Resolution 20-29, April 16, 2020

Resolution Authorizing the County Administrator to Certify Local Government Eligibility for the Coronavirus Aid, Relief, and Economic Security Act (CARES Act); and Directing Staff to Develop Programs to Address Community Needs That May Be Funded from CARES Act Proceeds.

Whereas, on or about March 27, 2020, President Donald J. Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law; and

Whereas, Title V of the CARES Act provides for a Coronavirus Relief Fund, and appropriated $150,000,000,000 for States, Tribal governments, and units of local government, subject to some limitations;

Whereas, for a county to be eligible for the Coronavirus Relief Fund, it must have a population in excess of 500,000 and the Chief Executive Officer of the county must certify the county’s eligibility on a form created by the U.S. Treasury Department not later than 11:59 P.M. EDT on Friday April 17, 2020; and

Whereas, the population of Pinellas County is in excess of 500,000;

Whereas, the certification form requires that the Chief Executive Officer certify that:

  • I have the authority on behalf of [insert name of local government entity] to request direct payment from the Department of the Treasury (‘Treasury’) pursuant to section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020).
  • I understand that Treasury will rely on this certification as a material representation in making a direct payment to [name of local government entity].
  • Insert name of local government entity]’s proposed uses of the funds provided as direct payment under section 601(b) of the Social Security Act will be used only to cover those costs that
    • are necessary expenditures incurred due to the public health emergency 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 [insert name of local government entity]; and
    • were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and

Whereas, Pinellas County is estimated to be eligible to receive approximately $170,000,000 from this fund; and

Whereas, If a unit of local government of a State submits the certification required by the CARES Act for purposes of receiving a direct payment from the Secretary of Treasury, the Secretary shall reduce the amount determined for that State by local government amount and pay such amount directly to such unit of local government; and

Whereas, there has been no guidance or regulations from the Treasury Department on eligible uses for which local government portions of the CARES Act funding may be expended; and

Whereas, the CARES Act provides as guidance only that the local government shall use the funds to cover only those costs of the unit of local government that:

  • are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19);
  • were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and
  • were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and

Whereas, it is in the interest of the County to ensure that it is eligible to receive these significant funds.

Now therefore, be it resolved by the Board of County Commissioners of Pinellas County, Florida, in a public meeting duly assembled this 16 day of April 2020, that:

  • The County Administrator is authorized to certify to the Department of the Treasury that Pinellas County, Florida is an eligible local government for the purposes of receiving CARES Act funds pursuant to section 5001 of the CARES Act.
  • The County Administrator is directed to develop or expand programs, consistent with federal guidance and regulations as they become available, to address community needs that may be funded from CARES Act proceeds for the Board’s consideration.

Commissioner Eggers offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner Peters, and upon roll call the vote was:

AYES: Gerard, Eggers, Justice, Long, Peters, Seel, and Welch.
NAYS: None.
ABSENT AND NOT VOTING: None.

Donald S. Crowell, Chief Asst. County Attorney: Approved as to form

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