HomeMy WebLinkAbout236-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 236-20
File Number: 2020-0848
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT FUNDS:
A RESOLUTION TO AUTHORIZE THE MAYOR TO SEEK CORONAVIRUS AID, RELIEF,
AND ECONOMIC SECURITY ACT FUNDS FOR PANDEMIC -RELATED EXPENSES
INCURRED BY THE CITY, AND TO AUTHORIZE THE MAYOR TO SIGN THE
CORONAVIRUS RELIEF FUND PROGRAM SUB -RECIPIENT AGREEMENT FOR
MUNICIPALITIES AND COUNTIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor
Jordan to seek Coronavirus Aid, Relief, and Economic Security (CARES) Act funds for
pandemic -related expenses incurred by the City, and further authorizes the Mayor to sign the
Coronavirus Relief Fund Program Sub -recipient Agreement for Municipalities and Counties, as well as
any other documents necessary to receive the funds.
PASSED and APPROVED on 10/6/2020
Yes: 8 Council Member Smith, Council Member Gutierrez, Council Member Marsh,
Council Member Kinion, Council Member Petty, Council Member Scroggin,
Council Member Bunch and Council Member Turk
Page 1 Printed on 1017120
Resolution: 236-20
File Number: 2020-0848
Attest:
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Kara Paxton, City Clerk Treasurer= :•' c� �� �;
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Page 2 Printed on 1017120
City of Fayetteville, Arkansas
Text File
File Number: 2020-0848
Agenda Date: 10/6/2020
In Control: City Council Meeting
Version: 1
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Status: Passed
File Type: Resolution
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT FUNDS:
A RESOLUTION TO AUTHORIZE THE MAYOR TO SEEK CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY ACT FUNDS FOR PANDEMIC -RELATED EXPENSES INCURRED BY
THE CITY, AND TO AUTHORIZE THE MAYOR TO SIGN THE CORONAVIRUS RELIEF FUND
PROGRAM SUB -RECIPIENT AGREEMENT FOR MUNICIPALITIES AND COUNTIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to seek Coronavirus Aid, Relief, and Economic Security (CARES) Act funds for pandemic -related expenses
incurred by the City, and further authorizes the Mayor to sign the Coronavirus Relief Fund Program
Sub -recipient Agreement for Municipalities and Counties, as well as any other documents necessary to receive
the funds.
City of Fayetteville, Arkansas Page 1 Printed on 10/7/2020
City of Fayetteville Staff Review Form
2020-0848
Legistar File ID
10/6/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Paul Becker 10/5/2020 CHIEF FINANCIAL OFFICER (110)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of an application from the Arkansas Department of Finance and Administration to participate in the
Coronavirus Relief Fund for Municipalities and Counties.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 6, 2020
TO: Mayor and City Council
THRU: Mayor: Lioneld Jordon
FROM: Paul Becker, Chief Financial Officer
DATE: October 5, 2020
CITY COUNCIL MEMO
SUBJECT: Staff recommends approving the Mayor to apply for cost reimbursements thru the
Arkansas Department of Finance and Administration from the Coronavirus Relief
Fund Program and enter into the Sub- Recipient Agreement for Municipalities
and Counties.
RECOMMENDATION:
To approve the attached Coronavirus Relief Fund Program Sub -Recipient Agreement for
Municipalities and Counties and authorize the Mayor to approve all documents necessary to
apply for cost reimbursements for expenditures needed to address the Coronavirus.
BACKGROUND / Discussion:
A part of the Federal Funding Program passed by Congress to meet the challenges of the
pandemic included aid to States, Counties and Municipalities. The CARES Act provided for
direct funding to large Cities and also State flow through funding for smaller municipalities and
counties. The State has developed a program to allow counties and municipalities in Arkansas
to apply for reimbursements for expenditures relating to the coronavirus from the established
CRF fund. To participate the City must enter into the attached Sub -Recipient Agreement and
the Mayor must sign the attached Coronavirus Relief Fund Acceptance Certificate.
BUDGET/STAFF IMPACT:
If approved reimbursements from the Coronavirus Relief Fund could be substantial and would
help pay for past expenditures the City absorbed to meet the pandemic as well improve the
City's ability to provide necessary services remotely.
Attachments:
Coronavirus Relief Fund Program Sub -Recipient Agreement For Municipalities and
Counties.
Coronavirus Relief Fund Acceptance Certification.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Arkansas Department of Finance and Administration
Coronavirus Relief Fund Program Sub -Recipient Agreement
For Municipalities and Counties
DEFINITIONS
A. "Authorized Agents" shall mean those persons authorized to legally bind the Municipality or County
and designated with such authority on Attachment A.
B. "Authorized User" shall mean an administrative person who is allowed access to the system for
date entry, documentation upload and other clerical functions.
C. "Contractor" shall mean any entity, public or private, providing services as described in this
Agreement.
D. "Designation of Authority" shall have the meaning set forth in Articles V and VII of this Agreement.
E. "Events of Default" shall have the meaning set forth in Article XVII of this Agreement.
F. "Federal Award" shall mean Federal financial assistance that a non -Federal entity receives directly
from a Federal Awarding Agency or indirectly from a Pass -through entity per 2 C.F.R. §200.38.
G. "FEMA" shall mean the Federal Emergency Management Agency.
H. "Final Expense Report" shall mean a report which lists all expenditures made by a Municipality or
County using CRF Funds and which contains a statement executed by a Representative that there
are no other outstanding commitments or obligations for which reimbursement will be sought under
this Agreement.
I. "Funds" shall mean any CARES Act, Coronavirus Relief Funds (CRF) funds advanced or
transferred to the Municipality or County for reimbursement of eligible expenditures in accordance
with the terms and conditions set forth in this Agreement.
J. "Pass -through entity" shall mean a non -Federal entity that provides a subaward to a Municipality
or County or Sub -sub -Recipient to carryout part of a Federal program per 2 C.F.R. §200.74.
K. 'Representative" shall refer to the individual set forth in Article V of this Agreement authorized by
the Municipality or County to act on behalf of the Municipality or County.
L. "Request for Reimbursement" shall have the meaning set forth in Article VII of this Agreement.
M. "STATE" shall mean the State of Arkansas.
N. "Subaward" shall mean an award provided by a Municipality or County to a Sub -sub -recipient to
carry out part of a Federal Award received by the Municipality of County per 2 C.F.R. §200.93.
O. "Sub -sub -Recipient" shall mean a non -Federal entity, such as a local entity, that receives a
subaward from a Municipality or County to carry out part of a Federal program per 2 C.F.R. §200.93.
SUBAWARD INFORMATION
The following Agreement information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Municipality or County name:
Municipality or County unique entity identifier:
Federal Award Date:
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Name of Federal Awarding Agency:
Name of Pass -through entity:
Catalog of Federal Domestic Assistance (CFDA) Number and Name:
ARTICLE I
REPRESENTATIONS
A. The Municipality or County represents that it is fully qualified and eligible to receive the
Coronavirus Relief Funds (CRF).
B. The Municipality or County certifies that it has the legal authority to receive the Funds under
this Agreement and it certifies that the undersigned person has the authority to legally execute and bind the
Municipality or County to the terms of this Agreement.
C. The Municipality or County, by its decision to receive the Funds, bears the ultimate
responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies,
and bears the ultimate consequences of any adverse decisions rendered by the STATE, the Federal
Awarding Agency, or any other STATE or Federal agencies with audit, regulatory, or enforcement authority.
D. The STATE received the Funds from the Federal government, and the STATE has the
authority to transfer such Funds to the Municipality or County under the terms and conditions outlined
herein.
E. The STATE, as the Pass -through entity for the Funds, reserves the right to demand that
the Municipality or County comply with all applicable Local, State and Federal laws, regulations and policies
and take any and all other actions necessary to ensure that the Funds are used in accordance with Section
601(a) of the Social Security Act as implemented in the CRF Guidance.
ARTICLE II
RESPONSIBILITIES
A. The Parties to this Agreement shall work together in a cooperative and coordinated effort,
and in such a manner and fashion to ensure the Funds are utilized most effectively and efficiently to respond
to and recover from COVID-19.
B. Both the STATE and the Municipality or County are expected to remain in compliance with
the US Treasury CRF Guidance, the US Treasury CRF FAQ, and the US Treasury OIG Memoranda, as
outlined in Exhibits 1, 2, and 3 or as may be amended by the US Treasury from time to time. The STATE's
reimbursement of an expenditure will be based on the information available at that time. If further
clarification from the Treasury later determines such expenditure to be ineligible, the Municipality or County
shall return any Funds received for such expenditure to the STATE in accordance with the provisions of
Article X of this Agreement.
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ARTICLE III
TERMS OF AGREEMENT
A. This Agreement shall become effective upon its execution by both Parties and shall end
upon formal notification by the US Treasury or its designee that the use of all Funds has been accounted
for and accepted, unless terminated earlier as specified elsewhere in this Agreement.
B. The STATE may terminate this Agreement for cause after seven (7) days written notice
sent to the Municipality or County by first-class mail or email. Cause may include, but is not limited to: Funds
not being expended in a reasonably timely manner, misuse of Funds, fraud or misrepresentation, lack of
compliance with applicable rules, laws and regulations, failure to comply with reimbursement or audit
requirements and refusal by the Municipality or County to permit STATE access to any document, paper,
letter, or other material subject to disclosure under applicable State laws, as amended. Upon such
termination, the Municipality or County shall, within ten (10) days, return all unexpended Funds to the
STATE.
C. The Parties may jointly agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement.
D. In the event that this Agreement is terminated, and upon the Municipality or County's
receipt of the notice of termination, the Municipality or County will not incur new expenditures with the
expectation of such expenditures being reimbursed with Funds by the STATE.
ARTICLE IV
LAWS, RULES, REGULATIONS AND POLICIES
Performance under this Agreement is subject to Section 601(a) of the Social Security Act, as added by
section 5001 of the CARES Act. Fund payments are subject to the following requirements in the Uniform
Guidance (2 C.F.R. Part 200): 2 CFR §200,303 regarding Internal Controls, 2 CFR §§200.330 through
200.332 regarding Sub -Recipient Monitoring and Management, and Subpart F regarding Audit
Requirements. Pursuant to the CRF Guidance (Exhibit 1), the CARES Act provides that payments from the
Fund may only be used to cover costs that:
A. are necessary expenditures incurred due to the public health emergency with respect to COVID-19;
B. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of
enactment of the CARES Act) for the State or local government; and
C, were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020.
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ARTICLE V
CONTACTS
The STATE's Contract Manager shall be responsible for enforcing performance of this Agreement's terms
and conditions and shall serve as the State's 's liaison with the Municipality or County. As part of his/her
duties. The Contract Manager for the STATE shall monitor, review, and document all activities and
expenditures for which the Municipality or County requests reimbursement.
In addition, any notice or other communication required under this Agreement shall be in writing and sent
to the address below. Notices shall be given by and to Paul Louthian on behalf of the State, and by and to
the Municipality or County signatory, on behalf of the Municipality of County, or such designee as either
party may from time to time designate in writing. Notices or communications to or between the parties shall
be deemed to have been delivered when mailed by first class mail, provided that notice of default or
termination shall be sent by registered or certified mail, or, if personally delivered, when received by such
party.
A. The STATE's Contract Manager for this Agreement is:
Name: Paul S. Louthian, CPA
Title: State Comptroller
Address: 1509 West Seventh Street, Suite 403
Little Rock, AR, 72201
Telephone: 501-682-1675
Email: CARESActlssues-PaulLouthian@dfa.arkansas.gov
B. The name and address of the Representative of the Municipality or County
("Representative") responsible fc
Name:
Title:
Address:
Telephone:
Email:
C. 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 in writing via letter or electronic mail. It is the Municipality or County's
responsibility to authorize its users in the STATE's On -Line Portal (to be provided). Only the Authorized
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Agent identified in Attachment A to this Agreement ("Designation of Authority") may authorize the addition
or removal of Authorized Users.
ARTICLE VI
ELIGIBLE EXPENDITURES
A. The Municipality or County may seek reimbursement under this Agreement for the
following CRF eligible expenditures incurred during the period beginning March 1, 2020 and ending
December 15, 2020:
1. FEMA Public Assistance (PA) local match eligible expenditures;
2. CRF eligible governmental operations expenditures as set out in Exhibit 1;
3. Expenditures for CRF eligible economic support and assistance programs that
have been approved in advance by the STATE.
B. The Municipality or County shall return to the STATE any Funds for projects not completed
by December 15, 2020 as required by Article X of this Agreement.
C. Requests for Reimbursement by the Municipality or County for (1) CRF eligible
governmental operations expenditures, and (2) expenditures for CRF eligible economic support and
assistance programs that have been approved in advance by the STATE shall be governed by the
requirements and procedures set forth in Article VI (F) and (G) below.
D. Prior to the disbursement of any Funds, an Authorized Agent of the Municipality or County
shall provide all documentation of expenditures for which reimbursement is requested to the STATE via the
STATE's On-line Portal. The STATE will then review said documentation for sufficiency and costs for
eligibility, and if the STATE determines that the expenditures are eligible for reimbursement, will reimburse
the Municipality or County for such eligible expenditures in an expedited manner, subject to the availability
of Funds. If the STATE requires additional documentation to determine eligibility, the Authorized Agent for
the Municipality or County shall timely provide such documentation upon written request from the STATE.
If the STATE determines that the expenditures are not eligible for reimbursement, then no Funds will be
disbursed to the Municipality or County for said expenditures.
E. If any expenditure for which the Municipality or County received Funds for reimbursement
is subsequently determined not to be an eligible expenditure under section 601(a) of the Social Security
Act as implemented in the CRF Guidance and CRF FAQ, the Municipality or County shall return any Funds
received from the STATE for such expenditure to the STATE in accordance with the provisions of Article X
of this Agreement .
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ARTICLE VII
REQUESTS FOR REIMBURSEMENT
The STATE, subject to availability of Funds, will provide Funds on a cost reimbursement basis to the
Municipality or County for eligible expenditures approved by the STATE.
A. Any request for reimbursement by the Municipality or County under this Agreement (a
"Request for Reimbursement") must include a certification, signed by the Chief Executive of the Municipality
or County, which reads as follows: "By signing this request, I certify to the best of my knowledge and belief
that the request is true, complete, and accurate, and the expenditures, disbursements and cash receipts
are for the purposes and objectives set forth in this Agreement'.
B. The Municipality or County must designate at least one (1) Authorized Agent to execute
any Requests for Reimbursement, certifications, changes to contacts, or other necessary documentation
on behalf of the Municipality or County. Multiple Authorized Users may be designated on Attachment A that
will be assigned to perform data entry, documentation upload or other clerical functions. Please note:
Changes to Authorized Users must be made in writing via letter or electronic mail. Attachment A must be
completed and submitted via letter or electronic mail to the STATE Contract Manager (see Article V).
C. The STATE will review all Requests for Reimbursement and only release Funds for eligible,
documented expenditures.
D. The STATE reserves the right to require on an ongoing basis, including after the
disbursement of Funds, any additional certifications and documentation it deems necessary to continue to
verify the eligibility of expenditures for which the Municipality or County received Funds for reimbursement.
ARTICLE Vill
PROCUREMENT
A. The Municipality or County shall ensure that any procurement involving Funds authorized
by the Agreement complies with all applicable Federal, State and local laws and regulations.
B. If the Municipality or County contracts with any Contractor or vendor for performance of
any portion of the work required under this Agreement, the Municipality or County must ensure that any
agreement complies with all applicable law and ensure that the STATE and its employees and the
Municipality or County and its employees are indemnified and held harmless from liability to third parties
for claims asserted under such contract.
ARTICLE IX
PAYMENTS
A. Requests for Reimbursement serve as invoices and shall include the supporting
documentation for all costs of the project, services or expenditures in detail sufficient for a proper pre -audit
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and post -audit thereof. The final Request for Reimbursement shall be submitted within thirty (30) days after
the expiration of this Agreement.
B. If Funds are not available to satisfy a Request for Reimbursement under this Agreement,
as a result of action by the United States Congress, the Federal Office of Management and Budget, the
STATE's Chief Financial Officer, or under Article X (B) of this Agreement, all obligations on the part of the
STATE to make any further payment of Funds shall terminate, and the Municipality or County shall submit
its final report within thirty (30) days of receiving notice from the STATE.
ARTICLE X
REPAYMENT OF FUNDS
A. All returns or repayments of Funds due to the STATE under this Agreement are due no
later than ten (10) days from the date of written notification by the STATE that such Funds are due, and
shall be made payable to the order of "Arkansas Department of Finance and Administration" and be mailed
directly to the Contract Manager (as stipulated in Article V).
B. If the payment is not received within ten (10) days, the Municipality or County understands
and agrees that the STATE may withhold or offset Funds from the Municipal General or County General
Distributions payable to the Municipality or County until the return or repayment of any/all Funds to the
STATE under this Agreement are satisfied.
ARTICLE XI
RECORDS
A. The Federal Awarding Agency, Inspectors General, the Comptroller General of the United
States, and the STATE, or any of the STATE's authorized representatives, (e.g. the Office of the Inspector
General and Arkansas Legislative Audit), shall enjoy the right of access to any documents, financial
statements, papers, or other records of the Municipality or County or any Contractors, subcontractors or
consultant 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 Municipality or County's
personnel for the purpose of interview and discussion related to such documents.
B. As required by the STATE record retention requirements as set out at Ark. Code Ann § 25-
18-604 and by the Treasury OIG Memoranda (Exhibits 3), the Municipality or County shall retain sufficient
records to show its compliance with the terms of this Agreement, as well as the compliance of all
subcontractors or consultants paid from Funds under this Agreement, for a period of five (5) years from the
date of submission of the final expenditure report.
C. The Municipality or County shall retain financial records, supporting documents, statistical
records, and all other records including electronic storage media pertinent to its use of Funds for a period
of five (5) years after the last disbursement of Funds by the STATE. If any litigation or audit is initiated, or
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claim made, before the expiration of the five (5)-year period, the records shall be retained until the litigation
and all appeals, audit, or claim has been resolved.
D. As required by 2 C.F.R. §200.303, the Municipality or County shall take reasonable
measures to safeguard protected personal identifiable information and other information the Federal
Awarding Agency or the STATE designates as sensitive or the Municipality or County considers sensitive
consistent with applicable Federal, State, Local, and Tribal laws regarding privacy and obligations of
confidentiality.
E. The Municipality or County shall maintain all records for the Municipality or County and for
all subcontractors or consultants to be paid from Funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements and
objectives of this Agreement.
ARTICLE XII
MONITORING
A. The STATE shall have the right to monitor the performance of the Municipality or County
under this Agreement, as well as that of its Contractors, subcontractors and/or consultants who are paid
from Funds provided under this Agreement.
B. In addition to reviews of audits, monitoring procedures may include, but not be limited to,
on- site visits by STATE staff, desk reviews and/or other procedures. The Municipality or County agrees to
cooperate with any monitoring procedures/processes deemed appropriate by the STATE.
ARTICLE XIII
AUDITS
A. The Municipality or County shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
B. In accounting for the receipt and expenditure of Funds under this Agreement, the
Municipality or County shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2
C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
C. As per this Agreement, audits conducted under 2 C.F.R. Part 200, Subpart F shall be
performed in accordance with Generally Accepted Government Auditing Standards ("GAGAS") as issued
by the Comptroller General of the United States.
D. In the event that the Municipality or County meets the $750,000 aggregate threshold that
requires a federal compliance audit, the completed audit must be uploaded by the Municipality or County
into the State Portal.
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1. If an audit shows that any Funds disbursed to the Municipality or County were not
used by the Municipality or County in accordance with the terms and conditions of
this Agreement, the Municipality or County shall return said Funds to the STATE
in accordance with the provisions of Article X of this Agreement.
2. The Municipality or County shall cooperate with any audit requests conducted for
the STATE or the Contractor by the Department of Inspector General, Arkansas
Legislative Audit, or any Federal agency.
3. The Municipality shall have all federal compliance audits completed by an
independent auditor, which is defined in Ark. Code Ann. § 17-12-301. The
independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the STATE no later than
nine (9) months from the end of the Municipality or County's fiscal year.
4. The Municipality or County shall send copies of the audit and any Management
Letters issued by the auditor to the STATE's Contract Manager,
ARTICLE XIV
MANDATED CONDITIONS
A. Execution of this Agreement constitutes a certification that the Municipality or County will
comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et.
seq.). Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Municipality or County must
undertake an active program of nondiscrimination in its administration of disaster assistance under this
Agreement.
B. The Municipality or County agrees to comply with the Americans with Disabilities Act
(Public Law 101- 336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and Local
government services, and telecommunications.
C. The Municipality or County shall require that the following certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) that all such sub-subrecipients shall certify and disclose to the
best of their knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
2. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
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State or Local) transaction or contract under public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
4. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default.
If the Municipality or County is unable to obtain and provide such certification, then the Municipality or
County shall attach an explanation to this Agreement as to why not.
ARTICLE XV
LOBBYING PROHIBITION
The Municipality or County certifies, by its Representative's signature to this Agreement, that to the best of
his or her knowledge and belief:
A. No Funds received by Municipality or County under this Agreement have been paid or will
be paid, by or on behalf of the Municipality or County, to any 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 cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
B. If any monies, other than Funds received by Municipality or County under this Agreement,
have been paid or will be paid to any 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 this Federal contract, grant, loan or cooperative agreement, the Municipality
or County shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance
with its instructions.
C. The Municipality or County shall require that 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 such sub -sub -recipients shall certify and disclose
accordingly.
D. 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 making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
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required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
ARTICLE XVI
LIABILITY AND INDEMNIFICATION
The Municipality or County is solely responsible to the parties it deals with in carrying out the terms of this
Agreement. To the extent and within the limitations of Ark. Code Ann. § 21-9-301, the Municipality or County
shall be responsible for and agrees to indemnify and hold harmless and defend the STATE and its boards,
commissions, agencies, officers and employees from and against all third party claims, demands and
causes of actions, of any nature whatsoever, directly resulting from the willful misconduct or negligent acts
or omissions of the Municipality or County, its officers, agents, employees, or subcontractors in its
performance under this Agreement.
To the extent and within the limitations of Ark. Code Ann. § 21-9-301 and applicable state Statutes, as
amended, the Municipality or County shall pay all claims and losses caused by the Municipality or Counties
breach of this Agreement, and shall investigate and defend, or pay for the defense of, all claims, suits or
actions of any kind or nature, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may issue thereon. The Municipality or County expressly understands
and agrees that any insurance protection required by this Agreement or otherwise provided by the
Municipality or County shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the STATE or its officers, employees, agents and instrumentalities as herein provided. For purposes
of this Agreement, Municipality or County agrees that it is not an agent of the STATE. Nothing herein shall
be construed as consent by the STATE to be sued by third parties in any matter arising out of any contract.
ARTICLE XVII
EVENTS OF DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the STATE to make
further payment of Funds shall terminate and the STATE has the option to exercise any of its remedies as
set forth in Article XVIII:
A. Any warranty or representation made by the Municipality or County in this Agreement is or
becomes false or misleading in any respect.
B. The Municipality or County fails or is unable or unwilling to perform and complete on time
any of its obligations under this Agreement.
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ARTICLE XVIII
REMEDIES
If an Event of Default occurs, then the STATE shall timely provide written notice of the Event of Default to
the Municipality or County. If the Municipality or County fails to cure the Event of Default within seven (7)
days after receipt of such notice from the STATE, the STATE may exercise any one or more of the following
remedies, either concurrently or consecutively:
A. Terminate this Agreement, provided that the Municipality or County is given at least seven
(7) days prior written notice of the termination.
B. Withhold or suspend payment of all or any part of a Request for Reimbursement.
C. Require that the Municipality or County return to the STATE any Funds used for ineligible
purposes.
D. The Municipality or County agree that the STATE may set-off funds otherwise payable to
the Municipality or County until the return or repayment of any Funds due to the STATE under this
Agreement is satisfied.
E. Debar the Municipality or County from consideration for award of purchases or contacts as
permitted by federal and state law and regulation.
F. Exercise any other rights or remedies which may be permitted by law or in equity.
No delay or omission to exercise any right, power, or remedy accruing to the STATE upon breach or
violation by the Municipality or County under this Agreement, shall impair any such right, power or remedy
of the STATE; nor shall such delay or omission be construed as a waiver of any such breach or default, or
any similar breach or default.
ARTICLE XIX
EXHIBITS AND ATTACHMENT
A. All Exhibits and the Attachment to this Agreement are incorporated as if set out fully.
B. In the event of any inconsistencies or conflict between the language of this Agreement and
the Exhibits and Attachment, the language of the Exhibits and Attachment shall control, but only to the
extent of the conflict or inconsistency.
C. This Agreement has the following Exhibits and Attachment:
1. Exhibit 1 - Coronavirus Relief Fund Guidance for State, Territorial, Local, and
Tribal Governments - September 2, 2020;
2. Exhibit 2 - Coronavirus Relief Fund Frequently Asked Questions - Updated
September 2, 2020; Later one should be referenced.
3. Exhibit 3 - Department of the Treasury Memorandum for Coronavirus Relief Fund
Reporting and Record Retention Requirements - July 2, 2020;
Page 13 of 16
9.25.20
a. Addendum 3-1 - Department of the Treasury Memorandum for
Coronavirus Relief Fund Reporting Requirements Update - July 31, 2020;
4. Attachment A — Certification, and, where applicable, Designation of Authority.
ARTICLE XX
NON -ASSIGNMENT OF AGREEMENT
Neither the STATE nor the Municipality or County may assign, sublicense or otherwise transfer its rights,
duties or obligations under this Agreement without the prior written consent of the other party, which consent
shall not unreasonably be withheld.
ARTICLE XXI
LIMITATION ON RIGHTS OF OTHERS
The terms of this Agreement shall be binding upon, inure to the benefit of and be enforceable solely by the
parties and their permitted successors and assigns, and nothing in this Agreement or by virtue of the
transactions contemplated hereby, whether express or implied, shall be construed to constitute, create or
confer rights, remedies or claims in or upon any person (as third -party beneficiary or otherwise) not a party
hereto, or to create obligations or responsibilities of the parties to such persons, or to permit any person
other than the parties and their respective successors and assigns to rely upon or enforce the covenants,
conditions and agreements contained herein.
ARTICLE XXII
BINDINGS ON SUCCESSORS
This Agreement shall bind the successors, assigns and legal representatives of the parties hereto, and of
any legal entity that succeeds to the obligations of the parties hereto.
ARTICLE XXIII
SEVERABILITY
If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain
in full force and effect, and such term or provision shall be deemed stricken.
ARTICLE XXIV
GOVERNING LAW
This Agreement shall be construed, performed, and enforced in all respects in accordance with the
laws and rules of the State of Arkansas, without regard to any conflicts of law principles, decisional
Page 14 of 16
9.25.20
law or statutory provision that would require or permit the application of another jurisdiction's
substantive law. Venue or location for any legal action arising under this Agreement will be in Pulaski
County, Arkansas.
ARTICLE XXV
ENTIRE AGREEMENT
This Agreement and its Exhibits and Attachment constitute the entire agreement of the Parties with respect
to the subject matter hereof and supersede all prior written and oral agreements and understandings with
respect to such subject matter. Neither this Agreement nor any of the terms hereof may be amended,
supplemented, waived or modified orally. All such amendments, supplements, waivers and modifications
must be in writing signed by the party against which the enforcement of the amendment, supplement, waiver
or modification shall be sought.
ARTICLE XXVI
HEADINGS
Any heading preceding the text of the several sections of this Agreement shall be solely for convenience of
reference and shall not affect the meaning, construction or effect of this Agreement. In the event of any
conflict between any such heading and the text thereunder, the text shall control.
In acknowledgment of the mutual consideration herein, the parties hereby certify that they have read this
entire Agreement and will comply with all of its requirements.
Page 15 of 16
9.25.20
ARTICLE XXVII
SIGNATURE AUTHORITY
The Municipality or County certifies that it has the authority and approval from the governing body to execute
this agreement and to request reimbursement from the STATE from the allocation of the CRF provided to
the STATE for eligible expenditures. The Municipality or County also certifies that its Chief Executive, or
designee, is authorized to sign "Attachment A" to this Agreement on behalf of the Municipality or County.
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this
Agreement effective upon the last date set forth below.
By my signature below, I attest that I am authorized by the City Council/Commission or County Judge to
execute any and all documents as required Py the State in order to receive CARES Act funds.
Municipality or County
Y
iw7-c
Date: ockh� / 10
Printed Name and Title: r//v ��-[ c%11Vl f668-
Arkansas Department of Finance and Administration
Lan
Date:
Printed Name and Title :
Page 16 of 16
9.25.20
ATTACHMENT A
CORONAVIRUS RELIEF FUND ACCEPTANCE CERTIFICATION
I, , certify that I am the Chief Executive Officer (Chief Executive)
of , Arkansas (Participant) and, on behalf of the Participant, I hereby certify,
represent, warrant and agree that:
1. I have the authority to bind the Participant by this certification and to make each
Coronavirus Relief Fund (CRF) Request seeking direct payment and/or reimbursement whether
now or hereafter requested from the CRF Program created by the State of Arkansas and managed
by the Arkansas Department of Finance and Administration (DFA); and
2. All CRF Program funds (and each CRF Request) are subject to section 601(a) of the Social
Security Act, as added by Section 5001 of the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act); and
3. The State of Arkansas and the DFA are authorized to rely upon this certification as a
material representation made by the Participant (and by me, as the Chief Executive Officer of the
Participant) in connection with each CRF Request; and
4. Each CRF Request meets the CARES Act qualifications and requirements including but
not limited to the following:
a. All expense payment and reimbursement requests only qualify if (i) necessary
expenditures directly incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19); (ii) such are not being accounted for in the budget
most recently approved as of March 27, 2020, for the Participant; and (iii) having been incurred
during the period that begins March 1, 2020 and ends on December 15, 2020; and
b. Each CRF Request adheres to federal guidance issued or to be issued on what constitutes
a necessary expenditure; and
c. Each CRF Request is submitted with appropriate documentation, including payroll records,
invoices, sales receipts, etc.; and
d. CRF Program funds as made available by any CRF Request are not used as a revenue
replacement for lower than expected tax or other revenue collections; and
e. CRF Program funds as made available by any CRF Request are not used to reimburse or
pay expenditures for which any other emergency COVID-19 supplemental funding (whether
state, federal or private in nature) was received for the same expense.
5. Failure of any CRF Request to meet any CARES Act qualifications and requirements, or
if there is any misrepresentation made by the Participant related to this certification, shall require,
upon any request of the DFA, that the Participant repay to the State of Arkansas the related CRF
Program funds.
Page 1 of 2
ATTACHMENT A
6. To the extent that any CRF Request submitted by the Participant seeks to pay or reimburse
any COVID-19 related expenses incurred by another political subdivision located within the same
jurisdiction as the Participant, by this certification, the Participant is making the same
certifications, representations, warranties and agreements as set forth above in regards to such a
CRF Request and for which the Participant shall be fully and legally responsible.
I certify under the penalties of perjury that I have read the above certification and my
statements contained herein are true and correct to the best of my knowledge.
[Print Participant Name here]
By:L �d��� �1�r � �►-�
Signature:
Title: vo�xu
Date: I 1 :)o
STATE OF ARKANSAS )
COUNTY OFJJ44jy§qM
SS:
Befor me, a Notary Public in and for said County and State, personally appeared
�iontld Iot'd�n known to me to be the [Title = Chief Executive Officer] of [Participant's
Name], and I acknowledge the execution of the foregoing.
Witness my hand and Notarial Seal this &41�' day of W., 2020.
My Commission Expires: Notary Publi ReLs-idij in _ it County```�`�s���i��,,,����
Arkansas `�� ��� V. D py4,���
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(Printed Sig re) uat, ; Z;
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�W SON ; 0; N,,
IN ORDER TO HAVE ANY COVID-19 RELATED EXPENSES REIMBURSED, THIS FULLY
EXECUTED AND NOTARIZED CORONAVIRUS RELIEF FUND ACCEPTANCE
CERTIFICATION MUST BE E-MAILED AND SENT VIA U.S. MAIL TO THE FOLLOWING
ADDRESS: E-mail Address: CaresActlssues-PaulLouthian(t)dfa.arkansas.gov
U.S. Mail: Arkansas Department of Finance and Administration
1509 West 7`h Street, Suite 403
Little Rock, AR 72201
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