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Agreement Number: Y5301
<br />Unique Identifier Code: FL0299
<br />AMERICAN RESCUE PLAN ACT
<br />CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT
<br />This Agreement is entered into by and between the State of Florida, Division of Emergency Management (the
<br />"Division") and Sunny Isles Beach, City of (the "Non -Entitlement Unit" or "Recipient").
<br />RECITALS
<br />A. Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2, §9901) added section 603(a) to the
<br />Social Security Act ("ARPA"), which created the Coronavirus Local Fiscal Recovery Fund for the purpose of
<br />providing funds to local governments_ in order to facilitate the ongoing recovery from the COVID-19 pandemic
<br />("Fiscal Recovery Funds"); and
<br />B. Following the enactment of ARPA, the U.S. Department of the Treasury ("Treasury" or "Secretary") released formal
<br />and informal guidance regarding implementation of ARPA, including the disbursement and expenditure of Fiscal
<br />Recovery Funds, including Treasury Interim Final Rule, 31 CFR pt. 35, 2021, attending rule guidance published
<br />in the Federal Register, Volume 86, No 93,1, and informal guidance made publicly available by Treasury, which
<br />may be amended, superseded, or replaced during the term of this Agreement ("Treasury Guidance"); and
<br />C. ARPA allocated $7,105,927,713.00 for making payments to metropolitan cities, non -entitlement units of local
<br />government, and counties in Florida, 21% of which is to be paid directly to metropolitan cities in Florida, 59% of
<br />which was paid directly to counties in Florida, and 20% of which is to be paid to the State of Florida for distribution
<br />to non -entitlement units of local government; and
<br />D. The Secretary disbursed $5,689,502,590.00 of these funds directly to metropolitan cities and counties; and
<br />E. A remaining balance of $1,416,425,123.00 was reserved for the State of Florida to disburse to non -entitlement
<br />units of local government; and
<br />F. The Division has received these funds from the Secretary through the State of Florida in accordance with the
<br />provisions of ARPA; and
<br />G. Pursuant to the provisions of ARPA, the Division is the state entity responsible for disbursing the funds to the
<br />Recipient under this Agreement; and
<br />H. The Recipient is fully qualified and eligible to receive this funding in accordance with ARPA for the purposes
<br />identified therein.
<br />Therefore, in consideration of the mutual promises, terms and conditions contained herein, the Division and the Recipient
<br />agree as follows:
<br />(1) RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference.
<br />(2) TERM. This Agreement shall be effective upon execution and shall end on December 31, 2024, unless terminated
<br />earlier in accordance with the provisions of this Agreement. Upon expiration or termination of this Agreement for any
<br />reason, the obligations which by their nature are intended to survive expiration or termination of this Agreement will
<br />survive.
<br />(3) FUNDING. The State of Florida, through the Division, will make a disbursement of each non -entitlement unit of local
<br />government's allocation based on the list of non -entitlement units published by Treasury and based upon the State's
<br />calculation of the Recipient's proportional share of the total population of all non -entitlement units in the State. The
<br />total Fiscal Recovery Funds allocation for Recipient under this Agreement is $10,920,613.00.
<br />(4) USE OF FISCAL RECOVERY FUNDS
<br />a. The State, through the Division, will—within 30 days of receiving payment from the Secretary, or within such
<br />other time period as may be permitted by the Secretary—make an initial disbursement to the non -entitlement
<br />https://www.regulations.gov/document/TREAS-DO-2021-0008-0002 I Federal Register, Vol. 86, No. 93, Pg. 26786
<br />("Federal Register")
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