CORONAVIRUS RELIEF FUND PROGRAM AGREEMENTCORONAVIRUS RELIEF FUND (CRF) PROGRAM AGREEMENT
BETWEEN THE CITY OF CLEARWATER, FLORIDA AND BRIGHT COMMUNITY TRUST, 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 Bright
Community Trust, Inc., a Florida non-profit corporation, with a principal address of 2561
Nursery Road, Suite D, Clearwater, FL 33764 (hereinafter referred to as "BCT" 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, BCT is a private non-profit corporation that provides foreclosure
counseling;
WHEREAS, BCT 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, BCT 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 BCT 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 BCT 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 BCT 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 Proiect 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 BCT 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. BCT 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, BCT 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. BCT 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. BCT 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 final 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 final 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. 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 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 Subject 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
L1/41 day of .2020.
have set their hands and seals this
ATTEST:
By:
tie
Rosemarie CaII, City Clerk
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:
I/JJL.w B,(4wwa
William B. Horne 11, City Manager
Bright Community Trust, Inc., a
Florida non-. t co • ion
By:
Title
Print Narrleeiiq
Date:,/Zo/2oZ1
THE FOREGOING CRF AGREEMENT was acknowledged before me by means of 12/physical
presence or ❑ online notarization, this St,_‘1o2-o (date) by William B. Horne ll, the City
Manager of the City of Clearwater, who is personally known to me or who has
produced (type of identification) as identification.
4.114A Scott Burrows
COMMISSION # GG261179
=,. •,,.� EXPIRES: October 1, 2022
Bonded Thru Aaron Notary
NOTARY PUBLIC
Print ame: ticSIT S �R
iT
(4YYv
My Commission Expires: t Cir 0(1 11-0 as
APPROVED AS TO FORM
for the use and reliance of the City of Clearwater,
Florida, qtly.
Laura Mahony, Sr. Assistant City 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"
-CORONAVIRUSRELIEF FUND (CRF)
SUBRECIPIENT AGREEMENT
THIS FUNDING AGREEMENT ("Agreement") is entered into 'by. and among CITY OF CLEARWATER
("Subrecipient"), .a focal government that meets the State Housing Initiatives Partnership ("SHIP")
Program eligibiluty requirements, and FLORIDA HOUSING FINANCE CORPORATION ("Florida.Housing"),.a-
public body corporate and 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 last 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.Coronevirus;;Aid, Relief, and Economic Security (CARES)
Act, Pub. L. No, i1643.6; div. A, Title V(Mar. 27, 2020);
WHEREAS, a portion ofthe CARESAct Funds (designated the "Coronavirus..Relief Funds or:CRFfunds")
Will be 'distributed by Florida Housing,to and ad ministered by Eligible Local Governments (as defined
herein) and expended only for purposesauthorized by this Agreement;
WHEREAS, the Subrecipientand :Florida Housitig.wish to enter into this Agreement which will: govern
the disbursement and expenditure of CRF funds;
NOW, THEREFORE, in consid.eration:of the foregoing, the parties hereto agree as follows.: -
'A. )recitals: The recitals stated above are: true and correct, are incorporated herein, and form an
integral partof this Agreemnent.
g„ .Definitions:
1. "Administrative Expenditurese'means funds, not to exceed 10% orthe-ailocation, expended
by Subrecipjent to carry out the activities of CRF. This °-expense mayinclude salaries= and
benefits'of staff, office'suppliesand equipment, required travel„`advertising, recording costs.
"Annual income” means annual income as defined. under the .Section 8 housing assistance
'payments programs in 24 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 1:orrn 1O4Ufor individual federal annual income
tax purposes..
3. "Eligible Housing" meansany real 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 residential units that are designed to meet the:.standards of the Florida
Building Code or previous building •todes .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.of HighwaySafety and:Motor Vehicles, for home -ownership or rentalfdr Eligible
Persons as designated by Subrecipient.
4 Eligible- local .Government" means alocal .governrnent in* Florida that meets the SHIP
Program eligibility requirements.
5, "EII ble 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 median income
accordingto the Income limits adjusted tofamily size published annually byFlorida Housing.
.6. "Eligible Sponsor" means a person ora private or public far -profit or not -for -profit -entity -that
applies for an award. under CRF 'for the purpose of providing 'Eligible Housing for Eligible
Persons.
'Expended" means the affordable housing activity. Is complete.
8. "Program Income" means proceeds derived from interest earned on or investment of the
funds, proceeds from loan repayments, recycled funds, and aII other income derived from use
of CRFfunds
9. "Project Delivery Costs' Meansthose costs relatedto the delivery ofhousing related services
to an eligible applicant that are not included: as part of Administrative Expenditures:
10. "Sub -Grantee'" -means a person or organization -contracted by a Subrecipientthat is
compensated with CRP funds to provideadministration of any portion of the CRF.
C. AHocation and Use of Funds:.
1. Amount of Funds Available to Subrecirient: The total funds• made available. to Subrecipient
under this Agreement is:.$375,576
2. Disbursement of Funds to Eligible Subrecip ants: The: available .furls will be disbursed to
Subreciplerit for activities. described in Item C4., below.. Funds will be=disbursed in up totwe
payments,. the amount of each to be determined by Florida Housing. The first payment for
the f%U amount In item C.1. above will occur upon execution of this Agreement. Subject•to'
the terms 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 rnay be withheld' by. Florida Housing pending>resolution of the issues. giving rise to
the lack of progress or failure to perform satisfactory to Florida Housing which imay include a
written plan to address the issues prepared by the Subreciplent and submitted to Florida'
Housing for approval.
Agreement#1062020
Coronavirus Relief Fund (GRFJ• Funding Agreement
Establishmentof CRF Trust Fund: Suoretipient must establish and, maintain a CRF trust fund
or a pooled account Where CRFfunds are ctearly designated;
4. Expenditure sof Funds by Subrecipient: CRF funds shall beExpended by Subrecipient for the
following
a. Dire .CRF Adminittrative Expenditures and Project Delivery Costs Incurred on or. after
March 1, 2020 in an amount no more.than a-cuinuiative 10 percent of CRF funds incurred
by Subrecipient, a consultantto Subrecipient, and/or a Sub,Grantee. CRFfunds 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`Housingfor Eligible Persons or Households or Eligible Sponsors..
c CRF fund may beused for the following pre -approved program purposes or activities;
i. Renta(- assistance payments. (including beck rent, deposits -and utility payments);'
it. Mortgage payments and buydowns,
Emergency repair of housing;
iv: Assistance to homeowners to pay insurance dedti-etibles;
v. Housing re-entry assistance, such. as security deposits, utility deposits, and
temporary storage of householdfurnishings:
vi. Foreclosure or eviction 'prevention, including monthly rent and associatedfees;
and
Homeownership counseling..
All other activitiesmust~'be presented in writ(ng•to; FloridaHousing and approved` in
writing prior to implementation.
5. Term: The period of performancefor this grant is March 1, 2020 — December 30, 2020. In
executing this Agreement, Subrecipient 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.
ii. Advertisement of Av ilabilit5t-•of Funds: ti 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 10 days before the
beginning of the application period. This. IO-dayperiod does rtot 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'project+ d to be received -from the state for the fiscat 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 number) address, email, :and hours of operation);.
Repayments:.
a: The Subrecipient shall only expend funding under this Agreement for allowable costs
resulting from obligations incurred during the eligible period of performance. The
Subrecipient shall ensure that its contractors, subcontractors, and consultants' only
3
Agreement #106-202o
Coronavirus -Relief Fund (CRF) Funding Agreement
expend funding under this Agreement for allowable costs resulting from obligations
incurred during the period of performance.
b. The Subrecipientshaltrefund to Florida Housing any unobligated funds which have been
advanced or paid to the Subrecipient:upon termination of•this'Agreement:
-c. Any unexpended funds under this Agreement, including unexpended program income
earned, must be returned to Florida Housing upon termination of this Agreement.
.d. Upon termination of this Agreement, or upon any determination madeindicating such,
the Subrecipient,shall refund:to Florida Housing any funds paid in excess of the amount
to which'#he Subrecipient or its contractors, subcontractors, or consultants are:entitled
underthe terms and conditions of this Agreement:
e. The Subr'ecipient shall refund to Florida Housing any funds not spent inaccordance With
the conditions of thls.Agreement or applicable law: Such reimbursement shall be:sent to
Florida Housing within 30 -calendar days €romSubrecipient's receipt of notification of such
non-compliance.
f. The Subrecipient's obligations under this section will survive the termination of the
Agreement.
.8. Performance under this Agreement is subject. to 2 C.F.R. Part 200, entitled "Uniform
Administrative -Requirements; Cost Principles and Audit Requirements for Federa['Awards."`
9. Single AucfitAct-Fundspayments are considered to be federal financial assistance subject to
the Single Audit Act 431 U.S.C. §§. 75017507) and the related provisions of the Uniform
Guidance,. The Subreclpient.shalt conduct a single or program -specific -audit in accordance
with tfie provisions of 2 C.F.R.' Pet 200 and the- related prowls ons of the Uniforrn.Guidance, if
it'expends more than,$750,000 or more in Federal awards from all sources during its fiscal
year.'The.Catalog of Federal Domestic Assistance (CFDA) number for these funds Is 21:019.
0, Application for CRF Eligible Person or Household Assistance: Subreciplentshall establish criteria
for CRF assistance and;develop an application for CRF eligibility.
a. The application for assistance, should contain all the :necessary Information to determine
whether: an applicant household is potentially e['rgible for CRF assistance. In accordance with
the provisions -of Sections 760.2076037,. Fla. Stat., it is unlawful to discriminate on the basis
of'. race, religion, color, sex, familial status, national aright, or handicap in the award
application processforEligible Housing.
b. At a minimum, an application for program assistance should contain the following Items for
each household members.
i. The"numberofpeople residing in the household including name, age, reIationship;to head
of household, current address and home phone.number,
ii. Name and address of employer(s), work phone number(s), position titie and number of
years on job with employer,
Sources ofannua( income, tnciuding earnest, uneatnediand asset•income, and astatement
.signed by al( of the'adults who reside In the household consenting to the dlsdosure of
information for the purpose of verifying income and assets for.deternaining income
eligibility for program assistance.
iv. A signed statement indicating that the applicant understands that ail information
provided is subject to Florida's public records laws.
Agreement #2.06-2820"
Coronavirus Relief Fund (CRF)" Funding Agreement
A statementthat it is a first-degree misdemeanor to falsify information fotthe purpose.
of-obtaining:assistance.
E. :Allowable Rental Assistance fSubsidies): Assistance may be provided as direct rentai:assistanceto
Eligible Persons in any of the following manners:
1. Security and utility deposit.: assistanceto secure temporary or permanent;-rentaI housing;, or
2. Eviction prevention notto exceed 10 months` rent -or
3. A rent subsidy program for income eligible household's 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 principle and interest, insurance,:and homeowner association fees.
Real Estate taxes:paid to a government entity are not eligible,
G Income Categories: All households assisted must. be ator below 120% of the area Medlar, income.
H. CRF Eligible Person AwardT.erms: CRF.funds awarded directly to.Eligible Persons must be in the
form of a.grartt, deferred loan orchard paytoan
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 of funds under this Agreement; in
addltlon to any other information requested by Florida Housing. All funds must be -accounted for
on the CRF Data Upload Formas 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 to this agreement is due for-the:quarter ending September:30,:2020.
Program 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
orSponsor, regardless of whether the request wesapproved :ordenied.
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 Ftle Retention: Local governments are,requiredto retain records and other
reteuantdocumentation' for'each applicant, Eligible Person, Sub;Grentee or Sponsor for.
,five fiscal years after funds have been expended orfive years after the expiration ,of.a use
restriction agreement. and accaunted for and/orsatisfactioii of loans; whkhever is later,
provided applicable audits, have been released.
1 The minimum requirements -for documentation of award depend upon the type
of assistance awarded arid the funding -sources. Everyflle.should contain asection•
of notesand a file checklist; which tracks the efforts and progress of obtaining
necessary documents. The checklist is a useful tooi 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;
Agreement:#1.06-2020
Coronavirus Relief Fund'{CRFI Funding Agreement
ii. EligibleSponsors(developers)•who are awarded funds have the responsibility for
Maintaining clear and accurate files: lin project recipients and activities.
Subrecipient must monitor the Eligible Sponsors Meson a regular basis toensure
that all information is collected that will be needed for reporting. Subreciplent's
housing administrator must also review the file -documentation to ensure -that
- assistance is awarded to Eligible: Persons and that all projectactivities conform to
program requirements.
In cases where a Sub-Granteeis- used to administer CRF, Subrecipient is .ultimately
responsible, for program compliance:.
iv. Alt other records that document the award or expenditure of CRF funds rnust 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°thatwere 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 recordsof this type
*include, but are not iimited to:
1) applications;
2) program and set-aside records;
3) housing agreements
4) incomeverifications 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.stricterthan the State.
c. `Access to Files: Florida Housingor any duly authorized representative shall be permitted
to inspect any flies relating to CRF Eligible Person or Sponsors including but not limited to
advertisements, applications, income veriifications•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 ata place accessible to
the Corporation -staff or its designated monitoring agent.
Files Manaeenient and Record. Retention relating .to Subrecinient,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 Florida Housing under this Agreement.
b Contents of the Files: Subrecipient must maintain files containing documentation to.
Verify ' all compensation to 5ubreipient in connetion 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 flies, records, computer files, and reports that reflect any
compensation it receives or will receive in connection with thisAAgreement.
6
Agreement#i10.6 2OZt2
coronavirus Relief Fund (CRF) Funding Agreement
c. Record and File Retention: Subrecipient must maintain these filesfor five years after the
end 'ofthe applicable fiscal year, except that, if any litigation, claim or audit is:cc ri menced
With respectto 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 ofreceiving state orfederal financial assistance, and
as required. by •sections 2x.055(6) and .215.97(5), Fla. Stat., Florida Housing, the Chief
lnspector 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 otherrecords of the Subrecipientthat ;are pertinent to this
Agreement, in order to make audits, examinations, excerpts, and transcripts. Upon
reasonable notice, Subrecipient and• its-employeesshall 'allow 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, nota holiday.
e. Return of the Files: to the event this Agreement is terminated, all finished or unfinished
documents, data, studiesr.computerfiles, correspondence;:and other products prepared
by orfar5nibrecipient under:this°Agreement must;be submitted to Florida. Housing within
15 days of such termination;: at the expense of Subrecipient.
.. Compliance Monitoring: Subrecipient must'be subject to compltanee 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
followingjs required ofSubreciplent:
a. 'Subreciplent must maintaina. financial tracking system provided by Florida Housiingthat
ensures that CRF funds :are Expended, in accordance with the set-askie requirements,
deadiines, and other requirements in this agreement.
b Subredpuent must maintain records -on allawards to. Eligible Persons orSponsors. These
records must include, but are not limited to
1. Ptoof of'inconie cortiptiance;
ii. Proof of homeownership;
iii. -Proof of use of FEMA proceeds;
iv. Documentation of ail required inspections including mold`rernediation and wood
.destroying organisms;
v. Documentation of anyy.required cemed.iation;
vi. Certificate of• Occupancy;
vii. Placed in Service documentation;
viii. Proof of contract or eligibility;
ix. Documentation of payments made•ori the award; and
x.. Documentation ofthe value%sales pr~ice.of the uniit,. as applicable.
4. Cooperation with Inspector: General; Subrecipient understands its duty, pursuant to Section
.2(455(5), Fla. Stat., to cooperate with Florida Housing's inspector General in any
investigation, audit, inspection, review, .or hearing. Subrecipient will comply with this duty
and ensure that- any contracts issued Under this. Agreement impose this requirement, in
writing; on its. subcontractors.
Agreement i#iO 2020
Corenavirus Relief Furid (CRF) Funding Agreement
5. Technical Assistarrce: Training and technical assistance is available to.Subrectpient`to assist in
the development: and .implementation of theCRF. This technicalassistance:shail. be provided
try Florida Housing staff and "Florida Housing's Catalyst contractor.
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 final closeout of CRF, funds
realized as Program Income.musttte returned to Florida Housing:
7. Recaptured Funds:_ Recaptured Funds, realized by Subredpient prior to the final.closeout of
P'
CR must be' deposited. and used for eligible CRF activities- After final closeout of CRF,
Recaptured Funds mist be returned to Florida Housing.
K. Contacts
1. Florida Housing's, contract administrator for this:Agreementis:
Contract Administrator
Florida Housing.FinanceCorporation
227"Nerth";Bronough St..Suite 5000
Tallahassee, Florida 823011329
Phone: '850488.4197
E-mail: Contract.Admin@floridahousing.org
2. The Florida Housingprogram =tact for thisContractis:
Robert 4eardriff, Assistant Director of Special Programs
Florida Housing, Finance Corporation
227 North Bronough St., Smite. 5000
Tallahassee, Florida 32301-1329`
Phone 850.488.4197
E-mail: Rot*ert.Dearduff@ftoridahousing.org:
Or the "designated successor.
3. The Grantee's contract administrator for this Contract is:
Terry.Malcolm-smith, Housing Coordinator
600 Cleveland Street,. Suite 600
Clearwater, Florida 33755
Phone! 72.7:562.4036
E-mail: terry.malcolm-smith@myctearwatercom
or the designated successor.
2 CFR Appendix It to Part 200 -Contract Provisions for Non•Federal EntitvContracts 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 $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by -41. U.S.C. 1908, must address
administrative, contractual, or, legal remedies in instances where contractors violate or breach
g.
Agreement #1O6 -292Q
omnavirus Relief Fund•{CRF) Funding Agreement
contract terms, and provide for such -sanctions and penalties as. appropriate.
(B) Ail -contracts in excess of $10;000• Must address termination for cause and for convenience 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
conttacts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 mutt include the equal opportunity clause provided under 41.CFR:60-1.4(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 at 41 CFR part
l) "Office of Federal 'Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
(D) Davis -Bacon Act, as amended (42 U.S.C. 3141-3148). Whenrequired by. Federal 'program
legislation,all prime construction contracts in excess of $2,0.00 awarded by non -Federal entities
must include a provision for compliance with the Davis -Bacon Act(40 U.S.C. 3141-3144, and 3146-
3148) as supplemented by Department of Labor regulations (29 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•Secretaryof Labor: lir addition, contractors must be;requiredto pay wages not less than once
a week. The non -Federal entity must place a copy of thecurrent'prevailingwage determination
issued by the Department of 'Labor in each solicitation. The decision to award a contract rr
subcontract must be conditioned upon the acceptance of the wage -determination. The. non-
Federal entity must report all:suspected or reported violations.to the Federal awarding agency.
The •cbntractsMust also include a provision for compliance with the Copeland "Anti -Kickback' Act
(40 U.S.C. 3145), 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
by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient
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 othe w se errtitled. `i'he non -Federal entity must report all suspected or reported violations to
the Federal awarding agency.
(E) Contract Work Hours and Safetv Standards Act 440 U.S.C.3701-3708). Whereapplicable,: alt
contracts awarded by the non -Federal entity in excess of:$100,0}'that involve the employment
of mechanics or laborers roust include a provision for compliance with 40 U.S.C. 3702 and 3704
-as supplemented by Department of Labor regulations (29 CFR Part S). Under 40 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 off 40 hours. Work in excess of the standard work week 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 all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provlde 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 af
supplies or materials '.or articles ordinarily available on the open market, or- contracts for
transporttion 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 if196-2,020
Coronavirus.Reiief Fund (CRF) Funding:Agreerment
substitution of parties, assignmentor performance of experimental, developmental, or research
work ander 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 US.C.1401-.7671q.) and the Federal Water Pollution Control Act 331 U.S.C,
1251-1387), as amended - Contractsandsubgrasts of amounts in excess of $15.0400 Must contain
a provision that requires the TIO n=Federalaward to agree to comply with all applicable standards
orders or regulations issued pursuant to the Clean: Air Act 42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended 33 U.S.0 12U-1387). Violations must be reported to
the Federal awarding agency and the Regional of the Environmental Protection Agency
(EPA).
(Hj Debarmentand Suspension (Executive Orders 12549 and 12689) -.A contract award (see 2 CFR
180.220) Must be made to parties listed on the governmentwide exclusionsin the System for
Award Management •, (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549- (3 `CFR part 1986 Comp., p. 189) and .12689 (3 CFR Dart 1989 Comp., p.
235), "Debarment and Suspension." SAM Exclusions contains the names -of parties debarred,
suspended, or otherwise excluded by agencies; as well as parties declared ineligible under
statutory orregulatory authorityotlerthan Executive Order 12549.
(i) Byrd Anti-Labbying:Amendmentt( fl U.S.C.1352) Contractors that apply or bid -for an award
exceeding $100,000 must file the requiredcertification. Each tier certifies to the tier abovethat it
will not and has not used Federal appropriated funds 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 employee 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 tatter up
to,the non -Federal award.
II) See l'20O. 22 Procurement of recovered materials.
E78 FR 78608, Dec~ 26, 2013, as amended .at, 79 FR 75888, Ded.19, 2014]
M. Default and Remedies
1. if any of the -events listed in subparagraph 2. of this: section Occur, all obligations on the part
of Horida Housing to continue .doing business with Subredpient or assign any future
transaction to-Subrerlpient shall, if Florida Housing so elects, terminate and Florida Housing
may at its option, exercise any of its remedies set forth herein, or as otherwise:provide ! by:
law., However, Florida Housing may continue .doing business with the Subrecipient as a
participant after the happening of any event listed in subparagraph 2. of this section without
Waivingthe right to exercise such remedies, Without constituting a course of dealing, and
without becoming liable to include the. Subrecipient in the transaction or any -future
transactidn.
2., The Events of Default shall include, but not be limited to the .following;
a. tf any report, information -or representation provided by Subrecipient in this Contract is
'inaccurate,false or misleadingIn any respect;
10
Agreement #106-2020
Coronavirus Relief Fund (CRF) Funding Agreement
b. If any warranty or representation made::by Subrecipient in this Contract or any other
outstanding agreernent with Florida Housing is deemed by Florida Housing: to be
inaccurate, false or misleading in any respect;
If Subrecipient fails to keep, observe, or perform any of the terms or covenants contained
in this: Contract, or is,unable or unwilling to meet its: obligations as defined in this Contract;:
d. in the sole discretion of Florida. Housing, Subreciplent has failed to -perform or complete
any of -the services identified in the attachments
e, if Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules.
or Florida: Housing polities:app(icable✓to the work
if Subrecipient has discriminated on the grounds of race, color, religion, sex, national.
origin, or disability in performing any service identified in the attachments;
if Subreciplent dries: not comply with the terms and conditions set forth in Section
420.51.215), 'Fla. Stat.;
h, If -Subreciplent commits'fraud. in the performance of its obligations under this Contract;
or
if Subrecipient refuses to permit public access to any document, paper, tetter, computer
files, or other material subject to disclosure under Ftorida's,PublicReoords Law.
Upon the occurrence of any Event of Default hsted in subparagraph 2. above, Florida Housing will
provide written notice of the Default detailing the grounds that constitute the Event ofDefault.
. .Upon the occurrence of any Event of Defauft`listed in subparagraph 2. above, Florida Housing
may provide Subrecipient a reasonable. period of tittle to cure the Event of Default (Cure
Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Subreciplent
of the length of the Cure Period In the Notice of Default.
4; if Florida Hous ngpr Oxides a Cure Period and if the Subreciplent is unable or unvrilling to cure
the Event of Default within the Cure Period, Florida Housing- may exercise any remedy
permitted by law. The pursuit of anyone of the following remediesshall not preclude Florida
Housingfrom pursuing any other remedies -contained herein orotherwise provided at law or
in equity. The remedies inctude,:but are not.limited to the following:
Florida Rousing may terminate the Contract on the 10t day afterSubrecipient receives
the Notice of Default. or upon theconclusion of any applicable Cure:Penod, whichever Is
later;
b. Florida Housing may. commence an appropriate legal or equitable -action to enforce
performance of theterms and conditions. ofthis Contract;
Florida Housing mayexerciseany corrective or remediai`actions including, but not limited
to, requesting additional information from Subrecipientto determine the reasons for or
tl
Agreement #106-2020
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 maybe taken 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 Subrecipient to reimburse Florida Housingfor the
amount of costs incurred; or
Florida Housing may exercise any other rights or remedies thatmay 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• Subreci lent ma terminate -this
p y Agreement, without cause, at anytime upon 20 -days•'•.
written not delivered by courier service 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 Su brecipient shall belts ponsiblefor all costs arising
from the resignation of the Subrecipient,
3. Upon expiration•or•terminationof this Agreement, the Subrecipient shall transfer'to.Florida
Housing any CRF funds•on hand at the time of expiration -or termination, and any accounts
receivable attributable to the use -of CRF funds.
O. General Provisions
1. -Compliance with ;all Applicable Laws' > and Regulations: Subrecipient must comply with all
applicable federal, state and local laws; riles, :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 rites
and regulations.. Subrecipiient further -agrees to include this provision in all -contracts with
Eligible Persons„Sub-Grantees, Sponsors orsubcontracts 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 ofthis 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 under• sovereign immunity,Section: 768.28Florida Statutesror
any othersimilar 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 ofthis Agreement
or any other.contract.
3. insurance: Subrecipient agrees to carry liability and other.appropriate forms of Insurance.
Florida Housing shall 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 lawor is not
otherwise unenforceable and all other provisions shall remain in full force and effect.
Agreement #106-2020-
Coror♦avirus:ReliefFurid Of) ;taxiing Agreement
S. •Entire Aereemeiat 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 shalt be valid only if reduced to
writing, dulysrgned by all of the parties hereto, and attach edto.the original of this Agreement.
6. 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 useby, any executive, judiclai,..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 tent by Subrecipient in connection with
this agreement is subject to the provisions of Section 119:01.15, Fla. Stat, as may
amended from time to time- (Florida's Public • Records Law). .Subrecipient represents and
acknowledges that it has read and understands Florida's Pnbile-Records LAW and agrees to.
comply with Florida's Public Records:Law:
If Subrecipient has questions regarding the application of Chapter 119,
Florida Statutes, to:Subrecipient's duty to provide public records
relating to this contract, contact the Corporation Clerk at:
Corporation Clerk
227 N. Bronough Street, Suite 5000
Tallahassee„ Florida. 32301.1329
Phone. 850:488.4197
E-mail; Corporation.Clerk@floridahousirt .org
8. Personally Identifiable Information (P11); Security;
a. if'Subrecipient or any of its -subcontractors may or will create, receive, store or transmit
PII under the terms ofthis Agreement, Su breciaient must provide forthe security of such
Pll, in a fort acceptable to Florida Housing, 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 shalt take full responsibility for the security of all data In its
possession or in the possession of Its subcontractors and shall hold Florida Houstlig
harmless farany damages or liabilities resulting from the unauthorised disclosure of loss
thereof.
b.. If Subrecipent or any of its subcontractors may or wilt create, receive, store or transmit
.P11 tinder the terms,:of this Agreement, Subrecipient'shall provide Florida Housing with
insctrance information for stand-alone cyber liability coverage, including the limits
available and retention levelsEf Subrecipient does not carry' stand-alone cyber liability
coverage, .Subrecipient agrees to indemnify costs related to notification, legal fees,
1s
Agreement 111o6 -20t0
Coronavirus RR1'ref Fund (CRF) Funding Agreement
judgments, settlements, forensic experts, public relations.eftorts, and loss of any business-
income related to this Agreement.
c. Subrecipie.nt agrees to maintain written policies and procedures. for Pll and/or data
classification. This plan must include disciplinary processes for employees that violate
these;: guidelines.
tl. Subrecipient agrees at: all times- to maintain, reasonable network, security that; :at a
minimum, includes a network firewall.
e. Subrecipient agrees to protect a ndtnaintain.the security of data with protection security
measuresthat 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 sxposures(CVE) database, etc.) Subreclpient
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, FiPS,,SF l`P or equivalent means: All data stored
as a part of backup and recovery processes shall be encrypted{ -using; AES.
g. if Subrecipient reasonably suspect that a cybersecurity event or breach of security -has
occurred, they must notify Florida Housing's Contract .Administrator.within 48. hours.
:h. In the event of a breach of P.11 or other sensitive data,, Subrecipient must abide by
provisions set forth in Section; SO1.171, 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.ordisclosure of Pit :Subrecipient's corrective action
plan, and the-tirnelines:associated with the corrective action plan.
9. Other Provisions;
a "This Agreement shall be construed under the laws of'the.State of -Florida, and venue for
any actions arising aft of this Agreement shall lie in Leon County.
b. No waiver by Florida Housing of any right or remedy granted hereunder or failure toinsist
onstrict performanceby Subrecipient shall affect or extend or act as a waiver ofany other
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
Subreciplent A waiver or release; with reference to any one event shall not be construed
as continuing: or as constitutinga course of dealing.
c. Any powerof approval or disapproval granted to Flarida.Housing under the terms of this
Agreement shall.su vive the life of this Agreement as a whole.
d : The Agreement may be-eixecuted in any number of counterparts; any one of which may
betaken as an original..
14
Agreement #1016=2020
Goranavfr us ieilef 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 LEARWATER4e
By:
Nameiritle:
Date:
FEIN: 59-6000289
FLORIDA HOUSING FINANCE CORPORATION
--7‘7
By:
Name/Title: Hugh R. Brown/General Counsel
Date: 8-18-20
15
Agreement #106-2020
Coronavirus Relief. Fund (CRF) Funding Agreement
Coronavirus Relief Fund (CRF) Subrecipient Agreement
Florida Housing Finance Corporation
Countersigned:
CITY OF CLEARWATER, FLORIDA
William B. Horne H
Mayor City Manager
Approved as to form: Attest
•
Laura Mahony
Senior Assistant City Attorney
Rosemarie Call
City Clerk
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
Bright Community Trust
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