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Reso 2021-3235
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Reso 2021-3235
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Last modified
9/23/2021 9:35:38 AM
Creation date
9/22/2021 4:15:07 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3235
Date (mm/dd/yyyy)
09/14/2021
Description
Approving the American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement with the FL Division of Emergency Management.
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OEM <br />Office of the Inspector General <br />2555 Shumard Oak Boulevard <br />Tallahassee, Florida 32399-2100 <br />The Auditor General <br />Room 401, Claude Pepper Building <br />111 West Madison Street <br />Tallahassee, Florida 32399-1450 <br />f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the <br />related provisions of the Uniform Guidance. <br />(10) REPORTS <br />a. The Recipient must provide the Secretary with periodic reports providing a detailed accounting of the uses of <br />such funds by such non -entitlement unit of local government including such other information as the Secretary <br />may require for administration of the Coronavirus Local Fiscal Recovery Fund. Concurrently, Recipients must <br />provide to the Division a copy of the report given to the Secretary. <br />b. Failure by Recipient to submit all required reports and copies may result in the Division's withholding of further <br />payments until all such documents are submitted to the Division and deemed to be satisfactory. <br />c. The Recipient must provide additional program updates or information if requested by the Division. <br />(11) LIABILITY. <br />Any Recipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees <br />to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the <br />Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent <br />set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign <br />immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a <br />state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this <br />Agreement. <br />(12) TERMINATION <br />a. The Division may terminate this Agreement immediately for cause upon written notice to Recipient. Cause <br />includes, but is not limited to, misuse of funds, fraud, non-compliance with ARPA, Treasury Guidance, or other <br />applicable rules, laws and regulations, or failure by the Recipient to afford timely public access to any <br />document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes. <br />b. The Division may terminate this Agreement for convenience upon thirty (30) days' prior written notice to <br />Recipient. <br />c. In the event this Agreement is terminated, the Recipient must not incur new obligations for the terminated <br />portion of this Agreement after it has received the notification of termination. The Recipient must cancel as <br />many outstanding obligations as possible. Obligations incurred after receipt of the termination notice will be <br />disallowed. The Recipient will not be relieved of liability to the Division because of any breach of this <br />Agreement by the Recipient. The Division may, if and to the extent permitted by ARPA and Treasury <br />Guidance, withhold payments to the Recipient for the purpose of set-off until the exact amount due the Division <br />from the Recipient is determined and resolved. <br />(13) MISCELLANEOUS <br />a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and <br />materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a <br />Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said <br />information, representations, and materials is incorporated by reference. The inaccuracy of the submissions <br />D <br />
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