PROGRAM YEAR 2018 SUBRECIPIENT AGREEMENT (2)PROGRAM YEAR 2018 SUBRECIPIENT AGREEMENT BY AND BETWEEN
CITY OF CLEARWATER AND
HOUSING AND EDUCATION ALLIANCE, INC.
THIS AGREEMENT is made on this (A 7 T1 day of -))c 14.)? 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 Housing and Education Alliance, Inc., a private non-profit corporation under the laws of
Florida, whose corporate headquarters mailing address is 9215 North Florida Avenue, Ste #104
Tampa, Florida 33612, (hereinafter referred to as "HEA" 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, HEA 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, HEA has evidenced the capacity to provide down payment assistance services
funded by this agreement and is located in Tampa, Florida; and
WHEREAS, on
an agreement with HEA to
funds
cQ 0/ , the City Council authorized the City Manager to execute
e Down Payment Assistance Services utilizing $20,000.00 in SHIP
NOW THEREFORE, the City and HEA hereby execute this agreement to undertake the
Down Payment Assistance Services described herein.
FUTHERMORE, the City and HEA agree as follows:
1. SCOPE OF SERVICE
A. HEA 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. HEA 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. HEA shall complete the project within one year from the date this agreement is executed, unless a time
extension is requested by HEA 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. HEA 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, HEA shall serve as the primary point
of contact. HEA 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 - HEA 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 - HEA 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. HEA 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, HEA shall submit a request for reimbursement for the down
payment assistance case along with the payment request for fee. The City will compensate HEA 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 HEA 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.
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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)
Sylvia Alvarez
Executive Director
9215 North Florida Avenue, Ste #104
Tampa, FL 33612
813-932-4663
813-932-4660 (fax)
4. SUBRECIPIENT RE SPONSIBIILITIE S
• 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.
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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.
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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.
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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,tme 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.
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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.
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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;
1. 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.
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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 (7'7 `' day of 1 , 2018.
ATTEST:
By: .f ijWIC
Rosemarie Call, City
CITY OF CLEARWATER, FLORIDA, a municipal
corporation organized and existing under the laws of the State
of Florida
STATE OF FLORIDA
COUNTY OF PINELLAS
William B. Horne II, City Manager
THE OI EGO G S H I P AGREEMENT wa
(, 2018, by VIOc. )
_ personally known to me o
identifica ion.
Housing and Education Alliance, Inc., a
Florida non - f t corporatio
By:
r
Title: r ( 1
Print Name: S tl LU e‘ 4- A- A L v ki&
Date: // off)
cknowledgedbefore m This day of
l/Ol s C j t+AC• j rQ. .He/She
o has produced as
NOTARY P
Print Name:
My Commission Expires:
APPROVED AS TO FORM
for the use and reliance of the City o
Clearwater, Florida, only.
' ' ''•• MAPVALYN T. MALCOLM-SMITH
1 F
Notary Public - State of Florida
Commission = GG 189949
My Comm. Expires May 1, 2022
Bonded through National Notary Assn,
Laura Mahony, Assistant City A
Clearwater, Florida
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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
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