PROGRAM YEAR 2017 SUBRCEIPIENT AGREEMENTPROGRAM YEAR 2017 SUBRECIPIENT AGREEMENT BY AND BETWEEN
CITY OF CLEARWATER AND
TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION
This agreement is entered this I"' day of o e-/-046 , 2017 by and
between the City of Clearwater, hereafter designated as "City" and Tampa Bay Community
Development Corporation, hereafter designated as "TBCDC"; and
WHEREAS, the City has applied for and received HOME Investment Partnership Program
funding (hereafter designated as HOME) from the Department of Housing and Urban
Development; and
WHEREAS, TBCDC has applied for and been approved to utilize HOME Program funds for Down
Payment Assistance Services; and
WHEREAS, TBCDC has evidenced the capacity to provide down payment assistance services
funded by this agreement and is located within the city limits of the City of Clearwater, Florida;
and
WHEREAS, on August 3, 2017, the City Council authorized the City Manager to execute an
agreement with TBCDC to provide Down Payment Assistant Services utilizing $15,000 in HOME
funds to assist fifteen (15) homebuyers within the city limits of the City of Clearwater, Florida.
NOW THEREFORE, the City and TBCDC hereby execute this agreement to undertake the
described Down Payment Assistance Services.
FURTHERMORE, the City and TBCDC agree as follows:
SCOPE OF SERVICE
A. TBCDC shall qualify fifteen (15) eligible, low-income homebuyers within the city limits of
Clearwater, Florida.
B. TBCDC shall affirmatively market this program to eligible, low-income, homebuyers.
Low-income is defined as having income at or less than eighty percent (80%) of median
family income, as determined by the guidelines issued by the Department of Housing
and Urban Development, adjusted for family size, based on the total current annual
household incomes. The current income levels for Clearwater are contained in
Attachment "A" dated 2017.
C. TBCDC shall complete the project within one year from the date this agreement is
executed, unless a time extension is requested by TBCDC in writing and granted by the
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City in writing. Any such time extension shall be attached to and made a part of this
agreement.
D. TBCDC shall accomplish the contracted activities in program year 2017 (October 1, 2017
through September 30, 2018).
PROJECT FUNDING
TBCDC — Down Payment Assistance Services
A. The City of Clearwater hereby approves HOME Program funding for Down Payment
Assistance Services in the amount of $15,000 from 2017 HOME Program funds. As a
subrecipient, TBCDC will provide outreach and marketing, intake and processing of fifteen
(15) downpayment and closing cost assistance loans for qualified, low-income homebuyers
who purchase homes in the city limits of Clearwater on behalf of the City of Clearwater.
B. Requests for Disbursements & Program Income - TBCDC shall ensure HOME funds provided
under this agreement will be requested for disbursement only in required amounts and as
needed for payment of eligible costs. Payments will be made by the City for down payment
assistance services when a loan is processed through TBCDC and closes. The City will
compensate CHNS One Thousand Dollars and 00/100 ($1,000.00) per successful loan
closure. The City reserves the right to liquidate funds available under this agreement for
eligible costs incurred by the City on behalf of TBCDC to complete the project.
C. Homebuyer income qualification, underwriting and layering guidelines - TBCDC shall
determine each family is income eligible by determining the family's annual income. All
Income and Assets must be verified, in writing. To be eligible for assistance, the Borrower's
total current combined gross annual household income from all sources cannot exceed the
limits set by HUD for Tampa -St Petersburg -Clearwater, FL MSA (Exhibit A). TBCDC shall use
a minimum of two consecutive months of income documentation to project the prevailing
rate of income of the family at the time of determination of income eligibility. Total
household income is the total current, annualized gross income, before taxes and
withholding, of the purchaser and all adult members, over the age of 17, residing or
intending to permanently reside in the residence. This includes a spouse, fiance, parent,
relative, adult child, etc.
D. The full amount of HOME funds, $15,000, from the HOME Program, shall be released as
earned by verified performance of activities to be completed under this agreement, as
determined by the City of Clearwater.
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E. It is expressly agreed and understood that the total amount of down payment assistance
processing services shall not exceed $15,000 from the 2017 HOME Program. TBCDC will be
awarded $1,000 per down payment assistance loan processed; $750 utilizing HOME funds
and $250 utilizing State Housing Initiatives Partnership funds (SHIP).
F. If for any reason, any term of this agreement is breached by TBCDC, the City may require
full repayment of any amounts advanced under this agreement pursuant to Section VIII,
Remedies of Default.
III AFFORDABILITY
A. As required by 24 CFR 92.254, down payment assistance processing services with
funding provided under this agreement, shall be affordable to low-income persons for
an applicable period of affordability as required as HOME Program regulations. If the
housing does not meet the applicable affordability requirements for the specified time
period for any reason whatsoever, full repayment to the City of Clearwater of all HOME
funds invested in the project will be required according to the repayment terms set
forth in Section VIII of this agreement. TBCDC shall ensure affordability of the housing
through HUD -approved recapture provisions and deed restrictions, or through other
HUD -approved mechanisms.
B. The applicable period of affordability shall be determined by the per unit net HOME
investment as follows: 1) less than $15,000 - five (5) years and 2) $15,000 to $40,000 -
ten (10) years.
C. TBCDC shall ensure that the purchase price paid by the low-income homebuyer does not
exceed $177,000 for existing home and $224,000 for new construction or as updated by
HUD.
IV. MINIMUM HOUSING STANDARDS
A. All affordable housing purchased with HOME funds provided under this agreement shall
meet Minimum Housing Standards (MHS). The City of Clearwater has contracted with a
third party vendor to perform the required inspections to ensure compliance.
B. The City of Clearwater reserves the right to inspect at any time during normal business
hours any and all homebuyer purchases accomplished under this agreement to assure
adherence to applicable Minimum Housing Standards.
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V NOTICES
Communication and details concerning this agreement shall be directed to the following
persons:
City of Clearwater TBCDC
Joe Riddle, Housing Manager Michael J. Bauer, President & CEO
112 S. Osceola Avenue 2139 N.E. Coachman Road, Ste #1
Clearwater, FL 33756 Clearwater, FL 33765
The contact persons listed above may be changed upon fifteen (15) days written notice
to the other party.
VI SPECIAL CONDITIONS
A. The subrecipient shall adhere to the Underwriting Guidelines for Homebuyers in the City
of Clearwater Policies and Procedures Manual. The client file shall be forwarded to the
City for review and approval no later than five (5) business days prior to closing. The
City shall review and approve the closing disclosures from the first mortgage lender.
VII ADMINISTRATIVE REQUIREMENTS
A. TBCDC shall abide by all applicable federal, state, and local laws, regulations, codes, and
ordinances in the performance of all activities required by this agreement, and
specifically agrees to adhere to applicable requirements of 24 CFR 92, Final Rule at
https://www.hudexchange.info/programs/home/home-final-rule/ dated September
16, 1996 (updated December 22, 2004 and amended on July 24, 2013) including those
described in 24 CFR 92 Subpart "H" with the exception of Environmental Reviews which
TBCDC cannot assume and 92.357 the intergovernmental review process does not
apply. TBCDC shall comply with the City of Clearwater HOME Regulations and the City
of Clearwater Policies and Procedures Manual dated June 9, 2017 throughout the term
of this agreement (and any future revisions) which is also available on the website at
www.myclearwater.com/housing.
B. TBCDC shall submit an agency -wide audit which shall include the project funds annually.
The audit shall be in accordance with generally accepted accounting principles. TBCDC
shall provide the City with one (1) copy of each annual audit for project duration. Any
deficiencies noted in the audit report shall be fully cleared by TBCDC within thirty (30)
days after receipt of said audit report by the City. Failure of TBCDC to clear deficiencies
noted in the audit report shall be a breach of this agreement and the City may exercise
any and all of its rights and remedies under Section IX, Remedies on Default.
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C. TBCDC shall adhere to the requirement of 2 CFR 200 Subpart E — Cost Principles, 24 CFR
Part 84 and applicable administrative requirements of 24 CFR 92.505(b).
D. TBCDC shall make available to the City at any time during normal business hours all
records pertaining to funding and projects covered by this agreement to allow the City
to conduct monitoring, performance, and compliance reviews and evaluations.
Notwithstanding any other provision in this agreement, the City will monitor the
performance as determined by the City and shall determine if the performance
constitutes non-compliance with this agreement. If action to correct such substandard
performance is not taken by TBCDC within a reasonable time -frame to be specified by
the City in its notice to TBCDC, suspension or termination procedures may be initiated
as specified in Section VIII, Section IX or Section X.
E. TBCDC covenants that it presently has no financial interest and will not acquire any
interest directly or indirectly, which would conflict in any manner or degree with the
performance of services required under this agreement. TBCDC further covenants that
in the performance of this agreement, no person having such a financial interest shall be
employed or retained by TBCDC hereunder. These conflict of interest provisions apply
to any person who is an employee, agent, consultant, officer, elected official, or
appointed official of the City, or of any designated public agencies or subrecipients
which are receiving funds under the HOME Entitlement Program.
F. TBCDC shall ensure that no person will be displaced from his or her dwelling as a direct
result of activities assisted with HOME Program funds provided under this agreement.
G. Affirmative Marketing - TBCDC shall affirmatively market all housing units developed
under this agreement to low-income persons in compliance with Public Laws 88-352 and
90-284 and ensure maintenance of documentation of affirmative marketing efforts to
such persons. Prior to any funds being disbursed under this agreement, TBCDC shall
provide an affirmative marketing plan acceptable to the City documenting the
affirmative marketing efforts to low-income persons planned to be undertaken by
TBCDC regarding this project.
H. TBCDC shall not pay any part of funds received under this agreement for lobbying the
Executive or Legislature Branches of the federal, state, or local government.
Environmental - TBCDC shall comply with the provisions of the National Environmental
Policy Act of 1969, as applicable to projects funded under this agreement, the Flood
Disaster Protection Act of 1973, and the Lead -Based Paint Poisoning Prevention Act and
the regulations promulgated thereunder, all as amended. TBCDC agrees to assist the
City to comply with the following regulations insofar as they apply to the Environmental
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Protection Agency regulations pursuant to 40 CFR 50, HUD Environmental Review
Procedures specified in 24 CFR 58, as well as all other applicable environmental laws and
regulations, all as amended. The City shall ensure maintenance of documentation to
evidence compliance with environmental statutes and regulations with the assistance of
TBCDC.
J. TBCDC shall establish and ensure the eligibility of purchasers of housing purchased
under this agreement with regard to low-income homebuyer requirements specified by
the Department of Housing and Urban Development. In addition, TBCDC shall ensure
maintenance of beneficiary information regarding persons assisted under this
agreement, including name, address, social security number, race, sex, income, and
whether the assisted person(s) is elderly, female head -of -household, handicapped,
American Indian, Hispanic, Caucasian, African American, Alaskan Native, Asian Or
Asian/Pacific Islander. TBCDC shall ensure the submission of the beneficiary information
to the City upon each loan closure. The information shall be maintained for each
housing unit and person(s) or families assisted under this agreement.
K. TBCDC shall provide drug-free workplaces in accordance with the Drug -Free Workplace
Act of 1988.
L. TBCDC shall ensure compliance with all requirements of the Contract Work Hours and
Safety Standards Act, the Copeland Anti -Kickback Act, and all other applicable federal,
state, and local laws and regulations pertaining to labor standards. TBCDC shall ensure
maintenance of adequate records and reports to evidence such compliance.
M. Records Retention - TBCDC will ensure that all records required under this agreement
are retained for a period of seven (7) years after the applicable required period of
affordability. TBCDC shall furnish, and cause all its subcontractors to furnish, all reports
and information required hereunder, and will permit access to its books, records, and
accounts, by the City, the Department of Housing and Urban Development or its agent,
or other authorized federal officials for purposes of investigation to ascertain
compliance with the statutes, rules, regulations, and provisions stated herein.
N. OSHA - TBCDC shall ensure that where employees are engaged in activities not covered
under the Occupational Safety and Health Act of 1970, they shall not be required or
permitted to work, be trained in, or receive services in buildings or surroundings, or
under working conditions, which are unsanitary, hazardous, or dangerous to the
participants' health or safety.
O. Equal Opportunity - TBCDC shall comply with Executive Order 11063, as amended by
Executive Order 12259, and shall not discriminate against persons on the basis of race,
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color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital or familial status with regard to public assistance. TBCDC shall maintain records
and documentation to evidence compliance with this requirement. TBCDC shall take
affirmative action to ensure that all employment practices are free from such
discrimination. Such employment practices include, but are not limited to, the
following: hiring, upgrading, demotion, transfer, recruitment, advertising, layoff,
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. TBCDC agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
agency setting forth the provisions of this nondiscrimination clause.
P. Civil Rights - TBCDC shall comply with Title VIII of the Civil Rights Act of 1968, as
amended, Section 109 of Title 1 of the Housing and Community Development Act of
1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act
of 1990, and the Age Discrimination Act of 1975, along with all applicable regulations
associated therewith.
Q. TBCDC agrees that funds received under this agreement will not be utilized for religious
activities, to promote religious interests, or for the benefit of a religious organization.
R. Reversion of Assets - Upon expiration or termination of this agreement, TBCDC shall
transfer to the City of Clearwater any HOME funds on hand at the time of said expiration
or termination and any accounts receivable attributable to the use of HOME funds.
VIII DEBARMENT AND SUSPENSION
TBCDC certifies that its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation from covered transactions by any federal
department or agency;
B. Have not within a three (3) year period preceding this agreement been convicted of or
had a civil judgment rendered against them for commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statement(s) or
receiving stolen property;
C. Are not presently indicted for or otherwise criminally charged by a governmental entity
(federal, state or local) with commission of any of the offenses enumerated above, and;
D. Have not within a three (3) year period preceding this agreement had one (1) or more
public transactions (Federal, State or local) terminated for cause or default.
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IX REMEDIES ON DEFAULT
Each of the parties shall have all remedies available under applicable regulations or at law or in
equity, including specific performance, to enforce any obligation of any Party to the Agreement.
In the event the City determines that a breach of this agreement has occurred, the City may
terminate this Agreement pursuant to 24 CFR Part 200 and recapture or terminate any and all
HOME funds allocated under this Agreement. More specifically:
A. If the City determines that TBCDC has materially failed to comply with any provision of
this agreement, or with any rules, statutes, regulations, or ordinances referred to
herein, the City will notify TBCDC in writing and hand -deliver, with written receipt
evidencing the date and time of delivery, or send by certified mail, return receipt
requested, such Notice of Default to the party designated to receive such Notices in
Section V of this agreement. For purposes of this section, the term materially means
"an important or essential term of this agreement."
B. The City will allow TBCDC the opportunity to demonstrate compliance with the
agreement requirements in question. TBCDC shall offer evidence of such compliance
within a reasonable time frame to be specified by the City in the Notice of Default.
Substantial compliance shall not constitute compliance with the terms and conditions of
this agreement unless the City expressly agrees to the substantial compliance in writing.
C. If TBCDC fails to demonstrate to the City that it has fulfilled the requirement, the City
may take corrective or remedial action(s) as follows:
1) Corrective or remedial action will be designed to prevent a continuation of the
deficiency, mitigate any adverse effects, and prevent recurrence of the
deficiency.
2) Corrective or remedial action may include:
a. Temporarily withholding cash payments pending correction of the deficiency
by TBCDC.
b. Specific activities required by the City to correct the deficiency and to be
accomplished by TBCDC in a specified time frame.
c. Canceling or revising activities which may be affected by the performance
deficiency and were approved under this agreement.
d. Reprogramming any balance of HOME funds made available under this
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agreement from deficient activities, or any activity funded under this agreement,
to other eligible activities.
e. Suspension of HOME fund disbursements for deficient activities, or any
activities funded under this agreement and subsequent termination of this
agreement in its entirety.
f. Termination of this agreement in its entirety and require TBCDC to repay to
the City any and all HOME funds advanced under this agreement.
g. Removing TBCDC from participation in any future allocation of HOME funds
from the City.
h. Taking other remedial actions that may be legally available to the City.
D. In the event TBCDC dissolves the organization, ceases to exist, or becomes unable for
any reason to fulfill its obligations under this agreement, the City will require TBCDC to
fully repay to the City any and all amounts advanced under this agreement.
E. Notwithstanding any other provision of this agreement, should there be any fraud,
misrepresentation, embezzlement, or any other criminal activity associated with this
project, the City may pursue all legal and equitable remedies available to it against any
and all parties associated with this agreement.
F. Any decision regarding corrective, remedial, legal or equitable remedies or actions to be
taken regarding this agreement or project shall be at the sole option and discretion of
the City of Clearwater. A decision by the City to pursue one course of action shall not
constitute a waiver of any other course of action the City may pursue under this Section
IX, Remedies on Default.
G. Pursuant to 24 CFR 92.205(e), should this agreement be terminated before completion
of this project, either voluntarily or otherwise, TBCDC shall repay any HOME funds
invested in the project that is the subject of this agreement to the City of Clearwater's
HOME Investment Trust Fund in accordance with 24 CFR 92.503(b).
X TERMINATION
A. Pursuant to 24 CFR Part 200, the City may terminate this agreement upon thirty (30)
days prior written notice to the TBCDC contact person indicated in Section V of this
agreement. The parties shall agree upon the termination conditions, including the
effective date of termination, and in the case of partial termination, the portion of the
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award to be terminated.
B. TBCDC may terminate this agreement upon thirty (30) days prior written notice to the
City contact person indicated in Section V of this agreement. The notice of termination
shall set forth the reasons for such termination, the effective date of termination, and in
the case of partial termination, the portion of the award to be terminated. However, in
the case of partial termination, if the City determines that the remaining portion of the
funding provided under this agreement will not accomplish the purposes for which the
award was made, the City may terminate the award in its entirety under paragraph A of
this section, Section IX, or 24 CFR Part 200.
XI MISCELLANEOUS PROVISIONS
A. The officials who executed this agreement hereby represent and warrant that they have
full and complete authority to act on behalf of the City and TBCDC, respectively, and
that their signatures below, the terms and provisions hereof, constitute valid and
enforceable obligations of each.
B. This agreement shall be executed in the original, and any number of executed copies.
Any copy of this agreement so executed shall be deemed an original and shall be
deemed authentic for any other use.
C. The parties may amend or modify this agreement at any time, provided that such
amendment(s) or modification(s) make specific reference to this agreement, and are
executed in writing by a duly authorized representative of both parties. Such
amendment(s) or modification(s) shall not invalidate this agreement, nor relieve or
release the parties from their obligations under this agreement.
D. The terms and conditions of this agreement shall be binding upon the parties hereto,
their respective heirs, executors, administrators, successors and assignees.
E. Nothing contained in this agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer and employee between
the parties. TBCDC shall at all times remain an independent contractor with respect to
the services to be performed under this agreement.
F. TBCDC shall not assign or transfer any interest in this agreement without the prior
written approval of the City.
G. This agreement shall be construed according to the laws of the State of Florida.
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H. Should any part, term or provision of this agreement, or portions thereof, be
determined by a court of competent jurisdiction to be illegal, void or unenforceable, the
validity of the remaining portions of provisions shall not be affected thereby.
XII INDEMNITY
TBCDC agrees that it shall indemnify and save harmless the City, its officers, agents and
employees from:
A. Any claims or losses for services rendered by any subcontractor, person or firm
performing or supplying services, materials or supplies in connection with the
performance of this agreement.
B. Any claims or losses resulting to any person or firm injured or damaged by the
erroneous, willful or negligent acts or omissions, including disregard of federal, state,
and local statutes or regulations, by TBCDC, its officers, employees or subcontractors in
the performance of this agreement.
C. The obligation to indemnify shall include all legal fees and costs incurred by the City, its
officers, agents and employees, arising from the matters identified in A. and B.
XIII TERM OF AGREEMENT
This agreement shall be in full force and effect from the date first written above and shall
remain in force for the full period of affordability applicable to the project assisted with HOME
funds under this agreement.
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IN WITNESS WHEREOF, the parties hereto have executed these presents and have set their hands and seals this
`qday of (i!, ( - 2017.
ATTEST:
By;k' -4'VLefAJL 0 1..2t -
Rosemarie
2LRosemarie Call, City Clerk
STATE OF FLORIDA
COUNTY OF CLEARWATER
CITY OF CLEARWATER, FLORIDA, a municipal
corporation organized and existing under the laws of the State
of Florida
William B. Horne II, City Manager
Tampa Bay Community Development
Corporatio ' , a Florida non-profit corporation
B
itle:
Print Name: /14 '""3"- g1444. wt.�
Date:_ 101 12- l 1 "k
THE FOREGOING HOME AGREEMENT was acknowledg /0(d before me this �day of
°% O6 5 , 2017, by flJC W L 8JL , as Pi�-1 S/D>_, r
personally known to me or ❑ who has produced
identification.
C � jiptit
NOTARY PUBLIC
Print Name:_
My Commission Expires:
7:1,44, DEBRA DEAN JACKSON
�' :. # FF 183687
Expires April 15, 2019
;P;u.• Banded Dun Tay FU Manna 500316701$
APPROVED AS TO FORM
for the use and reliance of the City of
ClearwaAter, Florida, only.
/ ,2017.
Laura Mahony, Assistant City omey II
Clearwater, Florida
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h
WARNING: 18 U.S.C. 1001 provides, among other things, that whoever knowingly and willingly makes or uses a
document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the
jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or
imprisoned for not more than five years, or both.
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Exhibit "A"
INCOME CERTIFICATION CHART
April 14, 2017
INCOME ELIGIBILITY LIMITS
HUD Release Date - April 14, 2017
Household
Size
100% Median
Income
30% Median
(Extremely
Low)
Income
50% Median
(Very Low)
Income
80% Median
(Low)
Income
120% Median
(Moderate Income)
1 Person
$12,570
20,950
$ 33,520
$ 50,280
2 Persons
14,370
23,950
38,320
57,480
3 Persons
16,170
26,950
43,120
64,680
4 Persons
59,800
17,940
29,900
47,840
71,760
5 Persons
19,380
32,300
51,680
77,520
6 Persons
20,820
34,700
55,520
83,280
7 Persons
22,260
37,100
59,360
89,040
8 Person
23,700
39,500
63,200
94,800
GROSS (UNADJUSTED) MEDIAN HOUSEHOLD INCOME - $59,800