Loading...
Contract 2020-062A#2020-62-A INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS (Municipal Funding) THIS INTERLOCAL AGREEMENT is made and entered into by and between Lake County, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "County," and the City of Clermont, a municipal corporation organized under the laws of the State of Florida, hereinafter referred to as the "Municipality." WHEREAS, the State of Florida has been awarded funds pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES), Public Law No. 116-136, div. A, Title V (March 27, 2020), known as the CARES Act; and WHEREAS, the State has determined that the County's share of the CARES Act funding is $64,059,260; and WHEREAS, the County and the State of Florida, Division of Emergency Management ("State DEM"), entered into a CARES Act Funding Agreement (the "Funding Agreement") for the initial 25% of the County's allocation to disburse funds to Lake County for: (i) necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019; (ii) were not accounted for in the budget most recently approved by the entity; and (iii) were incurred between March 2, 2020, through December 30, 2020; and WHEREAS, after the initial allocation to the County has been expended, the County will be entitled to draw down the remaining balance in the amount of $48,044,445("Grant Funds"), under what will most likely be similar terms and conditions as set forth under the Funding Agreement; and WHEREAS, the parties want to enter this interlocal agreement for the purposes of assisting the Municipality with implementing certain safety improvements or to reimburse certain necessary expenditures incurred due to the public health emergency as identified herein. NOW THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1. The above recitals are incorporated into this interlocal agreement. ARTICLE I. SCOPE OF SERVICE AND USE OF FUNDS 2. Scope. The County will subgrant to the Municipality $1.981,350.00 in Grant Funds for the purposes shown in spend plan, more fully described below. The Grant Funds to be awarded to Municipality have been determined as follows: • Base Award: $75,000.00 • Per Capita Award: $ 1.906.350.00 Total: $1,981,350.00 INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT The Municipality will comply with the requirements of the Funding Agreement attached hereto and incorporated herein as Exhibit A. The parties authorize their respective County/ City Manager to execute an amendment when the County executes a revised document with the State DEM for the remaining CARES Act funding. No later than September 18, 2020, the Municipality will provide the County with a spend plan that that County will submit to the State DEM, and is required to be approved by the State DEM, for the purposes outlined herein, and those funds shall be spent not later than December .1, 2020. Once the Spend Plan is approved by the State DEM, the Spend Plan will become a material part of this interlocal agreement and will be incorporated herein by reference as Exhibit B. The Municipality will provide all documentation necessary for the County to fulfill the requirements for receipt of funds in accordance with the terms of the Funding Agreement. In the event the State DEM disallows the Project expenditures, the Municipality will be the entity responsible for providing additional documentation to the satisfaction of the State DEM, or for appealing the ruling, if necessary. In the event the Municipality is not successful and the State DEM disallows and/or requires the re -payment of all or some of the Grant Funds provided hereunder, the Municipality will be the entity responsible for re -paying such funds to the State DEM and/or reimbursing the County. 3. Term. This interlocal agreement shall be effective upon the date of the last party to sign and will remain in effect through March 31, 2021; provided, however, that the obligation to either provide sufficient documentation to justify the Project expenditures, or the repayment of any disallowed expenditures shall survive the termination. This interlocal agreement may be extended upon written mutual agreement of the parties. 4. Payment. The County will pay the Municipality the funds set forth in Section 1 above upon the (1) State DEM's approval of the spend plan, and (2) receipt of Grant Funds from the State DEM. If any portion of the Municipality's spend plan is rejected by the State DEM, the funds associated with that item will be withheld unless there is sufficient time in which to resubmit a revised spend plan and receive approval from the State DEM of the revision. In the event the State DEM does not allow the County to draw down the remaining balance of its allocation and determines that the remaining balance can only be paid on a reimbursement basis, the Municipality may elect to expend its own funds up front and seek reimbursement through the process established by the State DEM.. The County shall not provide any advanced funding under this interlocal agreement. 5. Record Keeninv. The Municipality shall maintain such records and accounts necessary to assure a proper accounting and monitoring of all funds provided pursuant to this interlocal agreement, including those required under the terms of the Funding Agreement, financial records, project administration records, records supporting exceptions to the conflict of interest prohibition, and any other records as are deemed necessary by the County to assure a proper accounting and monitoring of all funds provided pursuant to this agreement. Records must be submitted to the County. 2 SMOCUMEN7120201EMERGENCY MANGWuaicipaUdes CARES Act bacrlocaDMimicipalitiesTiermont\CARES Act Subrv*eot Agreemeat_Ckmtoat 5-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT ARTICLE II. CANCELLATION, DEFAULT, AND TERAHNATION 6. Except as otherwise provided herein, this interlocal agreement may be cancelled by either party if the other party fails to comply with the terms and conditions of this agreement and such failure has not been cured within the applicable cure periods. The terminating party will be required to provide thirty (30) days advance written notice to the, other at the address specified herein. 7. A default shall consist of any use of Grant Funds for a purpose other than as authorized by this interlocal agreement, noncompliance with any provision herein, any material breach of the agreement, failure to comply with the audit requirements as provided herein, or failure to expend Grant Funds in a timely or proper manner. S. Upon the occurrence of any such default the County shall serve due notice to the Municipality, at which time the Municipality shall have a reasonable opportunity to respond and cure. For purposes of this interlocal agreement, a reasonable opportunity to respond and cure any default shall be ten (10) days (in the case of monetary defaults) or thirty (30) days (in the case of non - monetary defaults) from the date the County delivers by personal service or mails written notice of such default to the Municipality, hereinafter referred to as the "Cure Period." If the default is not cured to the satisfaction of the County, the County shall have the right, in its sole discretion, to take the following action(s): A. Upon a written request from Municipality setting forth a reasonable basis to support the need for an additional Cure Period, the County may grant an additional Cure Period by written acknowledgment thereof; or B. Terminate this interlocal agreement by written notice thereof; or C. Take such other action, including, but not limited to: temporarily withholding cash payments pending correction of the deficiency by the Municipality, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate the current award for the Project, withhold further awards for the Project or take other remedies that may be legally available. 9. Costs resulting from obligations incurred by the Municipality during a suspension or after termination of an award are not allowable unless the County expressly authorizes them in the notice of suspension or termination or subsequently. Other Municipality costs during suspension or after termination, which are necessary and not reasonably avoidable, are allowed if: A. The costs result from obligations which were properly incurred by the Municipality before the effective date of suspension or termination, and are not in anticipation of it, and, in the case of a termination, are noncancelable; and B. The costs would be allowed if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. 3 SMOCUMENMOMEMERGENCY MAN&Municipahties CARES Act hrwlocaAMmricipaliticaklermonlCARES Act Subrecipient Agreement Clermom 8-28- 20.doex INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT 10. No delay or omission by County or state in exercising any right or remedy available to it under the interlocal agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any School Board default. 11. Nothing contained herein shall be construed as a limitation on such other rights and remedies available to the parties under law or in equity which may now or in the future be applicable. ARTICLE M. MISCELLANEOUS TERMS 12. Fiscal Non -Funding Clause. If this interlocal agreement is funded in whole or in part by federal or state dollars which are reduced or become unavailable as a result of federal or state action, the County shall notify the Municipality of such occurrence and the County may terminate this agreement without penalty or expense to the County, upon no less than twenty- four (24) hours written notice to the Municipality. 13. Assignment. Municipality shall not assign this interlocal agreement or any part hereof without the prior written consent of the County.. 14. Compliance with Applicable Laws. The Municipality certifies that it will comply with all applicable laws, orders, and codes of the state, local, and federal governments as they pertain to this interlocal agreement, including but not limited to Section 601(d) of the Social Security Act. 15. Etc ual Opportunity Clause. The Municipality agrees to comply with the requirements of all applicable state, federal, and local laws, rules, regulations, ordinances and Executive Orders prohibiting and relating to discrimination. 16. Conflict of Interest. A. The Municipality guarantees that no member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this interlocal agreement or to any benefit to arise from the same. B. The Municipality agrees that no member of the governing body of the locality in which the Municipality is situated, no other public official of such locality or localities, and no person, unless expressly permitted by the State or by the County, who is an employee, agent, consultant, officer, or elected or appointed official of the Municipality, and who exercises or has exercised any functions or responsibilities with respect to the Project or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from Coronavirus Relief Funds, or have any interest in any contract, subcontract, or agreement with respect thereto, or with respect to the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. 4 S:WOCUMEN71 OMEMERGENCY MANGWadcipahties CARES Act hmdocaPMimicgWihesklrnnoM\CARES Act Subrec"CW A8r=nent_Clam0m &2& MAO= INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT C. The Municipality represents that it presently has no interest, and shall not acquire such interest, financial or otherwise, direct or indirect, nor engage in any business transaction or professional activity or incur any obligation of any nature which would conflict in any manner with the performance of scope of service required hereunder. D. Without receiving prior written authorization by the County, the Municipality shall not (i) retain any individual or company with whom the Municipality or any individual member thereof has a financial or other conflict of interest; nor (ii) in fulfillment of this interlocal agreement, do business with a for -profit entity in which the Municipality or any individual member has a financial or other interest therein. E. The Municipality warrants to the County that no gifts or gratuities have been or will be given to any County employee or agent, directly or indirectly, to obtain this interlocal agreement. 17. Project Publieita. The Municipality shall recognize the Lake County Board of County Commissioners for its contribution in promotional material and at any events or workshops for which funds from this interlocal agreement are allocated. Any news release or other type of publicity pertaining to the scope of work performed pursuant to this interlocal agreement must recognize the County as a sponsor, funded by the State and by Lake County. In written materials, the reference of the Board of County Commissioners must appear in the same size letters and font type as the name of any other funding sources. The Municipality shall receive prior written approval from the Director of the Office of Communications to use the County's Logo or Seal. The Municipality shall in no way use any statements, whether written or oral, made by the County's employees to market, sell, promote or highlight the Municipality, the Municipality's product(s) and service(s) unless authorized to do so, in writing, by the County Manager or his/her designee. In addition, the Municipality shall not use 'subjective or perceived interpretations, even if factual, regarding the County's opinion of the Municipality's performance, product(s) and service(s) in any document, article, publication or press release designed to market, promote or highlight the Municipality or the Municipality's product(s) and service(s). This does not prevent the Municipality from including the County on its client lists or listing or using the County as a reference. 18. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies 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 any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, as amended, for Category Two for a period of 36 months following the date of being placed on the convicted vendor list. 5 S:IDOCUMENTU02OUVIERGENCY MANGWimicipalities CARES Act IuterlocaMLinicipalitiealClermootlCARES Act Submcipiear Agreemeut_Clermovt 8-2g- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT 19. Maintenance of Records. A. Municipality shall maintain all records and accounts, including property, personnel and financial records, contractual agreements, construction reports, subcontracts, proof of required insurance, and any other records related to or resulting from the activities performed under this interlocal agreement to assure a proper accounting and monitoring of all under the terms of the Funding Agreement. In the event the County determines that such records are not being adequately maintained by Municipality, the County may cancel this interlocal agreement in accordance with the terms herein. B. With respect to all matters covered by this interlocal agreement, records will be made available for examination, audit, inspection or copying purposes at any time during normal business hours and as often as the County, state, representatives of the Comptroller General of the United States or other federal agency may require. The Municipality will permit same to be examined and excerpts or transcriptions made or duplicated from such records, and audits made of all contracts, invoices, materials, records of personnel and of employment and other data relating to all matters covered by this agreement. The County shall provide notice of its intent to inspect records to the Municipality at least three (3) business days in advance. C. The County's right of inspection and audit shall obtain likewise with reference to any audits made by any other agency, whether local, state or federal. Municipality shall retain all records and supporting documentation applicable to this interlocal agreement for five years after the period expires for inspection. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration ofthe required record retention period, records must be retained until completion of the action and resolution of all issues which arise from it, or the end of the required period, whichever is later. D. This Section shall survive the expiration or earlier termination of this interlocal agreement. 20. Audit Red uirements. A. Funds payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance. The Municipality shall conduct a single or program -specific audit in accordance with the provisions of 2 C.F.R. Part 200 and the related provisions of the Uniform Guidance, if it expends more than $750,000 or more in federal awards from all sources during its fiscal year. The Catalog of Federal Domestic Assistance (CFDA) number for these funds is 21.019. B. Audit Results. In the event the audit or the audited financial statements show that the funds disbursed hereunder, or any portion thereof, were not expended in accordance with the conditions of this interlocal agreement, Municipality shall be held liable for reimbursement to the State DEM or the County of all funds not expended in accordance with the applicable regulations and agreement provisions within thirty (30) days after the County has notified 6 SMOCUMENMD201EMERGENCY MANGWunicipalities CARES Act lntetiocaAMujdcip,Eties%ClermemlCARES Act Subrecipient Apwment_Clermont 8-28- 20.doex INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUMCIPAL FUNDING CITY OF CLERMONT Municipality of such non-compliance. Said reimbursement shall not preclude the County from taking any other action as provided herein. 21. Drug Free Workplace. The Municipality shall assure the County that it will administer, in good faith, a policy designed to ensure that the Municipality is free from the illegal use, possession, or distribution of drugs or alcohol. 22. Ne.-ation of Agent or Employee Status. The Municipality shall perform this interlocal agreement as an independent agent and nothing contained herein shall in any way be construed to constitute the Municipality or any assistant, representative, agent, employee, independent contractor, partner, affiliate, holding company, subsidiary or subagent of the Municipality to be a representative, agent, subagent, or employee of the County. A. The Municipality certifies its understanding that the County is not required to withhold any federal income tax, social security tax, state and local tax, to secure worker's compensation insurance or employer's liability insurance of any kind, or to take any other action with respect to this insurance or taxes of the Municipality and assistant(s) of the Municipality. B. In no event shall any provision of this interlocal agreement make the County or any political subdivision of the State of Florida liable to any person or entity that contracts with or provides goods or services to the Municipality in connection with the services the Municipality has agreed to perform hereunder or otherwise, or for any debts or claims of any nature accruing to any person or entity against the Municipality. There is no contractual relationship, either express or implied, between the County or any political subdivision of the State of Florida and any person or entity supplying any work, labor, services, goods or materials to the Municipality as a result of the provisions of the services provided by the Municipality hereunder or otherwise. 23. Indemnification. The Municipality, to the extent permitted by Florida law and without waiving its right to sovereign immunity shall indemnify, hold harmless, and defend the County and the Lake County Board of County Commissioners, and the respective agents and employees of the County and the Lake County Board of County Commissioners, hereinafter collectively referred to as the "Indemnified Parties," from and against any and all liabilities, losses, claims, damages, demands, expenses or actions, either at law or in equity, including court costs and attorneys' fees, that may hereafter at any time be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or omission, or based on any act of fraud or defalcation by the Municipality, its agents, subcontractors, assigns, heirs, and employees during performance under this interlocal agreement. The extent of this indemnification shall not be limited in any way as to the amount or types of damages or compensation payable to any of the Indemnified Parties on account of any insurance limits contained in any insurance policy procured or provided in connection with this interlocal agreement. In any and all claims against any of the Indemnified Parties by any employee of the Municipality, any subcontractor, heir, assign, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any 7 S:00CUMENTUOMEMERGENCY MANGWmticipalities CARES Act ltnerlocg WunicipalitiesTlermonfCARES Act Sabrecipient Agreement Clermont 8-26- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT way as to the amount or type of damages, compensation or benefits payable by or for the Municipality or any subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. The provisions of this paragraph shall survive the expiration or earlier termination of this interlocal agreement. In connection with any indemnifiable claim hereunder arising out of a claim by a third -party against the County, Municipality shall be entitled to adequate notice and opportunity to defend any indemnifiable claim hereunder in good faith and with diligence. 24. Recapture of Funds. Subject to the conditions set forth in this interlocal agreement, it is the intent of the parties that the County shall recapture any Grant Funds provided under this interlocal agreement if the Project is considered in default under any of the provisions in this interlocal agreement, following the expiration of the reasonable opportunity to respond and cure any default. 25. Reversion of Assets. Within thirty (34) days following the expiration or termination of this interlocal agreement, the Municipality shall transfer to the County any Grant Funds on hand at the time of expiration or termination of this agreement if the Grant Funds have not been expended on eligible costs and any interest income attributable to the use of the such funds. 26. Severabilirr•. Any term, condition, covenant or obligation which requires performance by either party subsequent to termination of this interlocal agreement shall remain enforceable against such parry subsequent to such termination. In the event any section, sentence, clause or provision of this interlocal agreement is held to be invalid, illegal or unenforceable by a court having jurisdiction over the matter, the remainder of the interlocal agreement shall not be affected by such determination and shall remain in full force and effect. 27. Successors and Assigns. This interlocal agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 28. Governing Law. Each party covenants and agrees that any and all legal actions arising out of or connected with this interlocal agreement shall be instituted in the Circuit Court of the Fifth Judicial Circuit, in and for Lake County, Florida, or in the United States District Court for the Middle District of Florida, as the exclusive forums and venues for any such action, subject to any right of either party to removal from state court to federal court, which is hereby reserved, and each party further covenants and agrees that it will not institute any action in any other forum or venue and hereby consents to immediate dismissal or transfer of any such action instituted in any other forum or venue. This interlocal agreement is entered into within, and with reference to the laws of, the State of Florida, and shall be governed, construed and applied in accordance with those laws (excluding conflicts of law) of the State of Florida. 29. Authorization. Each party represents to the other that such party has authority under all applicable laws to enter into an agreement containing such covenants and provisions, that all of the procedural requirements imposed by law upon each party for the approval and authorization of this interlocal agreement have been properly completed, and that the persons who have executed this agreement are duly authorized and empowered to do so. 8 S-ADOCUMENTV020XEMERGENCY MANG'Mimicipalitics CARES Act ImerlocOMunicipatitieslClemwnHCARES Act Subiecipirnr Agreement Clamom_8-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT 30. Notices. All notices which may be given pursuant to this interlocal agreement shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Lake Couniv County Manager P.O. Box 7800 Tavares, FL 32778 cc: County Attorney P.O. Box 7800 Tavares, FL 32778 Municipality City Manager 685 West Montrose Street Clermont, FL 34711 31. Capitalizations. Capitalized terms contained herein shall have the definition assigned. Capitalized terms contained herein that do not have the definition assigned shall have the meaning assigned in the applicable federal statute or regulation. All descriptive headings of paragraphs in this agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. 32. Estoppel/Waiver. A waiver of any performance or default by either party shall not be construed to be a continuing waiver of other defaults or non-performance of the same provision or operate as a waiver of any subsequent default or non-performance of any of the terms, covenants, and conditions of this agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 33. Meraer and Modifications. This interlocal agreement together with the attachments embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with respect to the subject matter hereof, that are not merged herein and superseded hereby. This interlocal agreement may only be amended or extended by a written instrument executed by the County and the Municipality expressly for that purpose. 34. Monitoring,. The County will monitor the performance of the Municipality throughout the term of this interlocal agreement to ensure timely completion. 9 S_1D0CUMEN712020tEMERGENCY MANGVMuuicipab6es CARES ActfntaiocW\MunicipalitiesTiamontlCARES Act Suhrecipiew Agrxanem_C►em ont 8-28- 20.doex INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT IN WITNESS WHEREOF, the parties through their duly authorized representatives have signed this agreement on the date under each signature. ATTE 4 Tracy Ackro d Howe, MMC App o orm and le ality: City Attorney-DMj C t_ +v1AN rzA RkS ATTEST, of Lake Approved as to form and legality: Melanie Marsh County Attorney ■ I .� ►�fI _ I� / Mayor BOARD OF COUNTY COIyBIISSIONERS LAKE COUNTY, FLORIDA } Leslie eampione, Chairman This 21�day of 2020. 10 SMOCUMENI120MEMERGENCY MANGNMunicipalities CARES Act Interlocal\Municipalitics\CknnootICARES Act Subrecipient Ageement_Clcrmont_8-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT EXHIBIT A: FUNDING AGREEMENT Agreement Number. Y2267 CARES ACT FUNDING AGREEMENT THIS AGREEMENT Is entered Into by the State of Florida, Divlslon of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division" or'Reciptent"), and Lake County (hereinafter referred to as the'CounV or "Subrecipienr"). This agreement Is entered into based on the following representations: A. The Subredpient represents thaf it Is fully qualifled and eligible to receive this funding for the purposes identtlied herein, and B. The Division has received these funds from the U.S. Department of Treasury through the State of Florida'and has the authority to dskibute these funds to the Subredpient upon the terms and conditions below, and C. The Division has statutory aLWx ty to dlsbume* the funds under this Agreement. D. The CARES Act, section 601(d) of the Social Security Act, created the Comnavirus Relief Fund (CRF) and provided Florida with $8,328,221,072; 55% of which was allocated to the State of Florida and 45% was allocated to counties. E. The United States Department of the Treasury disbursed$2,472,413,692 of these funds directly to counties with a population In excess of 500,000. F. A remaining balance of $1,275,285,790 was reverted to the State of Florida from the local government allocation, for the State to disburse to counties with populations less than 500,000. Therefore, the Division and the Subredplerd agree to the following: (1) {,M. RULES. REGULATIONS. AND POLICIES a. Performance under this Agreement Is subject to 2 C.F.R Part 2W, entitled 'Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awtlrds " b. As required by section 216.071(1), Florida Statutes, this Agreement Includes: I. A provision specVng a scope of work that clearly establishes the leerys that the Reciplertt Is required to perform. 11. A pmvislon dividing the agreement Into quantifiable units of dellverabtea that must be received and sosepted In writing by the Division before payment or reimbursement Each deliverable must be dkedly related to the scope of work and specify the required mkilmum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. Ill. A provision specifying the financial consequences that apply if the Subreciplent falls to perform the minimum level of service required by the agreement. Iv. A provision spedtying that the Subreciptent may expand funds only for allowable costs resulting from obligations insured during the specified agreement period. v. A pmvislon spadfying that any balance of uriobHgated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that arty funds paid In a mess of the amount to which the Redplent Is entltted under the terns and conditbns of the agreement must be refunded to the Dlvlslon. c. In addition to the foregoing, the Subrecipient and the Division wig be govemed by all applicable State and Federal laws, rules and regulations, Including those Identified In Attachment S. Any express refenmoe in this Agreement to a particular statute, rule, or regulation In no way implies that no other statute, rule, or regulation applies. 11 S:IDOCUMEN7\20201EMERGENCY MANGIMwn cWities CARES Act InterlocallMuniciparitieslClermont\CARES Act Submipient Agreement Clermaat 5-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT (2) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Program Manager will be responsible for enforcing performance of this Agreement's terms and conditions and wig serve as the Division's liaison with the Subreciplent As part of hislher duties, the Program Manager for the Division will monitor and document Subrecipient performance. b. The Division's Program Manager for this Agreement Is: Sapp Division of Emerosncv Manaaemertt 2555 Shumard Oak Boulevard Taflahassee,, Florida 32399-2100 Telephone: (850) 815-4431 Errol: Wesiey.3app@emmyflorida.com The name and address of the representative of the RecdpWA responsible for the administration of this Agreement Is: Alison Mdeary Division of Emergency Management 25M Shumard Oak Blvd Telephone: 850-81544M Emalh AAinon.Md.eary@em.myWda.ctm d. In the event that different representatives or addresses are designated by either party after execution of this Agreement. notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terns and conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed In any number of counterparts, any one of which may be taken as an original. (5) MODIFICATION This agreement may not be mood. (6) PERIOD OF AGREEMENT This Agreement shall be effective on March 1. 2020 and shall end on December 30, 2020. unless terminated earlier In accordance with the pwAsions of Paragraph (15) TERMINATION. to accordance with section 215.971(1)(d), Florida Statutes, the Subrecipient may expend funds authortzed by this Agreement 'only for allowable costs resulting from obligations Incurred during the specific agreement period." m FUNDING a. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification In accordance with either Chapter 216, Florida Statutes, and the Florida Constitution. b. This Is a modified reimbursement agreement. The State, through the Division, will make an Initial disbursement to the county of 25% of the total amount allocated to the county according to the United States Department of the Treasury. Any additional amounts will be disbursed on a reimbursement basis. 12 S.00CUMENi12DMEMERGENCY MANGIMinicipalities CARES Act rnterlocaPMunicipalieesV—Icrm nt\CARES Act Snbmcipieat Agreement ClmnontS-2& 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT c. Subredpients may use payments for any expenses eligible under section 801(d) of the Social Security Act, specifically the Coronevirus Relief Fund and further oullned In US Treasury Guidance. Payments are not required to be used ss the source of funding of last resort d. The Division's Program Manager, as required by section 215.971(2Kc), Florida Statutes, WWI reconcile and verify all funds received against all funds expended during the period of agreement and produce a final reconciliation report. The final report must Identify any funds paid in excess of the expenditures incurred by the Subredpient. e. For the purposes of this Agreement, the term himproper payment means or Includes: 1. Any payment that should not have been made or that was made In an Incorrect amount (Including overpayments and underpayments) under statutory, contractual, admintstrative, or other legally applkable requirements. f. As required by the Reference Guide forState Expenditures, reimbursement for travel must be In accordance with section I11081, Florida Statutes, which includes submission of the claim on the approved state travel voucher. 9. Counties should provide funding to municipalities within that jurisdiction upon request for eligible expenditures under the CARES Act However, counties are responsible for the repayment of funds to the Division for expenditures that the Division or the Federal government determines are Ineligible under the CARES Act. h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses thatt— I. are necessary expenditures Incurred due to the public health emergency with respect to the Coronavlrus Disease 21119 (COVID-19); I. were not accounted for in the budget most recently approved as of March 27, 2020 (the dale of enactment of the CARES Act)for the State or government; and Ili. were Incurred during the period that begins on March 1, 2020 and ends on Deoembeir 30, 2020. Funds transferred to Subredpient must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of section 801(d) of the Social Sew* 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 801(d) of the Social Security Act. I. Examples of Eligible Expenses Include, but are not limited to; I. MsdW expenses 1. Public health expenses IL Payroll expenses for pubkc safety, public health, health care, human services, and similar employees whose services are scbstantialy dedicated to mitigating or respondkrg to the COVID-10 public health emergency. Iv. Expenses of actions to facilitate compliance with COVID-19 related public health measures. Y. Expenses associated with the provision of economic support In connection with the COVID-19 public health emergency. A. Any other COVID-19 — related expenses reasonably necessary to the function of government that satisfy the fhmd's eligibility criteria. a. (8) INVOKING a. In order to obtain reimbursement for expenditures In excess of the Initial 26% disbursement, the Subreclplent must Me with the division Grant Manager its request for reimbursement and any other Information required to Justify and support the payment request Payment requests must include a certification, signed by an official who is authorized to legally bind the Subrecipient, which reads as foibws: t httpslf home.bswury.govJsysteff0asl138/Coranovhus-Relief-Fund-Guidance for-State-Temkolisl- Local-arid-Trtbel-Govemments.pdf 13 S:,AOCUMENT120MEMERGEVCY MANG\Municipdities CARES Act hnterlocal\Municipalides.ClermonwARES Act Subrccipient Ag ean=t_Clermont 8-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT By sighting this report, I certify to the best of my knowledge and belief that the report fa true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth In the terms and conditions of the Federal award, I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to aiminal, dvu or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections $729-3730 and 3801-3812). b. Reimbursements will only be made for expenditures that the Division provisionally determines are eligible under the CARES Act. However, the Dhrision's provisional determination that an expenditure is eligible does not relieve the county of Its duty to repay the Division for any expanditures that are later determined by the Division or the Federal government to be Ineligible. (9) RECORDS a. Asa condition of recehdng state orfederalfirlancial assistance, and as required by sections 20.055(6xc) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subreclplert which are pertinent to this Agreement, In order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subredpient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term 'Submdplenr includes employees or agents, Including all subcontractors orconscdtants to be paid from funds provided under this Agreement. b. The Subrecipiant 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 Stets. Information regarding retention schedules can be obtained at: http:Udos.myrxxida.comf lbra"reNva/records-mnagamwflgenaml400Drds- schedukW. c. Florida's Government In the Sunshine Law (Section M.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (i) all meetings of public boards or commissions must be open to the public; (2) reasonable rodoo of such meetings must be given; and, (3) minutes of the meetings must be fatten and promptly recorded. d. Florida's Public Records Law provides a right of access to the records of the slate 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 retained by a governmental agency (or a private entity acting an behalf of such an agency) in conjurictlon 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 SUBRECIPFENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 8154158, Rmmrds@em.myAorloa.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. 14 SM)OCUMENT -MMEMERGENCY MANGManicipalities CARES Act b,terlocallMwdcipalitieslClctmant\CARES Act Submcipient Agm=err Omwat_&28- 2o.do« 1NTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT (10)AUDITS a. In accounting for the recut and expenditure of funds under this Agreement, the Subrecipient must follow Generally Accepted Accounting Princliples ("GAAP"). As defined by 2 C.F.R §20OA9,'GAAP has the meaning specified In accounting standards issued by the Government Accounting Standards Board (GASH) and the Financial Accounting Standards Board (FASB).' b. When conducting an audit of the SubrecIoienft performance under this Agreement, the Division must use Generally Accepted Government Auditing Standards ("GAGAS`). As defined by 2 C.F.R. §200.60. "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 orany portion of the funds disbursed were not spent in accordance with the conditions of and strict compliance with this Agreement, the Subrecipient will be held (table for reimbursement to the DIvIsion of all funds not spent In accordance with these applicable regulations and Agreement pnnAalons within thirty (30) days after the Division has notified the Sutxeclplent of such non-compliance. d. The Subrecipient must have air audits completed by an Independent auditor, which is defined In section 215.97(2)(I) Florida Statutes, as 'an Independent certffled public accountant licensed under chapter 473.' The Independent auditor must state that the audit compiled with the applicable provisions noted above. The audits must be received by the Division no later than nine months from the end of the Subrecipienfa fiscal year. e. The Subrecipient must send copies of reporting packages required under this paragraph directly to each of the folimft: L The Division of Emergency Management DEMSlngIe-Mdft@em.myflodda.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee. Florida 32399-2100 The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the related provisions of the Unfform Guidance. (11)REPORTS a. The Subreciplent must provide the Division with quarterly reports and a close-out report These reports must Include the currant status and progresa of the expenditure of funds under this Agreement, in addition to any other information requested by the Division. 15 S:\DOCUME4712020\EMERGENCY MANG\Muni6pahties CARES Act totalnceAMunicipaliticiC]emow\CARES Act Subrecipicat Agreement C1arMow_8-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and must be sent each quarter untli submission of the administrative dose -out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. The first quarterly report due pursuant to this agreement is due for the quarter ending September 30, 2020. c. The dose -out report is due sixty (60) days after termination of ffas Agreement or 60 days after completion of the activities contained In this Agreement, whichever occurs first d. if all required reports and copies are riot sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (15) REMEDIES. 'Acceptable to the Division" means that the work product was completed In accordance with the Budget and Scope of work. a. The Subredpient must provide additional program updates or Information that may be required by tine Division. (121hELWORING In addition to reviews of audits conducted In accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, one visits by Division staff, lmited scope audits, or other procedures. The Sul lent agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Subreciplent Is appropriate, the Subredplent agrees to comply with any additional instructions provided by the Diviskmto the Subredplent regarding such audit. The Subrecipleht further agrees to comply and cooperate with any Inspections, reviews, Investigations or audits deemed necessaryby the Florida ChWIFInanclal Ofikreror Auditor General. In addition, the Division will monttor the performance and financial managemera by the Subredpient throughout the period of agreement to ensure timely completion of all tasks. (13)LIABA..ffY Any Subredplent which Is a state agency or subdivision, as defined In section 788.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious ads or omissions which result In claims or suite against the Division, and agrees to be tlaA for any damages proximatelycaused 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 partyto 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)DEFAULT a. If any of the following events occur ("Events of Defautt'X all obligations on the part of the Dlvlslon to make further payment of funds will, K the Division elects, terminate and the Division has the option to exercise any of its remedies set forth In Paragraph (15) REMEDIES. However, the Division may make payments or partial payments alter any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make wry further payment b. if any warranty or representation made by the Subredplent In this Agreement or any previous eg eement with the Division Is or becomes false or misleading in any respect, or If the Subradpient falls to keep or perform any of the obligations, terms or covenants in this 16 SADOCUMENIti2020VUERGENCY MANGIAluuicipaiities CARES Act IntedocaltMunicipaiitiesTfoxmontWARES Act Submcipient Agent Clcnnoat_8-28- 20.docz INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT Agreement or any previous agreement with the Division and has not cured them In timely fashion, -or In unable or unwilling to meet Its obligations under this Agreement; If material adverse changes occur In the financial condition of the Subredplent at any time during the period of agreement, and the Subreciplent fags to cure this adverse change within thirty (30) days from the dete written notice Is sent by fie Division. if any reports required by file Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or Insur}ilotent information; if the Subreciplent has failed to perform and complete on time any of Its obligations under this Agreement (15)REMEDIES if an Event of Default occurs, then the Division may, after thirty (30) calendar days written notice to the Subreciplent and upon the Subrecipienra failure to a" within time thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutdvety: a. Terminate this Agreement, provided that the Subreclpient In given at least thirty (30) days prior written notice of the termination. The notice shag be effective when placed in the United States, first class mail, postage prepaid, by registered orcertitted mail -return receipt requested, to the address In paragraph (2) CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or arty part of a request for payment; d. Require that the Subredplentrefund to the Division any monies used forfneggibte purposes under the laws, rules and regulations governing the use of these funds. a. Exercise any corrective or remedial actions, to include but riot be limited to: t. request additional formation from the Subredplent to determine the reasons for or the extent of non-compliance or lack of performance, I. Issue a written waming"b advise that more serious measures may be taken IFthe s&mtloh Is not corrected, Ill. advise the Subreciplent to suspend, discontinue or refrah from Incurring costs for any activldes In question, Iv. require the Subrecipient to reimburse the Division for the amount of costs hwrad for any items determined to be Ineligible, or v. request the Department of Revenue to withhold from any future payment due to the county under the Revenue Sharing Art of 1gn deskxlbed In Part 11 or Chapter 218, Florida Statutes, or the Participation In Half Cent Safes Tax Proceeds desaibed in Part IV of Chapter 218, Florida Statutes, an amount equal to any repayment due to the Division under this Agreement. f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies wig not stop the Dlvlalon from pursuing any other remedies In this Agreement or provided at few or in equity. If the Division waives any right or remedy in Oft Agreement or fags to Insist an strict performance by the Subredpiard, lt will not affect, extend or waive any other right or remedy of the Division, or affect the later exerdse of the same right or remedy by the Division for any other default by the Subradptent. (18)7ERMIN; m a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can Include misuse of funds, fraud, lack of compliance with appIcalble rules, laws and regulations, failure to perform an time, and refusal by the Subredpient to permit public aoCess to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Division of Emergency Management Statutes, as amended. b. The Division may terminate this Agreement far convenience or when it detertni has, In Its sole discretion, that coMinukrg the Agreement would not produce beneficial results In line 17 SMOCUMEN7UGMEMERGENCY MANG'Minicipalities CARES Act latalocal\Mmdcipalities%CletmonWARES Act Subrecipient Agcemert_Clermowt -28- 20.d= INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT with the tlurther expenditure of funds, by providing the Subreciplent with thirty (30) calendar days prior written notice. 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 or the termination and the procedures for proper closeout of this Agreement. In the event this Agreement is terminated, the Subreciplent will not Incur now obligations for the terminated portion of this Agreement after they have received the notification of termiroatlon. The Subreclpient will cancel as many outstanding obligations as possible. Coate Incurred after receipt of the termination notice will be disallowed. The Subreciplent will not be relieved of Hal ty to the Division because of any breach of this Agreement by the SubrecipfanL The DI*Ion may, to the extent authorized by la% wf *xM payments to the Subreclplent for the purpose of set-off until the exact amount of damages due the DlvIslon from the Subreolplent is determined. (17)ATTACHEMEN7 S a. All attachments to this Agreement are Incorporated as if set out fatty. b. In the event of any Inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments will control, butorty to the extent of the conflict or Inconsistency. (18)PAYMENTS a. The State of Florida, through the Division, will make a disbursement of each County govemment's allocation as calculated by the United States Department of the Treasury. Funding for Lain County is In the amount of $11LQ14.815.80. (19�EPAYMENTS a. All refunds, return of Improper payments, or repayments due to the Division under this Agreement are to be made payable to the outer of'Divlslon of Emergency Management," and matted directly to the fallowing address: Dtviston or Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with section 2%34(2j, Florida Stat rtm N e check or other draft is returned to the Division for collection, Subrecipient shall pay the DlvIsin a swoice fee of $15.00 or 5% of the face amount of the rntumed check or draft, whichever is greater. (2ui)MANDATED CONDITIONS AND OTHER LAWS a. The vafidlty of this Agreement is subject to the truth oral accuracy of all the Information, representatlons, and materials submitted or provided by the Subreciplent in this Agreement, In any later submission or response to a Division request, or In any submission or response to fulfill the requirements of We AgreemenL All of said IMornation, repreeentatloons, and materials Is Incorporated by referernce. The Inaccuracy of the submission or arty material changes YAM, at the option of the Division and with thirty (30) days written notice to the SuW* dpWA cause the termination of this Agreement mid the release of the Division fbm ail its obligations to the Subreciplent. b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement wig be in the Circuit Court of Leon County. If any 18 S:IDOCUNIENT\2020NEMERGENCY MANGIMunicipa Wes CARES Act lntertocW%funicipalitic&\Clemont\CARES Acs Submeipient Agreement_Crermont &-25- 2o.aocx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUIv"ICIPAL FUNDING CITY OF CLERMONT provision of this Agreement is In conflict with any applicable statute or rude, or is unenforceable, then the provision Is null and void to the extent of the cordiict, and Is severable, but does not Invalidate any other provision of this Agreement. c. Any power of approval or dleapproval granted to the Division under the terms of this Agreement will survive the term of tints Agreement. d. This Agreement may be executed in arty number of counterparts, arry one of which may be taken as an orfgirel. e. The Subreciphent agrees to comply with the Americans With Disabilities Act (Public Law 101,M% 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entitles on the basis of disab9ily in employment, public accommodations, transportation, State and kxal government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or an 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, supplter, subcontractor, or consultant under a contract with a public entity, and may not transact business with any publio entity in excess of $25,000.00 for a period of thirty-six (38) months from the date of being placed on the convicted vendor list or on the discriminatory vendor Ilst. g. The Slate of Florloa's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification In accordance with Chapter 216, Florida Statutes, or the Florida Constitution. h. AN 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. 1. Any bills for travel expenses must be submitted In accordance with sealon 112.081, Florida Statutes. j. The Division reserves the right to unilaterally cancel this Agreement 0 the Subrecipient refuses to allow public scows to all documents, papers, letters or other material subject to the provisions of Chapter 110, Florida Statutes, which the Subredpfant created or received under this Agreement k. If the Subreciplert 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 expenditums incurred In accordance with section 801(d) of the Social SeaxllyAct and the Guidance on eligible expenses. N 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 State of Florida will not Intentionally award pubildy-tunded contracts to any contractor who knowingly employs unauthorized alien workers, wristituting a violation of the employment •provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of fhe Immigration and Nationality Act (11W)). The Division shall consider the employment by any contractor'of unauthorized allens a violation of Section 274A(e) of the Hit Such violation by the Suluecipfent of the employment provisions contained In Section 274A(e) of the INA will be grounds for unilateral cancellation of this Agreement by the Division. I. The Subredpient Is sub to Florida's Government In the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Subreciplent s governing board or the meetings of any subcommittee mefdng recommendations to the governing board. All of these meetings must be publicly noticed, open to the public, and the minutes of ail the meetings will be public records, avallabie to the public In accordance with Chapter 119, Florloa Statutes. 19 S:WCUMEN'1120201EMERGENCY MANG1Municipalities CARES Actlntvtocal%M,miapahtiesUeFinant\CARES Act Sulmcipient Agcemem_germont_8-28- 20.doc INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING, CITY OF CLERMONT m. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and regulations; applicable to expenditures of State funds, Including but not limited to, the* Reference Guide for State Expenditures, n. This Agreement may be charged only with allowable coats resulting from obligations Incurred during the period of agreement o. Any balances of unobllgated cash that have been advanced or paid that are not authorized th be retained for direct program costa In a subsequent period must be refunded to the Division. p, If the purchase of the asset was consistent with the limitations on the eligible use of Jim& provided by section 601(d) of the Social Security Act, the Subreciplent 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. (21)LOBBYING PROHISTION, a. Section 216.347, Florida Statutes, prohibits 'any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the)udldal branch. or a state agency,` b. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to Inftuerroe legislation or any other official action by the Florida Legislature or any state agency. m 2 C.F.R §200.450 prohibits reimbursement for costs associated with certain lobbying activities. d. SerdPon 216.347, Florida Statutes, prohibits "any. disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch. or a state agency.' e. No funds or offm resources received from the Division under this Agreement may be used directly or Indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. I. The Subreciplent certtlles, by its signature to this Agreement, that tD the best of his or her knowledge and beW. I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subre (plant, to arty person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any caoperetive agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, ban or cooperative agreement. it. If any finds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Nuance an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrredplent must complete and submit Standard Form-LLL, "Disclosure of Lobbying Adiviities.' Iv, The Subrecipient must require that this certification be Included in the award documents for all subawards (Including subcontracts, subgrants, and contracts under grants, l)ans, and cooperative agreements) and that all Subrecipient a shall cartify and dfecloea. v. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for mating or entering Into this transaction Imposed 10 20 SMOCUMEN112MEMERGENCY MANGWmicipaGties CARES Act InterlocallMunicipaMcslClemwnWARES Act Sdrecipimt Aptcment_Clennont 9-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT by Section 13M, Title 31, U.S. Code. Any person who falls to fie the required certification shall be subject to a deli penalty of not less than $10,000 and not more than $100,000 for each such failure. (22)LEGALAL AUTHORIZATION The Subredpient 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 Subredplent also certifies that the urxlerslgned person has the authority to legally execute and bind the Suteeciplent to the terms of this Agreement. (23)ASSURANCES The Subredptent must comply with any Statement of Assurances Incorporated as Attachment C. (24) gUAL OPPORTUNITY EMPLOYMENT a.. in accordance with 41 C.F.R. §60-1.4(b), the Sutxeclpierd hereby agrees that it wlfi Incorporate or cause to be Incorporated Into any contract for construction work, or modification thereof, as defined In the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for In whole or In part with funds obtained from the Federal Government or borrowed an the credit of the Federal Government pursuant to a grant, contract, loan, Insurance, or guarantee, or undertaken pursuant to any Federal program Involving such grant, contract, loan, Insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, rNlglom sex, sexual oierdatlan, gander Identity, or national origin. The contractor will take afsmattve anion In ensure that applicants are employed, and that employees we treated during employment without regard to their race, color, religion, sex, sexual orientation, gender ksntlty, or national aVm Such action shall include, but not be limited to the following: 1. Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forma of compensation; and selection for training, including apprenticeship. The contractor agrees to Post In conspicuous places, avaiable to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. II. The contractor will, In all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all quailed applicants will receive consklerafiions for employment without regard to race, color, rellgiom sex, sexual orientation, gender identity, or national or1gIn. NI. The contractor will not discharge or In any other manner discriminate against any employee or applicant for employment because such employee or applicant has fnquW about, discussed, or dledomW the compensation of the employee or applicant or another employee or applicant. This providon shall not apply to Instances In which an employee who has access to the compensation Information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or sppllants to Individuals who do not otherwise have access to such Information, unless such croc mre is In response to a formal cor4*&d or charge, in furtherance of an Investigation, proceeding, hearing, or action, Including an Investigation conducted by the employer, or Is consistent with the contractor's legal duty to famish Information. 11 21 SMOCUMEN1120MEMERGENFCY MANOWunicipalitics CARES Act InurlocallMumcipalitiesTIcrmomlCARES Act Subre*ern Ag wmmt_Ciumont_8-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT Iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the conbs"s commitments under this section, and shall post copies of the notice in conspicuous places ovellable to employees and appticante for employment. v. The contractor will comply with ell provisions of Executive Order 11246 of September 24, 1906, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The conbacooi will furnlsh all Information and reports required by Executive Order 11246 of September 24, INS, and by rules, regulations, and orders of the Secretary of Labor, or pursuard thereto, end will permit access to jls books, records, and accourds by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. A In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineilgibie for further Government contracts or federally assisted construction contracts In accordance with procedures authorized In Executive Order 11246 of September 24, 1 M, and such other sanctions may be Imposed and remedies Invoked as provided in Executive Order 11246 of September 24,1986, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vil. The contractor will Include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) In every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor Issued pursuant to section 204 of Executive Order 11246 of September 24,1966, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that In the event a contractor becomes Involved In, or is threatened with, litigation with a subcontractor or vendor as a result of such direction.by the administering agency the contractor may request the United States to enter Into such litigation to protect the Interests of the United States. (25)COPELAND ANTWICKBACK ACT a. The Subreclpiient hereby agrees that, unless exempt under Federal law, It will Incorporate or cause to be Incorporated Into any contract for construction worts, or modification thereof, the following cdause: L Contractor. The contractor shall comply with 18 U.S.C. § $74, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contrad 11. Subcontracts. The contractor or subcontractor shall Insert In any subcontracts the clause above and such other douses as the FEMA may by appropriate Instructions require, and also a clause requiring the subcont aclors to Include these clauses In any tower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. u 22 S:00CUMEN7120MEMERGENCY MANG MtEd ipalities CARES Act ►derloca Mtu icipalitics\ClmmontlCARES Act Subrecipienc Ag=meet Clamour &28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT lii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided In 29 C.F.R. § 6.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS if the Subrecipient , with the funds authorized by this Agreement, enters Into a contract that exceeds $100,000 and Involves the employment of mechanics or laborers, then any such contact must Include a provision for compliance with 40 U.S.C. 3702 and $704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mecMnic and laborer on the basis of a standard work week bf 40 hours. Work In excess of the standard work week Is permissible provided that the worker is compensated at a rate of not lose than one and a half times the basic rate of pay for all totes worked In excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. If the Subred*nl, with the funds authorized by this Agreement, enters Into a contract that exceeds $150,000, then•arry such contract must Include the following pmvWm: I. Contractor agrees to comply with all applicable standards, orders or regulations Issued pursuant to the Clean Air Act (42 U.S.C, 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C.1251-1387), and wAl report viofaWm to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (28)SUSPENSiON AND DEBARMEHI a. K the Subrecipient, with the funds authorized by this Agreement, enters Into a contract, Ow any such contract must include the followb g provlsbns: I. This contract is a covered transaction for purposes of 2 C.F.R. pl. 180 and 2 C.F.R. pt 3000. As such the contractor Is required to verify that tone of the contractor, Its principals (defined at 2 C.F.R. § 180.996), or Its aiiAlates (defined at 2 C.F.R. § 180.906) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.036). It, The contractor must comply wfih 2 C.F.R. pt. 18% subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regolatlors in any lower tieroovered transaction h enters Into. AI. This certification is a material representation of fad railed upon by the Dlvtsion. ff it is later determined that the contractor did not comply with 2 C.F.R. pt 180, subpart C and 2 C.F.R. pt 3000, subpart C, In addition to remedies avallable to the Division, the Federal Govemment may puraue available remedies, including but not limited to suspension "or debarment. Iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt 180, subpart C and 2 C.F.R. pt 3000, subpart C while this oft is mild and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to lndude a provision requiring such compliance in Its lower tier covered Wmellons. 13 23 SMOCUMENT0020\EMERGENCY MANG1Mimicipaliues CARES Act Interloca]\MunicipeliticsTiermont%CARES Act Subraipiatt Agm=cnt_C1ermoot_8-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT If the Subredptent, with the funds authortzed by this Agreement, enters Into a contract, then any such contract must include the following clause. 1. Byrd Ardi-Lobbying Amendment, 31 U.S.C. § 1352 (ae amended). Contractors who apply or bid for an award of $100,000 or more shall file the reeked c ortlilcation. Each tier certHles to the ter above that $ will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to Influence an uMcer or employee of any agency, a member of Congress, after or employee of Congress, or an employee of a member or Co ress In connection with obtaWng any Federal contract, grand, or any other award covered by 31 U.S.C. § 1362. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disolosurss are forwarded from tier to ter up to the Subreciptent. following aftkmative a" to assure that minority businesses, women's business enterprises, and labor surplus area firma are used whenever possible; 1. Placing qualified small and minority businesses and woman's business enterprises on solicitation lists; Ii. Assuring that small and mkx tty businesses, and women's business enterprises are solkx%d whenever they are potential sources; Ili. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority buslnesses, and women's business enterprises; Iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women'e business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Adminish don and the Minority Business Development Agency of The Department d Commerce; and vi. Requiring the prime contractor, If subcontracts we to be let, to take the affirmative steps listed In paragraphs (1). through v. of this subparagraph. The requirement outlined In subparagraph a above, sometimes referred to as 'saloeconomic contracting,` does not impose an cbllgatlar to set aside either the solicitation- or award of a contract to these types of firms. bather, the requirement only Imposedan obligation to carry out and document the six aMmotive steps Identified above. The 'soclosconomk contracting' requirement outlines the affirmative steps that the Subrecipient must take; the requirements do not preclude Me Subreciplent from undertaking additional steps to Involve small and minority businesses and women's business enterprises. The requirement to divide total requirements, when economically feasible, Into smaller tasks or quantities to permit maximum participation by'small and mirrortty businesses, and women's business enterprises, does not authorize the Subrecipient to break a single project down into smaller components In order to circumvent the mlaro-purchase or small purchase thresholds so as to htltze streamlined acquistilon procedures (e g• 'project spiitthhg'). 14 24 SMOCUMENT120MEMERGENCY MANGNuiddpalities CARES Act]ntedocaRMunicipalitiesTlemiamtCARFS Act Subredpiew Apecmeq_Ciermont_8-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT SUB -RECIPIENT - BY. See Lake County signature block below Name.and title: Date: FI®# STATE OF FLORIDA ©MION OF EMERGENCY MANAGEMENT BY Name and We Date: ATTEST: Board ty CommisRoaers of Lake Couhty, Florida Approved as to form and legality: Melanie Match, County Attorney BOARD Of COUNTY COl IN&I OF LAKE COUNTY, FLORIDA Leslie Campine, Chaknian This edayof ste< .zm SS 25 S:\DOCUMENT120201EMERGENCY MANGWmkipalities CARES Act lnterlom MunicipalitiesiCletmomtCARES Act Subredpient Agreement Cte=ovt8-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT EXHIBIT 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SEC 19N 216.97. FLORIDA STATUTES: State Project — State awarding agency Florida 010 lon of Emergency Mama meet Catalog of State Finuidal Assistance Title: Catalog of State Flnendal Assistance Number: 16 26 S: MUMENM2020TMERGENCY MANGWunicipalities CARB Act tntmiocallMmiicipalitieslCletmont\CARES Act Submcipieet Agrcemem Clrrmo>rt_&2& 20.dam INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT Aftachmerrt A CARES ACT CORONAVIRLIS RELIEF FUND ELIGI®If.ITY CERTIFICATION I, , am the Authorized Agent of Lake County County ('County") and I certify that: 1.1 have the authority on behalf of County to request grant payments from the State of Florida ("State") for federal funds appropriated pursuant to section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Reiief, and Economic Security Act, Pub. L No.116-136, div. A, Tittle Y (Mar. 27, 2020). 2.1 understand that the State will rely on this certification as a material represerAation in making grant payments to the County. 3.1 acknowledge that County 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. 4.1 acknowledge that all records and expenditures are subject to audit by the United States Department of Treasury's Inspector General, the Florida Division of Emergency Management, and the Florida State Auditor General, or designee. S. I acknowledge that County has an affirmative obligation to Identify and report any duplication of benefits. I understand that the State has an obligation and the authority to deobiigate or offset any duplicated benefits. 6.1 acknowledge and agree that County shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received. 7.1 acknowledge that if County has not used funds It has received to cover casts that were Incurred by December 30, 2020, as required by the statute, those funds must be returned to the United States Department of the Treasury. & I acknowledge that the County's proposed uses of the funds provided as grant payments from the State 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 dive to the public health emergency and govemces 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 County, and c. were Incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. 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 anal the date neted below. Ety: Sae Lake County signature block below _ Name and tide: Date: BOARD OF COUNTY COhOMSIONERS OF LAKE COUNTY, FLORIDA Approved as to form &red legality: NA-1, i-y Malanie Mash 17 County Altomey 27 S:,D000MENI\2020MMMGENCY MANG`_'Numcipalides CARES Act InterlocaflMunidpalitieslClemtontlCARES Act Suh=ipient Agreement Clwmant_8-28- 20.docx IiNTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARDS ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT Attachment A - CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned sub-redpient, Lake County, certifies, to the best of his or her knowledge that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or .employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employes of arri agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form — LI.L, "Disclosure Form to Report Lobbying," in accordance with Its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreclplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was trade or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by 31 U.S.C. Sec.1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,d106 and not more than S180,9W for each such failure, The sub-redpient, Lake Countycertifies or affirms the truthfulness and accuracy of each statement of its certificatlon and disclosure, if any. In addition, sub-redpient understands and agrees that the provisions of 311i.5.C. Sec. 3W1 etsey apply to his certification and disclosure, if any. ley: See Lake County mature block below Name and tide: Date: STATE OF FLORIDA ®VISION OF EMERGENCY MANAGEMENT Name and tide Date: ATTEST: BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY. FLORIDA - Garyl.0 .i t, •,ail- c p1U �11MM Board of ty Commini of Lake C Florida `• r tea, Ta s , ay of :d+ts� .2030. AppmveJd as to soot and legality: -M-1-I i T!w•1yk. 18 Melanie Marsh County Attorney 28 S.MOCUMENT1202MEMERCENCY MANG1Muaicipalities CARES Act InterlocaPMtmicipaliti=lCL-rmomtlCARES Act Subrecipieot Agtetmcffi_C1etrmont_8-28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT AttwJwnertt B PROGRAM STATUTES AND REGULATIONS 42 USC 601(d) CARES Act Creation of the Coronavha Relief Fund (CRF) Section 21&422, Florida Statutes Payments, warrants, and Invoices, processing time limits, dispute limitation, agency or Judicial branch compliance Section 21 b.971, Florida Statutes Agrmrents funded with federal and state assistance Section 216.347, Florida Statutes. Disbursement of grant and aids appropriations for lobbying CFO MEMORANDUM NO. 04(200&W) Compliance Requlremertts for Agreements 19 29 SMOCUMEN7120MB4ERGENCY MANGWunicipalities CARES Act Interloca11Mmiicipalities\Clermont\CARES Av Subrecipient Agmement_Clcmavt &28- 20.docx INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING CITY OF CLERMONT EXHIBIT B: SPEND PLAN (To he attached after State FDEM approval received) 30 SMOCUMENT\20201EMERGEVCY MANGVNimicipalities CARES Act IntalocaPMiuticipelitiesWiamout\CARES Act Subredpi®t Agxmerr�.Cle mont_8-28- 20.docx Diana Johnson Deputy County Attorney dmjohnson@lokecountyfl.gov October 7, 2020 LXRE CO_U_NTY _FL REAL FLORIOA • REAL CLOSE County Attorney's Office Melanie Marsh* County Attorney mmorsh@lokecountyfl.gov *Board Certification in City, County and Local Government Law *SEE DISTRIBUTION LIST ATTACHED * Nicole Blumenauer Assistant County Attorney nblumenauer@lakecountyfl.gov RE: Interlocal Agreement for Disbursement of CARES Act Funds (Municipal Funding) To Whom it may concern: Enclosed for your records, please find an original of the above referenced Agreement pertaining to your municipality. The Exhibit B: Spend Plans are still pending approval by the State. Once approval is received, you will be provided a copy for including with the Agreement. Should you have any questions concerning this, please feel free to contact our office. Sincerely, ova Atkinson Paralegal 0036.012 Enclosures P.O. Box 7800 • 315 W. Main St., Suite 335 * Tavares, FL 32778 • P 352-343-9787 • F 352-343-9646 Board of County Commissioners • www.lakecountyfl.gov Timothy I. Sullivan Sean M. Parks, AICP, OEP Wendy R. Breeden Leslie Campione Josh Blake District 1 District 2 District 3 District 4 District 5 DISTRIBUTION LIST Town of Astatula Attn: Graham Wells, Town Clerk P.O. Box 25019 CR 561 Astatula, Florida 34705-0609 City of Clermont Attn: Tracy Ackroyd Howe, City Clerk 685 West Montrose Street Clermont, Florida 34712-0219 City of Eustis Attn: Mary Montez, City Clerk P.O. Drawer 68 10 North Grove Street Eustis, Florida 32727-0068 City of Fruitland Park Attn: Esther B. Coulson, City Clerk 506 West Berckman Street Fruitland Park, Florida 34731-3239 Town of Lady Lake Attn: Kristen Kollgaard, Town Manager 409 Fennell Boulevard Lady Lake, Florida 32159-3158 City of Leesburg Attn: J. Andi Purvis, City Clerk Post Office Box 490630 501 West Meadow Street Leesburg, Florida 34749-0630 City of Mascotte Attn: Michelle Hawkins, City Clerk 100 East Myers Boulevard Mascotte, Florida 34753-0056 City of Minneola Attn: Christina Stidham, City Clerk Post Office 678 Minneola, Florida 34755-0678 Town of Montverde Attn: Brenda Brasher, Town Clerk Post Office Box 560008 Montverde, Florida 34756-0008 City of Mount Dora Gwen Johns, City Clerk 510 N. Baker St. Mount Dora, Florida 32757 City of Tavares Attn: Susie Novack, City Clerk Post Office Box 1068 201 East Main Street Tavares, Florida 32778-1068