R20-076 1 RESOLUTION NO. R20-076
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
5 SIGN A CORONAVIRUS RELIEF FUND (CRF) SUBRECIPIENT
6 FUNDING AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH ("SUBRECIPIENT") AND THE FLORIDA HOUSING
8 FINANCE CORPORATION ("FLORIDA HOUSING") TO
9 GOVERN THE EXPENDITURE OF THE CRF FUNDS AND
10 SUBSEQUENTLY DISBURSED CRF FUNDS BY FLORIDA
11 HOUSING; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS,the City of Boynton Beach was awarded Coronavirus Relief Funds(CRF)
15 to be disbursed in up to two payments with the first totaling$263,000.00; and
16 WHEREAS,the pre-approved eligible purposes include Rental Assistance, Mortgage
17 Assistance, Emergency Home Repair, Foreclosure and Eviction Prevention, Homeowners
18 Assistance,Housing Re-Entry, and Homeownership Counseling programs and activities; and
19 WHEREAS,the Agreement establishes all requirements of the program for expending
20 the funds that address, in part, eligibility requirements, public notification, program time
21 period, auditing, and record keeping; and
22 WHEREAS, the City Commission has determined that it is in the best interests of
23 the residents of the City to approve and authorize the Mayor to sign a Coronavirus Relief Fund
24 (CRF) Subrecipient Funding Agreement between The CITY OF BOYNTON BEACH
25 ("Subrecipient") and the FLORIDA HOUSING FINANCE CORPORATION ("Florida
26 Housing")to govern the expenditure of the CRF funds and subsequently disbursed CRF funds
27 by Florida Housing.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
29 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
S:\CA\RESO\Agreements\Approve Coronavirus Relief Fund Subrecipient Agreement- Reso.Docx
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 Section 2. The City Commission approves and authorizes the Mayor to sign a
34 Coronavirus Relief Fund (CRF) Subrecipient Funding Agreement between The CITY OF
35 BOYNTON BEACH ("Subrecipient") and the FLORIDA HOUSING FINANCE
36 CORPORATION ("Florida Housing") to govern the expenditure of the CRF funds and
37 subsequently disbursed CRF funds by Florida Housing. A copy of the Agreement is attached
38 hereto as Exhibit"A".
39 Section 3. This Resolution shall become effective immediately upon passage.
40 PASSED AND ADOPTED this 114-day of August, 2020.
41 CITY OF BOYNTON BEACH, FLORIDA
42
43 YES NO
44
45 Mayor—Steven B. Grant
46
47 Vice Mayor—Ty Penserga ✓
48
49 Commissioner—Justin Katz
50
51 Commissioner—Woodrow L. Hay
52
53 Commissioner—Christina L. Romelus
54
55
56 VOTE
57
58 ATTEST:
59
60
61
62 C stal Gibson,MMC
63 City Clerk f'; "' .Y'
65
66 (Corporate Seal) -,
1020
S:\CA\RESO\Agreements\Approve Coronavirus Relief fund Subrecipient Agreement- Reso.Docx
' ti RIC` ,
CORONAVIRUS RELIEF FUND(CRF)
SUBRECIPIENT AGREEMENT
THIS FUNDING AGREEMENT("Agreement") is entered into by and among CITY OF BOYNTON BEACH
("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").
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
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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Coronavirus Relief Fund(CRF)Funding Agreement
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-for-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:$263,630.
2. 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.
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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: U 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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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.
a. 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:
i. 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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v. A statement that it is a first-degree misdemeanor to falsify information for the purpose
of obtaining assistance.
E. Allowable Rental Assistance(Subsidies):Assistance may be 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 be at 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 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.
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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. Subrecipient'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;
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: 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 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 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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5. 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
2. 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:
Lashea Brooks, Interim Community Improvement Manager
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Phone: 561.742.6066
E-mail: Brooksl@bbfl.us
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 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
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-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 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 42 U.S.C. 7401-7671q)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 (3 CFR part 1986 Comp., p. 189) and 12689 (3 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.
(I) 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 75888, 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 complied 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:
a. Florida Housing may terminate the Contract on the 10th 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.
0. General Provisions
1. Compliance with all Applicable Laws and Regulations: Subrecipient must comply with all
applicable federal, state and local laws, rules, regulations, and ordinances in administering
CRF under this Agreement.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.
2. Indemnification: Nothing contained in this Agreement shall be construed to be a waiver by
either party of any protections under sovereign immunity,Section 768.28 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.
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 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.
7. 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.
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
8. 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 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, 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 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 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.
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 Number 103-2020,each through a duly
authorized representative,effective on the Effective Date,
CITY Of BOYNTO B` CH
go,"---
By: ..--"fr 73: ,
Name/Title: Steven B. Grant, Mayor
Date: August 14, 2O2�0
FEIN: / -- 62 6`-�'�✓ 'Cl. a.._
FLORIDA HOUSING FINANCE CORPORATION
By: —
Hugh R. Brown/General Counsel
Name/Title:
Date: 8-18-20
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