Interoffice Memorandum
DATE: August 20, 2024
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: Venerria L. Thomas, Director
FROM: Lavon B. Williams, Esq, AICP, Deputy Director
CONTACT: Milagros Serrano
PHONE: 407-836-8989
DIVISION: N/A
ACTION REQUESTED:
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Approval and execution of Grant Agreement by and between Cities for Financial Empowerment Fund, Inc. and Orange County, Florida and authorization for the Mayor or designee to execute any other modifications, amendments, or revisions. All Districts.
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PROJECT: N/A
PURPOSE: On January 9, 2024, the Board authorized $600,000 from the American Rescue Plan Act (ARPA) funding to be dedicated for an Orange County Financial Empowerment Center. This is one of many efforts by this Board to provide financial relief and support to Orange County residents that are experiencing financial hardship, have been slow to recover economically from COVID-19, and to prepare our most economically vulnerable citizens for long term financial stability.
The Financial Empowerment Center is a model developed by the Cities for Financial Empowerment Fund, Inc. (CFE). This organization’s mission is to improve financial stability by embedding financial empowerment in local government. Local governments are uniquely positioned to deliver large-scale, high-quality financial empowerment services. The CFE Fund provides both funding and focused technical assistance to mayors and their teams to help them embed systemic financial empowerment programs and policies into local government services to improve individual and family financial stability. The first year of the program Orange County will utilize ARPA funding through a vendor agency contract with Habitat for Humanity of Central Florida which was awarded through a competitive bid process in February 2024. The CFE will provide second year funding for the center.
Who is eligible? Habitat for Humanity will provide comprehensive financial counseling and services to individuals that live or work in the county. Residents will need to show a driver’s license to show residency or a paystub with work address to show employment within the county. Specific outreach is focused to serve those who were financially impacted by COVID-19 and are looking for long-term financial solutions. There is no application process to qualify and there are no income restrictions to receive services.
Where will services be provided? The FEC services will be initiated in the John Bridges (Apopka), Pine Hills and Hal Marston (Mercy Drive) Community Centers starting early November. However, in January the FEC services will occur at all Community Centers and will also have offer virtual appointments.
How will services be provided? The FEC model provides one-on-one counseling and case management that allows residents to receive specific services tailored to their needs. Counselors will meet with individuals through in-person or virtual appointments. The center will have four staff: one program manager, and three counselors.
How will services be advertised? The program will be communicated and marketed as free services through community engagement and outreach events, posters, flyers, social media and mass media as well as referring partnership agencies. In the first year, we hope to conduct an average of 480 sessions per fulltime counselor with an outcome average of 100-150 completed individuals and an average of 600-700 sessions per fulltime counselor in year two with an average of 200-250 individuals achieving outcomes.
In addition, the FEC will bring together like-minded partners who are providing complementary programs and services such as Undue Medical Debt Relief, Career Source Central Florida, Cooperative Extension/IFAS, Community Action and Goodwill Industries to name a few. This collaborative model is used throughout the country and for the first time here in Florida to financially stabilize our community.
The attached contract sets forth the relationship between the CFE Fund and Orange County and provides for financial support, technical assistance, database management and training. An important note is that the agreement has been reviewed by the County Attorney’s Office and the Risk Management Division who have raised concerns with specific components that are policy matters that must be determined by the Board. The agreement has been advanced for your consideration with the following concerns: The governing law and venue are silent in the agreement therefore the County could be exposed to out of state litigation for negligence arising out of this agreement. Out of state litigation makes the County financially vulnerable should a court find the sovereign immunity is waived by this agreement. Having sovereign immunity limits the county’s financial liability should a claim occur. Based on CFE’s current experience with local and state governments, the prospect of out of state litigation is slim. However, CFE is headquartered in New York and there is a possibility New York law will apply. Because this agreement is silent on governing law and venue, there is a slim potential for a large financial risk should a suit be brought against the county related to the Financial Empowerment Center.
Exhibit B, Section 5 regarding marketing and communications requires Orange County to receive prior written approval for formal statements to the press or any public announcement (including those of elected officials), or announcement that the CFE Fund directly funds the activities of the Financial Empowerment Center, or publicly announce the receipt of this grant. This section conflicts with our public records laws in that this grant agreement is subject to public inspection. Furthermore, as worded the requirement potentially place limits on first amendment speech. Staff have worked to mitigate and minimize the risks associated with acceptance of the CFE Fund grant agreement by receiving written approval for communication that will result from the placement of the agreement on the Board’s agenda. In addition, a communication strategy and plan will be preapproved by CFE prior to any further formal communication such as press releases, media events, or social media posts.
The grant agreement enables the opening of the Orange County Financial Empowerment Center, accepts the conditions of the Cities for Financial Empowerment Fund grant award, and obligates ARPA funding to the first year of the program in keeping with the previous Board actions.
BUDGET: N/A