, Treasury Guidance as it may be
amended from time to time and supplemented by answers to frequently asked
questions, and Agreement provisions, and will be repaid to the County within thirty
(30) days after the County has notified the Subrecipient of such non-compliance.
d. The Subrecipient must have all audits completed by an independent auditor, which is
defined in Section 215.97(2)(i), Florida Statutes, as "an independent certified public
accountant licensed under Chapter 473." The independent auditor must state that the
audit complied with the applicable provisions noted above. The audits must be
received by the County no later than nine months from the end of the Subrecipient's
fiscal year.
e. The Subrecipient must send copies of reporting packages required under this paragraph
directly to each of the following:
Department: Office of Management and Budget
Address: 14 S. Ft. Harrison Ave, Clearwater, FL 33756
Email: caresforcities@pinellascounty.org
f. Fund payments are considered to be federal financial assistance subject to the Single
Audit Act and the related provisions of the Uniform Guidance.
(11) REPORTS
a. The Subrecipient must provide the County with a close-out report upon request by the
County. This report must include the status of the expenditure of funds under this
Agreement, in addition to any other information requested by the County, which assists
the County to comply with its CARES Act reporting obligations.
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PCAO Doc 305798
b. The close-out report is due sixty (60) days after termination of this Agreement or 60
days after completion of the activities contained in this Agreement, whichever occurs
first.
c. If all required reports and copies are not sent to the County or are not completed in a
manner acceptable to the County, the County may withhold further payments until they
are completed or may take other action as stated in Paragraph (16) REMEDIES.
d. The Subrecipient must provide additional program updates or information that may be
required by the County.
e. The Subrecipient must promptly provide any and all reports, expenses, or information
requested by the County to enable the County to comply with its current and
subsequently imposed reporting and record retention obligations
f. The Subrecipient with an allocation of $50,000.00 or more must register with SAM.gov
prior to September 1, 2020; this will enable detailed Subrecipient data to be imported
by the Subrecipient into the Federal Government's portal expected to be established
September 1, 2020. To register, go to SAM.gov and enter the required information.
(12) MONITORING
In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS
above, monitoring procedures may include, but are not limited to, on-site visits by
County staff, limited scope audits, or other procedures. The Subrecipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate
by the County. In the event that the County determines that a limited scope audit of
the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional
instructions provided by the County to the Subrecipient regarding such audit. The
Subrecipient further agrees to comply and cooperate with any inspections, review,
investigations, or audits deemed necessary by the County. In addition, the County will
monitor the performance and financial management by the Subrecipient throughout the
period of Agreement to ensure timely completion of all tasks.
(13) LIABILITY
Any Subrecipient which is a state agency or subdivision, as defined is Section 768.28,
Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or
omissions which result in claims or suits against the County, and agrees to be liable for
any damages proximately caused by the acts or omissions to the extent set forth in
Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity applies. Nothing herein
will be construed as consent by a state agency or subdivision of the State of Florida to
be sued by third parties in any matter arising out of this Agreement.
(14) CONFLICT OF INTEREST
a. Subrecipient designees, agents, members, officers, employees, consultants, and any
other public official who exercises or who has exercised any functions or
responsibilities with respect to this grant during his or her tenure, or who is in a position
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PCAO Doc 305798
to participate in a decision making process or gain inside information with regard to
any program, are barred from any interest, direct or indirect, in any grant or proceeds
of any program, or benefit there from, which is a part of this Agreement at any time
during or after such person's tenure.
(15) DEFAULT
a. If any of the following events occur ("Events of Default"), all obligations on the part
of the County to make further payment of funds will, if the County elects, terminate
and the County has the option to exercise any of its remedies set forth in Paragraph (16)
REMEDIES. However, the County may make payments or partial payments after any
Events of Default without waiving the right to exercise such remedies, and without
becoming liable to make any further payment.
b. If any warranty or representation made by the Subrecipient in this Agreement with the
County is or becomes false or misleading in any respect, or if the Subrecipient fails to
keep or perform any of the obligations, terms or covenants in this Agreement with the
County and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
c. If material adverse changes occur in the financial condition of the Subrecipient at any
time during the period of Agreement, and the Subrecipient fails to cure this adverse
change within thirty (30) days from the date written notice is sent by the County;
d. If any reports required by this Agreement have not been submitted to the County or
have been submitted with incorrect, incomplete or insufficient information; or
e. If the Subrecipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16) REMEDIES
If an Event of Default occurs, then the County may, after thirty (30) calendar days written
notice to the Subrecipient and upon the Subrecipient's failure to cure within those thirty
(30) days, exercise any one or more of the following remedies, either concurrently or
consecutively:
a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30)
days prior written notice of the termination.
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Subrecipient refund to the County any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds;
e. Exercise any corrective or remedial actions, to include but not limited to:
i. request additional information from the Subrecipient to determine the reasons for
or the extent of non-compliance or lack of performance,
ii. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
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PCAO Doc 305798
iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs
for any activities in question, and
iv. require the Subrecipient to reimburse the County for the amount of costs incurred
for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law. Pursuing
any of the above remedies will not stop the County from pursuing any other remedies
in this Agreement or provided at law or in equity. If the County waives any right or
remedy in this Agreement or fails to insist on strict performance by the Subrecipient,
it will not affect, extend or waive any other right or remedy of the County, or affect
the later exercise of the same right or remedy by the County for any other default by
the Subrecipient.
(17) TERMINATION
a. The County may terminate this Agreement for cause upon notice in writing to the
Subrecipient. Cause can include misuse of funds, fraud, lack of compliance with
applicable rules, laws and regulations, failure to perform on time, and refusal by the
Subrecipient to permit public access to any document, paper, letter, or other material
subject to disclosure under Florida Statute Chapter 119, as amended.
b. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the
effective date of the termination and the procedures for proper closeout of this
Agreement.
c. In the event this Agreement is terminated, the Subrecipient will not incur new
obligations for the terminated portion of this Agreement after they have received the
notification of termination. The Subrecipient will cancel as many outstanding
obligations as possible. Costs incurred after receipt of the termination notice will be
disallowed. The Subrecipient will not be relieved of liability to the County because of
any breach of this Agreement by the Subrecipient. The County may, to the extent
authorized by law, withhold payments to the Subrecipient for the purpose of set-off
until the exact amount of damages due the County from the Subrecipient is determined.
(18) PAYMENTS
a. The County agrees to pay the Subrecipient the not -to -exceed sum of $1,444,283.10, to be
disbursed on a reimbursement basis for eligible costs under the CARES Act and this
Agreement.
b. As a condition precedent to any County disbursement of payment pursuant to this
Agreement, the City will for each payment request submit PINELLAS CARES - LOCAL
GOVERNMENT CORONAVIRUS RELIEF FUND (CRF) REIMBURSEMENT
REQUEST FORM (Attachment A), for the actual costs for the period covered by such
reimbursement request.
c. No later than January 30th, 2021, the Subrecipient will submit to the County documentation
to support all eligible expenditures to be reimbursed under this Agreement. Documentation
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PCAO Doc 305798
will include but is not limited to: invoices, proof of payment, employee time record and
costs, and other documentation required by the County
d. Any additional payments approved by the County to the Subrecipient may be made by an
Amendment to this document.
(19) REPAYMENTS
a. The Subrecipient shall return to the County any funds that have not been used in a manner
consistent with this Agreement.
b. All refunds, return of improper payments, or repayments due to the County under this
Agreement are to be made payable to the order of "Pinellas County Board of County
Commissioners," and mailed directly to the following address:
Department: Finance Division
Address: P. O. Box 2438, Clearwater, FL 33757
c. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the County for collection, Subrecipient shall pay the County a service fee
of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater.
(20) MANDATED CONDITIONS AND OTHER LAWS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Subrecipient
in this Agreement, in any later submission or response to a County request, or in any
submission or response to fulfill the requirements of this Agreement. All of said
information, representations, and materials is incorporated by reference. The
inaccuracy of the submissions or any material changes will, at the option of the County
and with thirty (30) days written notice to the Subrecipient, cause the termination of
this Agreement and the release of the County from all its obligations to the
Subrecipient.
b. This Agreement must be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement will be in the Circuit Court of Pinellas
County, or the Federal Middle District Court, Tampa Division. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then
the provision is null and void to the extent of the conflict, and is severable, but does not
invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the County under the terms of this
Agreement, and any right to audit or require repayment of funds, will survive the term
of this Agreement.
d. The Subrecipient 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.
10
PCAO Doc 305798
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list or on the discriminatory vendor list.
f. All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper pre -audit and post -audit thereof.
g. If the Subrecipient is allowed to temporarily invest any advances of funds under this
Agreement, they must use the interest earned or other proceeds of these investments
only to cover expenditures incurred in accordance with Section 601(d) of the Social
Security Act and the Guidance on eligible expenses. If a government deposits CRF
payments in a government's general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover
necessary expenditures. Fund payments are not subject to the Cash Management
Improvement Act of 1990, as amended. The County will not intentionally award
publicly -funded contracts to any contractor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The County shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the
Subrecipient of the employment provisions contained in Section 274A(e) of the INA
will be grounds for unilateral cancellation of this Agreement by the County.
h. The Subrecipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing
board or the meetings of any subcommittee making recommendations to the governing
board. All of these meetings must be publicly noticed, open to the public, and the
minutes of all the meetings will be public records, available to the public in accordance
with Chapter 119, Florida statutes.
i. All expenditures of County or federal financial assistance must be in compliance with
the laws, rules and regulations applicable to expenditures of County funds.
j. If the purchase of an asset was consistent with the limitations on the eligible use of
funds provided by Section 601(d) of the Social Security Act, the Subrecipient may
retain the asset. 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 or repayment to the County.
(21) LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of
11
PCAO Doc 305798
this Agreement. The Subrecipient also certifies that the undersigned person has the
authority to legally execute and bind the Subrecipient to the terms of this Agreement.
(22) ASSURANCES
The Subrecipient must comply with all requirements to allow it to make the
certification incorporated as a part of Attachment A for any amounts to be reimbursed
by the County.
(23) INDEMNIFICATION; RECOUPMENT
Subrecipient will, at its cost and expense, protect, defend, indemnify, and hold harmless
the County, its directors, officers, employees, and agents, from and against any and all
demands, liabilities, causes of action, costs and expenses (including attorneys' fees),
claims, judgments, or awards of damages, arising out of or in any way resulting from
the acts or omissions of Subrecipient, its directors, officers, employees, or agents,
relating in any way to the Subrecipient's performance under the Agreement. These
indemnification obligations shall survive the termination of the Agreement.
Subrecipient further agrees that it is financially responsible for and will repay the
County any and all indicated amounts following an audit exception which occurs due
to Subrecipient's failure, for any reason, to comply with the terms of this Agreement.
(24) PROVISIONS REQUIRED BY LAW DEEMED INSERTED.
Each and every provision of law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and the Agreement shall be read and
enforced as though it were included therein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon application of
either party, the Agreement shall be physically amended to makes such insertion or
corrections.
IN WITNESS WHEREOF, the parties have caused their respective authorized
representative to execute this Agreement effective as of the date first above written.
PINELLAS COUNTY, FLORIDA, by and
through its County Administrator
12
PCAO Doc 305798
By:
County Administrator
APPROVED AS TO FORM
By:
Office of the County Attorney
ATTEST: CITY OF CLEARWATER
By:, ati")4,40;
Rosemarie Call, City Clerk
PCAO Doc 305798
13
William B. Horne II, City Manager
APPROVED AS TO FORM
By:
Matthew S , Assistant City Attorney
Attachment A
PINELLAa CARES - LOCAL GOVERMENT CORONAV1RUS RELIEF FL NO I CR F
RBMBURSEMENT REQUEST FORM
This lona is Ghee no later than Jemmy 30, 20221.
Pinellas County Local Government Name:-
Contact
ame:Contact Person for Request:
Reimbursement Period :
Amount Requested :
Email Address:
Phone Number.
Activity Expenditures
Amount Expended
DetaiLDescription
a. Budgeted Personnel and Services Diverted to a Substantially
Different Use (Other than Small Business, Housing and Food
Assistance)
$ -
Regular time wages for public safety, public health, human services or similar
employees performing work due to the COVID-",0 pandemic that are unbudgeted
new positions, or existing employees performing substantially different wick that the
budget was designed to cover
Payroll casts to backfill or surge to support COVID-39
response activities
$ -
?aid sick tirre associated with the Errergency Paid Sibs
Leave Act, par of the Families First Coronavirus Response
Act
3 -
Adminisaative leave paid to employees required to stay at home and unable to
teletext that is a substantially different use from the expected use of the budget
Families First Coronavirus Response Act paid sick leave
b. Personal Protective Equipment
$ -
Personal protective supplies in excess of normally budgeted requirements: Masks,
harrd saniuzer, disinfectant chenrcals and wipes. gloves, face shields, gowns,
goggles. filter cartridges, respirators, coveralls., and tberrometers
c. Public Health Expenses
$ -
Cornmunication and enfarcernemt of COVID 10 public health
orders
$ -
Facility improvements, sanitation. disinfection and cleaning
to accommodate and imtprty a social distancing and enable
compliance with COVID-19 public heath precautions
$ _
Building sanitation improvements:(1) Plexiglass barriers; (2} UV lights for air
handlers; (3) hot water heaters where hot water did tont exist before; f4) touchless
faucets and dryers; 15) disinfect -ng foggers, autoclaves, and other tangible movable
equipment for disinfecting: 15t touchless keycard systems'automated doors and
sensors (7) Signs, poles, markers, caution tape, outside mail boxes, payment
kiosks
COVID-1 g Testing and Contact Tracing
$ -
Viral and antibody testing purchased for citizen use, employee use. includes testing
expenses paid from self-insurance plan
d. Improve Teletext Capabilities of Public Employees
$ -
01 Teleconference/virtual meeting software. (2) VPN infrastructure improvements
for telework improvements, (3) cell phones for staff that did not have them before
e. Payroll for Public ilea.'n are Safety Employees
$ -
Is the salary expense for public safety employees? E.g. police,
emergency medical responders and those who di reedy support
such as dispatchers and supervisorsif such employees are
to mitigating or responding to CD11t D. the fu 1 amount of their
firefighters.
such employees
substantially dedicated
salary and benefits
are covered using paytrenm from the fund
Reimburserserrt Request Total
$ -
CARES ACT CORONAVIRUS RELIEF FUND RIGOUT( CEftTFICATION
1 am the Authorized Agent a'the Pinellas Local Government of ("Subrecipient i and I certify that
'. 1 have the authority on behalf of the Subreciplemto request these payments front Pinellas County ("County') for federal funds appropriated pursuant to Section 801 of INc
Social Security Act, as added by Section 53C1 of the Coronavirus Aid, Relief, and Economic Security Act. Pub. L No. 1-6-136. div. A, Title V 1Mar. 27, 2020).
2. 1 undersand that the County will rely on this certification as a material representation in making these payments to the Subreapent
3. I undersand that as additional federal guidance becomes available, an amendmentto the agreement between the County and the Subrecipient may become necessary
and agree to execute necessary amendments.
4. I acknowledge that the Subrecipient should keep records sufficient to demonstrate that the experdisure of funds it has received is in accordance with Section 801(d) of
the Social Security Act
5. I acknorAedge that all records and expenditures are subject to audit by the United States Department of Treasury's Inspector General. and the County. or designee.
d. I acknowledge that the Subrecipiern has an affirmative obligation 10 identify and report any duplication of benefits. I understand that the County has an obligation and the
authority to de-obl gate or offset any duplicated berrefi5.
7. I acknowledge and agree that the Subrecipient shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received.
8. I acknowledge that if the Subredpient has not used funds 1 has received to giver cosi that were incurred by December 30. 20213. as required by the statute. those fund s
must be returned to the County
9. I acknowledge that the Subretpieni s proposed uses of the funds provided as payments from the County by federal appropriation under Section 831 of the Social
Security Act will be used only to cover those costs that
a. are necessary expenditwes incurred due to the public health emergency and governor's disaster declaration on March 73, 2323 with respect to the Coronavirus
Disease 23«g (COVID-1 g);
b. were not accounted fru in the budget most recently approved as of Mand 27, 2020. for the Subrecipient and
c. were incurred during the period that begins on March -, 2C2C and ends on December 33, 2023: and
d. are not otherwise excluded by the underlying agreerrenc with the County for this grant.
In additon to each of the statements above, I acknowledge on submission a' this certification that my jurisdiction has incurred eligible expenses between March ' . 2C20 and
the date rated below.
Send Completed Reamevs temrlfequesrramtoCARIE - .org.
Printed Name of Authorized Representative
Signature of Authorized Representative
Date
14
PCAO Doc 305798
86LS0£ OOQ OVDd
Pinellas CARES - Local Government
1'11
Pinellas ?
County
Eligible COVID-19 Response Expenses
■ Budgeted Personnel and Services Diverted to a Substantially
Different Use (Other than Small Business, Housing, or Food
Assistance)
• Payroll costs to backfill or surge to support COVID-19 response
activities
• Paid sick time associated with the Emergency Paid Sick Leave Act, part
of the Families First Coronavirus Response Act
■ Personal Protective Equipment (PPE)
• Public Health Expenses
• Communication and enforcement of COVID-19 public health orders
• Facility improvements, sanitation, disinfection and cleaning to
accommodate and improve social distancing and enable compliance
with COVID-19 public health precautions
• Expenses associated with COVID-19 testing
If funds allow...
• Improve Telework Capabilities of Public Employees
■ Payroll for Public Health and Safety Employees related to COVID-19
Our Vision: To Be the Standard for Public Service in America
Ineligible Expenses (non -exhaustive)
• Economic Support and Housing Support activities
Small Business Assistance Programs
Food Programs
Medical Expenses
Unemployment Benefits
Workers' Compensation
Other Key Points
• 100% Reimbursement of Pinellas CARES
eligible expenses, up to maximum
reimbursement cap
Documentation retention and reporting
required
• Expenses must be compliant with all CARES
Act guidance including that costs are:
• Not accounted for in the budget most recently
approved as of March 27, 2020
Incurred between March 1 and December 30,
2020.
g;uauigau;;v
PINELLAS COUNTY
PINELLAS CARES - LOCAL GOVERNMENT CORONAVIRUS RELIEF FUND (CRF)
REIMBURSEMENT REQUEST FORM
This form is due no later than January 30, 2021.
Pinellas County Local Govemment Name:
Contact Person for Request:
Reimbursement Period :
Amount Requested :
$
Email Address:
Phone Number:
Activity Expenditures
Amount Expended
Detail/Description
a. Budgeted Personnel and Services Diverted to a Substantially
$ -
Regular time wages for public safety, public health, human services or similar
Different Use (Other than Small Business, Housing and Food
employees performing work due to the COVID-19 pandemic that are unbudgeted
Assistance)
new positions, or existing employees performing substantially different work that the
budget was designed to cover
Payroll costs to backfill or surge to support COVID-19
response activities
$ -
Paid sick time associated with the Emergency Paid Sick
$ -
Administrative leave paid to employees required to stay at home and unable to
Leave Act, part of the Families First Coronavirus Response
telework that is a substantially different use from the expected use of the budget;
Act
Families First Coronavirus Response Act paid sick leave
b. Personal Protective Equipment
$ -
Personal protective supplies in excess of normally budgeted requirements: Masks,
hand sanitizer, disinfectant chemicals and wipes, gloves, face shields, gowns,
goggles, filter cartridges, respirators, coveralls, and thermometers
c. Public Health Expenses
$ -
Communication and enforcement of COVID 19 public health
orders
$ -
Facility improvements, sanitation, disinfection and cleaning
$ -
Building sanitation improvements:(1) Plexiglass barriers; (2) UV lights for air
to accommodate and improve social distancing and enable
handlers; (3) hot water heaters where hot water did not exist before; (4) touchless
compliance with COVID-19 public health precautions
faucets and dryers; (5) disinfecting foggers, autoclaves, and other tangible movable
equipment for disinfecting; (6) touchless keycard systems/automated doors and
sensors (7) Signs, poles, markers, caution tape, outside mail boxes, payment
kiosks
COVID-19 Testing and Contact Tracing
$ -
Viral and antibody testing purchased for citizen use, employee use. Includes testing
expenses paid from self-insurance plan
d. Improve Telework Capabilities of Public Employees
$ -
(1) Teleconference/virtual meeting software, (2) VPN infrastructure improvements
for telework improvements, (3) cell phones for staff that did not have them before
e. Payroll for Public Health and Safety Employees
$ -
Is the salary expense for public safety employees? E.g. police, firefighters,
emergency medical responders and those who directly support such employees
such as dispatchers and supervisors. If such employees are substantially dedicated
to mitigating or responding to COVID, the full amount of their salary and benefits
are covered using payments from the fund
Reimbursement Request Total:
$
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I am the Authorized Agent of the Pinellas Local Govemment of ("Subrecipient") and I certify that:
1. I have the authority on behalf of the Subrecipient to request these payments from Pinellas County ("County') for federal funds appropriated pursuant to Section 601 of the
Social Security Act, as added by Section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020).
2. I understand that the County will rely on this certification as a material representation in making these payments to the Subrecipient.
3. I understand that as additional federal guidance becomes available, an amendment to the agreement between the County and the Subrecipient may become necessary
and agree to execute necessary amendments.
4. I acknowledge that the Subrecipient should keep records sufficient to demonstrate that the expenditure of funds it has received is in accordance with Section 601(d) of
the Social Security Act.
5. I acknowledge that all records and expenditures are subject to audit by the United States Department of Treasury's Inspector General, and the County, or designee.
6. I acknowledge that the Subrecipient has an affirmative obligation to identify and report any duplication of benefits. I understand that the County has an obligation and the
authority to de -obligate or offset any duplicated benefits.
7. I acknowledge and agree that the Subrecipient shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received.
8. I acknowledge that if the Subrecipient 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 County.
9. I acknowledge that the Subrecipient's proposed uses of the funds provided as payments from the County by federal appropriation under Section 601 of the Social
Security Act will be used only to cover those costs that:
a. are necessary expenditures incurred due to the public health emergency and governor's disaster declaration on March 13, 2020 with respect to the Coronavirus
Disease 2019 (COVID-19);
b. were not accounted for in the budget most recently approved as of March 27, 2020, for the Subrecipient; and
c. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020; and
d. are not otherwise excluded by the underlying agreement with the County for this grant.
In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction has incurred eligible expenses between March 1, 2020 and
the date noted below.
Send Completed Reimbursement Request Form to CARESfo,Cities@pinellescounty.org.
Printed Name of Authorized Representative
Signature of Authorized Representative
Date
Page 1
CARES ACT FUNDING AGREEMENT
BETWEEN
PINELLAS COUNTY
AND THE CITY OF CLEARWATER
THIS AGREEMENT is entered into by Pinellas County, a political subdivision of the
State of Florida, (hereinafter referred to as the "County" or "Recipient), and the City of Clearwater,
(hereinafter referred to as the "City" or "Subrecipient"). The purpose of this agreement is to set
forth the terms and conditions under which the County will provide Clearwater with up to
$1,408,513.00 as a grant to pay or reimburse necessary expenditures incurred due to the COVID-
19 emergency for the period of March 1, 2020 through December 30, 2020. Grant funds may only
be used to pay or reimburse eligible expenditures as described herein. No grant funds may be used
to pay or reimburse costs reimbursed under other federal programs.
The Grant Funds provided herein are an allocation of the coronavirus relief fund, as created
in section 5001 of H. R. 748, of the Coronavirus Aid, Relief, and Economic Security Act (CARES
Act). Recipient agrees to administer the grant proceeds consistent with this Agreement, in
accordance with the applicable provisions of the CARES Act, any future applicable guidance
issued by the U. S. Department of Treasury and any other applicable federal provisions. Recipient
shall provide the County with certification (Attachment A) that grant funds were used for eligible
expenses.
WITNESSETH:
This agreement is entered based on the following representations:
A. The Subrecipient represents that it is fully qualified and eligible to receive this funding
for the purposes identified herein; and
B. The County has the authority to distribute these funds to the Subrecipient upon the
terms and conditions below; and
C. The County has statutory authority to disburse the funds under this Agreement; and
D. The CARES Act, Section 601(d) of the Social Security Act, created the Coronavirus
Relief Fund (CRF) and provided the County with Coronavirus Relief Funds (CFDA
21.019).
Therefore, the County and the Subrecipient agree to the following:
(1) Specific Grant Information.
This project shall be undertaken and accomplished in accordance with the terms and
conditions specified herein and the Appendices named below, which are attached hereto
and by reference incorporated herein: Attachment A, "CARES ACT CORONAVIRUS
RELIEF FUND ELIGIBILITY CERTIFICATION".
1
2 C.F.R. § 200.331(a)(1) (Federal Award Identification) requires that certain specific
information about the Grant be included in this Agreement. Such information, consistent
with the accordant subsections under 2 C.F.R. § 200.331(a)(1), follows:
(i) Subrecipient's name: City of Clearwater
(ii) Subrecipient's Unique Entity Identifier or Data Universal Numbering System
(DUNS) number: 078307303
(iii) Federal Award Identification Number: Direct payment from the Department of
the Treasury ('Treasury') pursuant to section 601(b) of the Social Security Act,
as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020).
(iv) Federal Award Date: March 27, 2020
(v) Subaward Period of Performance Start and End Date: Upon Execution to
12/30/2020:
(vi) Amount of Federal Funds Obligated by this Action by the Pass Through -Entity to
the Subrecipient:
(vii) Total Amount of Federal Funds Obligated to the Subrecipient by the Pass -Through
Entity Including the Current Obligation: $1,408,513.00
(viii) Total Amount of the Federal Award: $170,100,000.00 Total
(ix) Federal Award Project Description, as Required to be Responsive to the Federal
Funding Accountability and Transparency Act: CARES Act- Coronavirus Relief
Fund (CARES Act)
(x) Name of Federal Awarding Agency, Pass -Through Entity, and Contact Information
for Awarding Official of the Pass -Through Entity:
Federal Awarding Agency: United States Department of Treasury
Pass -Through Entity: Pinellas County, Florida
Contact Information for Awarding Official of the Pass -Through Entity:
Aubrey Phillips,
Pinellas County Office of Management & Budget
14 S. Ft. Harrison Ave., 5th Floor
Clearwater, FL 33756
(xi) CFDA Number and Name; the Pass -Through Entity Must Identify the Dollar
Amount Made Available Under Each Federal Award and the CFDA Number at
Time of Disbursement:
CFDA Number (at time of disbursement): 21.019
CFDA Name: Coronavirus Relief Fund (CRF)
Total Dollar Amount Available Under this Federal Award:
$170,129,283.40 total
(xii) Identification of Whether the Award is R&D: Award is not R&D.
(xiii) Indirect Cost Rate for AGENCY portion of the Federal Award: Not applicable to
this agreement
2
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. To the extent required by the U.S. Treasury, performance under this Agreement is
subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards."
b. The Subrecipient and the County will be governed by all applicable State and Federal
laws, rules and regulations. Any express reference in this Agreement to a particular
statute, rule, or regulation in no way implies that no other statute, rule, or regulation
applies.
(3) CONTACT
a. The County's Program Manager will be responsible for enforcing performance of this
Agreement's terms and conditions and will serve as the County's liaison with the
Subrecipient. As part of his/her duties, the Program Manager for the County will
monitor and document Subrecipient performance.
b. The County's Program Manager for this Agreement is:
Name: Aubrey Phillips
Department: Office of Management and Budget
Address: 14 S. Ft. Harrison Ave.
Telephone: 727-464-3678
Email: aphillips@pinellascounty.org
c. The name and address of the representative of the Subrecipient responsible for the
administration of this Agreement is:
Name: Jevon Graham, District Chief of Emergency Management
Department: Clearwater Fire & Rescue
Address: 1140 Court St, Clearwater, FL 33756
Telephone: 0: 727-562-4334 x3205 C: 727-385-5510
Email: Jevon.graham@myclearwater.com
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title, address, telephone, and
email of the new representative will be provided to the other party.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
3
(6) MODIFICATION
This Agreement may be modified upon mutual agreement and in writing.
(7) PERIOD OF AGREEMENT
This Agreement shall be effective from (final execution
date) and shall end on December 30, 2020, unless terminated earlier in accordance
with the provisions of Paragraph (15) TERMINATION. The Subrecipient may expend
funds authorized by this Agreement only for allowable costs resulting from obligations
incurred during the period from March 1, 2020 and shall end on December 30, 2020.
(8) FUNDING
a. The County's performance and obligation to pay under this Agreement is contingent
upon funding from the United States Treasury under the CARES Act.
Except as further limited below, Subrecipient may only use payments for any expenses
eligible under Section 601(d) of the Social Security Act, specifically the Coronavirus
Relief Fund and further outlined in US Treasury Guidance, as supplemented by answers
to frequently asked questions. Payments are not required to be used as the source of
funding of last resort.
b. For the purposes of this Agreement, the term "improper payment" means or includes,
any payment that should not have been made or that was made in an incorrect amount
(including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements.
c. The City is responsible for the repayment of funds to the County for expenditures that
the County or the Federal government determines are ineligible under the CARES Act,
or if any funds were used in a mariner that is not consistent or allowable per this
agreement. The County's determination will be guided by applicable guidance issued
by the U.S. Treasury as those may be updated or amended from time to time. This
includes situations where the County or the Federal government determines City
provided funds to the same applicant to whom the County already provided funds for
the same purpose (a "Duplicate Payment").
d. The CARES Act requires that the payments from the Coronavirus Relief Fund only be
used to cover expenses that —
i. are necessary expenditures incurred due to the public health emergency with respect
to the Coronavirus Disease 2019 (COVID-19);
ii. 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 City; and
iii. were incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020. Funds transferred to Subrecipient must qualify as a necessary
expenditure incurred due to the public health emergency and meet the other criteria
of section 601(d) of the Social Security Act. Such funds would be subject to
recoupment by the Treasury Department if the funds have not been used in a
manner consistent with Section 601(d) of the Social Security Act.
4
e. Payment(s) will be based on 12.5% of actual expenses submitted to the County
for the reporting period, to be verified by the County's consultant as listed to be
eligible in the March 19, 2020 FEMA Fact Sheet Coronavirus (COVID-19)
Pandemic: Eligible Emergency Protective Measures (Attachment C) and accepted
by the County as eligible costs under the CARES Act. Additional payment
provisions can be found in Section (18) PAYMENTS.
(9) RECORDS
a. As a condition of receiving County or federal financial assistance, the County or any
of its authorized representatives, shall enjoy the right of access to any documents,
financial statements, papers, or other records of the Subrecipient which are pertinent to
this Agreement, in order to make audits, examinations, excerpts, and transcripts. The
right to access also includes timely and reasonable access to the Subrecipient's
personnel for the purpose of interview and discussion related to such documents. For
the purposes of this section, the term "Subrecipient" includes employees or agents,
including all subcontractors or consultants to be paid from funds provided under this
Agreement.
b. The Subrecipient shall maintain all records related to this Agreement for the period of
time specified in the appropriate retention schedule published by the Florida
Department of State. Information regarding retention schedules can be obtained at:
http://dos.myflorida.com/library-archives/recordss-management/general-records-
schedules/.
c. Additionally, the City shall retain all documents and financial records sufficient to
establish compliance with the CARES Act for a period of six (6) years after final
payment is made.
d. Florida's Public Records Law provides a right to access the records of the state and
local governments as well as to private entities acting on their behalf. Unless
specifically exempted from disclosure by the Legislature, all materials made or
received by a governmental agency (or a private entity acting on behalf of such an
agency) in conjunction with official business which are used to perpetuate,
communicate, or formalize knowledge qualify as public records subject to public
inspection.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS,
PURCHASING AND RISK MANAGEMENT DIVISION, OPERATIONS
MANAGER CUSTODIAN ,OF PUBLIC RECORDS AT 727-464-3311,
PURCHASE@PINELLASCOUNTY.ORG, PINELLAS COUNTY GOVERNMENT,
PURCHASING AND RISK MANAGEMENT DEPARTMENT, OPERATIONS
MANAGER, 400 S. FT. HARRISON AVE, 6TH FLOOR, CLEARWATER, FL
33756.
5
(10) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Subrecipient must 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)."
b. When conducting an audit of the Subrecipient's performance under this Agreement,
the City must use Generally Accepted Government Auditing Standards ("GAGAS").
As defined by 2 C.F.R. § 200.50, "GAGAS, also known as the Yellow Book, means
generally accepted government auditing standards issued by the Comptroller General
of the United States, which are applicable to financial audits."
c. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of, and in compliance with this Agreement, the
Subrecipient will be held liable for reimbursement to the County of all funds not spent
in accordance with these applicable regulations, Treasury Guidance as it may be
amended from time to time and supplemented by answers to frequently asked
questions, and Agreement provisions within thirty (30) days after the County has
notified the Subrecipient of such non-compliance.
d. The Subrecipient must have all audits completed by an independent auditor, which is
defined in Section 215.97(2)(i), Florida Statutes, as "an independent certified public
accountant licensed under Chapter 473." The independent auditor must state that the
audit complied with the applicable provisions noted above. The audits must be
received by the County no later than nine months from the end of the Subrecipient's
fiscal year.
e. The Subrecipient must send copies of reporting packages required under this paragraph
directly to each of the following:
Department: Office of Management and Budget
Address: 14 S. Ft. Harrison Ave, Clearwater, FL 33756
Email: caresforcitiesnpinellascountv.org
f. Fund payments are considered to be federal financial assistance subject to the Single
Audit Act and the related provisions of the Uniform Guidance.
(11) REPORTS
a. The Subrecipient must provide the County with a close-out report upon request by the
County. This report must include the status of the expenditure of funds under this
Agreement, in addition to any other information requested by the County, which assists
the County to comply with its CARES Act reporting obligations.
b. The close-out report is due sixty (60) days after termination of this Agreement or 60
days after completion of the activities contained in this Agreement, whichever occurs
first.
6
c. If all required reports and copies are not sent to the County or are not completed in a
manner acceptable to the County, the County may withhold further payments until they
are completed or may take other action as stated in Paragraph (16) REMEDIES.
d. The Subrecipient must provide additional program updates or information that may be
required by the County.
e. The Subrecipient must promptly provide any and all reports, expenses, or information
requested by the County to enable the County to comply with its current and
subsequently imposed reporting and record retention obligations
f. The City with an allocation of $50,000.00 or more must register with SAM.gov prior
to September 1, 2020; this will enable detailed City data to be imported by the City into
the Federal Government's portal expected to be established September 1, 2020. To
register, go to SAM.gov and enter the required information.
(12) MONITORING
In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS
above, monitoring procedures may include, but are not limited to, on-site visits by
County staff, limited scope audits, or other procedures. The Subrecipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate
by the County. In the event that the County determines that a limited scope audit of
the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional
instructions provided by the County to the Subrecipient regarding such audit. The
Subrecipient further agrees to comply and cooperate with any inspections, review,
investigations, or audits deemed necessary by the County. In addition, the County will
monitor the performance and financial management by the Subrecipient throughout the
period of agreement to ensure timely completion of all tasks.
(13) LIABILITY
Any Subrecipient which is a state agency or subdivision, as defined is Section 768.28,
Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or
omissions which result in claims or suits against the County, and agrees to be liable for
any damages proximately caused by the acts or omissions to the extent set forth in
Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity applies. Nothing herein
will be construed as consent by a state agency or subdivision of the State of Florida to
be sued by third parties in any matter arising out of this Agreement.
(14) CONFLICT OF INTEREST
a. Recipient designees, agents, members, officers, employees, consultants, and any other
public official who exercises or who has exercised any functions or responsibilities
with respect to this grant during his or her tenure, or who is in a position to participate
in a decision making process or gain inside information with regard to any program,
are barred from any interest, direct or indirect, in any grant or proceeds of any program,
7
or benefit there from, which is a part of this Agreement at any time during or after such
person's tenure.
(15) DEFAULT
a. If any of the following events occur ("Events of Default"), all obligations on the part
of the County to make further payment of funds will, if the County elects, terminate
and the County has the option to exercise any of its remedies set forth in Paragraph (16)
REMEDIES. However, the County may make payments or partial payments after any
Events of Default without waiving the right to exercise such remedies, and without
becoming liable to make any further payment.
b. If any warranty or representation made by the Subrecipient in this Agreement with the
County is or becomes false or misleading in any respect, or if the Subrecipient fails to
keep or perform any of the obligations, terms or covenants in this Agreement with the
County and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
c. If material adverse changes occur in the financial condition of the Subrecipient at any
time during the period of agreement, and the Subrecipient fails to cure this adverse
change within thirty (30) days from the date written notice is sent by the County;
d. If any reports required by this Agreement have not been submitted to the County or
have been submitted with incorrect, incomplete or insufficient information; or
e. If the Subrecipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16) REMEDIES
If an Event of Default occurs, then the County may, after thirty (30) calendar days written
notice to the Subrecipient and upon the Subrecipient's failure to cure within those thirty
(30) days, exercise any one or more of the following remedies, either concurrently or
consecutively:
a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30)
days prior written notice of the termination.
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Subrecipient refund to the County any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds;
e. Exercise any corrective or remedial actions, to include but not limited to:
i. request additional information from the Subrecipient to determine the reasons for
or the extent of non-compliance or lack of performance,
ii. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs
for any activities in question, and
8
iv. require the Subrecipient to reimburse the County for the amount of costs incurred
for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law. Pursuing
any of the above remedies will not stop the County from pursuing any other remedies
in this Agreement or provided at law or in equity. If the County waives any right or
remedy in this Agreement or fails to insist on strict performance by the Subrecipient,
it will not affect, extend or waive any other right or remedy of the County, or affect
the later exercise of the same right or remedy by the County for any other default by
the Subrecipient.
(17) TERMINATION
a. The County may terminate this Agreement for cause upon notice in writing to the City.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules,
laws and regulations, failure to perform on time, and refusal by the Subrecipient to
permit public access to any document, paper, letter, or other material subject to
disclosure under Florida Statute Chapter 119, as amended.
b. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the
effective date of the termination and the procedures for proper closeout of this
Agreement.
c. In the event this Agreement is terminated, the Subrecipient will not incur new
obligations for the terminated portion of this Agreement after they have received the
notification of termination. The Subrecipient will cancel as many outstanding
obligations as possible. Costs incurred after receipt of the termination notice will be
disallowed. The Subrecipient will not be relieved of liability to the County because of
any breach of this Agreement by the Subrecipient. The County may, to the extent
authorized by law, withhold payments to the Subrecipient for the purpose of set-off
until the exact amount of damages due the County from the Subrecipient is determined.
(18) PAYMENTS
a. The County agrees to pay the City the not -to -exceed sum of $1,408,513.00, as determined
by the City's reimbursement allocation which is based on City population estimates as of
July 1, 2019, to be disbursed on a reimbursement basis for up to 12.5% of actual expenses
submitted to the County for the reporting period, to be verified by the County's consultant
as listed to be eligible in the March 19, 2020 FEMA Fact Sheet Coronavirus (COVID-19)
Pandemic: Eligible Emergency Protective Measures (Attachment C) and accepted by the
County as eligible costs under the CARES Act.
b. The City will submit a FEMA Cost Summary Form (Attachment B) for the actual costs for
the period covered from March 1, 2020 to September 14, 2020 not later than October 15,
2020.
c. A second FEMA Cost Summary Form to cover the period from September 15, 2020 to
December 30, 2020 will be due not later than January 30th, 2021.
9
d. No later than January 30`h, 2021, the City will submit to the County documentation to
support eligible expenditures incurred under this agreement. Documentation will include
but is not limited to: invoices, proof of payment, employee time record and costs, and other
documentation required by the County
e. Any additional payments approved by the County to the City will be made by an
Amendment to this document.
(19) REPAYMENTS
a. The City shall return to the County any funds that have not been used in a manner consistent
with this Agreement.
b. All refunds, return of improper payments, or repayments due to the County under this
Agreement are to be made payable to the order of "Pinellas County Board of County
Commissioners," and mailed directly to the following address:
Department: Finance Division
Address: P. O. Box 2438, Clearwater, FL 33757
c. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the County for collection, Subrecipient shall pay the County a service fee
of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater.
(20) MANDATED CONDITIONS AND OTHER LAWS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Subrecipient
in this Agreement, in any later submission or response to a County request, or in any
submission or response to fulfill the requirements of this Agreement. All of said
information, representations, and materials is incorporated by reference. The
inaccuracy of the submissions or any material changes will, at the option of the County
and with thirty (30) days written notice to the Subrecipient, cause the termination of
this Agreement and the release of the County from all its obligations to the
Subrecipient.
b. This Agreement must be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement will be in the Circuit Court of Pinellas
County, or the Federal Middle District Court, Tampa Division. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then
the provision is null and void to the extent of the conflict, and is severable, but does not
invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the County under the terms of this
Agreement, and any right to audit or require repayment of funds, will survive the term
of this Agreement.
d. The Subrecipient 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
10
accommodations, transportation, State and local government services, and
telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list or on the discriminatory vendor list.
f. All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
g. If the Subrecipient is allowed to temporarily invest any advances of funds under this
Agreement, they must use the interest earned or other proceeds of these investments
only to cover expenditures incurred in accordance with Section 601(d) of the Social
Security Act and the Guidance on eligible expenses. If a government deposits CRF
payments in a government's general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover
necessary expenditures. Fund payments are not subject to the Cash Management
Improvement Act of 1990, as amended. The County will not intentionally award
publicly-funded contracts to any contractor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("1NA")]. The County shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the
Subrecipient of the employment provisions contained in Section 274A(e) of the INA
will be grounds for unilateral cancellation of this Agreement by the County.
h. The Subrecipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing
board or the meetings of any subcommittee making recommendations to the governing
board. All of these meetings must be publicly noticed, open to the public, and the
minutes of all the meetings will be public records, available to the public in accordance
with Chapter 119, Florida statutes.
i. All expenditures of County or federal financial assistance must be in compliance with
the laws, rules and regulations applicable to expenditures of County funds.
j. If the purchase of an asset was consistent with the limitations on the eligible use of
funds provided by Section 601(d) of the Social Security Act, the Subrecipient may
retain the asset. 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 or repayment to the County.
11
(21) LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of
this Agreement. The Subrecipient also certifies that the undersigned person has the
authority to legally execute and bind the Subrecipient to the terms of this Agreement.
(22) ASSURANCES
The Subrecipient must comply with any Statement of Assurances incorporated as
Attachment A.
(23) INDEMNIFICATION; RECOUPMENT
Recipient shall, at its cost and expense, protect, defend, indemnify, and hold harmless
the County, its directors, officers, employees, and agents, from and against any and all
demands, liabilities, causes of action, costs and expenses (including attorneys' fees),
claims, judgments, or awards of damages, arising out of or in any way resulting from
the acts or omissions of Recipient, its directors, officers, employees, or agents, relating
in any way to the Recipient's performance under the Agreement. These indemnification
obligations shall survive the termination of the Agreement. Recipient further agrees
that it is financially responsible for and will repay the County any and all indicated
amounts following an audit exception which occurs due to Recipient's failure, for any
reason, to comply with the terms of this Agreement.
(24) PROVISIONS REQUIRED BY LAW DEEMED INSERTED.
Each and every provision of law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and the Agreement shall be read and
enforced as though it were included therein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon application of
either party, the Agreement shall be physically amended to makes such insertion or
corrections.
12
IN WITNESS WHEREOF, the parties have caused their respective authorized
representative to execute this Agreement effective as of the date first above written.
Countersigned:
By:
rank Hibbard
Mayor
CITY OF CLEARWATER
By:
Approved as to form: Attest:
By:
Assistant City Attorney
14
William B. Horne II
City Manager
Rosemarie Call
City Clerk
IN WITNESS WHEREOF, the parties have caused their respective authorized representative to
execute this Agreement effective as of the date first above written.
ATTEST: PINELLAS COUNTY, FLORIDA, by and
KEN BURKE, CLERK through its County Administrator
By: By:
Deputy Clerk County Administrator
[SEAL]
13
APPROVED AS TO FORM
By:
Office of the County Attorney
Attachment A
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I , am the Authorized Agent of the City of Clearwater and I certify
that:
1. I have the authority on behalf of the City to request these payments from Pinellas County
("County") for federal funds appropriated pursuant to Section 601 of the Social Security Act, as
added by Section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No.
116-136, div. A, Title V (Mar. 27, 2020).
2. I understand that the County will rely on this certification as a material representation in making
these payments to the City.
3. I understand that as additional federal guidance becomes available, an amendment to the agreement
between the County and the City may become necessary and agree to execute necessary
amendments.
4. I acknowledge that the City should keep records sufficient to demonstrate that the expenditure of
funds it has received is in accordance with Section 601(d) of the Social Security Act.
5. I acknowledge that all records and expenditures are subject to audit by the United States
Department of Treasury's Inspector General, and the County, or designee.
6. I acknowledge that the City has an affirmative obligation to identify and report any duplication of
benefits. I understand that the County has an obligation and the authority to de -obligate or offset
any duplicated benefits.
7. I acknowledge and agree that the City shall be liable for any costs disallowed pursuant to financial
or compliance audits of funds received.
8. I acknowledge that if the City 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 County.
9. I acknowledge that the City's proposed uses of the funds provided as payments from the County
by federal appropriation under Section 601 of the Social Security Act will be used only to cover
those costs that:
a. are necessary expenditures incurred due to the public health emergency and governor's disaster
declaration on March 13, 2020 with respect to the Coronavirus Disease 2019 (COVID-19);
b. were not accounted for in the budget most recently approved as of March 27, 2020, for the
City; and
c. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020;
and
d. are not more than 12.5% of the actual expenses submitted to the County by the City for the
reporting period as listed as eligible in the March 19, 2020 FEMA Fact Sheet Coronavirus
(COVID-19) Pandemic: Eligible Emergency Protective Measures.
In addition to each of the statements above, I acknowledge on submission of this certification that my
jurisdiction has incurred eligible expenses between March 1, 2020 and the date noted below.
By:
Name and title: William B. Horne, II, City Manager
Date:
15
Attachment B
FEMA COST SUMMARY FORM
County of Pinellas, FL
Survey of Municipality Actual FEMA Eligible C Expenditures
Period from 3/1/20 thorugh 9/14/20
City Name
Person Completing Form
Email Address
Phone Number
Item
Amount
§ Management, control and reduction of immediate threats to
public health and safety:
a. Emergency Operation Center costs
b. Training specific to the declared event
c. Disinfection of eligible public facilities
d. Technical assistance to state, tribal, territorial or local
governments on emergency management and control of immediate
threats to public health and safety
§ Emergency medical care:
a. Non -deferrable medical treatment of infected persons in a
shelter or temporary medical facility
b. Related medical facility services and supplies
c. Temporary medical facilities and/or enhanced medical/hospital
capacity (for treatment when existing facilities are reasonably
forecasted to become overloaded in the near term and cannot
accommodate the patient load or to quarantine potentially infected
persons)
d. Use of specialized medical equipment
e. Medical waste disposal
f. Emergency medical transport
§ Medical sheltering (e.g. when existing facilities are reasonably
forecasted to become overloaded in the near future and cannot
accommodate needs)
a. All sheltering must be conducted in accordance with standards
and/or guidance approved by HHS/CDC and must be implemented
in a manner that incorporates social distancing measures
16
b. Non -congregate medical sheltering is subject to prior approval by
FEMA and is limited to that which is reasonable and necessary to
address the public health needs of the event, is pursuant to the
direction of appropriate public health officials and does not extend
beyond the duration of the Public Health Emergency
§ Household pet sheltering and containment actions related to
household pets in accordance with CDC guidelines
§ Purchase and distribution of food, water, ice, medicine, and
other consumable supplies, to include personal protective
equipment and hazardous material suits
§ Movement of supplies and persons
§ Security and law enforcement
§ Communications of general health and safety information to the
public
§ Search and rescue to locate and recover members of the
population requiring assistance
§ Reimbursement for state, tribe, territory and/or
government force account overtime costs
Other (please explain):
a.
b.
c.
d.
Total
17
Attachment C
FACT SHEET
Coronavirus (COVID-19) Pandemic:
Eligible Emergency Protective Measures
Consistent with the President's national emergency declaration for the coronavirus (COVID-
19) pandemic on March 13, 2020, FEMA urges officials to, without delay, take appropriate
actions that are necessary to protect public health and safety pursuant to public health
guidance and conditions and capabilities in their jurisdictions. FEMA provides the following
guidance on the types of emergency protective measures that may be eligible under
FEMA's Public Assistance Program in accordance with the COVID-19 Emergency
Declaration in order to ensure that resource constraints do not inhibit efforts to respond to
this unprecedented disaster.
FEMA Public Assistance Program
In accordance with section 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121-5207 (the "Stafford Act"), eligible emergency protective measures taken to respond to the COVID-19
emergency at the direction or guidance of public health officials may be reimbursed under Category B of FEMA's
Public Assistance program. FEMA will not duplicate assistance provided by the 11.5_,Dgpagmatstilmatonci
Rum (HHS), to include the Gefgers fpr mipase.CQntrol andPreyentig( (CDC), or other federal agencies.
State, territorial, tribal, and local government entities and certain private non-profit organizations are eligible to
apply for ar¢l► Assistance. FEMA assistance will be provided at a 75 percent federal cost share. This assistance will
require execution of a FEMA-State/Tribal/Territory Agreement, as appropriate, and execution of an applicable
emergency plan. Local governments and other eligible PA applicants will apply through their respective state, tribal
or territorial jurisdictions.
Eligible Assistance
Under the COVID-19 Emergency Declaration described above, FEMA may provide assistance for emergency
protective measures including, but not limited to, the following, if not funded by the HHS/CDC or other federal
agency. While some activities listed may be eligible for funding through HHS/CDC, final reimbursement
determinations will be coordinated by HHS and FEMA FEMA will not duplicate any assistance provided by
HHS/CDC):
■ Management, control and reduction of immediate threats to public health and safety:
o Emergency Operation Center costs
FEMA
18
o Training specific to the declared event
o Disinfection of eligible public facilities
o Technical assistance to state, tribal, territorial or local governments on emergency management and
control of immediate threats to public health and safety
■ Emergency medical care:
o Non -deferrable medical treatment of infected persons in a shelter or temporary medical facility
o Related medical facility services and supplies
o Temporary medical facilities and/or enhanced medical/hospital capacity (for treatment when existing
facilities are reasonably forecasted to become overloaded in the near term and cannot accommodate
the patient load or to quarantine potentially infected persons)
o Use of specialized medical equipment
o Medical waste disposal
o Emergency medical transport
• Medical sheltering (e.g. when existing facilities are reasonably forecasted to become overloaded in the near
future and cannot accommodate needs)
o All sheltering must be conducted in accordance with standards and/or guidance approved by HHS/CDC
and must be implemented in a manner that incorporates social distancing measures
o Non -congregate medical sheltering is subject to prior approval by FEMA and is limited to that which is
reasonable and necessary to address the public health needs of the event, is pursuant to the direction of
appropriate public health officials and does not extend beyond the duration of the Public Health
Emergency
• Household pet sheltering and containment actions related to household pets in accordance with CDC
guidelines
■ Purchase and distribution of food, water, ice, medicine, and other consumable supplies, to include personal
protective equipment and hazardous material suits
• Movement of supplies and persons
• Security and law enforcement
• Communications of general health and safety information to the public
• Search and rescue to locate and recover members of the population requiring assistance
■ Reimbursement for state, tribe, territory and/or local government force account overtime costs
More Information
Further information about eligible emergency protective measures can be found in the Bak .Ag igtiance.ProgrAm
antj. Pptjpy. Quidq, FP 104-009-2 (April 2018).
For more information, visit the following federal government websites:
19
°
~
20
Graham, Jevon A.
From: Cares For Cities <CaresForCities@co.pinellas.fl.us>
Sent: Wednesday, October 28, 2020 4:22 PM
Cc: Cares For Cities
Subject: CARES Act Update
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good afternoon CARES for Cities Contacts,
An update went out to City Managers earlier this afternoon regarding revisiting CARES eligible expenses beyond the
FEMA Public Assistance local match for both the cities and the County. Unfortunately, this will require us to revise the
template subrecipient agreement. We'll be discussing this change with city managers next Friday and are working to
have a revised agreement and guidance sent back out to cities shortly afterwards based on that discussion.
For the time being, we will hold on routing current agreements for signature so as to prevent the need for amendments.
If this creates concerns specific to your jurisdictions, please reach out to me since each city is at a different place in the
process.
I do not anticipate that a revised agreement will look radically different so the current agreements are still appropriate
to route for legal, risk or other internal review prior to signature and we can provide a tracked changes version to show
the changes. Those cities with longer council approval processes may want to bring the draft agreement forward and
request a delegation of authority to the city manager, clerk, or other appropriate official.
Thank you all for your continued patience and partnership.
Warm regards,
Aubrey Phillips
Strategic Performance Manager
Pinellas County Office of Management & Budget
14 S. Fort Harrison Ave., 5th Floor
Clearwater, FL 33756
(941) 224-0769 (cell)
(727) 464-3678
aphillips a(�pinellascounty.orq
W. In ••
www.binellascounty.org/budget
Subscribe to county updates and news
Your opinion matters to us! Please take a moment to answer a brief survey about our service:
www.pinellascountv.org/surveys/OMB
All govemment correspondence is subject to the public records law.
1
AGENDA DRAFT
Agenda Item:
Approve CARES Act Funding Agreement (Grant) for COVID-19 Expenditures
Work Session: 11/16/20
Council Meeting: 11/19/20
Subject/recommendation:
Approve the CARES Act Funding Agreement between Pinellas County and the City of
Clearwater for public assistance support for COVID-19 expenditures and allow the City Manager
or designee to enter into, approve, and execute same and any future modifications for COVID-
19 expenditures.
Summary:
The CARES Act Funding Agreement is a grant for federal funds appropriated pursuant to
Section 601 of the Social Security Act. Funds will be used to cover costs incurred due to the
public health emergency and governor's disaster declaration on March 13, 2020 with respect to
COVID-19.
The United States Department of Treasury deemed Pinellas County as a unit of local
government eligible to receive grant funding. The Department of Treasury is the Federal
Awarding agency with Pinellas County, Florida being the Pass -Through Entity to provide funds
to the City of Clearwater as a subrecipient. The total amount of the Federal award is
$170,100,000.00. The City of Clearwater has been approved to receive up to $1,408,513.00 of
the award as a grant to pay or reimburse necessary expenditures incurred due to the COVID-19
emergency for the period of March 1, 2020 through December 30, 2020.
Pinellas County's Program Manager will be responsible for enforcing performance of this
Agreement and will be the liaison with Jevon Graham, District Chief of Emergency
Management.
The Federal Government passed the CARES Act March 27, 2020 to give relief for public health
and economic impacts of COVID-19. It is now necessary for the City of Clearwater, as the
Subgrantee/Subrecipient, to enter into the Agreement with Pinellas County (the
Grantee/Recipient) in order to participate in this grant program.