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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.
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INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING
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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.
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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.
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INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING
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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.
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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
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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
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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.
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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.
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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.
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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.
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(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.
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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
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S:,AOCUMENT120MEMERGEVCY MANG\Municipdities CARES Act hnterlocal\Municipalides.ClermonwARES Act Subrccipient Ag ean=t_Clermont 8-28-
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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.
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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.
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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
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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
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INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING
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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
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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.
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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
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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.
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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
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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.
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INTERLOCAL AGREEMENT FOR DISBURSEMENT OF CARES ACT FUNDS FOR MUNICIPAL FUNDING
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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').
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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
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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
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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
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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
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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
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CITY OF CLERMONT
EXHIBIT B: SPEND PLAN
(To he attached after State FDEM approval received)
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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
