STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM HOME BUYER EDUCATION SUBRECIPIENT AGREEMENT FOR SERVICESCITY OF CLEARWATER
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
HOME BUYER EDUCATION
SUBRECIPIENT AGREEMENT FOR SERVICES
THIS AGREEMENT is made on this Jo day of e 9 2018,
between the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose
address is 112 S. Osceola Avenue, Clearwater, Florida, 33756, (hereinafter referred to as "City")
and Tampa Bay Community Development Corp. a private non-profit corporation under the laws
of Florida, whose corporate headquarters mailing address is 2139 N.E. Coachman Road, Ste #1,
Clearwater, FL 33765, (hereinafter referred to as "Tampa Bay CDC" or "Subrecipient").
WHEREAS, the City of Clearwater is the recipient of State Housing Initiatives
Partnership (SHIP) funds from the State of Florida through the Florida Housing Finance
Corporation;
WHEREAS, Tampa Bay CDC is a private non-profit corporation that provides homebuyer
education and counseling. Through this program, Tampa Bay CDC provides homebuyer educational
opportunities;
WHEREAS, Tampa Bay CDC submitted a proposal to utilize $1,872 in FY 2018-2019 SHIP
funds to enable Tampa Bay CDC to perform homebuyer education and counseling;
WHEREAS, Tampa Bay CDC has available the necessary qualified personnel, facilities,
materials and supplies to perform such services and/or carry out such programs for these residents, who
are eligible and qualified to receive said services and are within the income limits for low- and
moderate -income persons as defined by HUD and adjusted annually, and which current income levels
are attached hereto as Exhibit "A" and incorporated herein by reference.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and for other good and valuable consideration, the sufficiency and receipt whereof being hereby
acknowledged, the City and Tampa Bay CDC agree as follows:
SECTION 1: SCOPE OF SERVICES AND USE OF FUNDS
1. RECITALS.
The above recitals are true and correct and specifically incorporated herein, forming a material part of
the Agreement.
2. SCOPE OF SERVICES.
Subrecipient provides homebuyer education and counseling. Through this program, Tampa Bay CDC
provides educational opportunities to provide homebuyer education training (hereinafter referred to as
the "Program"). Under this Program, Subrecipient will use these funds to serve twenty-six (26)
individuals who are City of Clearwater residents and also low- to moderate- income, according to HUD
income guidelines attached hereto as Exhibit "A".
3. GOALS AND PERFORMANCE MEASURES: IMPLEMENTATION SCHEDULE.
Subrecipient will perform these educational services for approximately twenty-six (26) individuals.
Subrecipient agrees to work diligently towards the completion of the Project and complete the
Project by September 30, 2019. By April 1, 2019, at least 50% of the grant award shall have been
requested and thirteen (13) individuals served. If less than 50% of the funds have been expended,
the City will review Subrecipient's progress and its inability to meet this 50% grant expenditure
rate as a performance indicator and it will factor into the City's determination of non-compliance.
It is critical that Subrecipient complies with these time deadlines. Time is of the essence.
Subrecipient's failure to work diligently toward timely completing the Project and incidents of
non—performance may result in conditions being placed on the grant funds, suspension of grant
funds, or the City may cease disbursing funds pursuant to this Agreement.
4. TERM OF AGREEMENT.
This Agreement shall,be in effect for the period commencing October 1, 2018 and terminating on
September 30, 2019. Costs may not be incurred after September 30, 2019. Notwithstanding
anything herein to the contrary, Subrecipient's obligations to the City shall not end until all close-
out requirements are completed, including, but not limited to, such things as making final
payments, disposing of program assets, and retention of records. Also, notwithstanding the
foregoing, the term of this Agreement and the provisions herein shall be extended to cover any
additional time period during which Subrecipient remains in control of SHIP funds or other assets
or for any SHIP audits requiring repayment of any funds unlawfully spent under this Agreement.
5. BUDGET.
The SHIP Homebuyer Education funds shall be used solely for the stated purposes set forth in this
Agreement and expenditures shall be supported by invoices, vouchers and other data as
appropriate, including any reports required by the City, evidencing costs incurred. Any and all
program income earned on the SHIP funds shall be remitted to the City. If the SHIP funds are not
expended in accordance with the terms, conditions and time period set forth in this Agreement, or
the total amount of SHIP funds exceeds the eligible costs of the activity, the amounts improperly
expended or not expended shall be returned to the City to refund within thirty (30) days after the
expiration or termination of this Agreement. The City shall require delivery before payment is
made for services.
All costs incurred must be fully documented. Any amendments to the budget must be approved in
writing by both parties and be in accordance with the City's Agreement.
6. PAYMENT.
It is expressly agreed and understood that the total amount to be paid by the City for each City of
Clearwater resident served under this Agreement shall not exceed SEVENTY DOLLARS AND
NO 00/100 ($70.00) and the total amount to be paid for the length of the agreement not to exceed
ONE THOUSAND EIGHT HUNDRED AND SEVENTY TWO DOLLARS AND NO 00/100
($1,872.00).
Reimbursement of eligible expenses shall be made in accordance with performance using the
Request for Payment and Accomplishments forms located on the City of Clearwater's website at
www.myclearwater.com/housing. Also, all requests for payments must be placed on subrecipient's
letterhead and may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in Florida Statute 215.97, Florida Single Audit
Act.
7. NOTICES.
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery, or via facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following
representatives:
Chuck Lane
Assistant Director
112 S. Osceola Avenue
Clearwater, FL 33756
727-562-4023
727-562-4037 (fax)
Michael Bauer
President/CEO
2139 N.E. Coachman Road, Ste #1
Clearwater, FL 33765
727-442-7075
727-446-8727 (fax)
8. SUBRECIPIENT RESPONSIBIILITIES.
• Subrecipient will adhere to SHIP regulations regarding eligible activities, eligible program
participants, performance reports and administrative costs, including but not limited to:
Chapter 420 Florida Statutes and Chapter 67-37, Florida Admin Code.
• Subrecipient will ensure that program participants are eligible for participation in the SHIP
Homebuyer Education Program and meet the Area Median Income (AMI) at or below 120
percent based on household size.
• Subrecipient shall maintain all records that are pertinent to the activities to be funded under
this Agreement. Including: documentation in case management files to support income
verifications and residency. Retention of all records pertinent to expenditures incurred under
this Agreement must be kept for five (5) years from the date of final payment.
• Subrecipient shall provide the oversight, administration and project management
necessary to accomplish all activities in a timely manner.
• Subrecipient is required to comply with all federal, state, local laws and ordinances, as
deemed appropriate.
9. CITY RESPONSIBILITIES.
1. The City shall provide information regarding requirements for SHIP Homebuyer Education
program as updates and additional information becomes available.
2. The City shall notify the Subrecipient of any changes as they become available, in SHIP
regulations or program limits that affect the project, including but not limited to, income
limits, reporting requirements, etc.
3. The City will conduct monitoring visits as grantee and regulatory authority for the project
to ensure that the program requirements established by SHIP regulation and subsequent
updates are met. The City will provide Subrecipient information regarding such
monitoring or inspection visits to assist in ensuring compliance.
4. The City will review data collected by the Subrecipient for compliance with SHIP
requirements.
5. The City will review Subrecipient payment requests and process payments to the Subrecipient.
3
6. Nothing contained herein shall relieve the Subrecipient of its responsibilities as provided
under this Agreement.
10. OTHER REQUIREMENTS.
A. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner as
creating or establishing the relationship of employer/employee between the parties. The
Subrecipient shall at all times remain an "independent contractor" with respect to the services
to be performed under this Agreement. The City shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation insurance, as the Subrecipient is an independent contractor.
B. Hold Harmless
The Subrecipient agrees to defend, indemnify and hold the City and Florida Housing Finance
Corporation harmless from any and all claims, actions, suits, charges and judgments of any
nature whatsoever which may arise from the Subrecipient's performance or nonperformance of
this Agreement. The Subrecipient shall not be liable for acts of the City, its officers, agents or
employees. Nothing in this paragraph shall be construed as a waiver by the City of its right to
statutory sovereign immunity under Florida Statute §768.28.
C. Insurance and Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase blanket
fidelity bond covering all employees in an amount equal to reimbursements from the City.
The Subrecipient shall also provide Workers' Compensation insurance coverage for all of its
employees involved in the performance of this Agreement.
The Subrecipient shall also provide the City of Clearwater, when requested by City staff, a
copy of the Certificate of Insurance.
D. Amendments
The City or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, and
signed by a duly authorized representative of each organization; such amendments shall not
invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations
under this Agreement.
The City may, in its discretion, amend this Agreement to conform with Federal, state or local
government guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of activities
to be undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both City and Subrecipient.
E. Suspension or Termination of Agreement
1) With thirty (30) days written notice specifying the effective date, the City may suspend or
terminate this Agreement if the Subrecipient materially fails to comply with any terms of
this Agreement, which include, but are not limited to, the following:
a) Failure to comply with any of the rules, regulations or provision referred to herein, or
such statutes, regulations, executive orders, and SHIP guidelines, policies, or
directives as may become applicable at any time;
b) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
c) Submission by the Subrecipient to the City of reports that are incorrect or incomplete
in any material respect;
d) Ineffective or improper use of funds provided under this Agreement;
e) Failure of the Subrecipient to supply the City with reports and annual audits as required
by the City herein;
f) Failure of the Subrecipient to comply with the City's corrective action plan respective
to annual independent audits required by the City herein;
g) Suspension or termination by the State of the grant to the City under which this
Agreement is made, or portion of it delegated by this Agreement; provided, however,
that if the grant is merely reduced and in the absence of any contrary State directive,
the Subrecipient may adjust its budget and recommend Agreement amendments to the
City;
h) The City may also terminate, assign or transfer this Agreement when required by State
direction.
2) The Subrecipient may propose to terminate this Agreement in whole or in part for good
cause by giving at least thirty (30) days written notice specifically stating the cause for
such requested termination. Any such request for termination shall be subject to the
written approval of the City, acted upon by the City within ten (10) days of receipt of the
notice of request to terminate. The decision of the City shall be final and conclusive,
provided that such approval shall not be unreasonably withheld.
11. ADMINISTRATIVE REQUIREMENTS.
The Subrecipient agrees to comply with the following, as applicable, and all requirements and
standards which include but are not limited to the following:
A. Financial Management
1) Accounting Standards
The Subrecipient agrees to comply with 24 CFR 2 0 0 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal
controls and maintain necessary source documentation for all costs incurred.
2) Cost Principles
The Subrecipient shall administer its Project in conformance with 2 CFR Part 200,
"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, (formerly, OMB Circular A-110); 2 CFR Part 200, "Cost Principles
for Non- Profit Organizations", (formerly, OMB Circular A-122); and OMB
Circular A- 133, "Audits of States, Local Governments and Non -Profit
Organizations", as applicable. These principles shall be applied for all costs
incurred whether charged on a direct or indirect basis.
3) Allowable and Allocable Costs
Costs must be necessary, reasonable and directly related to the scope of services
5
of this Contract. In addition, costs must be legal and proper.
4) Documentation of Costs
All costs shall be supported by properly executed payrolls,time records, invoices,
contracts, vouchers, or other official documentation evidencing in proper detail the
nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers,
orders, or other accounting documents pertaining in whole or in part to this
Agreement shall be clearly identified and readily accessible.
B. Records- Public Records
1) Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified
in 24 CFR 570.506 that are pertinent to the activities to be funded under this
Agreement. Such records shall include but not be limited to:
• Records providing a full description of each activity undertaken;
• Records required to determine the eligibility of activities;
• Records documenting compliance with the fair housing and equal opportunity
components of the SHIP program.
2) Retention
The Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to the Agreement for a period of five (5) years. The
retention period begins on the date of the submission of the City's annual performance and
evaluation report to the State in which the activities assisted under the Agreement are
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the four-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the four-
year period, whichever occurs later.
3) Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address, income
level (based from program year's HUD release income guidelines), third party
verification and other basis for determining eligibility, and description of service
provided. Such information shall be made available to City monitors or their designees
for review upon request.
4) Disclosure of Client Information
The Subrecipient understands that client information collected under this contract is
private and the use or disclosure of such information is prohibited by Federal law,
when not directly connected with the administration of the City's or Subrecipient's
responsibilities with respect to services provided under this Agreement unless written
consent is obtained from such person receiving service and, in the case of a minor, that
of a parent/guardian.
6
5) Program Close -Out
The Subrecipient's obligation to the City shall not end until all close-out requirements
are completed. Activities during this close-out period shall include, but are not limited
to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances, and
accounts receivable to the City), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect
during any period that the Subrecipient has control over SHIP funds, including program
income.
In the event the Subrecipient does not expend the amount allocated under this
Agreement or the project is canceled, expired, assigned or terminated for any reason,
any funds not claimed by the Subrecipient and approved by the City for allowable
costs by the end of the term or by the date of cancellation, expiration, or termination of
this Agreement, as the case may be, shall no longer be payable to the Subrecipient
under this Agreement.
6) Access To Records
At any time during normal business hours and as often as the City, Florida Housing
Finance Corporation and/or the State of Florida may deem necessary, Subrecipient shall
make available to the City, Florida Housing Finance Corporation and/or representatives
of the State of Florida for examination all of its records with respect to all matters
covered by this Agreement. Further, the Subrecipient shall permit the City, Florida
Housing Finance Corporation, and/or representatives of the State of Florida to audit,
examine and make excerpts of transcripts from such records , and to make audits of
all contracts , invoices, materials, payrolls, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
7) Subrecipient Audit Requirements:
All Subrecipient records with respect to any matters covered by this Agreement shall
be made available to the City, and the State of Florida or any of their authorized
representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30
days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the
above audit requirements will constitute a violation of this contract and may result in
the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current City policy concerning subrecipient
audits and 2 CFR Part 200.
a) A Subrecipient that expends $750,000 or more in federal funds is required to have an
audit in accordance with 2 CFR 200.514. The Subrecipient is responsible for
submitting a data collection form and reporting package to the federal clearinghouse
within nine months of the end of the audit period. The reporting package must also be
submitted to the Recipient. Per 2 CFR 200.51.
b) Subrecipients that receive any public funds (federal, state, or local government funds)
are also subject to the audit requirements of Florida Statutes. An audit in compliance
7
with 2 CFR Part 200 will meet the audit requirements of the state of Florida.
c) All Subrecipient audits shall be completed within 180 days after the ending date of the
Subrecipient's fiscal year. One (1) copy of each audit report shall be delivered by the
Subrecipient to the City.
d) If the Subrecipient is unable or unwilling to have an audit conducted in accordance
with 2 CFR Part 200, the City shall take one or more of the following actions:
1. Withhold a percentage of federal CDBG and/or HOME funds until the
applicable audit is completed satisfactorily;
t i. Suspend further disbursements of federal CDBG and/or HOME funds until the
audit is conducted; or
iii. Terminate this Agreement in accordance with Section 10 E. Suspension or
Termination Of Agreement of this Agreement.
12. PARTICIPANT CONDITIONS.
A. Civil Rights and Compliance with Federal Laws
The Subrecipient agrees to comply with Title XLIV, Chapters 760-765, Civil Rights,
Florida Statutes and with:
1. Title VI of the Civil Rights Act of 1964 as amended - which provides that no person
in the United States shall on the grounds of race, color, or national origin be excluded
from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance.
2. Title VIII of the Civil Rights Act of 1968 as amended - which provides for fair
housing throughout the United States. Kinds of discrimination prohibited include refusal
to sell, rent, or negotiate, or otherwise to make unavailable; discrimination in terms,
conditions and privileges; discriminatory advertising; false representation; blockbusting;
discrimination in financing; and discrimination in membership in multi- listing services
and real estate broker organizations. Discrimination is prohibited on the grounds of
race, color, religion, sex and national origin. HUD (and grantees) shall administer
programs and activities relating to housing and urban development in a manner
affirmatively to further the policies of this Title.
3. Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended- which provides that no person in the United States shall on the grounds of
race, color, national origin or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with funds made available under this Title.
4. Section 504 of the Rehabilitation Act of 1973 - which provides that otherwise
qualified individuals with a disability may not be excluded from participation in, be denied
benefits of or be subjected to discrimination under any program or activity receiving
federal financial assistance.
5. The Americans with Disabilities Act of 1990 - which provides that no person shall
on the basis of disability, be excluded from participation in, be denied the benefits of
or be subjected to discrimination under any program or activity receiving federal
8
financial assistance.
6. The Age Discrimination Act of 1975 - which provides that no person shall on the
basis of age, be excluded from participation in, be denied the benefits of or be subjected
to discrimination under any program or activity receiving federal financial assistance.
7. Executive Order 11063 as amended by Executive Order 12259 - which requires
equal opportunity in housing and related facilities provided by federal financial
assistance.
8. Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and
12086 - which prohibits discrimination on the grounds of race, creed, color, sex or
national origin in employment under federally assisted construction contracts, as
applicable.
B. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24
CFR 570.607, as revised in Executive Order 13279. The applicable non-
discrimination provisions in Section 109 of the HCDA are still applicable.
13. SEVERABILITY.
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
14. WAIVER.
The City's failure to act with respect to a breach by the Subrecipient does not waive its right to
act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce
any right or provision shall not constitute a waiver of such right or provisions.
15. JURY TRIAL, VENUE & ATTORNEY FEES.
Venue of all actions shall lie in Pinellas County, Florida. Each party waives the right to a jury
trial. Each party agrees that the prevailing party shall be entitled to reimbursement of reasonable
attorney fees, including court costs, from the opposing party. For the purpose of this Agreement,
reasonable Attorney fees of the City Attorney shall be based on the fees regularly charged by a
private Attorney with an equivalent number of years of professional experience who practices in
Pinellas County, Florida.
16. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the City and the Subrecipient for the
use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between the City and the
Subrecipient with respect to this Agreement.
17. APPLICABLE LAW.
This law applicable to this Agreement is hereby agreed to be the law of the State of Florida.
IN WITNESS WHEREOF, the parties heireto have executed these presents and have set their
hands and seals this 1 a ' h day of ( 12/7Z yrI /-1 , 2018.
ATTEST:
By:l yl, k-- Q If(
Rosemarie Call, City Clerk
STAT OF FLORIDA
C1 CY OF
1 CLEARWATER
CITY OF CLEARWATER, FLORIDA, a municipal
corporation organized and existing under the laws of the State
of Florida
By tA)dat.i...,,A . b144-4,wia
William B. Horne II, City Manager
Tampa Bay Community Development Corp.,
a Florida n. .rofit corporation
By:
Title:
1ZL�' O6,
Print Name:
Date:
ti -6 ► C. 4 M L L LT. B •J L I✓ f t -
E FOREGOING S H I P AGINEMENT was acknowledged before me this 29 day of
, 2018, by/4/ 13 ice! as i"/G,-,`.1e-�t I" . He/She
is personally known to me or 0 who has produced as
identification.
iiito TAMMY N TREADWAY
?'i MY COMMISSION A Pf936488
EXPIRES November 18, 2019
ofo; iN.0153 flwidYdO.MYStnincoom
NOTARY IC
Print Name:"
My Commission Expires: /1) ) far
APPROVED AS TO FORM
for the use and reliance of the City of
Clearwater, Florida, only.
• /%, 018.
Laura Mahony, Assistant City orney
Clearwater, Florida
10
Exhibit "A"
INCOME LIMITS
April 1, 2018
INCOME ELIGIBILITY LIMITS
HUD Release Date -April 1, 2018
Household
Size
100% Median
Income
30% Median
(Extremely
Low)
Income
50% Median
(Very Low)
Income
80% Median
(Low)
Income
1 Person
$13,450
22,400
$ 35,800
53,760
2 Persons
16,460
25,600
40,900
61,440
3 Persons
20,780
28,800
46,000
69,120
4 Persons
63,900
25,100
31,950
51,100
76,680
5 Persons
29,420
34,550
55,200
82,920
6 Persons
33,740
37,100
59,300
89,040
7 Persons
38,060
39,650
63,400
95,160
8 Person
42,200
42,200
67,500
101,280
GROSS (UNADJUSTED) MEDIAN HOUSEHOLD INCOME - $63,900
11