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PROGRAM YEAR 2018 SUBRECIPIENT AGREEMENT (2)PROGRAM YEAR 2018 SUBRECIPIENT AGREEMENT BY AND BETWEEN CITY OF CLEARWATER AND TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT is made on this ;2(C1'" day of)'/ owAi key 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 Corporation, a private non-profit corporation under the laws of Florida, whose corporate headquarters mailing address is 2139 N.E. Coachman Road, Ste #1 Clearwater, Florida 33765, (hereinafter referred to as "TBCDC" or "Subrecipient"). WHEREAS, the City is the recipient of State Housing Initiatives Partnership ("SHIP") Program funds (CSFA 40.901) established in accordance with Section 420.907-9079, Florida Statutes, and Rules 67-37, Florida Administrative Code. The SHIP program was created for the purpose of providing funds to local governments as incentive for the creation of public-private partnerships to produce and preserve affordable housing, and WHEREAS, the City desires use a portion of said grant for the improvement of the social and economic welfare of its citizens through the provision of affordable housing to low and moderate -income persons; and WHEREAS, the City Council by Resolution number 18-04 has approved its Local Housing Assistance Plan ("LHAP") under the SHIP Program for FY 2018 through FY 2021 by which said goals shall be implemented; and WHEREAS, TBCDC has applied for and been approved to administer the city's Down Payment Assistance Program for very low-, low- and moderate -income first-time homebuyers utilizing the SHIP Program; 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 Sl z 1 zo i8 , the City Council authorized the City Manager to execute an agreement with TBCDC to provide Down Payment Assistance Services utilizing $20,000.00 in SHIP funds NOW THEREFORE, the City and TBCDC hereby execute this agreement to undertake the Down Payment Assistance Services described herein. FUTHERMORE, the City and TBCDC agree as follows: 1. SCOPE OF SERVICE A. TBCDC shall qualify, approve and coordinate loan closing for twenty (20) income eligible, very low- to moderate -income homebuyers within the city limits of Clearwater, Florida. B. TBCDC shall affirmatively market this program to eligible, very low- to moderate -income, homebuyers. Very low- and low to moderate -income is defined as having an annual gross income at or less than 120% percent of Area Median Income (AMI), as determined by the guidelines updated annually by the Department of Housing and Urban Development and posted at www.floridahousing.org. The current income levels for the Tampa -St. Petersburg MSA are contained in Exhibit "A". 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 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 2018 (October 1, 2018 through September 30, 2019). 2. PROJECT FUNDING A. The City of Clearwater hereby approves SHIP Program funding for Down Payment Assistance Services in the amount of $20,000 from SHIP Program funds. As a subrecipient, TBCDC shall serve as the primary point of contact. TBCDC will provide outreach and marketing, intake and processing of twenty (20) down payment and closing cost assistance loans for income eligible, very low-, low to moderate -income homebuyers who purchase homes within the city limits of Clearwater on behalf of the City of Clearwater. B. Homebuyer income qualification, underwriting and closing guidelines - TBCDC shall determine that each household is income eligible by verifying the household's total current combined gross annual income from all sources. All Income and Assets must be verified, in writing. To be eligible for assistance, the household'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). 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 18, residing or intending to permanently reside in the residence. This includes a spouse, fiance, parent, relative, adult child, etc. C. Requests for Disbursements - TBCDC shall ensure SHIP funds provided under this agreement will be requested for disbursement only in required amounts and as needed for payment of eligible costs. TBCDC shall be responsible for the outlay of funding for the down payment assistance. Once the case is completed and has been reviewed and approved by the department, TBCDC shall submit a request for reimbursement for the down payment assistance case along with the payment request for fee. The City will compensate TBCDC One Thousand Dollars and 00/100 ($1,000.00) project administrative cost. 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. D. The full amount of SHIP funds, $20,000, from the SHIP Program, shall be released as earned by verified performance of activities to be completed under this agreement, as determined by the City of Clearwater. 2 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. 3. 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 J. Bauer President & CEO 2139 N.E. Coachman Road, Ste #1 Clearwater, FL 33765 727-442-7075 727-451-3323 (fax) 4. SUBRECIPIENT RESPONSIBIILITIES • Subrecipient will adhere to SHIP regulations regarding eligible activities, eligible program participants, performance reports and administrative costs, including but not limited to: Sections 420.907-9079 Florida Statutes and Chapter 67-37, Florida Administrative Code. • Subrecipient will ensure that program participants are eligible for participation in the city's Down Payment Assistance 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. 5. CITY RESPONSIBILITIES A. The City shall provide information regarding requirements for city's Down Payment Assistance program as updates when additional information becomes available. 3 B. 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. c. 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. D. The City will review data collected by the Subrecipient for compliance with SHIP requirements. E. The City will review Subrecipient payment requests and process payments to the Subrecipient. F. Nothing contained herein shall relieve the Subrecipient of its responsibilities as provided under this Agreement. 6. 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. 4 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. 5 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. 7. 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 of this Contract. In addition, costs must be legal and proper. 4) Documentation of Costs All costs shall be supported by properly executed payrolls,trcne 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 five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- 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. 7 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. 8 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 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; 11. 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. 8. 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. 9 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 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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 hereto have executed these presents and have set their hands and seals this o`i4 ' day of KO -14_ i ii , 2018. ATTEST: 1 /�tlt/Ctc � Rosemarie Call, City Clerk STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida By: 14111,1-,,, William B. Horne II, City Manager Tampa Bay Community Development Corporation, a Florida non-profit corporatio, �- Title: ertim a��4 C..r-C) Print Name: Date: Ti44 FOREGOING SHIP AGREE NT Avas a owledged,ibefore oVi2" Y' , 2018, by Wi C o .) • 1. s El personally knowD to me or ©ho has produced identific ti ii. 'i' MARVALYr, T. MALCOLM-SMITH - State of Florida Ccr•r,iss;on: GG 189949 •' ••• M Cown. Expires May 1, 2022 6c^d c',-rcugh National Notary Assn. e day of .He/She as Itri•, A .,t A NO ARY PU : LI 7 Print Name: My Commission Expires: APPROVED AS TO FORM for the use and reliance of the City of Clearwater, Florida, only. /S 018. Laura Mahony, Assistant City A Clearwater, Florida 12 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 13