Agenda 10/27/2020 Item #16D16 (1st Amendment to #045-2020)10/27/2020
EXECUTIVE SUMMARY
Recommendation to approve the Chairman to sign the First Amendment to Agreement #045-2020
between Florida Housing Finance Corporation and Collier County to increase funding for the
Coronavirus Relief Fund and authorize the accompanying Budget Amendment.
OBJECTIVE: To provide COVID-19 assistance to individuals and households who have lost
employment or income in Collier County.
CONSIDERATIONS: On July 14, 2020, the Board of County Commissioners (Board) approved Agenda
Item #16D18 which recognized new Coronavirus Relief Funds (CRF) for the State Housing Initiative
Program (SHIP) program and provided authorization for the County Manager to sign the funding
agreement upon arrival from Florida Housing Finance Corporation, and authorize the necessary
administrative budget reallocation amendment. This agreement was fully executed on August 24, 2020.
On September 15, 2020, the Florida Housing Finance Corporation (FHFC) provided the First Amendment
to Agreement #045-2020 to the Coronavirus Relief Fund agreement. This amendment provides the second
allocation of funds and amends the agreement to incorporate language pertaining to the technical bulletins
that are used to explain updated processes, provisions, or monitoring requirements as Florida Housing
receives updates, clarification, and additional guidance from the U.S. Treasury.
The initial allocation of $1,169,599 has been increased by $757,651 for a total amount of $1,927,250
allocated to Collier County.
The County's Community and Human Services (CHS) Division will administer the $1,927,250 CRF
funding in conjunction with its community partners with the focus on rent, mortgage, utility assistance,
and other eligible CRF-SHIP housing activities such as:
• Rental assistance payments (including back rent, deposits, and utility payments);
• Mortgage payments and buydowns;
• Emergency repair of housing;
• Assistance to homeowners to pay insurance deductibles;
• Housing re-entry assistance, such as security deposits, utility deposits, and temporary storage of
household furnishings;
• Foreclosure or eviction prevention, including monthly rent and associated fees; and
• Homeownership counseling.
FISCAL IMPACT: A budget amendment in the amount of $757,651 is required to increase the award to
$1,927250. The funding source for this grant is Florida Housing Finance Corporation. Funds are
budgeted in the SHIP Grant Fund (791), Project 33711.
LEGAL CONSIDERATIONS: This Item has been approved for form and legality and requires a
majority vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
RECOMMENDATION: Approval for the Chairman to sign the First Amendment to Agreement #045-
2020 between Florida Housing Finance Corporation and Collier County to increase funding for the
Coronavirus Relief Fund and authorize the accompanying Budget Amendment. (Net Fiscal Impact
$757,651)
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10/27/2020
Prepared By: Lisa N. Carr, Senior Grant Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. FHFC CRF First Amendment (stamped) (PDF)
2. CRF Agreement Fully Executed (PDF)
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16.D.16
10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.16
Doe ID: 13807
Item Summary: Recommendation to approve the Chairman to sign the First Amendment to
Agreement #045-2020 between Florida Housing Finance Corporation and Collier County to increase
funding for the Coronavirus Relief Fund and authorize the accompanying Budget Amendment.
Meeting Date: 10/27/2020
Prepared by:
Title: Grants Coordinator — Community & Human Services
Name: Lisa Carr
10/05/2020 4:21 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
10/05/2020 4:21 PM
Approved By:
Review:
Community & Human Services
Leslie Davis
Additional Reviewer
Community & Human Services
Kristi Sonntag
CHS Review
Community & Human Services
Maggie Lopez
Additional Reviewer
Community & Human Services
Cormac Giblin
Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Level 1 Reviewer
Public Services Department
Todd Henry
Level 1 Division Reviewer
Grants
Erica Robinson
Level 2 Grants Review
Public Services Department
Steve Carnell
Level 2 Division Administrator Review
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Budget and Management Office
Ed Finn
Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Sean Callahan
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
10/05/2020 4:36 PM
Completed
10/05/2020 5:28 PM
Completed
10/05/2020 5:41 PM
Completed
10/05/2020 6:59 PM
Completed
10/06/2020 5:17 PM
Completed
10/07/2020 4:16 PM
Completed
10/12/2020 9:36 AM
Completed
10/13/2020 11:51 AM
Completed
10/16/2020 4:02 PM
Completed
10/16/2020 4:30 PM
Completed
10/16/2020 6:30 PM
Completed
10/19/2020 11:42 AM
Completed
10/20/2020 11:00 AM
Completed
10/20/2020 1:32 PM
10/27/2020 9:00 AM
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16.D.16.a
FIRST AMENDMENT
TO AGREEMENT NUMBER 045-2020
THIS FIRST AMENDMENT ("Amendment") to AGREEMENT NUMBER 045-
2020 is entered into and effective as of October 1, 2020, ("Effective Date") by and between
FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public
body corporate and politic ("Florida Housing"), and COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS ("Subrecipient").
RECITALS
A. Florida Housing and Subrecipient entered into Contract Number 045-2020, dated
August 24, 2020, ("Contract") wherein Subrecipient agreed to participate in the
Coronavirus Relief Fund Program. As used herein, "Agreement" shall include within
its meaning any modification or amendment to the Agreement.
B, The term of the Contract began on August 24, 2020 and ends March 31, 2021.
C. Section C.2. of the Agreement provides for a potential second disbursement of funds
on or before October 1, 2020 for Subrecipients who meet the requirements of this
Agreement and are satisfactorily performing.
AGREEMENT
NOW THEREFORE, in consideration of the terms and conditions contained in the
Contract and this Amendment, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
A. Effective Date; Recitals. Upon its execution by both parties, this Amendment shall
be effective as of October 1, 2020. The above recitals are true and correct and form a part
of this Amendment.
B. Amendments. The Agreement is hereby amended to:
1. Add a definition for Technical Bulletin as a new Section B.11.
11. "Technical Bulletin" or "TB" means any technical assistance document that
Florida housing issues to explain updated processes, provisions or monitoring
requirements as Florida Housing receives updates, clarification and additional
guidance with respect to the CRF funds.
2. Delete Section C.1. in its entirety and replace with the following:
1, Amount of Funds Available to Subreci Tent: The total funds made available
to Subrecipient under this Agreement is up to $1,927,250.00, of which $107,926.00
must be used in the City of Naples.
First Amendment
Agreement #045-2020
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16.D.16.a
3. Delete Section C.2, in its entirety and replace with the following:
2. Disbursement of Funds to Eligible Subreci ients; The available funds will
be disbursed to Subrecipient for activities described in Item CA., below. The
Subrecipient received an initial allocation of $1,169,599.00 upon execution of the
Agreement. Upon execution of the First Amendment, an additional $757,651.00
shall be provided to the Subrecipient. Any additional funds will be disbursed in an
amount to be determined by Florida Housing. 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, subsequent funds may 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 may include a written plan
to address the issues prepared by the Subrecipient and submitted to Florida Housing
for approval.
4. Add a new section C,10., to address Technical Bulletins:
10. TBs will be used to clarify, discuss, interpret, and provide guidance for
contract administration issues related to this Agreement. TBs will be both e-mailed
and posted at httpss://www.floridalzousing.org/pro rah ins/special-programs/ship_-
state-housin -initiatives- artnershi - V ro ram/shi -technical-bulletins, and
Subrecipient is encouraged to regularly check for TBs.
C. General Terms and Conditions.
1. This Amendment shall be construed and enforced according to the laws of
the State of Florida and venue for any actions arising hereunder shall lie in Leon
County, Florida.
2. This Amendment shall be binding upon and inure to the benefit of the
parties hereto, and their respective heirs, successors and assigns.
3. This Amendment may be executed in counterpart originals, no one of which
needs to contain the signatures of all parties hereto, but all of which together shall
constitute one and the same instrument.
4. All rights, powers and remedies provided herein may be exercised only to
the extent that the exercise thereof does not violate any applicable law and are intended
to be limited to the extent necessary so that they will not render this Amendment
invalid, illegal, or unenforceable under any applicable law. if any term of this
Amendment shall be held to be invalid, illegal or unenforceable, the validity of the
other terms of this Amendment shall in no way be affected thereby.
First Amendment 2
Agreement #045-2020
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16.D.16.a
5. Except as specifically modified by this Amendment, the Contract shall
remain in full force and effect, and all of the terms and provisions thereof are hereby
ratified and confirmed.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
First Amendment 3
Agreement 4045-2020
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16.D.16.a
IN WITNESS WHEREOF, the Parties have executed this FIRST AMENDMENT to
Agreement Number 045-2020, by a duly authorized representative, effective on October 1,
2020.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
By:
Name/Title:
Date:
FEIN:
FLORIDA HOUSING FINANCE CORPORATION
Name/Title:
Date:
Approved as to form and legality
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First Amendment 4
Agreement #045-2020
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16.D.16.b
CORONAVIRUS RELIEF FUND (CRF)
SUBRECIPIENT AGREEMENT
THIS FUNDING AGREEMENT ("Agreement") is entered into by and among COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS ("Subrecipient"), a local government that meets the State Housing
Initiatives Partnership ("SHIP") Program eligibility 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").
i►ivrtiqr r.F
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
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. 116-136, div. A, Title V (Mar. 27, 2020);
WHEREAS, a portion of the CARES Act Funds (designated the "Coronavirus Relief Funds or CRF funds")
will be distributed by Florida Housing to and administered by Eligible Local Governments (as defined
herein) and expended only for purposes authorized by this Agreement;
WHEREAS, the Subrecipient and 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 agree as follows:
A. Recitals: The recitals stated above are true and correct, are incorporated herein, and form an
integral part of this Agreement.
B. Definitions:
1. "Administrative Expenditures" means funds, not to exceed 10% of the allocation, expended
by Subrecipient to carry out the activities of CRF. This expense may include salaries and
benefits of staff, office supplies and equipment, required travel, advertising, recording costs.
2. "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 Form 1040 for individual federal annual income
tax purposes..
3. "Eligible Housing" means any real and personal property located within the county or eligible
municipality which is designed and intended for the primary purpose of providing decent,
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16.D.16.b
safe, and sanitary residential units that are designed to meet the standards of the Florida
Building Code or previous building codes 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 Highway Safety and Motor Vehicles, for home ownership or rental for Eligible
Persons as designated by Subrecipient.
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 median income
according to the income limits adjusted to family size published annually by Florida Housing.
6. "Eligible Sponsor" means a person or a private or public for -profit or not -far -profit entity that
applies for an award under CRF for the purpose of providing Eligible Housing for Eligible
Persons.
7. "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 all other income derived from use
of CRF funds.
9. "Project Delivery Costs" means those costs related to the delivery of housing 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 Subrecipient 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: $1,169,599, of which $65,498 must be used in the City of Naples.
Disbursement of Funds to Eligible Subrecipients: The available funds will be 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 full 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 may 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 may include a
written plan to address the issues prepared by the Subrecipient and submitted to Florida
Housing for approval.
Agreement #045-2020
Coronavirus Relief Fund (CRF) Funding Agreement
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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, Expenditure of Funds by Subrecipient: CRF funds shall be Expended by Subrecipient for the
following:
a. Direct CRF Administrative Expenditures and Project Delivery Costs incurred on or after
March 1, 2020 in an amount no more than a cumulative 10 percent of CRF funds incurred
by Subrecipient, a consultant to Subrecipient, and/or 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 following pre -approved program purposes or activities:
i. Rental assistance payments (including back rent, deposits and utility payments);
ii. Mortgage payments and buydowns;
iii. Emergency repair of housing;
iv. Assistance to 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 approved 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, 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.
6. Advertisement of Availability of Funds: 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 10-day period does not 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 the 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 number, address, email, and hours of operation);
7. 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
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Agreement 4045-2020
Coronavlrus Relief Fund (CRF) Funding Agreement
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expend funding under this Agreement for allowable costs resulting from obligations
incurred during the period of performance.
b. The Subrecipient shall refund 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 made indicating such,
the Subrecipient shall refund to Florida Housing any funds paid in excess of the amount
to which the Subrecipient or its contractors, subcontractors, or consultants are entitled
under the terms and conditions of this Agreement.
e. The Subrecipient 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
Florida Housing within 30 calendar days from Subrecipient'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 Federal Awards."
9. Single Audit Act: Funds payments are considered to be federal financial assistance subject to
the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform
Guidance. The Subrecipient shall conduct a single or program -specific audit in accordance
with the provisions of 2 C.F.R. Part 200 and the related provisions of the Uniform 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.
D. Application for CRF Eligible Person or Household Assistance: Subrecipient shall establish criteria
for CRF assistance and develop an application for CRF eligibility.
The application for assistance should contain all the necessary information to determine
whether an applicant household is potentially eligible for CRF assistance. In accordance with
the provisions of Sections 760.20-760.37, Fla. Stat., it is unlawful to discriminate on the basis
of race, religion, color, sex, familial status, national origin, or handicap in the award
application process for Eligible Housing.
b. At a minimum, an application for program assistance should contain the following items for
each household members:
L The number of people residing in the household including name, age, relationship to head
of household, current address and home phone number;
ii. Name and address of employer(s), work phone number(s), position title and number of
years on job with employer;
iii. Sources of annual income, including earned, unearned and asset income, and a statement
signed by all of the adults who reside in 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.
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A statement that it is a first -degree misdemeanor to falsify information for the purpose
of obtaining assistance.
E. Allowable Rental Assistance (Subsidies): Assistance maybe provided as direct rental assistance to
Eligible Persons in any of the following manners:
1. Security and utility deposit assistance to secure temporary or permanent rental housing; or
2. Eviction prevention not to exceed 10 months' rent; or
3. A rent subsidy program for income eligible households that are displaced from rental units
that are 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 beat or below 120%of the area median income
H. CRF Eligible Person Award Terms: CRF funds awarded directly to Eligible Persons must be in the
form of a grant, deferred loan or hard pay loan.
I. 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
addition to any other information requested by Florida Housing. All funds must be accounted for
on the CRF Data Upload Form as 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.
J. Program Compliance
1, File Management and Record Retention relating to CRF Eligible Persons or Sponsor :
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. Everyfile 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.
5 C0111
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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. Subreciplent's
housing administrator 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;
G) 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: 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.
2. Files Manap-ement 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 Florida Housing 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.
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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, 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 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 Florida Housing within
15 days of such termination at the expense of Subrecipient.
3. 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 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 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 all required inspections including mold remediation and wood
destroying organisms;
V. Documentation of any required remediation;
vi. Certificate of Occupancy;
vii. Placed in Service documentation;
viii. Proof of contract or eligibility;
ix. Documentation of payments made on the award; and
X. Documentation of the value/sales price of the unit, as applicable.
4. Cooperation with Inspector General: Subrecipient understands its duty, pursuant to Section
20.055(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.
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Technical Assistance: Training and technical assistance is available to Subrecipient to assist in
the development and implementation of the CRF. This technical assistance shall be provided
by 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 must be returned to Florida Housing.
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 Florida Housing.
K. Contacts
1. Florida Housing's contract administrator for this Agreement is:
Contract Administrator
Florida Housing Finance Corporation
227 North Bronough St., Suite 5000
Tallahassee, Florida 32301-1329
Phone: 850.488,4197
E-mail: Contract,Admin@floridahousing.org
The Florida Housing program contact for this Contract is:
Robert Dearduff, Assistant Director of Special Programs
Florida Housing Finance Corporation
227 North Bronough St., Suite 5000
Tallahassee, Florida 32301-1329
Phone: 850.488.4197
E-mail: Robert.Dearduff@floridahousing.org
or the designated successor.
3. The Grantee's contract administrator for this Contract is:
Krist9 Sonntag, Director
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Phone: 239.252.2486
E-mail: kristi.sonntag@colliercountyfl.gov
or the designated successor.
L. 2 CFR Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts 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
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contract terms, and provide for such sanctions and penalties as appropriate.
(B) All 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
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order
1124E Relating to Equal Employment Opportunity," and implementing regulations at 41 CFRpart
60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities
must include a provision for compliance with the Davis -flacon Art (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 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 current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract or
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 contracts must 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 otherwise entitled. The non -Federal entity must report all suspected or reported violations to
the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
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 compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). 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 of 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 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 or 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 enter into a contract with a small business firm or nonprofit organization regarding the
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substitution of parties, assignment or performance of experimental, developmental, or research
work under 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.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended -Contracts and subgrants of amounts in excess of $150,000 must contain
a provision that requires the non -Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (L2 U.S.C. 7401-76� 71g) and the Federal
Water Pollution Control Act as amended (33 U.S.C, 1251-1387). Violations must be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency
(EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 Q CFR part 1986 Comp., p. 189) and 12689 (a CFR part 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 or regulatory authority other than Executive Order 12549.
(1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that 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 to tier up
to the non -Federal award.
(J) See § 200.322 Procurement of recovered materials.
(78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75$88, Dec. 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 Florida Housing to continue doing business with Subrecipient or assign any future
transaction to Subrecipient 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 provided 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
waiving the 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
transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Subrecipient in this Contract is
inaccurate, false or misleading in any respect;
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b. If any warranty or representation made by Subrecipient in this Contract or any other
outstanding agreement with Florida Housing is deemed by Florida Housing to be
inaccurate, false or misleading in any respect;
c. 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. If, in the sole discretion of Florida Housing, Subrecipient has failed to perform or complete
any of the services identified in the attachments;
e. If Subrecipient has not compiled with all Florida laws, federal laws, Florida Housing rules
or Florida Housing policies applicable to the work;
f. If Subrecipient has discriminated on the grounds of race, color, religion, sex, national
origin, or disability in performing any service identified in the attachments;
g. If Subrecipient does not comply with the terms and conditions set forth in Section
420.512(5), Fla. Stat.;
h. If Subrecipient commits fraud in the performance of its obligations under this Contract;
or
i. 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 Default listed in subparagraph 2. above, Florida Housing will
provide written notice of the Default detailing the grounds that constitute the Event of Default.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing
may provide Subrecipient a reasonable period of time to cure the Event of Default (Cure
Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Subrecipient
of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Subrecipient is unable or unwilling to cure
the Event of Default within the Cure Period, Florida Housing may exercise any remedy
permitted by law. The pursuit of any one of the following remedies shall not preclude Florida
Housing from pursuing any other remedies contained herein or otherwise provided at law or
in equity. The remedies include, but are not limited to the following:
Florida Housing may terminate the Contract on the loth 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 enforce
performance of the terms and conditions of this Contract;
c. 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
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the extent of non-compliance or lack of performance, issuing a written warning to advise
that more serious measures may be 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 Housing for the
amount of costs incurred; or
d. 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 any time upon 10 days
written notice 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 Subrecipient shall be responsible for all costs arising
from the resignation of the Subrecipient.
3. Upon expiration or termination of 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, 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 Florida Housing.
Indemnification: Nothing contained in this Agreement shall be construed to be a waiver by
either party of any protections under sovereign 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 of this Agreement
or any other contract.
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. Severabili�: 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.
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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 shall be valid only if reduced to
writing, duly signed by all of the parties hereto, and attached to 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 use by, any executive, judicial, or quasi-judicial department shall be used by any
state employee or other person for lobbying purposes.
Files Sub'ect 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.
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@floridahousing.org
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
Pll, in a form 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 shall take full responsibility for the security of all data in its
possession or in the possession of its subcontractors and shall hold Florida Housing
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 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, Subrecipient agrees to indemnify costs related to notification, legal fees,
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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 Florida Housing and/or any other parties shall take place via secure Advanced
Encryption Standards (AES), e.g. HTTPS, UPS, SUP 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 Florida Housing'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 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 dates) 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.
9. 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 Leon County.
b. No waiver by Florida Housing of any right or remedy granted hereunder or failure to insist
on strict performance by Subrecipient shall affect or extend or act as a waiver of any 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
Subrecipient. 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 Florida Housing under the terms of this
Agreement shall survive 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
be taken as an original.
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IN WITNESS WHEREOF, the parties have executed this Agreement Number045-2020, each through a duly
authorized representative, effective on the Effective Date.
COLLIER CO TY BOARD -OF CO Y MMISSIONERS
By: .
Name/Title: Lam. fi
Date:
FEIN: S� 6000 5 r5�
FLORIDAHOUSING FINANCE CORPORATION
By:�-
Name/Title:
Hugh R. Brown/General Counsel
Date: 8-24-20
Agreement 4045-2020
Coronavirus Relief Fund (CRF) Funding Agreement
Approved as to form atul legality
a�
Ass •tart County Attu + •y lap
�6
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07/14/2020
EXECUTIVE SUMMARY
Recommendation to approve the reallocation of estimated FY2020/2021 State Housing Initiatives
Partnership (SHIP) funds to the Coronavirus/Relief Fund for the SHIP program, authorize the
County Manager to sign the funding agreement upon arrival, and authorize the necessary
administrative budget reallocation amendment.
OBJECTIVE: To provide COVID-19 housing and utility assistance to individuals and households who
have lost employment or income in Collier County.
CONSIDERATIONS: Historically, the Community and Human Services Division (CHS) receives the
funding award from Florida Housing Finance Corporation (FHFC) during the month of June for the
upcoming grant cycle. To avoid disruption in services, and ensure compliance with the grant service
agreement requirements, the upcoming funding is estimated based on the amount approved during the
State FY 2020 legislative session and prior year program income receipts.
On June 23, 2020, Agenda Item #16D6, the Board of County Commissioners (Board) authorized a
Budget Amendment to allow continuous operation of the SHIP program prior to the execution of
2020/2021 estimated award and program income in the amount of $4,083,74 1.33. However, on June 29,
2020, Governor DeSantis vetoed the state fiscal year 2020-2021 fiscal appropriation for the SHIP due to a
budget shortfall caused by the ongoing COVID-19 emergency. Furthermore, on June 30, 2020, FHFC
notified Collier County that the SHIP funding for FY 2020-2021 is no longer available.
While the regular SHIP funding is no longer available, the State has been awarded funds from the
Coronavirus Relief Fund through the U.S. Treasury Department. FHFC intends to allocate these funds to
jurisdictions. It is expected that the funds will be used to fund housing and utility assistance programs by
those who are in need due to loss of employment/income due to the COVID-19 emergency. These funds
are expected to mirror the traditional SHIP program with an area median income (AMI) limit.
Due to this unexpected situation, staff anticipates receiving in the next few weeks the funding amount and
an agreement. It will be necessary to have this agreement executed while the Board is on summer recess
to allow staff to allocate the funds timely. Once the funds are awarded and the funding agreement is sent
back to FHFC, a timely turnaround will be imperative so that funds can be released.
When the final award allocation is received, any necessary Budget Amendments to reflect variations from
the estimated amount will be presented to the Board that requires Board approval. Changes such as
decreases will be notified to the Board through County Manager memorandum.
FISCAL IMPACT: An administrative Budget Amendment is needed to reallocate FY2020-2021 SHIP
estimated award to a new Coronavirus Relief project in the amount of $4,046,301 once final contract
agreements are received. All funds will be available in SHIP Grant Fund (791). This funding is in
addition to the County's primary CARES Act allocation through the Florida Department of Emergency
Management.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority
vote for Board approval. - JAB
RECOMMENDATION: To approve the reallocation of estimated FY2020/2021 State Housing
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