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WHEREAS, the Treasury has also released Frequently Asked Questions pertaining to the CRF ("CRF <br />FAQ"), which was most recently updated on July 8, 2020, and a copy of which is attached to this Agreement <br />as Exhibit 2 and incorporated herein; and <br />WHEREAS, the CRF FAQ provides that CRF payments made by the Treasury to State, territorial, <br />local, and Tribal governments are considered "other financial assistance" under 2 Code of Federal Regulations <br />(C.F.R.) § 200.40; and <br />WHEREAS, the CRF FAQ further provides that a county receiving CRF payments may, but is not <br />required to, transfer CRF funds to smaller cities within the county's borders, provided that the transferred <br />funds are used by the cities for eligible expenditures under Section 601(a) of the Social Security Act as <br />implemented in the CRF Guidance; and <br />WHEREAS, 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal <br />Agreement, including an Agreement that the County considers a contract"; and <br />WHEREAS, at the August 4, 2020 Special Meeting of the Miami -Dade Board of County <br />Commissioners (the "Board"), the Board allocated a total of not -to -exceed $100,000,000 in CARES Act funds <br />to the municipalities in the County as follows: $75,000,000 for reimbursement of FEMA local match eligible <br />expenditures as well as CARES Act eligible governmental operations expenditures that are not FEMA <br />reimbursable, and $25,000,000 for municipal programmatic proposals subject to approval in advance by the <br />Board; and <br />WHEREAS, the primary purpose of this Agreement is to ensure the effective and timely dissemination <br />of CRF dollars to reimburse the Municipality for such eligible expenditures, as permitted by Section 601(a) of <br />the Social Security Act as implemented in the CRF Guidance and FAQ, and as authorized by the Board; and <br />WHEREAS, this Agreement is not a legal requirement of the Treasury, but rather is a voluntary <br />Agreement to provide funding to the Municipality if all conditions are met to enable the County to remain in <br />compliance with the Treasury's Office of Inspector General's memoranda and subsequent addenda regarding <br />CRF Monitoring, Reporting and Record Retention Requirements (the "Treasury OIG Memoranda"), copies of <br />which are attached to this Agreement as Exhibit 3 and 3-1, and incorporated herein, <br />NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the <br />Parties agree as follows: <br />Page 2 of 17 <br />