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CONTRACT FOR
HHF ADVISOR SERVICES FOR THE HFA HARDEST HIT FUND UNEMPLOYMENT
MORTGAGE ASSISTANCE PROGRAM AND MORTGAGE LOAN
REINSTATEMENT PROGRAM
BETWEEN
FLORIDA HOUSING FINANCE CORPORATION
AND
CITY OF MIAMI
s
aPgll i l
This Contract for Hardest Hit Fund (HHF) Advisor Services for the HFA Hardest Hit
Fund Unemployment Mortgage Assistance Program (UMAP) and Mortgage Loan Reinstatement
Program (MLRP) #2010-07-02-077 (Contract) is entered into by and between the FLORIDA
HOUSING FINANCE CORPORATION (Florida Housing), a public corporation and a public
body corporate and politic, with headquarters located at 227 North Bronough Street, Suite 5000,
Tallahassee, Florida, 32301, and City of Miami, a Florida Municipal Corporation (HHF Advisor)
located at 444 S.W. 2nd Avenue, Miami, Florida. This Contract shall become effective upon the
date the last party signs the Contract (Effective Date).
MUTUAL UNDERSTANDINGS
Florida Housing was directed by the U.S. Department of the Treasury (Treasury) to
create and administer foreclosure prevention assistance programs that address the unique issues
of our state. Treasury requires that Florida use a portion of these funds specifically for targeted
unemployment programs that provide temporary assistance to eligible homeowners. These
targeted unemployment programs are as follows:
• Unemployment Mortgage Assistance Program (UMAP) will provide up to 18 months of
payments to the mortgage lender to assist unemployed/underemployed borrowers with
their first mortgage until they can resume payments on their own.
• Mortgage Loan Reinstatement Program (MLRP) will be used to bring a delinquent
mortgage current for a homeowner who has returned to work or recovered from
underemployment.
The UMAP and the MLRP are referred to collectively as the "Unemployment Programs."
As used herein, the term "Applicant" means the borrower (including any co -borrower)
under a mortgage loan who applies for assistance under the Unemployment Programs.
The HHF Advisor shall perform and render the services identified in this contract as an
independent Contractor and not as an agent, representative, or employee of Florida Housing.
These services shall be known as "Contractor and professional services" and shall include, but
not limited to, the provision of advice and assistance to Florida Housing in the following areas:
• Applicant intake;
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• Determination of the Applicant's eligibility for assistance under UMAP and/or MLRP;
• Continuing case management of Applicants assisted with UMAP/MLRP; and
• Reporting activities.
Florida Housing has a need for such services and does hereby accept the offer of the HHF
Advisor upon the terms and conditions outlined in this Contract.
Florida Housing has the authority pursuant to Florida Law to direct disbursement of
funds for compensation to the HHF Advisor under the terms and provisions of this Contract.
NOW, THEREFORE, the parties agree as follows:
1. RECORDKEEPING
The HHF Advisor must use Counselor Direct, the client management software available
at www.FLhardesthithelp.org to provide the required data elements under the Contract
2. ENGAGEMENT OF THE HHF ADVISOR
The HHF Advisor agrees to provide the services in accordance with the terms and
conditions hereinafter set forth, unless otherwise stated in this Contract. The HHF Advisor
understands and agrees that all services under this Contract are to be performed solely by the
HHF Advisor, unless prior written approval and consent is received from Florida Housing for
any subcontract or assignment of services.
The HHF Advisor shall use the applicable criteria set forth in the Advisor Hardest Hit
Fund Procedure Manual dated February 2011, a copy of which is attached hereto and
incorporated herein by reference, to determine the Applicant's eligibility for UMAP and MLRP
assistance. These criteria have already been modified based on lessons learned during the pilot
program and it is anticipated that further modifications may be necessary. Updated procedures
will be made available to the HHF Advisor in the Counselor Direct system. The HHF Advisor is
required to apply the eligibility criteria in effect at the time the eligibility determination is made
for an Applicant.
References herein to this Contract shall be deemed to include the attached manual, as
same be modified from time to time during the term hereof.
3. INCORPORATION OF MUTUAL UNDERSTANDNGS, LAWS, RULES AND
REGULATIONS
The Mutual Understandings set out above are incorporated into and made a part of this
Contract.
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Applicable federal and state laws, rules, and regulations, as well as such written
directives and guidance as may be issued from time to time by Treasury with regard to the
Unemployment Programs, shall govern both the HHF Advisor and Florida Housing.
4. EFFECTIVE DATE AND TERM OF AGREEMENT
This Contract shall begin upon the date the last party signs the Contract (Effective Date).
The term of this Contract shall be for a period of two (2) years following the Effective
Date, subject to satisfactory performance of the HHF Advisor at the sole discretion of Florida
Housing. If the parties mutually agree in writing, the Contract may be renewed up to three (3)
times. Each renewal shall be for an additional one-year period.
5. MODIFICATION OF AGREEMENT
Either party may request a modification of the provisions of this Contract. Modifications
that are mutually agreed upon shall be valid only when reduced to writing, signed by the parties
and attached to this Contract. All other terms and provisions, not so modified, shall remain in
full force and effect.
6. COMPENSATION
The HHF Advisor will not be permitted to charge the borrower for any services rendered.
All compensation will be supplied by Florida Housing and the HFA Hardest Hit Fund in
amounts set forth below:
• Determination of eligibility for UMAP/MLRP - $250 per Applicant
• Closing - $100
• Monthly case management - $75 per month per Applicant
• Initial one-time start-up payment of $2,400, upon execution of the contract.
7. FILES
The HHF Advisor shall maintain all documents and information received or generated in
connection with any Applicant in a manner which safeguards the privacy of the Applicant's
information. Paper documentation must be kept in secured file cabinets. Scanned or
electronically stored documents must be safeguarded in a fashion that securely maintains
Applicant privacy.
(a) Contents of the Files: The HHF Advisor shall maintain Applicant files containing
documentation sufficient to verify an Applicant's eligibility (or ineligibility) for UMAP and/or
MLRP assistance in accordance with the applicable eligibility guidelines under this Contract, as
well as all compensation paid to the HHF Advisor for services rendered in connection with this
Contract; such files shall include reports, records, documents, papers, letters, computer files, or
other material received, generated, maintained or filed by the HHF Advisor in connection with
this Contract.
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(b) Retaining the Files: The HHF Advisor must retain the files for a minimum of
three (3) years from the outcome date or longer if there is an audit, investigation or litigation in
progress. Additional time may also be required if other assistance programs are used with longer
retention periods. It is the HHF Advisor's responsibility to determine the proper retention
period. At the time of disposal, paper files may be shredded, incinerated or buried in a public
landfill, in accordance with State laws and rules. For electronic records containing information
that is confidential or exempt from disclosure, appropriate destruction methods include physical
destruction of storage media such as by shredding, crushing, or incineration; high-level
overwriting that renders the data unrecoverable; or degaussing/demagnetizing.
(c) Access to the Files: The HHF Advisor and its employees shall allow Florida
Housing, or its agent(s) and compliance monitor(s), physical access to the files and records
maintained by the HHF Advisor under this Contract during normal business hours, 9:00 a.m. to
5:00 p.m., Eastern Time, Monday through Friday, provided such day is not a holiday. Florida
Housing shall make reasonable effort, but shall not be required, to notify the HHF Advisor 24-
hours in advance of such visit; such notice may be in the form of a phone call or an email
directed to the HHF Advisor's contract administrator as designated in this Contract.
(d) Files Subject to Florida's Public Records Law: Any file, report, record,
document, paper, letter, or other material received, generated, maintained or sent by the HHF
Advisor in connection with this Contract is subject to the provisions of Section 119.01-.19, Fla.
Stat., as may be amended from time to time (Florida's Public Records Law). The HHF Advisor
represents and acknowledges that it has read and understands Florida's Public Records Law and
agrees to comply with Florida's Public Records Law.
(e) Electronic Files and Records: The HHF Advisor understands that its services
under this Contract are subject to ongoing monitoring and review by Florida Housing or by its
compliance monitors. Because of the cost, time and disruption associated with on -site audits, the
parties intend that the compliance monitoring under this Contract be conducted off -site to the
extent possible. The HHF Advisor shall maintain its files and records in connection with the
services rendered under this Contract in electronic form and, upon request, shall transmit
electronic copies of those files and records to Florida Housing, or to its compliance monitor(s),
or to Treasury, or to its designee(s). The HHF Advisor shall transmit electronic copies of the
requested files or records to the requesting party promptly following request, but in no event later
than 12:00 noon on the next business day following the day of the request. Florida Housing
reserves its rights under Section 7. (c) of this Contract to conduct on -site inspections of the HHF
Advisor's files and records under this Contract.
8. LIABILITY
(a) Florida Housing shall not be deemed to have assumed any liability for the acts,
omissions, or negligence of the HHF Advisor, its agents, its servants, or employees, and the HHF
Advisor specifically accepts responsibility for its acts, omissions or negligence and for the acts,
omissions or negligence of its agents, servants or employees, and holds Florida Housing
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harmless from the claims of any third party which may arise due to the acts, omissions, or
negligence of the HHF Advisor or its agents, servants or employees. The HHF Advisor further
acknowledges that it is not an employee or agent of Florida Housing while performing the
services contemplated by this Contract. Rather, the HHF Advisor acknowledges that it is
performing the services under this Contract as an independent contractor. The HHF Advisor
warrants and represents that it is authorized to do business in the State of Florida, and that it has
and will maintain at all times during the term of this Contract all requisite licenses and permits as
may be required for doing business and practicing its profession.
(b) The HHF Advisor specifically accepts responsibility for compliance with all
applicable Florida laws, federal laws, Florida Housing rules and Florida Housing policies.
(c) The HHF Advisor specifically accepts responsibility for the payment of all
income taxes, assessments, or contributions that may be required to be paid to any unit of
government as a result of the payments paid to or by the HHF Advisor in conjunction with the
services rendered pursuant to this Contract or in connection with the HHF Advisor's property. At
no time shall the HHF Advisor make any commitments for or incur any charges or expenses for,
or in the name of, Florida Housing.
(d) Nothing herein is intended to serve as a waiver of sovereign immunity by Florida
Housing.
(e) The HHF Advisor shall not be relieved of liability to Florida Housing for
damages sustained by Florida Housing by virtue of any termination or breach of this Contract by
the HHF Advisor.
(f) The HHF Advisor operates a self insured program in accordance and subject the
limitations of Section 768.28 of the Florida Statutes. The HHF Advisor hereby agrees to provide
Florida Housing with a letter of self insurance throughout the term of the contract.
9. DEFAULT AND REMEDIES
(a) If any of the events listed in subparagraph (b) (Events of Default) occur, all
obligations on the part of Florida Housing to continue doing business with the HHF Advisor or
assign any future transaction to the HHF Advisor 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
HHF Advisor as a participant after the happening of any event listed in subparagraph (b) without
waiving the right to exercise such remedies, without constituting a course of dealing, and without
becoming liable to include the HHF Advisor in the final transaction.
(b) Events of Default shall include, but not be limited to, the following:
i. If any report, information, representation or material provided by the HHF
Advisor in this Contract, is inaccurate, false or misleading;
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ii. If any warranty or representation made by the HHF Advisor 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;
iii. If the HHF Advisor 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;
iv. If, in the sole discretion of Florida Housing, the HHF Advisor has failed to
perform or complete any of the services identified in this Contract;
v.
If the HHF Advisor has not complied with all Florida laws, Federal laws,
Florida Housing rules or Florida Housing policies applicable to the work
or services to be provided under this Contract;
vi. If the HHF Advisor permits or engages in discrimination against any
Applicant on any prohibited basis, including, but not limited to, gender,
race, religion, color, familial status, national origin, ancestry, creed,
pregnancy, martial or parental status, sexual orientation, or physical,
mental, emotional or learning disability in performing any service
identified in this Contract;
vii. If the HHF Advisor does not comply with the terms and conditions set
forth in Section 420.512(5), Fla. Stat.;
viii. If the HHF Advisor commits fraud or engages in activities deemed
fraudulent or misleading by Florida Housing;
ix. If the HHF Advisor refuses to permit public access to any document,
paper, letter, or other material subject to disclosure under Florida's Public
Records Law; or
x. If the HHF Advisor, or any of its staff, are listed on Florida Housing's Past
Due or Non -Compliance List (available on Florida Housing's website).
(c) Upon the happening of any Events of Default listed in subparagraph (b) above,
Florida Housing will provide written notice of the Default through first class certified mail,
return receipt requested (Notice of Default), to the address set forth in Section 11 herein.
(d) Upon the happening of any Events of Default listed in subparagraph (b), Florida
Housing may provide the HHF Advisor a period of time to cure the Event of Default (Cure
Period). If Florida Housing provides a Cure Period, Florida Housing will notify the HHF
Advisor of the length of the Cure Period in the Notice of Default.
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(e) Upon the happening of any Event of Default, or if Florida Housing provides a
Cure Period and if the HHF Advisor is unable or unwilling to cure the Event of Default within
the Cure Period, Florida Housing may exercise any remedy pennitted 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:
i. Florida Housing may terminate the Contract;
ii. Florida Housing may commence an appropriate legal or equitable action to
enforce performance of the terms and conditions of this Contract;
iii. Florida Housing may exercise any corrective or remedial actions
including, but not limited to, requesting additional information from the
HHF Advisor to determine the reasons for or 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 HHF Advisor to suspend, discontinue or refrain from incurring fees or
costs for any activities in question or requiring the HHF Advisor to
reimburse Florida Housing for the amount of costs incurred; or
iv. Florida Housing may exercise any other rights or remedies that may be
otherwise available under law.
10. TERMINATION
(a) Florida Housing may terminate this Contract without cause and the Contract will
automatically terminate on the tenth (10th) day after the representative of the HHF Advisor as
identified in Section 11 receives written notice through first class certified mail, return receipt
requested (Termination Notice). This Termination Notice shall be sent to the representative of
the HHF Advisor identified in Section 11 herein.
(b) Florida Housing shall unilaterally terminate this Contract on the tenth (10th) day
after the representative of the HHF Advisor as identified in Section 11 receives the Termination
Notice if the HHF Advisor fails to comply with Florida's Public Records Law.
(c) Florida Housing shall unilaterally terminate this Contract on the tenth (10`h) day
after the representative of the HHF Advisor as identified in Section 11 receives the Termination
Notice if the HHF Advisor fails to comply with the terms and conditions set forth in s.
420.512(5), Fla. Stat.
(d) Florida Housing may terminate the Contract for cause, including, but not limited
to, the Events of Default contained in this Contract. The Contract will automatically terminate on
the tenth (10th) day after the representative of the HHF Advisor as identified in Section 11
receives the Termination Notice.
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(e) This Contract may be terminated by either party upon ten (10) days written notice.
The Contract will automatically terminate on the tenth (10th) day after all the parties consent in
writing to the Termination Notice.
11. ADMINISTRATION OF CONTRACT
(a) The Florida Housing contract administrator for this Contract is:
Sherry Green
Contracts Administrator
Florida Housing Finance Corporation
227 North Bronough St., Suite 5000
Tallahassee, Florida 32301-1329
Phone: (850) 488-4197
Facsimile: (850) 414-6548
E-mail: sherry.green@floridahousing.org
or the designated successor.
(b) The primary HHF Advisor contract administrator for this Contract is:
George Mensah
Director
City of Miami, Department of Community Development
Miami, Florida 33130
Phone: (305) 416-2080
Facsimile: (305) 416-2090
Cellular:
E-mail: gmensah@miamigov.com
or designated successor.
(c) If applicable, the additional HHF Advisor contract administrator for this Contract is:
Alfredo Duran
Deputy Director
City of Miami, Department of Community Development
444 S.W. 2nd Avenue, Miami, FL 33130
Phone: (305) 416-2080
Facsimile: (305) 416-2090
Cellular:
E-mail: aduran@miamigov.com
or the designated successor.
(e) The Florida Housing program contact for this Contract is:
David Westcott
Director of Homeownership Programs
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Florida Housing Finance Corporation
227 North Bronough St., Suite 5000
Tallahassee, Florida 32301-1329
Phone: (850) 488-4197
Facsimile: (850) 488-9809
E-mail: david.westcott@floridahousing.org
or the designated successor.
(f) All written and verbal approvals referenced in this Contract shall be obtained from
the parties' contract administrator or their respective designees.
(g) All notices shall be given to the parties' respective contract administrators or their
respective designees.
12. CONFIDENTIALITY
(a) Subject to the provisions of Florida's Public Records Law, as applicable to
Florida Housing, all materials furnished to Florida Housing pursuant to this Contract are
confidential and the HHF Advisor will treat such materials as confidential and will not reveal or
discuss such materials or any other information learned as a result of this Contract with any other
person or entity, except as authorized or directed by Florida Housing.
(b) In addition, working papers, copies, internal documents, procedures, methods and
related materials are considered confidential and/or proprietary and the HHF Advisor shall treat
such information as confidential and/or proprietary and shall not reveal or discuss any such
information with any other person or entity, except as authorized or directed by Florida Housing.
All such records and materials will remain the property of Florida Housing.
(c) If the HHF Advisor is required to disclose or publish the existence or terms of this
Contract pursuant to Florida's Public Records Law, then the HHF Advisor shall notify Florida
Housing in writing of such disclosure within two (2) days after receipt of the Public Records
request.
13. OTHER PROVISIONS
(a) This Contract shall be construed under the laws of the State of Florida and venue
for any actions arising out of this Contract shall lie in Leon County.
(b) If any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision shall be deemed null and void to the extent of such
conflict and shall be deemed severable, but shall not invalidate any other provision of this
Contract.
(c) No waiver by Florida Housing of any right or remedy granted hereunder or failure
to insist on strict performance by the HHF Advisor 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
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same right or remedy by Florida Housing for any further or subsequent default by the HHF
Advisor. A waiver or release with reference to any one event shall not be construed as continuing
or as constituting a course of dealing.
(d) Any power of approval or disapproval granted to Florida Housing under the terms
of this Contract shall survive the terms and life of this Contract as a whole.
(e) The Contract may be executed in any number of counterparts, any one of which
may be taken as an original.
14. LOBBYING PROHIBITION
No funds compensation or other resources received in connection with this Contract may
be used directly or indirectly to influence legislation or any other official action by the Florida or
Federal Legislature or any state or federal agency. The HHF Advisor further acknowledges that
it has not retained the services of any lobbyist or consultant to assist in the procurement and
negotiation of this Contract.
15. COPYRIGHT, PATENT AND TRADEMARK
(a) If the HHF Advisor brings to the performance of this Contract a pre-existing
copyright, patent or trademark, the HHF Advisor shall retain all rights and entitlements to that
pre-existing copyright, patent or trademark unless the Contract provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result
of work or services performed under this Contract, or in any way connected herewith, the HHF
Advisor shall refer the discovery or invention to Florida Housing for a determination whether
patent protection will be sought in the name of Florida Housing. Any and all patent rights
accruing under or in connection with the performance of this Contract are hereby reserved to
Florida Housing. In the event that any books, manuals, films, or other copyrightable material are
produced, the HHF Advisor shall notify Florida Housing in writing. Any and all copyrights or
trademarks created by or in connection with the performance under this Contract are hereby
reserved to Florida Housing.
(c) All subcontracts or other arrangements entered into by the HHF Advisor, with
prior written approval and consent of Florida Housing, for the purpose of developing or
procuring copyrightable materials (e.g., audiovisuals, computer programs, software, publications,
curricula, research materials or training materials, etc.) shall specifically reference and reserve
Florida Housing's exclusive rights to use and exploit copyrights and licenses to the extent
permitted by copyright law and Florida Statutes.
16. LEGAL AUTHORIZATION
The HHF Advisor certifies with respect to this Contract that it possesses the legal
authority to enter into this Contract and that, if applicable, its governing body has authorized, by
resolution or otherwise, the execution and acceptance of this Contract with all covenants and
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assurances contained herein. The HHF Advisor also certifies that the undersigned possesses the
authority to legally execute and bind the HHF Advisor to the terms of this Contract.
17. PUBLIC ENTITY CRIME
A person or affiliate, who has been placed on the convicted vendor list, following a
conviction for a public entity crime, may not:
a. submit a bid on a contract to provide any goods or services to a public entity;
b. submit a bid on a contract with a public entity for the construction or repair of a
public building or public work;
c. submit bids on leases of real property to a public entity;
d. be awarded or perform work as a consultant, supplier, subcontractor, or consultant
under a contract with any public entity, and;
e. transact business with any public entity in excess of the threshold amount provided in
s. 287.017, Fla. Stat., for CATEGORY TWO: $25,000, for a period of 36 months
from the date of being placed on the convicted vendor list. Any contract in violation
of this provision shall be null and void.
18. CONFLICTS OF INTEREST
(a) Pursuant to Section 420.512(5), Fla. Stat.:
"Service providers shall comply with the following standards of conduct as a
condition of eligibility to be considered or retained to provide services. For
purposes of paragraphs (a), (b), and (c) only, the term `service provider' means
and is limited to a law firm, an investment bank, or a credit underwriter, and the
agents, officers, principals, and professional employees of the service provider.
(a) A service provider may not make contributions in any amounts, directly or
indirectly, for or on behalf of candidates for Governor, nor shall any service
provider make a contribution in excess of $100 to any candidate for a member of
the State Board of Administration other than the Governor in Florida while the
service provider is included in an applicant pool from which service providers are
selected to provide services to the corporation, while the service provider provides
services to the corporation, and for the longer of a period of 2 years thereafter or
for a period through the next general election for Governor.
(b) The service provider shall not participate in fundraising actit,ties for or
behalf of candidates for Governor in Florida while the service pm,`'
in an applicant pool from which service providers are selected tT*
to the corporation, while the service provider provides services t
and for the longer of a period of 2 years thereafter or for a period iiext
general election for Governor.•
(c) Service providers shall provide to,the corporat. Ewa statement that the service
provider has not contributed to can. 'dates r Grnor or contributed in excess
of the amounts allowed by iit j ' tioi r a member of the State Board of
Administration ovengaged in- i $.Activities for or on behalf of candidates
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for Governor in Florida since the effective date of this section or during the 24
months preceding the service provider's application to provide services to the
corporation, whichever period is shorter.
(d) The service provider may not engage in prohibited business solicitation
communications with officers, members, or covered employees of the
corporation.
(e) If a service provider is in doubt as to whether its activities, or the activities of
its principals, agents, or employees, violate the provisions of this section, it may
request a declaratory statement in accordance with the applicable rule and s.
120.565, Fla. Stat.
(f) If the corporation determines that a service provider has failed to meet the
provisions of this section, it shall consider the magnitude of the violation and
whether there has been a pattern of violations in determining whether to terminate
or decline to enter into contracts with the service provider."
(b) Section 420,503(31), Fla. Stat., states:
" `Prohibited business solicitation communication' means a private written or
verbal communication between a member, officer, or covered employee of the
corporation and a service provider regarding the merits of the service provider and
whether the corporation should retain the services of the service provider. The
term does not include:
(a) A verbal communication made on the record during a public meeting;
(b) A written communication provided to each member and officer of the
corporation and made part of the record at a public meeting;
(c) A written proposal or statement of qualifications submitted to the corporation
in response to a corporation advertisement seeking proposals or statements of
qualifications as part of a competitive selection process.
(d) A verbal or written communication related to the contractual responsibilities
of a service provider who was selected to provide:services or who was included in
,p>;f,ervice providers eligible to provide serVices as a result of a competitive
,._ f�process, so long as the communication; oes not.ralate`hsolicitation of
or written comma. ation related tb a proposed meth d of financing
i ets, so lon :; e communication does not relate to solicitation
A'• ecuting phis contract, the HHF Advisor certifies that it shall comply with,
i• U.n,
grid is currently in compliance with, Section 420.51�5), Fla. Stat., as amended.
•(d) The HHF Advisor will certify th ` staff airtd `volunteers who will provide
services under the Contract have no conflict(s)of i r,.
�t��t�t�ue to relationships with servicers, real
estate agencies, mortgage lenders, homeowners., or' puysehold members, family members and/or
other persons or entities that may stand to , . t'1 particular outcomes
a
(e) In addition to the confl` ,statutes, should
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the HHF Advisor become aware or any actual, apparent, or potential conflict of interest or should
any such actual, apparent, or potential conflict of interest come into being subsequent to the
effective date of this Contract and prior to the conclusion of the Contract, the HHF Advisor will
provide notification to Florida Housing, through first class certified mail, return receipt requested
(Notice of Conflict of Interest), to the address set forth in Section 11 herein, within ten (10)
working days. If the HHF Advisor is found to be in non-compliance with this provision, without
prior written consent from Florida Housing's Executive Director, any compensation received in
connection with this Contract shall be subject to forfeiture to Florida Housing.
19. TECHNICAL ASSISTANCE
A technical assistance provider (TAP) may be assigned to the HHF Advisor by and at the
discretion of Florida Housing at any time during the term of this Contract. In such case, the TAP
may evaluate the HHF Advisor to determine experience and capacity levels and submit written
recommendations and observations to Florida Housing. In no event, however, shall the TAP
manage, control or direct the manner in which the HHF Advisor renders the services
contemplated under this Contract.
20. FACILITIES
The facilities and premises used by the HHF Advisor in providing the services under this
Contract shall be maintained in commercially reasonable clean and safe condition, and accessible
to all persons, including persons with disabilities.
21. OTHER LANGUAGES
The HHF Advisor must be prepared to communicate with non-English' speaking
Applicants in providing the services contemplated under this Contract. To that end, the HHF
Advisor ,either must have staff fluent in the language of an , such 'applicant or use interpreter
se ' }nsure that such Applicant has access to: ices • • - .grams contemplated
ntract.
against any Applicant on
ce, religion, color, familial status,
or parental status, sexual orientation, or
The HHF Advisor agrees to comply with quality control, compliance and evaluation of
the Unemployment Mortgage Assistance Program and Mortgage Loan Reinstatement Program
for activities performed pursuant to the Contract.
24. ENTIRE AGREEMENT
13
Contract # 2010-07-02-077
APPROVED AS TO
INSURANCE REQUIREMENTS:
By:
Gary Reshefsky
Risk Management
14
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
This Contract, including any and all attachments, embodies the entire agreement of the
parties. There are no other provisions, terms, conditions or obligations between the parties. The
Contract supersedes all previous oral or written communications, representations or agreements
on this subject.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by
their undersigned representatives as duly authorized.
By: Tony E. Crapp, Jr.
Name:
Title: City Manager
FEIN:
DATE:
FLORIDA HOUSING FINANCE CORPORATION
By:
Name:
Title:
DATE:
ATTEST:
By:
AP.,PROVTDAS TO FORM AND
CREC SS:
Priscilla A. Thompson
City Clerk By:
Julie O. Bru
City Attorney
Contract # 2010-07-02-077
SUBSTITUTED
CONTRACT FOR
HF ADVISOR SERVICES FOR THE HFA HARDEST HIT FUND UNEMPLOYMENT
MORTGAGE ASSISTANCE PROGRAM AND MORTGAGE LOAN
REINSTATEMENT PROGRAM
BETWEEN
FLORIDA HOUSING FINANCE CORPORATION
AND
CITY OF MIAMI
This Co act for Hardest Hit Fund (HHF) Advisor Services for the HFA Hardest Hit
Fund Unemploym, t Mortgage Assistance Program (UMAP) and Mortgage Loan Reinstatement
Program (MLRP) i 10-07-02-001 (Contract) is entered into by and between the FLORIDA
HOUSING FINANC 1 ORPORATION. (Florida Housing), .a public corporation and a public
body corporate and poli with headquarters located at 227 North Bronough Street, Suite 5000,
Tallahassee, Florida, 3230 . and City of Miami, a Florida Municipal Corporation (HHF Advisor)
located at 444 S.W. 2nd Ave e, Miami, Florida. This Contract shall become effective upon the
date the last party signs the Co act (Effective Date).
AL UNDERSTANDINGS
Florida Housing was directed the U.S. Department of the Treasury (Treasury) to
create and administer foreclosure preven 'n assistance programs that address the unique issues
of our state. Treasury requires that Florida .e a portion of these funds specifically for targeted
unemployment programs that provide tem s ary assistance to eligible homeowners. These
targeted unemployment programs are as follow
• Unemployment Mortgage Assistance Progr• (UMAP) will provide up to 18 months of
payments to the mortgage lender to assist ployed/underemployed borrowers with
their first mortgage until they can resume payme on their own.
• Mortgage Loan Reinstatement Program (MLRP) be used to bring a delinquent
mortgage current for a homeowner who has retu • to work or recovered from
underemployment.
The UMAP and the MLRP are referred to collectively as the employment Programs."
As used herein, the term "Applicant" means the borrower (incl g any co -borrower)
under a mortgage loan who applies for assistance under the Unempl. ent Programs.
The HHF Advisor shall perform and render the services identified in t . contract as an
independent Contractor and not as an agent, representative, or employee of F 'da Housing.
These services shall be known as "Contractor and professional services" and sha elude, but
not limited to, the provision of advice and assistance to Florida Housing in the followi areas:
• Applicant intake;
Contract #
1
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Determination of the Applicant's eligibility for assistance under UMAP and/or MLRP;
Continuing case management of Applicants assisted with UMAP/MLRP; and
Reporting activities.
orida Housing has a need for such services and does hereby accept the offer of the HHF
Advisor 'on the terms and conditions outlined in this Contract.
Flori• Housing has the authority pursuant to Florida Law to direct disbursement of
funds for com • sation to the HHF Advisor under the terms and provisions of this Contract.
NOW, TH : ' EFORE, the parties agree as follows:
1 RECORDKE
The HHF Advisor •ust use Counselor Direct, the client management software available
at www.FLhardesthithel •.o . to provide the required data elements under the Contract
2. ENGAGEMENT OF TH HF ADVISOR
The HHF Advisor agrees t• •rovide the services in accordance with the terms and
conditions hereinafter set forth, unles otherwise stated in this Contract. The HHF Advisor
understands and agrees that all services der this Contract are to be performed solely by the
HHF Advisor, unless prior written appro and consent is received from Florida Housing for
any subcontract or assignment of services.
The HHF Advisor shall use the applica
Fund Procedure Manual dated February 2011,
incorporated herein by reference, to determine the
assistance. These criteria have already been modifie
program and it is anticipated that further modifications
will be made available to the HHF Advisor in the Counse
required to apply the eligibility criteria in effect at the time
for an Applicant.
criteria set forth in the Advisor Hardest Hit
copy of which is attached hereto and
licant's eligibility for UMAP and MLRP
ed on lessons learned during the pilot
ay be necessary. Updated procedures
Direct system. The HHF Advisor is
e eligibility determination is made
References herein to this Contract shall be deemed to
same be modified from time to time during the term hereof
ude the attached manual, as
3. INCORPORATION OF MUTUAL UNDERSTANDNGS, AWS RULES AND
REGULATIONS
The Mutual Understandings set out above are incorporated into and i ade a part of this
Contract.
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2
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Applicable federal and state laws, rules, and regulations, as well as such written
directives and guidance as may be issued from time to time by Treasury with regard to the
employment Programs, shall govern both the HHF Advisor and Florida Housing.
EFFECTIVE DATE AND TERM OF AGREEMENT
's Contract shall begin upon the date the last party signs the Contract (Effective Date).
The of this Contract shall be for a period of two (2) years following the Effective
Date, subject satisfactory performance of the HHF Advisor at the sole discretion of Florida
Housing. If the . rties mutually agree in writing, the Contract may be renewed up to three (3)
times. Each renewhall be for an additional one-year period.
5. MODIFICATI • OF AGREEMENT
Either party may r
that are mutually agreed upo
and attached to this Contract.
full force and effect.
6. COMPENSATION
a modification of the provisions of this Contract. Modifications
all be valid only when reduced to writing, signed by the parties
other terms and provisions, not so modified, shall remain in
The HHF Advisor will not be perm ed to charge the borrower for any services rendered.
All compensation will be supplied by Flo • a Housing and the HFA Hardest Hit Fund in
amounts set forth below:
• Determination of eligibility for LRP - $250 per Applicant
• Closing - $100
• Monthly case management - $75 per mon .er Applicant
• Initial one-time start-up payment of $2,400, •on execution of the contract.
7. FILES
The HHF Advisor shall maintain all documents and inform. 'on received or generated in
connection with any Applicant in a manner which safeguards the vacy of the Applicant's
information. Paper documentation must be kept in secured file abinets. Scanned or
electronically stored documents must be safeguarded in a fashion t securely maintains
Applicant privacy.
(a) Contents of the Files: The HHF Advisor shall maintain Applican les containing
documentation sufficient to verify an Applicant's eligibility (or ineligibility) for • and/or
MLRP assistance in accordance with the applicable eligibility guidelines under this ontract, as
well as all compensation paid to the HHF Advisor for services rendered in connectio ith this
Contract; such files shall include reports, records, documents, papers, letters, computer es, or
other material received, generated, maintained or filed by the HHF Advisor in connectio ith
this Contract.
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3
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(b) Retaining the Files: The HHF Advisor must retain the files for a minimum of
three (3) years from the outcome date or longer if there is an audit, investigation or litigation in
rogress. Additional time may also be required if other assistance programs are used with longer
ention periods. It is the HHF Advisor's responsibility to determine the proper retention
pe 'd. At the time of disposal, paper files may be shredded, incinerated or buried in a public
land in accordance with State laws and rules. For electronic records containing information
that is • fidential or exempt from disclosure, appropriate destruction methods include physical
destructi. of storage media such as by shredding, crushing, or incineration; high-level
overwritin : at renders the data unrecoverable; or degaussing/demagnetizing.
(c) ess to the Files: The HHF Advisor and its employees shall allow Florida
Housing, or its . -nt(s) and compliance monitor(s), physical access to the files and records
maintained by the F Advisor under this Contract during normal business hours, 9:00 a.m. to
5:00 p.m., Eastern Ti : , Monday through Friday, provided such day is not a holiday. Florida
Housing shall make renable effort, but shall not be required, to notify the HHF Advisor 24-
hours in advance of suc 'sit; such notice may be in the form of a phone call or an email
directed to the HHF Adviso contract administrator as designated in this Contract.
(d) Files Sub'ect to lorida's Public Records Law: Any file, report, record,
document, paper, letter, or other •terial received, generated, maintained or sent by the HHF
Advisor in connection with this Con.:ct is subject to the provisions of Section 119.01-.19, Fla.
Stat., as may be amended from time to me (Florida's Public Records Law). The HHF Advisor
represents and acknowledges that it has :d and understands Florida's Public Records Law and
agrees to comply with Florida's Public Rec.. s Law.
(e) Electronic Files and Records: ' e HHF Advisor understands that its services
under this Contract are subject to ongoing mom '.:ng and review by Florida Housing or by its
compliance monitors. Because of the cost, time an. sruption associated with on -site audits, the
parties intend that the compliance monitoring under s Contract be conducted off -site to the.
extent possible. The HHF Advisor shall maintain its -s and records in connection with the
services rendered under this Contract in electronic fo and, upon request, shall transmit
electronic copies of those files and records to Florida Hous :, or to its compliance monitor(s),
or to Treasury, or to its designee(s). The HHF Advisor shal ansmit electronic copies of the
requested files or records to the requesting party promptly folio request, but in no event later
than 12:00 noon on the next business day following the day of - request. Florida Housing
reserves its rights under Section 7. (c) of this Contract to conduct on te inspections of the HHF
Advisor's files and records under this Contract.
8. LIABILITY
(a) Florida Housing shall not be deemed to have assumed any liabili for the acts,
omissions, or negligence of the HHF Advisor, its agents, its servants, or employees, .. d the HHF
Advisor specifically accepts responsibility for its acts, omissions or negligence and the acts,
omissions or negligence of its agents, servants or employees, and holds Florida ousing
4
Contract # •
SUBSTITUTED
harmless from the claims of any third party which may arise due to the acts, omissions, or
egligence of the HHF Advisor or its agents, servants or employees. The HHF Advisor further
owledges that it is not an employee or agent of Florida Housing while performing the
se ces contemplated by this Contract. Rather, the HHF Advisor acknowledges that it is
pe • • ing the services under this Contract as an independent contractor. The HHF Advisor
warr. and represents that it is authorized to do business in the State of Florida, and that it has
and will intain at all times during the term of this Contract all requisite licenses and permits as
may be r . ed for doing business and practicing its profession.
(b)
applicable Flori
e HHF Advisor specifically accepts responsibility for compliance with all
aws, federal laws, Florida Housing rules and Florida Housing policies.
(c) . The F .Advisor .specifically accepts .responsibility for the payment of all
income taxes, assessm •ts, or contributions that may be required to be paid to any unit of
government as a result o e payments paid to or by the HHF Advisor in conjunction with the
services rendered pursuant this Contract or in connection with the HHF Advisor's property. At
no time shall the HI -IF Advis• ake any commitments for or incur any charges or expenses for,
or in the name of, Florida Hous
(d) Nothing herein is int • ed to serve as a waiver of sovereign immunity by Florida
Housing.
(e) The HHF Advisor shall 't be relieved of liability to Florida Housing for
damages sustained by Florida Housing by vi e of any termination or breach of this Contract by
the HHF Advisor.
(f) The HHF Advisor must maintain
fessional liability insurance throughout the
term of the Contract in an amount that is standard for 'e industry, but not less than $100,000.
9_ DEFAULT AND REMEDIES
(a) If any of the events listed in subparagraph
obligations on the part of Florida Housing to continue doing b
assign any future transaction to the HHF Advisor shall, if Flori
and Florida Housing may, at its option, exercise any of its rem
otherwise provided by law. However, Florida Housing may contin
HHF Advisor as a participant after the happening of any event listed in
waiving the right to exercise such remedies, without constituting a course
becoming liable to include the HHF Advisor in the final transaction.
(Events of Default) occur, all
'ness with the HHF Advisor or
Housing so elects, terminate
es set forth herein, or as
doing business with the
paragraph (b) without
dealing, and without
(b) Events of Default shall include, but not be limited to, the followi
Contract #
i. If any report, information, representation or material provid:• the HHF
Advisor in this Contract, is inaccurate, false or misleading;
ii. If any warranty or representation made by the HHF Advisor thi
5
v.
SUBSTITUTED
Contract, or any other outstanding agreement with Florida Housing, is
deemed by Florida Housing to be inaccurate, false or misleading in any
respect;
If the HHF Advisor 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;
If, in the sole discretion of Florida Housing, the HHF Advisor has failed to
perform or complete any of the services identified in this Contract;
f the HHF Advisor has not complied with all Florida laws, Federal laws,
rida Housing rules.or Florida Housing policies applicable to the work
or rvices to be provided under this Contract;
vi. If the
Applic
race, rel
pregnancy,
mental,
identified
vii. If the HHF Adviso
forth in Section 420.5
oes not comply with the terms and conditions set
5), Fla. Stat.;
If the HHF Advisor co its fraud or engages in activities deemed
fraudulent or misleading by rida Housing;
If the HHF Advisor refuses to
paper, letter, or other material sub
Records Law; or
ermit public access to any document,
t to disclosure under Florida's Public
x. If the HHF Advisor, or any of its staff, isted on Florida Housing's Past
Due or Non -Compliance List (available on orida Housing's website).
(c) Upon the happening of any Events of Default listed
Florida Housing will provide written notice of the Default through
return receipt requested (Notice of Default), to the address set forth in S
subparagraph (b) above,
st class certified mail,
• on 11 herein.
(d) Upon the happening of any Events of Default listed in subp
Housing may provide the HHF Advisor a period of time to cure the Even
Period). If Florida Housing provides a Cure Period, Florida Housing will
Advisor of the length of the Cure Period in the Notice of Default.
..:,,: «;- , Contract #
6
., a
•
aph
- (b), Florida
f Default (Cure
tify the HHF
HF Advisor permits or engages in discrimination against any
on any prohibited basis, including, but not limited to, gender,
i n, color, familial status, national origin, ancestry, creed,
.rtial or parental status, sexual orientation, or physical,
emot al or learning disability in performing any service
in this ontract;
SUBSTITUTED
(e) Upon the happening of any Event of Default, or if Florida Housing provides a
Cure Period and if the HHF Advisor 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
ne of the following remedies shall not preclude Florida Housing from pursuing any other
edies contained herein or otherwise provided at law or in equity. The remedies include, but
.t limited to the following:
i. Florida Housing may terminate the Contract;
Florida Housing may commence an appropriate legal or equitable action to
enforce performance of the terms and conditions of this Contract;
iii. Florida. Housing may exercise any . corrective or remedial actions
including, but not limited to, requesting additional information from the
F Advisor to determine the reasons for or the extent of non-compliance
o ack of performance, issuing a written warning to advise that more
sers measures may be taken if the situation is not corrected, advising
the Advisor to suspend, discontinue or refrain from incurring fees or
costs f. any activities in question or requiring the HHF Advisor to
reimburse orida Housing for the amount of costs incurred; or
iv.
Florida Housi
otherwise availa
10. TERMINATION
may exercise any other rights or remedies that may be
under law.
(a) Florida Housing may terminate . 's Contract without cause and the Contract will
automatically terminate on the tenth (10t) day er the representative of the HHF Advisor as
identified in Section 11 receives written notice t gh first class certified mail, return receipt
requested (Termination Notice). This Termination ice shall be sent to the representative of
the HHF Advisor identified in Section II herein.
(b) Florida Housing shall unilaterally terminate 's Contract on the tenth (10`h) day
after the representative of the HHF Advisor as identified in Lion 11 receives the Termination
Notice if the HHF Advisor fails to comply with Florida's Public ' ecords Law.
(c) Florida Housing shall unilaterally terminate this Co
after the representative of the HHF Advisor as identified in Section 1
Notice if the HHF Advisor fails to comply with the terms and
420.512(5), Fla. Stat.
ct on the tenth (10th) day
eceives the Termination
itions set forth in s.
(d) Florida Housing may terminate the Contract for cause, includi but not limited
to, the Events of Default contained in this Contract. The Contract will automaticterminate on
the tenth (10`h) day after the representative of the HHF Advisor as identified Section 11
receives the Termination Notice.
7
SUBSTITUTED
(e) This Contract may be terminated by either party upon ten (10) days written notice.
Contract will automatically terminate on the tenth (10`h) day after all the parties consent in
g to the Termination Notice.
11. DMIN1STRATION OF CONTRACT
(a)
Florida Housing contract administrator for this Contract is:
Sherry Green
Contracts Administrator
Florida Housing Finance Corporation
227 North Bronough St., Suite 5000
Tallahassee, Florida 32301-1329
Phone: (850) 488-4197
Facsimile: (850) 414-6548
mail: sherry.green@floridahousing.org
or the designated successor.
(b) The primary HHF A s or contract administrator for this Contract is:
George Mensah
Director
City of Miami, Depent of Community Development
Mi. Florida 33130
Phone: • 05) 416-2080
Facsimile: ' 05) 416-2090
Cellular:
E-mail: gmensah • amigov.com
or designated s cessor.
(c) If applicable, the additional HHF Advisor co act administrator for this Contract is:
Alfredo Duran
Deputy Director
City of Miami, Department of Community . velopment
444 S.W. 2nd Avenue, Miami, FL 33 ' 0
Phone: (305) 416-2080
Facsimile: (305) 416-2090
Cellular:
E-mail: aduran@miamigov.com
or the designated successor.
(e) The Florida Housing program contact for this Contract is:
David Westcott
Director of Homeownership Programs
8
Contract # :'"
(f)
the parties' con
SUBSTITUTED
Florida Housing Finance Corporation
227 North Bronough St., Suite 5000
Tallahassee, Florida 32301-1329
Phone: (850) 488-4197
Facsimile: (850) 488-9809
E-mail: david.westcott@floridahousing.org
or the designated successor.
written and verbal approvals referenced in this Contract shall be obtained from
ct administrator or their respective designees.
(g) All noteshall be given to the parties' respective contract administrators or their
respective designees.
12. CONFIDENTIAL ' Y
(a) Subject to the •rovisions of Florida's Public Records Law, as applicable to
Florida Housing, all materials rnished to Florida Housing pursuant to this Contract are
confidential and the HHF Adviso ill treat such materials as confidential and will not reveal or
discuss such materials or any other i •rmation learned as a result of this Contract with any other
person or entity, except as authorized • • irected by Florida Housing.
(b) In addition, working papers, •pies, internal documents, procedures, methods and
related materials are considered confidential . 'd/or proprietary and the HHF Advisor shall treat
such information as confidential and/or prop and shall not reveal or discuss any such
information with any other person or entity, exce• authorized or directed by Florida Housing.
All such records and materials will remain the prop • of Florida Housing.
(c) If the HHF Advisor is required to disclos •r publish the existence or terms of this
Contract pursuant to Florida's Public Records Law, then e HHF Advisor shall notify Florida
Housing in writing of such disclosure within two (2) days ' er receipt of the Public Records
request.
13. OTHER PROVISIONS
(a) This Contract shall be construed under the laws of the St- of Florida and venue
for any actions arising out of this Contract shall lie in Leon County.
(b) If any provision hereof is in conflict with any applicable st.. to or rule, or is
otherwise unenforceable, then such provision shall be deemed null and void to extent of such
conflict and shall be deemed severable, but shall not invalidate any other pro ion of this
Contract.
(c) No waiver by Florida Housing of any right or remedy granted hereunder o • lure
to insist on strict performance by the HHF Advisor shall affect or extend or act as a wai of
any other right or remedy of Florida Housing hereunder, or affect the subsequent exercise o
9
Contract # ' k ',`P1'' .-';
SUBSTITUTED
same right or remedy by Florida Housing for any further or subsequent default by the HHF
Advisor. A waiver or release with reference to any one event shall not be construed as continuing
r as constituting a course of dealing.
(d) Any power of approval or disapproval granted to Florida Housing under the terms
Contract shall survive the terms and life of this Contract as a whole.
maybe t
14.
LOB
The Contract may be executed in any number of counterparts, any one of which
as an original.
G PROHIBITION
pensation.or otherresources received in connection with this Contract may
• irectly to influence legislation or any other official action by the Florida or
ny state or federal agency. The HHF Advisor further acknowledges that
rvices of any lobbyist or consultant to assist in the procurement and
No funds
be used directly or t.
Federal Legislature o
it has not retained the
negotiation of this Contra
15. COPYRIGHT PATE
AND TRADEMARK
(a) If the HHF Advi
copyright, patent or trademark, the
pre-existing copyright, patent or trad
brings to the performance of this Contract a pre-existing
HF Advisor shall retain all rights and entitlements to that
ark unless the Contract provides otherwise.
(b) If any discovery or invent
of work or services performed under this
Advisor shall refer the discovery or invent
patent protection will be sought in the n
accruing under or in connection with the p
Florida Housing. In the event that any books
produced, the HHF Advisor shall notify Flo
trademarks created by or in connection with
reserved to Florida Housing.
•
arises or is developed in the course of or as a result
tract, or in any way connected herewith, the HHF
• to Florida Housing for a determination whether
(c) All subcontracts or other arrangements ente
prior written approval and consent of Florida Housing, fo
procuring copyrightable materials (e.g., audiovisuals, computer
curricula, research materials or training materials, etc.) shall s
Florida Housing's exclusive rights to use and exploit copyrights
permitted by copyright law and Florida Statutes.
16. LEGAL AUTHORIZATION
•
into by the HHF Advisor, with
the purpose of developing or p ams, software, publications,
p cally reference and reserve
d licenses to the extent
The HHF Advisor certifies with respect to this Contract that it p
authority to enter into this Contract and that, if applicable, its governing body h••
resolution or otherwise, the execution and acceptance of this Contract with all
10
Contract # •
esses the legal
authorized, by
venants and
SUBSTITUTED
ssurances contained herein. The HHF Advisor also certifies that the undersigned possesses the
thority to legally execute and bind the HHF Advisor to the terms of this Contract.
17. PUBLIC ENTITY CRIME
erson or affiliate, who has been placed on the convicted vendor list, following a
convictio or a public entity crime, may not:
a. su. , it
b. sub
public
c. submit
d. be award
under a con
e. transact busi
s. 287.017, Fla.
from the date of
of this provision
a bid on a contract to provide any goods or services to a public entity;
a bid on a contract with a public entity for the construction or repair of a
uilding or public work;
s on leasesof real property to a public entity;
or perform work as a consultant, supplier, subcontractor, or consultant
ct with any public entity, and;
s with any public entity in excess of the threshold amount provided in
tat., for CATEGORY TWO: $25,000, for a period of 36 months
ing placed on the convicted vendor list. Any contract in violation
shbe null and void.
18. CONFLICTS OF INTER
(a) Pursuant to Section 42
Contract # " -
•
"Service providers shall
condition of eligibility to
purposes of paragraphs (a),
and is limited to a law firm, an
agents, officers, principals, and pr
(a) A service provider may not m
indirectly, for or on behalf of candy
provider make a contribution in excess
the State Board of Administration other
service provider is included in an applicant
selected to provide services to the corporation
services to the corporation, and for the longer
for a period through the next general election for
(b) The service provider shall not participate in
behalf of candidates for Governor in Florida while th
in an applicant pool from which service providers are
to the corporation, while the service provider provides se
and for the longer of a period of 2 years thereafter or for
general election for Governor.
(c) Service providers shall provide to the corporation a state
provider has not contributed to candidates for Governor or con
of the amounts allowed by this section for .a member of the
Administration or engaged in fundraising activities for or on behal
12(5), Fla. Stat.:
ply with the following standards of conduct as a
considered or retained to provide services. For
and (c) only, the term `service provider' means
vestment bank, or a credit underwriter, and the
ssional employees of the service provider.
contributions in any amounts, directly or
tes for Governor, nor shall any service
$100 to any candidate for a member of
an the Governor in Florida while the
of from which service providers are
bile the service provider provides
a period of 2 years thereafter or
vernor.
draising activities for or on
ervice provider is included
ected to provide services
ces to the corporation,
riod through the next
11
a
that the service
buted in excess
ate Board of
candidates
SUBSTITUITED
for Governor in Florida since the effective date of this section or during the 24
months preceding the service provider's application to provide services to the
corporation, whichever period is shorter.
(d) The service provider may not engage in prohibited business solicitation
communications with officers, members, or covered employees of the
corporation.
(e) If a service provider is in doubt as to whether its activities, or the activities of
is principals, agents, or employees, violate the provisions of this section, it may
uest a declaratory statement in accordance with the applicable rule and s.
12, 65, Fla- Stat.
(f) I he corporation determines that a service provider has failed to meet the
provis s of this section, it shall consider the magnitude of the violation and
whether . ere has been a pattern of violations in determining whether to terminate
or decline enter into contracts with the service provider,"
(b) Section 420.531), Fla. Stat., states:
" `Prohibited bus -ss solicitation communication' means a private written or
verbal communicati. ' between a member, officer, or covered employee of the
corporation and a sery - provider regarding the merits of the service provider and
whether the corporation hould retain the services of the service provider. The
term does not include:
(a) A verbal communication •ade on the record during a public meeting;
(b) A written communicatio provided to each member and officer of the
corporation and made part of the -cord at a public meeting;
(c) A written proposal or stateme •f qualifications submitted to the corporation
in response to a corporation adve ement seeking proposals or statements of
qualifications as part of a competitive ection process.
(d) A verbal or written communication -lated to the contractual responsibilities
of a service provider who was selected to ..vide services or who was included in
a pool of service providers eligible to provis ervices as a result of a competitive
selection process, so long as the communicate. • does not relate to solicitation of
business.
(e) A verbal or written communication related to = •roposed method of financing
or proposed projects, so long as the communication •es not relate to solicitation
of business."
(c) By executing this contract, the HHF Advisor certifies thit shall comply with,
and is currently in compliance with, Section 420.512(5), Fla. Stat., as amen
(d) The HHF Advisor will certify that the staff and volunteers •o will provide
services under the Contract have no conflict(s) of interest due to relationships wi • servicers, real
estate agencies, mortgage lenders, homeowners or household members, family m= •bers and/or
other persons or entities that may stand to benefit from particular outcomes.
(e) In addition to the conflict of interest rules imposed by the Florida Statutes, ould
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Contract # ::
SUBSTITUTED
HHF Advisor become aware of any actual, apparent, or potential conflict of interest or should
such actual, apparent, or potential conflict of interest come into being subsequent to the
ive date of this Contract and prior to the conclusion of the Contract, the HHF Advisor will
provi notification to Florida Housing, through first class certified mail, return receipt requested
(Notice 'f Conflict of Interest), to the address set forth in Section I1 herein, within ten (10)
working . s. If the HHF Advisor is found to be in non-compliance with this provision, without
prior writte .nsent from Florida Housing's Executive Director, any compensation received in
connection w this Contract shall be subject to forfeiture to Florida Housing.
19. TECHNI L ASSISTANCE
A technical as .tance provider (TAP) maybe assigned to the HHF Advisor by and at the
discretion of Florida Ho .ing.at any time during the term of this Contract. In such case, the TAP
may evaluate the HHF Aisor to determine experience and capacity levels and submit written
recommendations and obse ations to Florida Housing. In no event, however, shall the TAP
manage, control or direct manner in which the HHF Advisor renders the services
contemplated under this Contra
20. FACILITIES
The facilities and premises used , the HHF Advisor in providing the services under this
Contract shall be maintained in commerce., reasonable clean and safe condition, and accessible
to all persons, including persons with disabi 'es
21. OTHER LANGUAGES
The HHF Advisor must be prepared to .mmunicate with non-English speaking
Applicants in providing the services contemplated •r this Contract. To that end, the HHF
Advisor either must have staff fluent in the language o y such Applicant or use interpreter
services to ensure that such Applicant has access to the -rvices and programs contemplated
under this Contract.
22. ANTI -DISCRIMINATION
The HHF Advisor will not permit or engage in discriminatio against any Applicant on
any prohibited basis, including, but not limited to, gender, race, reli , color, familial status,
national origin, ancestry, creed, pregnancy, martial or parental status, .exual orientation, or
physical, mental, emotional or learning disability.
23. COMPLIANCE
The HI -IF Advisor agrees to comply with quality control, compliance and , aluation of
the Unemployment Mortgage Assistance Program and Mortgage Loan Reinstateme Program
for activities performed pursuant to the Contract.
24. ENTIRE AGREEMENT
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Contract #:
APPROVED AS TO
INSURANCE REQUIREMENTS:
By:
Gary Reshefsky
Risk Management
Contract #
SUBSTITUTED
This Contract, including any and all attachments, embodies the entire agreement of the
rties. There are no other provisions, terms, conditions or obligations between the parties. The
tract supersedes all previous oral or written communications, representations or agreements
on s subject.
IN ESS WHEREOF, the parties hereto have caused this Contract to be executed by
their tinders'
ATTEST:
representatives as duly authorized.
ony E. Crapp, Jr.
Name:
itle: City Manager
FEIN:
DATE:
FLORIDA HOUSIN • INANCE CORPORATION
By:
Name:
Title:
DATE:
By:
Priscilla A. Thompson
City Clerk By:
Julie O. B
City Attorne
AP • OVED AS TO FORM AND
CO' CTNESS:
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