CORONAVIRUS RELIEF FUND PROGRAM AGREEMENTCORONAVIRUS RELIEF FUND (CRF) PROGRAM AGREEMENT
BETWEEN THE CITY OF CLEARWATER, FLORIDA AND CLEARWATER NEIGHBORHOOD
HOUSING SERVICES, INC.
THIS CRF AGREEMENT (hereinafter the "Agreement") is made and entered into by
and between the City of Clearwater, a Florida municipal corporation, with a principal address of
P.O. Box 4748, Clearwater, Florida 33758, (hereinafter referred to as the "City"), and Clearwater
Neighborhood Housing Services, Inc., a Florida non-profit corporation, with a principal address
of 608 N Garden Avenue, Clearwater, FL 33755 (hereinafter referred to as "CNHS" or
"Subrecipient").
WITNESSETH:
WHEREAS, the Coronavirus (COVID-19) emergency has caused disruption in Florida's
economy leading to high rates of unemployment and business closures;
WHEREAS, many Floridians are in need of assistance with rental payments, mortgage
payments and utility payments;
WHEREAS, the State of Florida has been awarded funds pursuant to, section 601(d) of
the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and
Economic Security (CARES) Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020);
WHEREAS, a portion of the CARES Act Funds (designated the "Coronavirus Relief
Funds or CRF funds") has been distributed by the Florida Housing Finance Corporation (herein,
"FHFC" or "Florida Housing") to and administered by Eligible Local Governments and expended
only for purposes authorized by this Agreement;
WHEREAS, the City of Clearwater has entered into a CRF Subrecipient Agreement (CRF
Subrecipient Agreement) with the Florida Housing Finance Corporation for the City's
administration of a Rent, Mortgage and Utilities (RMU) assistance program and expenditure of
$375,576 under the terms and conditions of the CRF Subrecipient Agreement;
WHEREAS, CNHS is a private non-profit corporation that provides foreclosure
counseling;
WHEREAS, CNHS is under contract with the City to provide foreclosure counseling
services under the City's RMU program with Community Development Block Grant funds
provided by the United States Department of Housing and Urban Development (HUD);
WHEREAS, these services are an eligible activity under the CRF Subrecipient
Agreement;
WHEREAS, CNHS has available the necessary qualified personnel, facilities, materials
and supplies to perform such services and/or carry out such programs for these residents, who are
eligible and qualified to receive said services and are within the income limits for low- and
moderate -income persons as defined by HUD and adjusted annually, and which current income
levels are attached hereto as Exhibit "A" and incorporated herein by reference.
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein, and for other good and valuable consideration, the sufficiency and receipt
whereof being hereby acknowledged, the City and CNHS agree as follows:
SECTION 1: SCOPE OF SERVICES AND USE OF FUNDS
1. Recitals. The recitals set forth above are true and correct and are incorporated herein
and made a part of this Agreement.
2. Objectives and Use. Subrecipient certifies that the activities carried out with the funds
provided under this Agreement will meet the CRF program requirements established in the CRF
Subrecipient Agreement between the City and Florida Housing Finance Corporation, attached
hereto as Exhibit "B" and incorporated herein; however, the Florida Housing Finance
Corporation is not a party to this agreement. Activities carried out under this Agreement shall
benefit households with total household income at or below 120% of Area Median Income (AMI)
as determined by HUD.
3. The Grant. Under the terms and conditions of this Agreement, the City has allocated
a subaward to CNHS in the amount of THREE THOUSAND DOLLARS AND 00/100 CENTS
($3,000.00) to be expended prior to December 30, 2020. Any funds remaining unexpended or
not disbursed to CNHS by the City as of the termination date of this Agreement may be
deobligated from this Agreement and made available for other City projects as determined by the
City.
4. Statement of Work/Program and Project Description. Subrecipient provides
foreclosure counseling. The subrecipient will provide foreclosure counseling services, at an
amount not to exceed $850 for each client, that will benefit approximately eight low- to moderate -
income City of Clearwater residents according to HUD income guidelines attached hereto as
Exhibit "A" (hereinafter referred to as the "Project"). Additional requirements for the Project are
attached hereto as Exhibit "C" and made a part hereof by this reference. The Budget for this
Project is attached as Exhibit "D" and made a part hereof by this reference.
5. Goals and Performance Measures: Implementation Schedule. Subrecipient agrees
to work diligently towards the completion of the Project and complete the Project by December
30, 2020. FHFC requires the City to timely spend its CRF funds. Therefore, it is critical that
Subrecipient complies with applicable time deadlines. Time is of the essence. Subrecipient's
failure to work diligently toward timely completing the Project and incidents of non-performance
may result in conditions being placed on the grant funds, suspension of grant funds, or the City may
cease disbursing funds pursuant to this Agreement so that the City can reallocate the funds for other uses
or projects.
6. Performance Monitoring. The City will monitor Subrecipient's performance against
goal and performance standards and compliance with the terms of this Agreement as required
herein. Further monitoring requirements are set forth in Section 2 herein. Substandard
performance as determined by the City will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by Subrecipient within thirty (30)
days after being notified by the City, the City will terminate this Agreement and all funding will
end. Subrecipient must return any CRF funds within 5 days of the Economic Development and
Housing Department Director's or Assistant Director's written request.
7. Expenditure of Funds/Budget. Subrecipient shall use the grant proceeds for eligible
expenses permitted under the CRF regulations as set forth in the CRF Subrecipient Agreement in
accordance with the Budget attached hereto as Exhibit "D" and made a part hereof by this
reference. Any changes in budget line items, including additions, must be requested in writing and
must be approved in writing by the Economic Development and Housing Department Director or
Assistant Director before related expenditures can be undertaken. Subrecipient shall be
responsible for any cost overruns above the grant amount of $3,000. Notwithstanding anything to
the contrary in this Agreement, the City also reserves the right to request and approve
documentation supporting any requests for reimbursement to verify the reasonableness and
validity of such costs and said Budget may be modified by the City accordingly. Subrecipient
acknowledges and agrees that any funds not used in accordance with permitted CRF regulations
and the Budget must be repaid to the City.
8. Term. This Agreement shall be in effect for the period commencing on the effective
date hereof and terminating on December 30, 2020. Costs may not be incurred after December
30, 2020. Notwithstanding anything herein to the contrary, Subrecipient's obligations to the City
shall not end until all close-out requirements are completed, including, but not limited to, such
things as making final payments, disposing of program assets, and retention of records. Also,
notwithstanding the foregoing, the term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which CNHS remains in control of CRF funds
or other assets, including Program Income or for any audits requiring repayment of any funds
unlawfully spent under this Agreement.
SECTION 2: ADMINISTRATIVE REQUIREMENTS
L Applicable Laws and Regulations. CNHS shall comply with the requirements
of the CRF Subrecipient Agreement, and other laws and regulations and regulatory guidance
governing the use of these funds, whether set forth herein or not, and any amendments or policy
revisions thereto which shall become effective during the term of this Agreement. It is
Subrecipient's responsibility to read, understand, and comply with these requirements. In
addition, CNHS shall abide by any and all other applicable federal or state laws, rules, regulations,
and policies governing the funds provided under this Agreement, whether presently existing or
hereafter promulgated. CNHS shall also comply with all other applicable federal, state or local
laws, statutes, ordinances, rules and regulations.
2. Procurement/Subcontracting/Third Party Contracts. If Subrecipient hires
contractors, Subrecipient shall procure all material, property, or services in accordance with state
and local requirements and the requirements of the CRF Subrecipient Agreement. Third parties
may be procured for a variety of services. Subrecipient shall insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair, full, and open competition basis in
accordance with applicable procurement requirements and secure at least three (3) price quotes or
bids, as applicable. Subrecipient shall incorporate, in any and all bid documents and contracts with
third parties, the provisions required in the CRF Subrecipient Agreement. Subrecipient shall not
enter into any subcontract with any entity, agency or individual in the performance of this
Agreement without the written consent and approval of the City's Economic Development and
Housing Department prior to execution of the agreement or contract. CNHS agrees to furnish to
the Economic Development and Housing Department Director or Assistant Director a copy of
each third -party contract it enters into an agreement with for the performance of work to be
undertaken within the scope of this Agreement along with documentation concerning the selection
process. The lowest and most responsive bidder shall be recommended by Subrecipient to the
City's Economic Development and Housing Department. Subrecipient shall require and monitor
compliance by all contractors, subcontractors and other third parties. Subrecipient will monitor
all subcontracted services on a regular basis to assure contract compliance. The City shall not be
obligated or liable hereunder to any party Subrecipient enters into agreements with for the Project.
3. File Management and Record Retention relating to CRF Eligible Persons or
Sponsors: Subrecipient must maintain a separate file for every applicant, Eligible Person, Sub -
Grantee or Sponsor, regardless of whether the request was approved or denied.
a. Contents of File: Each file must contain sufficient and legible documentation.
Documents must be secured within the file and must be organized systematically.
b. Record and File Retention: Local governments are required to retain records and
other relevant documentation for each applicant, Eligible Person, Sub -Grantee or
Sponsor for five fiscal years after funds have been expended or five years after the
expiration of a use restriction agreement and accounted for and/or satisfaction of
loans, whichever is later, provided applicable audits have been released.
i. The minimum requirements for documentation of award depend upon the
type of assistance awarded and the funding sources. Every file should
contain a section of notes and a file checklist, which tracks the efforts and
progress of obtaining necessary documents. The checklist is a useful tool
for all persons who must have access to the file. However, this checklist
may be modified to accommodate a local government's need for additional
documentation.
ii. Eligible Sponsors(developers) who are awarded funds have the
responsibility for maintaining clear and accurate files on project recipients
and activities. Subrecipient must monitor the Eligible Sponsors files on a
regular basis to ensure that all information is collected that will be needed
for reporting. Subrecipient must also review the file documentation to
ensure that assistance is awarded to Eligible Persons and that all project
activities conform to program requirements.
iii. In cases where a Sub -Grantee is used to administer CRF, Subrecipient is
ultimately responsible for program compliance.
iv. All other records that document the award or expenditure of CRF funds
must be retained for five fiscal years after the funds have been expended or
five years after the expiration of a use restriction agreement and accounted
for and/or satisfaction of loans, whichever is later, provided applicable
audits have been released. This means that for cases that were assisted
Subrecipient must retain all records no less than five years after the loan
has been satisfied, provided audits have been released, whichever is later.
Housing records of this type include, but are not limited to:
1) applications;
2) program and set-aside records;
3) housing agreements;
4) income verifications and
5) other records as required by Florida Housing or federal, state and
local law or regulations.
v. Records must be retained in electronic form. The standards used must
comply with the Florida Administrative Code. Local record retention
requirements may be stricter than the State.
c. Access to Files: City, Florida Housing or any duly authorized representative shall
be permitted to inspect any files relating to CRF Eligible Person or Sponsors
including but not limited to advertisements, applications, income verifications and
certifications, plan participation contracts, financial records, tracking system
records, construction cost verification including receipts and contracts, rental
development annual reviews, Eligible Sponsor reviews, Eligible Sponsor award
lists, CRF fund recipient lists, and any other applicable documents at any
reasonable time with or without notice. Such records shall be maintained within
the participating county or eligible municipality at a place accessible to the
Corporation staff or its designated monitoring agent.
4 Files Management and Record Retention relating to Subrecipient and
Administration of this Agreement:
a. The Subrecipient shall maintain books, records, and documents in accordance with
generally accepted accounting procedures and practices which sufficiently and
properly reflect all expenditures of funds provided by the City under this
Agreement.
b. Contents of the Files: Subrecipient must maintain files containing documentation
to verify all compensation to Subrecipient in connection with this Agreement, as
well as reports, records, documents, papers, letters, computer files, or other
material received, generated, maintained or filed by Subrecipient in connection
with this Agreement. Subrecipient must also keep files, records, computer files,
and reports that reflect any compensation it receives or will receive in connection
with this Agreement.
c. Record and File Retention: Subrecipient must maintain these files for five years
after the end of the applicable fiscal year, except that, if any litigation, claim or
audit is commenced with respect to the transactions documented by such files
before the end of the aforementioned five-year period and extends beyond the
expiration of the five-year period, these files must be retained until all litigation,
claims, or audit findings involving the files have been resolved.
d. Access to the Files: As a condition of receiving state or federal financial assistance,
the City and its representatives, and as required by sections 20.055(6) and
215.97(5), Fla. Stat., Florida Housing, the Chief Inspector General of the State of
Florida, the Florida Auditor General, or any of their authorized representatives
shall enjoy the right to access any documents, financial statements, papers, or other
records of the Subrecipient that are pertinent to this Agreement, in order to make
audits, examinations, excerpts, and transcripts. Upon reasonable notice,
Subrecipient and its employees shall allow the City or Florida Housing or its
agent(s) access to its files and personnel for interview purposes during normal
business hours, 9:00 a.m. to 5:00 p.m., Monday through Friday, provided such day
is not a holiday.
e. Return of the Files: In the event this Agreement is terminated, all finished or
unfinished documents, data, studies, computer files, correspondence, and other
products prepared by or for Subrecipient under this Agreement must be submitted
to the City within 15 days of such termination at the expense of Subrecipient.
5. Compliance Monitoring: Subrecipient must be subject to compliance monitoring
during the period of performance in which funds are Expended and up to three years following
the closeout of all funds. In order to assure that the program can be adequately monitored, the
following is required of Subrecipient:
a. Subrecipient must maintain a financial tracking system that ensures that CRF funds
are expended in accordance with the set-aside requirements, deadlines, and other
requirements in this agreement.
b. Subrecipient must maintain records on all awards to Eligible Persons or Sponsors.
These records must include, but are not limited to:
i. Proof of income compliance;
ii. Proof of homeownership;
iii. Proof of use of FEMA proceeds;
iv. Documentation of payments made on the award; and
v. Documentation of the value/sales price of the unit, as applicable.
6. Program Income: Program Income realized by Subrecipient prior to the final
closeout of CRF must be deposited and used for eligible CRF activities. After fmal closeout of
CRF, funds realized as Program Income must be returned to the City.
7. Recaptured Funds: Recaptured Funds realized by Subrecipient prior to the final
closeout of CRF must be deposited and used for eligible CRF activities. After fmal closeout of
CRF, Recaptured Funds must be returned to the City.
8. Compliance with all Applicable Laws and Regulations: Subrecipient must
comply with all applicable federal, state and local laws, rules, regulations, and ordinances in
administering CRF under this Agreement. Subrecipient acknowledges that this requirement
includes, but is not limited to, compliance with all applicable federal, state, and local health and
safety rules and regulations. Subrecipient further agrees to include this provision in all contracts
with Eligible Persons, Sub -Grantees, Sponsors or subcontracts issued as a result of this
Agreement. Subrecipient's failure to comply with any part of this provision is material and must
be grounds for termination of this Agreement for cause by the City.
9. Indemnification: Nothing contained in this Agreement shall be construed to be a
waiver by either party of any protections under the doctrine of sovereign immunity, Section
768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be
construed as consent by either party to be sued by third parties in any matter arising out of this
Agreement.
10. Insurance: Subrecipient agrees to carry liability and other appropriate forms of
insurance. The City and Florida Housing shall have no liability except as specifically provided in
this Agreement.
11. Severabilitv: If a court deems any provision of this Agreement void or
unenforceable, that provision shall be enforced only to the extent that it is not in violation of law
or is not otherwise unenforceable and all other provisions shall remain in full force and effect.
12 Entire Agreement: This Agreement, and all exhibits annexed hereto which are
incorporated herein by reference, collectively represent the entire agreement of the parties and the
same supersedes any and all previous agreements of any kind. Any alterations, variations,
changes, modifications, or waivers of provisions of this Agreement shall be valid only if reduced
to writing, duly signed by all of the parties hereto, and attached to the original of this Agreement.
13. Lobbying: In accordance with Section 216.347, Fla. Stat., Subrecipient is hereby
prohibited from using funds provided by this Agreement for the purpose of lobbying the
Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, Fla.
Stat., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or
otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used
by any state employee or other person for lobbying purposes.
14 Files Subiect to Florida's Public Records Law: Any file, report, record,
document, paper, letter, or other material received, generated, maintained or sent by Subrecipient
in connection with this agreement is subject to the provisions of Section 119.01-.15, Fla. Stat., as
may be amended from time to time (Florida's Public Records Law). Subrecipient represents and
acknowledges that it has read and understands Florida's Public Records Law and agrees to comply
with Florida's Public Records Law.
15. Personally Identifiable Information (PII); Security:
a. If Subrecipient or any of its subcontractors may or will create, receive, store or
transmit PII under the terms of this Agreement, Subrecipient must provide for the
security of such PII, in a form acceptable to the City, without limitation, non-
disclosure, use of appropriate technology, security practices, computer access
security, data access security, data storage encryption, data transmission
encryption, security inspections and audits. Subrecipient shall take full
responsibility for the security of all data in its possession or in the possession of its
subcontractors and shall hold the City harmless for any damages or liabilities
resulting from the unauthorized disclosure of loss thereof.
b. If Subrecipient or any of its subcontractors may or will create, receive, store or
transmit PII under the terms of this Agreement, Subrecipient shall provide the City
with insurance information for stand-alone cyber liability coverage, including the
limits available and retention levels. If Subrecipient does not carry stand-alone
cyber liability coverage, Subrecipient agrees to indemnify costs related to
notification, legal fees, judgments, settlements, forensic experts, public relations
efforts, and loss of any business income related to this Agreement.
c. Subrecipient agrees to maintain written policies and procedures for PII and/or data
classification. This plan must include disciplinary processes for employees that
violate these guidelines.
d. Subrecipient agrees at all times to maintain reasonable network security that, at a
minimum, includes a network firewall.
e. Subrecipient agrees to protect and maintain the security of data with protection
security measures that include maintaining secure environments that are patched
and up to date with all appropriate security updates as designated by a relevant
authority (e.g. Microsoft notifications, Common Vulnerabilities and Exposures
(CVE) database, etc.) Subrecipient agrees that PII shall be appropriately destroyed
based on the format stored upon the expiration of any applicable retention
schedules.
f. Subrecipient agrees that any and all transmission or exchange of system application
data with the City and/or any other parties shall take place via secure Advanced
Encryption Standards (AES), e.g. HTTPS, FTPS, SFTP or equivalent means. All
data stored as a part of backup and recovery processes shall be encrypted, using
AES.
g. If Subrecipient reasonably suspects that a cybersecurity event or breach of security
has occurred, they must notify the City's Contract Administrator within 48 hours.
h. In the event of a breach of PII or other sensitive data, Subrecipient must abide by
provisions set forth in Section 501.171, Fla. Stat. Additionally, Subrecipient must
immediately notify the City in writing of the breach and any actions taken in
response to such a breach. As the information becomes available the statement
must include, at a minimum, the date(s) and number of records affected by
unauthorized access, distribution, use, modification or disclosure of PII;
Subrecipient's corrective action plan; and the timelines associated with the
corrective action plan.
16. Other Provisions:
a. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Pinellas County.
b. No waiver by the City or Subrecipient of any right or remedy granted hereunder or
failure to insist on strict performance thereof shall affect or extend or act as a
waiver of any other right or remedy of the City or Subrecipient hereunder or affect
the subsequent exercise of the same right or remedy by either party for any further
or subsequent default. A waiver or release with reference to any one event shall not
be construed as continuing or as constituting a course of dealing.
c. Any power of approval or disapproval granted to the City under the terms of this
Agreement shall survive the term of this Agreement as a whole.
d. The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
e. Should a conflict arise as between this Agreement and the CRF Subrecipient
Agreement (attached as Exhibit "B"), the requirements of the funding source under
the CRF Subrecipient Agreement shall control.
The Remainder of this Page Intentionally Left Blank
IN WITNESS WHEREOF, the parties hereto have executed these presents and
have set their hands and seals this vi (/'► day of,Q; 2020.
ATTEST:
By
Rosemarie Call,
STATE OF FLORIDA
COUNTY OF
PINELLAS
CITY OF CLEARWATER, FLORIDA, a municipal
corporation organized and existing under the laws of the State
of Florida
By: V V . bL
William B. Horne II, City Manager
Clearwater Neighborhood Housing
Services, Inc., a Florida non-profit
corporatio
By:
Title:
Print Name:
�5'RN !U,
Date:
D� LG
THE FOREGOING CRF AGREEMENT was acknowledged before me by means ofli Tp iysical
presence or 0 online notarization, this Z) \ .oaa (date) by William B. Horne II, the City
Manager of the City of Clearwater, who is personally known to me or who has
produced (type of identification) as identi ication.
Ir Ay
•
NOTARY PUBLIC
Ofir% Scott Burrows Print Name: s cis-7*—eu ecOLOS
My Commission Expires: p Ut 1 Zr Oa-a-
sz COMMISSION # GG261179
• EXPIRES: October 1, 2022
0% Bonded Thru Aaron Notary
APPROVED AS TO FORM
for the use and reliance of the City of Clearwater,
Florida, only.
LauraMahony, Sr. Assistan ,ity Attorney, City of
Clearwater, Florida
Exhibit Index
Exhibit A — Standards of Eligibility
Exhibit B — CRF Subrecipient Agreement between the City and Florida Housing Finance Corporation
Exhibit C — Additional Program Requirements
Exhibit D — Budget
Exhibit "A"
INCOME LIMITS
Household Size
120% AMI
1 Person
$59,160
2 Persons
$67,560
3 Persons
$75,960
4 Persons
$84,360
5 Persons
$91,200
6 Persons
$97,920
7 Persons
$104,640
8 Persons
$111,360
Exhibit "B"
CORONAVIRUS RELIEF FUND (CRF)
SUBRECIPIENT AGREEMENT
THIS FUNDING AGREEMENT ("Agreerrient") is entered into 'by. and among CITY OF CLEARWATER
("Subrecipient"), .a focal government that meets- the State Housing Initiatives Partnership ("`SHIP").
Program eligibility requirements, and FLORIDA HOUSING FINANCE CORPORATION ("Florida. Housing" ),. a
public body corporate ar'id politic duly created and existing under the laws of the State of Florida. Upon,
;execution by both parties; this Contract -.shall become effective *as- of the date the fast party signs
("Effective Date").
WITNESSETH:
WHEREAS, the Coronavirus (COVID-19) emergency has caused disruption in Florida'seconomy leading.
'to high rates Of unemployment and business closures;
WHEREAS, Many Floridians are in need of assistance with rental -payments; mortgage-paymentsand
home repairs;
WHEREAS/the-State of Florida has been awarded funds pursuant to, section .601(d) of the Social
.Security -Act, as.amended by.section 5001 of the. Coronavirus Aid, Relief, and Economic Security (CARES)
Act, Pub. L. No..,116-13.6; div. A, Title V(Mar. 27, 20Z0);
WHEREAS, a portion ofthe CARES Act F.unds.(designated the "Coronavirus lelief Funds or.CRF funds")
Will be•distributed by Florida Housing_,to and ad ministered by Eligible Local Governments (as defined
herein) and expended only for purposes authornzed by this Agreement;
WHEREAS, the Subrecipientand :Florida Housing wish to enter into this Agreement which will;govern
the disbursement and expenditure of CRF funds;
NOW, THEREFORE, in consideration:of the foregoing, the parties hereto agreeas follows:
A.
,Recitals: The recitalsstated above are true and correct, are _incorporated herein, and forman
integral partof this Agreement.
B_
Definitions:
1. "Administrative Expenditures"`means funds, not to exceed 10.% ofthe-allocation, expended
by Subrecipjent to carryout the activities of CRF. This` expense may include salaries• and
benefits'of staff, office' supplies. and equipment, required travel, advertising, recording costs;
"Annual income" means annual income as defined. under the .Section 8 housing assistance
`payments programs in24 C.F.R. part 5;'annual income as reported under the census long form
for the recent available decennial' census;. or adjusted gross income as defined for -purposes
of reporting.under-internal Revenue Service Font. 1440 for individual federal annual income
tax purposes..
3. "Eligible Housing" meansranyreal and personal property located within the county or eligible
municipality which' is designed and intended for the primary purpose of providing decent,
1
Agreement #106-2020
"Coronavirus Relief Fund (CRF) FundingAgreement
-safe,. and sanitary residentiai units that are designed to meet the Standards of the Florida
Building Code or previous budding Lodes 'adopted under Chapter 553, Fla_ Stat., or
manufactured housing constructed -after June 1994 and installed in accordance with the
installation standards for mobile or manufactured homes contained in rules of the
Department af Highway Safety and Motor Vehicles, for homeownership or rentaffor Eligible
Persons as designated by $ubrecipient.
4. "Eligible Local .Government" means a local government in Florida that meets the SHIP
Program eligibility requirements.
5. 'Eligible. Persons" or "Households" means one or more natural persons or a family
determined by Subrecipient to be earning not more than 120% of the area .rnedlan income
accordingto the incoinelimits adjusted to family size pubtlshed annually by'Florida Housing.
6. "Eligible Sponsor" means a person ora private or, public for-profit ornot-for-profittentitythat
applies for an award. under CRF' for the purpose of providing Eligible Housing for Eligible
Persons,
? 'Expended" means the affordable housing activityy is complete.
;8. "Program lncrime° :means proceeds derived from interest earned an or investment of the
funds, proceeds from' loan repayments, recycled funds; and all other income derived front use
of CRF funds
9. "Project Delivery Costs" imams those costs related to the delivety of housing related services
to an eligible appiicatitthat are not included:as part of Administrative Expenditures:
10. "Sub -Grantee" means a person or organization -contracted by a Subredpient that is
compensated with CRF funds to provide -administration of any portion of the CRF:
C. Allocation. and. Use of Funds:.
1. Amount of Funds Available to Subrecipient The total funds made available. to Subrecipient
under this Agreement is:.$375,576
2. Disbursement of Funds. to Eligible Subrecioients: The: available funds -willbe disbursed to
Subrecipient for activities. described in Item C.4., below. Funds will be°disbursed in up to•two
payments,. the amount of each to be determined by Florida Housing. The first payment -for
the %II amount in item C.I.' above will occur upon execution of this Agreement. Subjeet to
the termt of this paragraph, a second payment may be disbursed no later than October 1,
2020. if Florida Housing determines that the Subrecipient has failed to make: satisfactory
progress in meeting the requirements of this Agreement or has otherwise failed to
satisfactorily perform under the terms of this Agreement,_ the, funds: representing the second
payment may be withheld by. Florida Housing pending resolution of the issues goring rise to
the lack of progress or failure to perform satisfactory to Florida Housing which. may include a
written plan to address the issues prepared by the Subrecipient and submitted to Florida'
Housing for approval.
Agreement 406-2020
Coronavirus Relief Fund (CRF)•FundingAgreement
3. Establishment of CRF Trust Fund: Subrecipient must establish and, maintain a CRF trust fund
or a pooled account Where CRF funds are clearly designated;
4. Expenditureof Funds: by Subrec"spient: CRF funds shall be.Expended by Subrecipient for the
following:
a. Direit•CRF Administrative Expenditures and 'Pro1ect Delivery Costs incurred on :or after
March 1, 2020 in an amount no. more than a -cur iulative 10 percent of CRFfunds incurred
by Subrecipient, a' consultant to Subrecipient, andjor a Sub -Grantee. CRF funds shall not
be used to pay for Administrative Expenditures and Project Delivery Costs incurred prior
to March 1, 2020.
b. Housing counseling services, direct rental assistance, relocation costs and awards to assist
Eligible Housing:for Eligible Persons -or Households or Eligible Sponsors
c: .CRF funds may be used for the fallowing pre -approved program purposes or a tivities:
i. Rental -assistance payments. (includlhg back rent, deposits and utility payments),
IL Mortgage payments and buydowns;
iii. Emergency repair ofhousing;
iv. Assistanceto homeowners to pay insurance deductibles;
v. Housing re-entry assistance, such. as security deposits, utility deposits, and
temporary storage of household furnishings,:
'vi. Foreclosure or eviction prevention, including monthly rent and associated: fees;
and
vii: Homeownership counseling..
All other activities must 'be presented in writing -to; Florida Housing and approvett in
writing prior to implementation..
5. Term: The period of performance, for this grant is March 1, 2020 — December' 30,.2020. In
executing this Agreement,,Subreciplent is certifying that all. CRF funds will" be Expended by
December 30, 2020. The term of this agreement .will be from the Effective Date through
March 31, 2021.
6. Advertisement of Availability of Funds: 0 CRF funding .availability shall be advertised by
Subrecipient In both a newspaper of general circulation and, where available, periodicals
serving racially, .ethnically and Income diverse neighborhoods, at Least ID days before the
beginning of the application period. This 10 -day period does nor prevent assistance to
applicants that have already applied and been determined eligible prior to the application
period. At a minimum, the advertisement shall contain:
a. The amount of funds• projected to be received -from Me state for the fiscal year{s}
b. The beginning and: ending date Of the application period;
c. The name of the contact person.and other pertinent information where applicants may
apply for assistance (phone;nurnber3 address; email, :and hours of operation} .
Repayments::
a. The Subrecipient shall only expend funding under this Agreement for allowable costs
resultingfrom obligations incurred during the eligible period of performance. The
Subrecipient shall .ensure that its contractors, subcontractors, and consultants. only
3
Agreenent,#106-202Q
Coronavirus-Reiief Fund; (CRF) Funding Agreement
expend funding under this Agreement for allowable'- costs resulting from obligations
incurred during the period of performance.
b. The Subrecipientshap:-refund to Florida Housing any unobligated funds which have been
advancedorpaid to the Subrecipient upon termination ofthisAgreeriment.
c, Any unexpended funds under this Agreement, inctuding'.unexpended program income
earned, must be returned to Florida housing upon.termination of this Agreement.
•d. Uport'°termination of this Agreerttent, or upon any determinationmade indicating such,
the Subrecipient shall refund,toFlorida Housing any hinds: paid in excess of the amount
to which the Subreciplentor its contractors, subcontractors; or consultants are entitled
under the terms and conditions of this Agreement:
e: The Subr'eclplent shall refund to Florida Housing any.funds;not spent in. accordance with
the conditions of this.Agreement Or applicable law: Such reimbursement shall be.sent to
Honda Housing within 30 -calendar days front Subrecipienfs receipt of notification of such
non=compliance.
The Subrecipient'.s obligations under this section will survive the termination of the
Agreement.
f.
'8. Performance under this Agreement is subject to 2 CF.R. Part 200, entitled "Uniform
Administrative -Requirements, Cost Principles and Audit Requirements for Federal Awards."
9. Single Audit Act: Funds payments are considered to befederal financialassistance subject to
the Single- Audit Act 131 U.S.C. §§ 7501,7507) and the related provisions of the Uniform
Guidance,: Tire Subredipientshall' conduct a single or program-spedfic audit in accordance
with the provisions of 2 C.F.R. Part 200 and the related provisions of the Uniform -Guidance, if
if expends more than $750,000 or more in Federal awards frorn all sources during its fiscal
year. The.Catalog ofFederal Domestic Assistance (CFDA) number for these funds is 21.019.
D. Application for CRF Eligible Person or Household Assistance: Subrecipient shaIl establish criteria
for CRF assistance and deveiop an applicatton for CRF eligibility.
a.
The application for assistance; should contain all the necessary reformation to determine
whether -.an applicant household is potentially eligible for CRF assistance, In accordance with
the provisionsof Sections 760.20-760.37, Fla. Stat., it is unlawful to discriminate on the basis
of• rate, religion, color, sex, familial status, national origin, or handicap in the award
application processforEligibte Housing.
b. At a minimum, an application for program assistance should contain the following items for
each household members
I. Th+e`number-of people residing in the household including name, age, relationship`to head-
ofhousehold, current address and home,phone.number
it. Name and address'of employer(s), work phone number(s), posltlon .title and number of
years- on job with employer;
Sources^ofannual income, including earned, unearned and asset income, and a.statement
;signed by all of the'adults who reside yin the household consenting to the disclosure of
information for the purpose of verifying income and assets for -determining income
eligibility for program assistance.
iv. A signed statement indicating that the applicant understands that all information
provided is subject to Florida's public records laws.
Agreement #106-2020'
coronavirus Relief Fund (CRF) Funding Agreement
A statementthat it is a first-degree misdemeanor to falsify information for. the .purpose.
of obtaining.assistance.
E. .Allowable Rental Assistance CSubsidies): Assistance may be provided as direct rentai.assistanceto
Eligible Persons in anyofthe following manners
1. Security and utility depdsit .assistance.to secure temporary or permarient;.rental housing;: or
2. Eviction prevention not to:exceed 10 months' rent; or
3. A rent subsidy program for incoriie eligible households that are `displaced from 'rental units
.thatare uninhabitable; or
F. Allowable Mortgage Payments: Mortgage payment assistance may be awarded to .eligible
applicants. This may include;principie and interest, insurance,; and homeowner association fees.
Real Estate taxes:paid'to a government entity are no eligible.
G income Categories:.All. households assisted must be at or below 120%of the area median income.
H. CRF Eligible Person Award Terms: CRF.funds awarded directly to.Eligibie Persons must bein the
form of a.grant, deferredloan or hard payloan.
1. Reporting.' Requirements: The Subrecipient must provide Florida Housing with monthly reports
;beginning on October 1, 2020 and a closeout report by February 15, 2021. These funds 'must
include<the current status and progress of the :expenditure: offunds under this Agreement, in
• additlonto;any other information requested by Florida Horsing. All funds must be.accounted>for
on the CRF Data Upload Formals provided by Florida Housing. quarterly reports are due to Florida
Housing no later than 15 days after -the end of each quarter. The first quarterly report .due
pursuant tat his agreement is due for the.quarter ending September 30,2020.
Prograin Compliance
1.. File Management and Record Retention relating. to CRF Eligible Persons. or Sponsors:
Subrecipient must maintain a separate file for every -applicant, Eligible Person, Sub -Grantee
or Sponsor, regardless of -whether the request was approved or denied.
a. Contents of File: Each file must contain sufficient and legible documentation. Qom:tents
must be secured within the file and must be organized systematically.
b. Record and File Retention: Local governments are -required to retain records and other
relevant documentation'foreach applicant, Eligible Person, Sub:Grantee or:Sponsor for.
'five fiscal years after funds have been expended or five years after the expiration,of.a use
restriction agreement, and accounted for and/orrsatisfactic n of loans, whikhever is later,
provided applicable audits have been released:
i. The 'minimum requirements for documentation of awarddepend upon the type
of assistance awarded and the funding sources. Everyfile.should contain asection
of notes. and a file checklist, which tracks- the efforts and ,progress of obtaining
necessary documents. The checklist is a useful tool for all persons who must have
-access to the, file.. However, this checklist may be modified to accommodate a
local government's `need for -additional documentation:
Agreenient:#1O& 2,020
Coronavirus Relief Fund '{G REI Funding Agreement
ii. Eligible SponsorsldeveloPersi-who are awarded funds havethe responsibility for
Maintaining clear and accurate files. bn project recipients and activities:
Subrecipient must monitor the Eligible Sponsors files on a regular basis;toensure
that all information is collected that will be -needed for repotting. Subreclpient's
housing'administrator Must also review the file -documentation to ensure that
- assistance is awardedto Eligible: Persons: and ttiat-all projectactivities conform to
program requirements..
incases where a Sub-Grantee's:used to administer CRF, Subrecipient is ultimately
responsiblefor program compliance::
iv: Alt other records that document the award or expenditure of CRF' funds Must be
retained for five fiscal years after the funds have -been, expended or five years
-after-the expiration of a use restriction- agreement and accounted for and/or
satisfaction: of loans, whichever is later, provided applicable audits have been
released. This means that for cases *that were assistedSubrecipient must _retain
all records no.,less-thanfive years after tate- loan has been satisfied,- provided
audits have been released, whichever is later: Housing recordsof this type
'include, but are not 'limited to
1) -applications;
2) program and set-aside records;
3) housing agreements;
4) income'verificatlons and
S) other records as required by Florida Housing or federal, state and Local
law or regulations..
+. Records .Must be retained in electronic form. The standards used Must comply
With the Florida-Adrninistrative•Code: Local record retention requirements may,
be,strilcterthan the State:
c. *Access to Files: Florida Housing.or any duly authorized representative shall be permitted
to inspect any files relating to CRF Eligible Person orSponsors including but not limited to
advertisements, applications,, income verifications and.certifications, plan .participation
contracts, financial records, tracking system records, construction cost verdicatlon
including• receipts' and contracts, rental development- annual reviews, Eligible Sponsor
:reviews, Eligible Sponsor award lists, CRF -fund recipient. lists,, and any otherapplicable
documents at any .reasonable time with or :without notice, Such records shalt be
maintained wlthin.the participating county or ekgibxe: nunlcipaltiiy eta; place accessible to'
the Corporation staff or its designated monitoring agent.
2.. Files Manaaent and Record Retention reiatine to Subreapient and Administration of this
Agreement:
a. The Subreciplent shall maintain. books,records, and documents in accordance with
generally accepted accountrn procedures and practices which sufficiently and properly
reflect all expenditures of funds provided, by Florida Housing under this Agreement.
b. :Contents of the Files: 'Subreapient Must maintain files containing documentation to:
Verify alt compensation to.Subrecipient;in.connecttion with this Agreement, as well as
reports, records; documents, papers,, tetters, computer files,;ot'other material received,.
generated, maintained or filed by Subrecipient in connection with this Agreement.
Subreclpient must also keep files, records, computer files, and reports that reflect any
compensation it' receives or -will receive. in connection with this Agreement.
Agreemen,#1f2OZ0
coronavirus Relief Fund (CRF) Funding Agreement
c. Record.and File Retention: Subrecipient must maintainthese files for five years after the
end'ofthe applicable fiscal year, except that, if any -litigation, claim or audit is c immenced
with respect to the transactions documented by such files before the end of the
aforementioned five-year period and extends beyond the expiration of the five-year
period,.these'f€les must be retained until all litigation, claims, or audit findings involving
the :f<les' have been resolved.
d. Access -to the' -Files:. As. a condition of -receiving state or federal financial assistance, and
as required: by -sections 20.055(6) and .215.97(5), Fla. Stat., Florida Housing, the Chief
Inspector General of the State of Florida, the Florida Auditor General, or -any of their
authorized representatives shall enjoy the, right to access any documents, financial
statements, papers, or other. records of the Subrecipient that :are pertinent to this
Agreement, in order to makeaudits, examinations, excerpts, and transcripts. Upon
reasonable notice, Subrecipient 'and• its 'employees shall -allow Florida Housing or its
agent(s) access to its files and personnel foe interview purposes during normal. business
hours, 9:1C)0.a.m. to 5;00 p.m., Monday through Friday, provided such day is. not holiday.
e. Return of the Files: In the event this Agreement is terminated, all finished or unfinished
documents, data,.studiesr-computer files, correspondence, and other products prepared
by or forSubreecipient under this Agreement must be submitted to Florida. Housing within
15• days of such terminatlon at the expense of Subrecipient,
3. Compliance Monitoring: Subrecipient mustbe subject to compliance monitoring during the
period of performance in which funds are Expended and up to three years following the
closeout of all funds. in order to assure that the program can beadequately monitored, the
foilowing,is required ofSubrecipient:
a. Subrecipient must maintain .a. financial tracking -system provided by Florida Housing that
ensures that CRF funds are Expended in accordance with the set-aside requirements,
deadlines, and other requirements in this agreement,
b. Subrecipient must maintain records -on all' awards to Eligible Persons orSponsors. These
records must 'include, but are not limited to:
I. Proof of'incorite compliance;
R. Proof of homeownership;
iii. 'Proof of use of FEMA proceeds;
iv. -Documentation of all required inspections including mold remediation and wood
.destroying organisms;
v. Documentatlonof any.required remediation;
v€. Certificate of -Occupancy
vii. Placed in Service documentation;
v111. Proof of contract or eligibility;
ix. Documentation of payments made ort the award; and.
x. Documentation ofthe value/sales price;ofthe unit,. as applicable.
4. Cooperation with Inspector.General: Stibreclpient understands its duty, pursuant to Section
,20:055(5), Fla. Stat., to cooperate with Florida Housing's Inspector General in any
innestigatiion, ai. dit, inspection, review, .Or bearing. Subhecipient will comply with this' duty
and ensure that'' any contracts issued funder this Agreement impose this requirement, In
writing, on itssubcaontrectors.
Agreement #106-2020`
Coronavirus Relief.FunidicRF) Funding Agreement
5. Technical Assistance: Training and technical assistance is available to Subrecipientto assist in
the development. and implementation Of the CRF. Thistechnicalassistance shall be provided
by Florida Housing staff and FloridaHousing's Catalyst contractor.
6. Program •„lucerne: Program income realized* Subrecipient prior:to the final closeout of CRF
must be deposited and used for. eligible CRF activities. After final closeout of CRF, funds
realized as Program Income.must-be returned to Florida Housing;
7. Recaptured Funds: Recaptured Funds realized by Subretipient:prior to the final closeout of
CRF ,must be deposited' and used for eligible CRF activities- After final closeout of CRF,
Recaptured Funds mast be returned to Florida Housing.
K. Contacts
1. Florida Housing's contract administrator forthis:Agreement is:
Contract Administrator
Florida Housing Finance Corporation
227 North Bronough St., Suite 5000
Tallahassee, Florida 32301-1328
Phone: '850.488.419.7
E-mail: Contract.Admin@floridahousing.org
2.. Tile Florida Housing_prograrn contact for this -Contract is:
Robert Qearduf f,, Assistant Director of special Programs.
Florida Housing Finance Corporation
227 North Bronough St. Sutte:5000
Tallahassee, Florida 32301-1329`
Phone: 850.488.4197
E-mail: RoberCDearduf€@fioridahousing.org
br the designated successor.
3 The Grantee'scontract administrator for this. Contract is:
Terry.Malcolm-Smith, Housing Coordinator
600 Cleveland Street,,Suite 600
Clearwater, Flo€iris 337,55
Phone! 727:562.4036
E-mail:terry.makoim-smith@myclearwater com
or the designated successor.
2 CFR Appendix It to Part 200 - Contract Provisions for Non -Federal EntitvCQntracts Under Federal
Awards- In addition to other provisions required by the Federal agency or non -Federal entity, all
contracts made by the non -Federal entity under the Federal award must contain provisions
covering the following, as applicable:
(A) Contracts for more than the simplified acquisition threshold currently set at $150,600, which
is the. inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 4.1. U.S.C. 1908, must address=
administrative, Gontractual,'or. legal remedies in instances where contractors violate or breach
8.
Agreement ##1,06.-2QZQ'
Coronavirus Relief Fund (CRF) Funding Agreement
contract terms, and provide for such; sanctions andpenalties as. appropriate.
(B) All contracts in excess of 510,000 must address termination for cause and for converitence by
the non -Federal entity including the manner by .which it will be effected and the basis for
settlement.
(C) Equal Employment- Opportunity. Except as otherwise provided under 41 CFR Part 60 all
contracts that meet the definition of "federally:assistedconstruction contract" in 41 CFR Part60'-
1.3
0=1.3 mutt include the equal opportunity clause provided under 41.CFR6O-1.4(b), in accordance
with ,Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part,
1964.1965 Comp., .p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity)" and implementing regulations at41 CFR part;
LO, "Office of Federal Contract Con pliance Programs, Equal Employment Opportunity,
De pertinent of Labor."
(D) Davis -Bacon Act, as amended (4�9 U.S.C. 31413148). Whenrequired by Federal program
legislation,all prime construction contracts in excess af $2,000 awarded by non -Federal entities
must include a provision for compliance with -the Davis -Bacon Act(40 U.S.C. 3141-3144, and 3446-
3148) as supplemented by Department of Labor regulations (2Y CFR: Part 5, "Labor Standards
Provisions Applicable.to Contracts. Covering Federally Financed and Assisted Construction"). In
accordance -with the statute, contractors must be required 'to pay wages to laborers and
mechanics at a rate not less than the prevailing wages, specified in a wage determination made by
the Secretary of Labor. In addition, contractors must be required to pay wages not less than once
a week. The non -Federal entity must place:a copy of the- cur:rent'preyailingwage determination
issued by the department of 'Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon theacceptance of the wage -determination. The non -
Federal entity must report all supected or reported violations to the Federal awarding agency.
The contracts Must also include a provision for compliance with theCopeland "Anti -Kickback» Act'
(40 U.S.0 3146), as supplemented by Department of Labor regulations (29 -CFR Part 3
°Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
byLoans or Grants from the United States"). The Act provides that each contractor or subreciplent
must. be prohibited from inducing, by any means, any person employed in the construction,
completion,.or repair of public work, to give up any part of the .compensation to which he Or she
is otherwise entitled. The non -Federal entity Must report allsuspected or reported violations to
the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act 40 U.S.C. 3701-3708). Where applicable, ail
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for cornpliarice with 40 U.S.C. 3702 and 3704,
'as supplemented by Department of Labor regulations (29 CFR Part•S). Linder40 U.S C.. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of.40 hours. Work in excess of the Standard workweek is
permissible provided that the worker is compensated at a rate of not less than one and a half
times the .basic rate of pay for allhours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and .provide that no laborer
or mechanic' must be required to work in surroundings or under working conditions which are
unsanitary), hazardous or -,dangerous. These requirements do. not apply to -the purchases of
supplies of materials '.or articles ordinarily available on the open market, or contracts :for
transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. if the Federal award meets the
definition of "funding agreement' under 37 CFR '401.2 (a) .and the recipient or .subrecipient
wishes to enterinto a; contract with a small business firm or nonprofit organization regarding the.
9
Agreement if106-2020
Coronavirus .Reiief Fund'(CRF) Funding Agreement
substitution of parties, assignment': pr performance of experimental, developmental, or research
work tinder that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants,. Contracts and Cooperative Agreements,' and
any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.A.7401-7671a.) and the Federal Water Pollution Control Act 33
1251-1387), as amended - Contracts -and subgrazitsof amounts in excess of $150;000 niustcoritain
a provision that requires the non -Federal award to agree to comply with alf applicable standards;
orders or regulations: issued pursuant to the Clean AirAct (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended' 33 U.S.C. 1M -1387j. Violations must be reported to
the Federal awarding agency, and the Regional'Offlce of the Environmental Protection Agency
(EPA).
(H) Debarment and Suspension (Executive Orders 12549 and12689)-•A•contract award (see 2 CFR
180.220) Must not be made to parties listed -on the governmentwide exciusions,in'the System for
Award Management (SAM), in accordance, with the OMB guidelines at 2 CFR 180. that implement
Executive Orders -12549- (3 FR part' 1986 Comp., p. 189) and:12689 (3 CFR Dart 1989 Comp., p.
235), "Deba7rrirent'and Suspension.' SAM Exciusions contains the names -of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory orregulatory authority otherthan Executive Order 12549.
(1) Byrd Anti -Lobbying Arnendment.(31 U.S.C. 1352) - Contractors that apply or -bid -for an award
exceeding $100,000 must file the requlred.certfication. Each her certifies to the tier above -that it
will not and has not used Federal appropriatedfunds to pay any person or organization 'for
influencing or attempting to influence .an officer or employee of any agency, a member of
Congress,Officer or employee of Congress, or an erriployee of a member of Congress in
connection with:obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352.. Each tier must also disclose any :lobbying with. non -Federal funds that takes- place in
connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up
to,the non-Federaraward,
(J) See '§200.322 Procurement of recovered materials.
[78 FR 78608, Dec 26, 2013, as amended at 79 FR 75888, Dec.: 19; 2014]
M. Default and Remedies
1. rfariy of the -events listed in subparagraph 2. of this section ac:cur-; all obligations on the part
of Florida Housing to continue .doing business with Subresipient or assign any future
transaction to.Subredpientshall, if Florida Housing so elects, terminate and Florida Housing
may,• at its option, exercise any of its remedies set forth herein, or as otherwise;provided by.
law:, However, Florida Housing, may continue .doing business with the Subredpient as a
participant after the happening of any event listed in subparagraph 2. of this section without
waiving, the right to• exercise, such remedies, :without constituting a course -of dealing, and
without becoming liable to include the Subreciplent in the transaction or any future.
transaction(
The 'Events of Default shall' include, but not be limited to the, following:
a. if any report, information. or representation provided bySubrecipient in this Contract is
'inaccurate,, false or misleading in any respect;
19.
Agreement #106-2020
Coranavirus Relief Fund (CRF) Funding Agreement
b. If any warranty or representation made .by Subrecipient'in this 'Contract or any other
outstand€ng.,agreert°ent with Florida Housing is deemed by Florida. Housing -to be*
inaccurate, false or misleading in any respect;
c: lfSubrecipientfails to keep, observe, or perform any of the terns or covenants contained"
in this: Contract, or is:unabe or unwilling to meet its: obligations as defined in this Contract;:
:d. ifs in the sole discretion of.Florida. Housing, Subrecipient has failed to.perforrm or complete
any ofthe services identified in the attachments;
e. If Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules.
or Honda Housing policies appkcabletothe work,
If Subrecipient has discriminated on the 'grounds of race, color,. religion, sex, national
origin, or disability in performing any service identified hi the attachments:-
g.
ttachments;
g. if Subrecipient does: net•cornply with the terms and conditions setforth in Section
420.512(5), 'Fla. Stat.;
h; If Subrecipient cammits'fraud, in the Rerfarmance of its. obligations under this Contract;;
or
. If Subrecipient refuses "to permit public access to any document, paper, letter, computer
files, or other material subject to disclosure under Florida's, Public=.Records Law.
Upon the occurrence of any. Event of Defaultlisted in subparagraph 2. above, Florida Housingwill
provide written notice ofthe Default detailing the grounds thatconstitote•the Event of .Default,.
3. .Upon the occurrence of any Event of Defau(tlisted in subparagraph 2..abave, Florida Housing
may provide Subrecipient a reasonableperiod of tittle to cure the Event of Default (Cure
'Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Subreclpient>
of the length of the Cure Period In the Notice of Default.
4. If Florida Hotisingprovides a Cure Period and if the Si brecipient is - nable or unwilling to core
the Event of Default within the Cure Period, Florida Housing may exercise any remedy
permitted by law. The pursuit of anyone of the following remedies shall• not preclude Florida
Housing from pursuing any other remedies contained herein orotherwise:provided at law or
in equity. The remedies include,.but are not:limited to the following
Florida Housing may terminate the Contract on the 10'x' day:after Subrecipient receives
the Notice of Default or upon the conclusion of any applicable Cure Period, whichever Is
later;
b. Florida Housing may commence an appropriate legal or equitable -action to a tft:rce
performance of theterms and :conditions of this Contract:-
Florida
ontract,
Florida Housing may exercise any corrective or remedial -actions including, but not limited
to, requesting -additional information from Subrecipient=to determine the reasons for or
:s
Agreement 11106- 020
Coronavirus Relief Fund (CRF) Funding Agreement
the extent of non-compliance or lack of performance, issuing a written warning to. advise
that more serious measures may betaken if the situation is not' corrected, advising the
Subrecipient to suspend, discontinue or refrain from incurring fees or costs. for any
activities in question or requiring -the Subrecipientto reimburse Florida Housing for the
amount of costs incurred; or
Florida Housing may exercise any other rights or remedies that may :be otherwise
available under law.
N. Termination
1. Florida Housing may terminate the Agreement, without cause, at -any time upon 24-hour
written notice delivered by -courier service or electronic, mail to the. Subrecipient, from the
date sent from Florida Housing,
2. The Subrecipient may terminate. this Agreement, without cause, at anytime upon 10 days' -
written noticedelivered by courier se or electronic mail to Florida Housing at the physical
or electronic address, as applicable, of Florida Housing's Contract Administrator,
Contract.Admin@►floridahousing.org.The Subrecipient shall be.responsiblefor all costs arising
from the resignation of the-Subrecipient.:
3. Upon expirationortermination-ofthis Agreement, theSubrecipient shalltransfer'to-Florida
Housing any CRF-fundson hand at the time of expiration or termination,, and any accounts
receivable attributable to the use -of CRF funds.
0. General Provisions
1.. -Compliance with :all Applicable Laws and Regulations: Subrecipient must comply with all
applicable federal, state and local laws; rules, .regulations, and ordinances in administering;
CRF under this Agreement. Subreciplent acknowledges that this requirement includes; but is
not limited to,_compliance`with all applicablefederal, state, and local health and safety roles
and `regulations. Subrecipient further -agrees to include this provision in all contractswith
i:lgible Petsons,:Sub-Grantees, Sponsors or subcontracts issued as a result of Agreement.
Subreclpient`s failure to comply With 'any part" of this provision.` is material and mast be
grounds for termination of this Agreement for cause' by Florida Housing,
2. indemnification: Nothing contained in this. Agreement- shall be construed to be a waiver by
either party of any protections undersovereign immunity,:Section 768.28' Florida Statutes,or
any other;similar provision of law; Nothing contained. herein must be construed, to be a
consent by. either party to be sued by third parties -in any matter arising out oftbis Agreement
or any other:contract_
3. insurance: Subrecipient agrees to carry liability and otlierappropriate forms of Insurance.
Florida Housingshall have no liability except as specifically provided in this Agreement.
.4. Severability: If a court deems any provision of this Agreement void or unenforceable, that
provision shall be: enforced only to the extent that it is not -in violation of law or is not
otherwise unenforceable and all other provisions shall remain in full forte and effect.
Agreement 1606-2020
Coronevirue. Relief Fund (CRF) Funding Agreement
5. Entire Agreement: This Agreement, and all exhibits annexed hereto which are incorporated
herein by reference, collectively represent the entire agreement :of the parties and the same
supersedes any and all previous agreements of any kind. Any alterations, variations,, changes,
modifications, or waivers of provisions of this Agreement shallbe valid only if reduced to
writing, dulysigned by all of the parties hereto, and attached to the original of this Agreement.
6. Lobbvine: In accordance with Section 216.347, Fla. Stat., Subrecipient is hereby prohibited
from. using funds provided by this Agreement for the purpose of lobbying the Legislature, the
judicial branch or a state agency. Further, in accordance with Section 1.1:062, Fla. Stat., no
state funds, exclusive of salaries, travel expenses, and.:per diem, appropriated to, or otherwise'
available for use by, any executive, judiclaL or quasi-judicial department shall be used by any
state employee or other person for lobbying purposes.
7. Files Subiectto Florida's Public Records Law: Any file, report, record, document, paper, letter,,
or other material received, generated, maintained or sent by Subrecipient in Connection with
this agreement is subject to the provisions of Section 119:01-.1S, Fla. Stat, as may :,be
amended from :time to time (Florida's- Public Records Law). •Subrecipient represents and
acknowledges that it has read and understands Florida's P ablic-Records Law.and agrees to
comply with Florida's Public Records:Law.
If°Subrecip ent has questions regarding the application of Chapter119,
Florida Statutes, to.$ubrecipient's duty to provide public.records
relating to this contract, contact the Corporation Clerk ate
Corporation Clerk
227 N. Bronough Street, Suite 5000
Tallahassee, Florida. 32301-1329
Phone; 850:488.4197
E-mail: Corporation.Clerk@floridahousing.org
13. Personally identifiable Information (PM: Security:
a. If Subrecipient or any of its subcontractors may or will create, receive, store or transmit
P11 under the terms of`this Agreement, Subrecipient must provide for the security ofsuch
Pll, in a form acceptable to Florida Housing, without limitation, non -disclosure, use of
appropriate technology, security practices, computer access security, data access
security, datastorage encryption, - data transmission encryption, security inspections and
audits. Subreciplent -shalt take full responsibility for the security of all data in its
possession or In the possession of its subcontractgrs and shall hold Florida Housing
harmless forany damages or liabilities resulting from the unauthorized disclosure of loss
thereof.
b.. If Subreelpient or any of its•subcontractors may or will create, receive, store or transmit
.Pil under the term's of this Agreement, Subreciplent'shall provide Florida Housing with
insurance information 'for stand-alone cyber liability coverage, including the limits
available and retention levels:, if Subrecipient does not carry Stand-alone cyber liability
coverage, .Subrecipierit agrees to indemnify costs related to notification, legal fees,
Is
Agreement #106-2010
Coronavirus Relief Fund (CRF' Funding Agreement
judgments, settlements, forensic experts, public relations efforts, and loss of any business•
income related tdithis Agreement.
c Subrecipient agrees to maintain written policies and procedures. for P11 and/or data
classification. This plan must include disciplinary processes for employees that violate
these,guidelines.
d. Subr'ecipient agrees at: all times to maintain reasonable network: security that; at a
minimum, includes" a network firewall.
e. Subrecipient agrees to protect and maintain-thesecurity of data with protection security
measures that include. maintaining secure environments that are patched and up to date
with all appropriate security updates as designated bya relevant authority (e.g. Microsoft
notifications, Common Vulnerabilities and Exposures (CVE) database, etc.) Subrecipierit
agrees -that" P11,shall.be appropriately destroyed based on the format stored upon the
expiration of any applicable retention schedules.
f
Subrecipient agrees that any and; all transmission or,exchange of system application data
with Florida Housing and/or .any other- parties 'shall take place via secure Advanced
Encryption Standards (AES), e.g. HTTPS, FTPS,.SFTP or equivalent means. All data stored
as a part of backup and recovery processes shall be encryptedt•usingAES.
g. If Subrecipient reasonably suspects that a cybersecurity event or breach of security has
occurred, they mustmotify Florida Housing's C.ont"r"act Administrator within 48 hours.
h. In the event of a breach of P11 or other sensitive data,. Subrecipient must abide by
provisions .set forth in Section 501.1.71, Fla. Stat. Additionally, Subrecipient must
immediately notify Florida Housing in writing of the=breach and any actions taken in
response to such a breach. As the information becomes- available the statement must
Include, at a minimum, the date(s) and number of records affected by unauthorized
access, distribution, use, modification or disclosure of Pll Subteciplent's corrective action
plan; and the-timelines.assodated with the corrective action plan.
9. Other Provisions:
a.
'nib Agreement shall be construed under the laws ofthe State of Florida, and venue for
any actions arising out of this Agreement shall De inLeon"County.
b. No waiver by Horida Housing of any right or remedy granted hereunder or failure to•insist
onstrict performance: by'Subrecipient shall affect or extend or act as a waiver ofatlyother
right or remedy of Florida Housing hereunder or affect the subsequent exercise of the
-same right or remedy. by Florida Housing for any further or ".subsequent" default by
Subrecipient. A waiver or releasewith reference to any one event shall not be construed
as continuing or as constituting•a course of dealing.
c. Any power •of approval or disapproval granted to Florida Housing under the terins ofthis
Agreement shallsurvive the terms -and life of this Agreement as a whole.
d; The Agreement may -be executed in any number of counterparts, any one of which May
betaken as an original..
14
Agreement #106-2020
Coronavirus Relief Fund {CRF} Funding Agreement
IN WITNESS WHEREOF, the parties have executed this Agreement Number 106-2020, each through a duly
authorized representative, effective on the Effective Date.
CITY OF CLEARWATER
By: ' s 0411,414e4
I•
Name/Title;
Date:
FEIN: 59-6000289
FLORIDA HOUSING FINANCE CORPORATION
Name/Title:Hugh R. Brown/General Counsel
8-18-20
Date:
15
Agreement #106-2020
Coronavirus Relief Fund (CRF) funding Agreement
Coronavirus Relief Fund (CRF) Subrecipient Agreement
Florida Housing Finance Corporation
Countersigned:
C -Fink V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
By: 1,04
Approved as to form: Attest
Laura Mallow
Senior Assistant City Attorney
William B. Home II
City Manager
Exhibit "C"
Additional Program Requirements
1. Subrecipient will accept applications and perform income and other eligibility
determinations. Households served must have incomes that do not exceed low- and
moderate -income limits (under 120% AMI) as determined by HUD.
2. Subrecipient shall ensure that the numbers, background, and qualifications of the
Subrecipient staff are appropriate for the services provided and at least meet the
minimum standards established by the pertinent licensing bodies.
3. All costs eligible for CRF reimbursement offered by Subrecipient under the
Program shall only include costs directly related to the provision of the service
under this Project as described in this Agreement.
4 Subrecipient shall complete detailed work write-ups of the services to be
performed, including estimated costs and material to be used, if applicable.
Subrecipient will monitor the work to ascertain that services are proceeding
properly and satisfactory. Subrecipient will ensure that the expenses are
reasonable, and the services are completed properly. In addition, Subrecipient shall
maintain case files, including applications and all documentation of eligibility,
work write-ups, the assistance agreement between the client and Subrecipient,
documentation on all necessary licenses and permits, site visits and final reports,
invoices and checks, as applicable. Subrecipient shall maintain these records in
accordance with general record-keeping requirements set forth in this Agreement.
Exhibit "D"
BUDGET
Clearwater Neighborhood
Housing Services, Inc.
Through December 30, 2020
Project Type Amount of = Coronavirus Relief Funds
Funding
Services Funded
_ $3,000
Category
CRF
Foreclosure Counseling — @ not -to -exceed $850 Per Client
Benefit — approximately eight Clients
$3,000
Total
$3,000
Proposed Foreclosure Services Fee Structure:
• Level One — Telephone Triage $100 per household
o Gathering personal information on client (Name, Address and Contact Info)
o Gathering client demographic information (Race, Ethnicity, Income, etc.)
• All information at this point is self-reported by the client
o Determine reason for default
o Determine if default is curable
• Likelihood of the following: Repayment Plan, Forbearance, Loan
Modification, Sale of Home, Deed in Lieu of Foreclosure, Short Sale
o Advising client on best next steps
o Registering client for an upcoming Foreclosure Prevention Seminar
• Level Two — Foreclosure Prevention Workshop online
o 90 Minute interactive online workshop
o Zoom type format
o Suggest twice/month
o Information is given on:
• The importance of providing the right documents
• The foreclosure process/timeline in Florida
• Potential options to avoid foreclosure
• Benefits to working hand in hand with a Housing Counselor
• Services available in their community to lower expenses
$50 per household
• Level Three — One -on -One Counseling $400 per household
o Gather of documents from client for review
• Proof of income
• Proof of available funds
• Proof of ownership
o Work with client to create:
• Hardship Letter
• Emergency Budget
• Action Plan
• Submission Packet for Lender
o Submission to Lender of Initial Client Document Packet
• Level Four — Positive Outcome (Avoiding Foreclosure) $300 per household
o Proof of one of the following:
• Repayment Plan
• Forbearance
• Loan Modification
• Deed in Lieu of Foreclosure
• Sale of Home
• Short Sale