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PROGRAM YEAR 2023-2024 SUBRECIPIENT AGREEMENTPROGRAM YEAR 2023-2024 SUBRECIPIENT AGREEMENT BY AND BETWEEN CITY OF CLEARWATER AND TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION d/b/a Suncoast Housing Connections THIS SUBRECIPIENT AGREEMENT (this "Agreement") is made and entered into by and between the City of Clearwater, Florida, a Florida municipal corporation, with a principal address of P.O. Box 4748, Clearwater, Florida 33758 (hereafter referred to as the "City") and Tampa Bay Community Development Corporation, a Florida non-profit corporation, with a principal address of 2139 NE Coachman Road, Clearwater, FL 33755 (hereinafter referred to as "TBCDC" or "Subrecipient"). WHEREAS, the City has applied for and received HOME Investment Partnerships Program funding (hereinafter designed as "HOME") from the Department of Housing and Urban Development; and WHEREAS, Tampa Bay Community Development Corporation has applied for and been approved to utilize HOME Program funds for Purchase Assistance services; and WHEREAS, Tampa Bay Community Development Corporation has evidenced the capacity to provide purchase assistance services funded by this Agreement and is located within the city limits of the City of Clearwater, Florida; and WHEREAS, on July 20, 2023, the City Council authorized the City Manager to execute an agreement with Tampa Bay Community Development Corporation to provide Purchase Assistance services utilizing up to $45,000.00 in HOME funds for existing or newly constructed homes (the "Project"). In conjunction with other funding sources, Subrecipient will provide services under the Project for up to two (2) eligible, low-income homebuyers within the city limits of the City of Clearwater, Florida. NOW THEREFORE, the City and Subrecipient hereby execute this Agreement to undertake the described Purchase Assistance services. FURTHERMORE, the City and Subrecipient agree as follows: SCOPE OF SERVICES A. Subrecipient shall qualify two (2) eligible, low-income homebuyers within the city limits of Clearwater, Florida. B. Subrecipient 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 Exhibit "A". [GM22-1510-275/295359/1] Page 1 of 12 C. Subrecipient shall complete the Project within the program year as provided for in Subsection "D" below, unless a time extension is requested by Subrecipient 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. Subrecipient shall accomplish the contracted activities in program year 2023-2024 which begins on October 1, 2023 and runs through September 30, 2024. PROJECT FUNDING — PURCHASE ASSISTANCE SERVICES A. The City of Clearwater hereby approves HOME Program funding for purchase assistance services in an amount up to Forty -Five Thousand Dollars & 00/100 Cents ($45,000.00) for existing and newly constructed homes in the City of Clearwater from 2023 HOME Program funds. As a Subrecipient on behalf of the City of Clearwater, Subrecipient will provide outreach and marketing, intake and processing of up to two (2) purchase and closing cost assistance loans for qualified, low-income homebuyers who purchase homes in the city limits of the City of Clearwater. B. Requests for Disbursements and Program Income. Subrecipient 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 purchase assistance services when a loan is processed and closed through Subrecipient and all original documents have been received, the required documents have been recorded and the electronic files are in order. The City will compensate Subrecipient One Thousand Five Hundred Dollars and 00/100 Cents ($1,500.00) 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 Subrecipient to complete the Project. C. Homebuyer income qualification, underwriting and layering guidelines. Subrecipient shall determine if 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"). Subrecipient shall use third -party verifications of income and assets and 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 18 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, up to Forty -Five Thousand Dollars & 00/100 Cents $45,000.00 for existing and newly constructed homes, 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. E. It is expressly agreed and understood that the total amount of purchase assistance processing services shall not exceed Forty -Five Thousand Dollars & 00/100 Cents ($45,000.00) for existing and newly constructed homes from the HOME Program. Subrecipient will be awarded One Thousand Five Hundred Dollars and 00/100 Cents ($1,500.00) per purchase assistance loan after all original documents have been received, the required documents have been recorded and the electronic files are in order. F. If for any reason any term of this Agreement is breached by Subrecipient, the City may require full repayment of any amounts advanced under this Agreement, pursuant to Section 9, Remedies of Default. [GM22-1510-275/295359/1] Page 2 of 12 AFFORDABILITY A. As required by 24 CFR 92.254, purchase assistance processing services with funding provided under this Agreement, shall be affordable to low-income persons for an applicable period of affordability as required by 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 all HOME funds invested in the Project will be required according to the repayment terms set forth in Section VIII of this Agreement. Subrecipient 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: HOME Loan Amount Affordability Period Under $15,000 5 Years $15,000 to $40,000 10 Years Over $40,000 15 Years C. Subrecipient shall ensure that the purchase price paid by the low-income homebuyer does not exceed Three Hundred Forty -Two Thousand Dollars and 00/100 Cents ($342,000.00) for existing homes and newly constructed homes or as updated by HUD. MINIMUM HOUSING STANDARDS All affordable housing purchased with HOME funds provided under this Agreement shall meet Minimum Housing Standards (MHS). MHS shall mean compliance with all applicable minimum housing code requirements and standards as established by the City and the State of Florida. The City of Clearwater has contracted with a third -party vendor to perform the required inspections to ensure compliance. 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 ensure adherence to applicable Minimum Housing Standards. NOTICES Communication and details concerning this Agreement shall be directed to the following persons: City of Clearwater Tampa Bay Community Development Corp Charles Lane Frances Pheeny, President/CEO Asst Director -Economic Development & Housing P.O. Box 4748 Clearwater, FL 33758-4748 2139 NE Coachman Road Clearwater, FL 33755 The contact persons listed above may be changed upon fifteen (15) days written notice to the other party. SPECIAL CONDITIONS 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 ten (10) business days prior to closing. The City shall review and approve the closing disclosures from the first mortgage lender. [GM22-1510-275/295359/1] Page 3 of 12 ADMINISTRATIVE REQUIREMENTS A. Subrecipient shall abide by all applicate federal, state and local laws, regulations and codes and ordinances in the performance of all activities required by this Agreement, and specifically agrees to adhere to applicable requirements of 24 CFR Part 92, as amended including those requirements described in 24 CFR Subpart H with the exception of Environmental Reviews (which Subrecipient cannot assume) and 24 CFR 92.357 (the intergovernmental review process does not apply). Subrecipient shall comply with the City of Clearwater HOME Regulations and the City of Clearwater Policies and Procedures Manual dated July 29, 2022, through the term of this Agreement (and any future revisions) which is available upon request. B. Subrecipient shall annually submit an agency -wide audit which shall include the Project funds. The audit shall be in accordance with generally accepted accounting principles. Subrecipient shall provide the City with one (1) copy of each annual audit for the duration of the Project. Any deficiencies noted in the audit report shall be fully cleared by Subrecipient within thirty (30) days after receipt of said audit report by the City. Failure of Subrecipient 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 9 -Remedies on Default. C. Subrecipient shall adhere to the requirement of 2 CFR 200 Subpart E - Cost Principles, 24 CFR Part 84 and 24 CFR §92.505. D. Subrecipient 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 Subrecipient within a reasonable timeframe, to be specified by the City in its notice to Subrecipient, suspension or termination procedures may be initiated as specified in Section 8, Section 9 or Section 10. E. Subrecipient 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 the services required under this Agreement. Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient 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. Subrecipient 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. Subrecipient shall affirmatively market all housing units developed under this Agreement to low-income persons in compliance with 24 CFR §570.601 - Public Law 88-352 and Public Law 90-284 and ensure maintenance of documentation of affirmative marketing efforts to such persons. Prior to any funds being disbursed under this Agreement, Subrecipient shall provide an affirmative marketing plan acceptable to the City documenting the affirmative marketing efforts to low-income persons planned to be undertaken by Subrecipient regarding the Project. [GM22-1510-275/295359/1] Page 4 of 12 H. Subrecipient shall not pay any part of funds received under this Agreement for lobbying of the Executive or Legislature Branches of the federal, state or local government. I. Environmental. Subrecipient shall comply with EPA regulations pursuant to 40 CFR Part 50; National Environmental Policy Act of 1969, as applicable the Project funded under this Agreement, the Flood Disaster Protection Act of 1973 (42 U.S.C. §4106) and the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. &&4821-4846) and the regulations promulgated thereunder, all as amended. SUBRECIPIENT agrees to assist the City to comply with the following regulations insofar as they apply to the Environmental Protection Regulations pursuant to 40 CFR Part 50, HUD Environmental Review Procedures specified in 24 CFR Part 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 Subrecipient. J. Subrecipient shall establish and ensure the eligibility of purchasers of housing purchased under this Agreement regarding low-income homebuyer requirements specified by the Department of Housing and Urban Development. In addition, Subrecipient 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 and Asian/Pacific Islander. Subrecipient 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. Subrecipient shall provide drug-free workplaces in accordance with the Drug -Free Workplace Act of 1988. L. Subrecipient 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. Subrecipient shall ensure maintenance of adequate records and reports to evidence such compliance. M. Record Retention. Subrecipient will ensure that all records required under this Agreement are retained for a period of five (5) years after the applicable required period of affordability. Subrecipient shall furnished, 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 here. N. OSHA - Subrecipient 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 — Subrecipient shall comply with Executive Order 11063, as amended by Executive Order 12259, and shall not discriminate against persons on the basis of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital or familial status with regard to public assistance. Subrecipient shall maintain records and documentation to evidence compliance with this requirement. Subrecipient 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 [GM22-1510-275/295359/1] Page 5 of 12 compensation, and selection for training, including apprenticeship. Subrecipient 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 — Subrecipient 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. Subrecipient agrees that funds received under this Agreement will not be utilized for religious actives, to promote religious interests, or for the benefit of a religious organization. R. Reversion of Assets — Upon expiration or termination of this Agreement, Subrecipient shall transfer to 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. S. Insurance - Throughout the term of this Agreement, Subrecipient must maintain general liability ($1,000,000.00 per occurrence and $2,000,000.00 aggregate) and automobile liability insurance ($1,000,000.00 per accident), and errors and omissions insurance ($1,000,000.00). The City must be listed as an additional insured party on each of the required insurance policies with at least thirty (30) days' notice prior to expiration. Subrecipient must also maintain workers compensation coverage in an amount specified by state law. DEBARMENT AND SUSPENSION Subrecipient 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 judgement 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. REMEDIES OF 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 this 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 Subrecipient has materially failed to comply with any provisions for this Agreement, or with any rules, statues, regulations, or ordinances referred to herein, the City will notify Subrecipient in writing and hand -deliver, with written receipt evidencing the date and time of delivery, or [GM22-1510-275/295359/1] Page 6 of 12 send by certified mail, return receipt requested, such Notice of Default to the party designated to receive such Notices in Section 5 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 Subrecipient the opportunity to demonstrate compliance with this Agreement's requirements in question. Subrecipient shall offer evidence of such compliance within a reasonable timeframe 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 Subrecipient 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: • Temporarily withholding cash payments pending correction of the deficiency by Subrecipient. • Specific activities required by the City to correct the deficiency and to be accomplished by Subrecipient in a specified time frame. • Canceling or revising activities which may be affected by the performance deficiency and were approved under this Agreement. • Reprogramming any balance of HOME funds made available under this Agreement from deficient activities, or any activity funded under this Agreement, to other eligible activities. • Suspension of HOME fund disbursements for deficient activities, or any activities funded under this Agreement and subsequent termination of this Agreement in its entirety. • Termination of this Agreement in its entirety and require Subrecipient to repay to the City any and all HOME funds advanced under this Agreement. • Removing Subrecipient from participation in any future allocation of HOME funds from the City. • Taking other remedial actions that may be legally available to the City. D. In the event Subrecipient dissolves the organization, ceases to exist, or becomes unable for any reason to fulfill its obligations under this Agreement, the City will require Subrecipient 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 the 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 the 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 9, Remedies on Default. G. Pursuant to 24 CFR 92.205(e), should this Agreement be terminated before completion of the Project, either voluntarily or otherwise, Subrecipient 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). [GM22-1510-275/295359/1] Page 7 of 12 TERMINATION A. Pursuant to 24 CFR Part 200, the City may terminate this Agreement upon thirty (30) days prior written notice to the Subrecipient contact person indicated in Section 5 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 award to be terminated. B. Subrecipient may terminate this Agreement upon thirty (30) days prior written notice to the City contact person indicated in Section 5 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 9, or 24 CFR Part 200. 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 Subrecipient, respectively, and that their signatures below, the terms and provisions thereof, 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 mutually agree to amend or modify this Agreement at any time, provided that such amendment(s) or modifications(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. Subrecipient shall always remain an independent contractor with respect to the services to be performed under this Agreement. F. Subrecipient 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. H. Should any part, term of provision of this Agreement, or provisions 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. INDEMNITY Subrecipient agrees that it shall indemnify, defend, and save harmless the City, its officers, agents, and employees from: [GM22-1510-275/295359/1] Page 8 of 12 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 Subrecipient, 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 Subsections A. and B. TERM OF AGREEMENT This Agreement shall be in full force and effect from October 1, 2023 through September 30, 2024. [GM22-1510-275/295359/1] Page 9 of 12 INWITNESS,WHE�REOF, the parties hereto have executed these presents and have set their hands and seals this T-nday of (� / K , 2023. (CITY SIGNATURE PAGE) ATTEST: Approved . s to form: Matthew J. Mytych, Esq. Assistant City Attorney Date: %— 2 5-1-1 CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. By: Date: Jennife Poi'' 'er City Manager '( 9 3 ikt(t2ti, G L. Rosemarie Call City Cler Date: [GM22-1510-275/295359/1] Page 10 of 12 (SUBRECIPIENT SIGNATURE PAGE) STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING AGREEMENT w notariza ion, this $ti) day of Raw / 761.--Z of TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION, a Florida nonvrofit corrp3ration. By: b' 'f Title• /d(/ /u' Print Name: ('r(Yl r Date: Ci/t/do023 as a knowledged before me by , 2023, by . He/She is as identific ion. N i ARY PUBLIC Theresa B. Quiroga NOTARY PUBLIC STATE OF FLORIDA Commit GG950501 Expires 5/1612024 eans of [l/]p}i sical presence or El online /2Q/)fpl� j� as personally known to me r ❑ has produced Print Name:e,r(va- I %Lv Cl My Commission Expires: (.51/1.07 J [GM22-1510-275/295359/1] Page 11 of 12 EXHIBIT "A" HOME Income Limits Effective June 15, 2023 i Oto 30+ to 50+ to 60+ to Household I 30% AMI 50% AMI 60% AMI 80% AMI Size I (Extremely Low) (Very Low) (Low -LI ITC) (Low) 1 Person I $ 18250 $ 30,450 $ 36,540 $ 48,650 2 Persons ' $ 20.850 ««««»..«aa«a«««....a« $ 34,800 $ 41,760 $ 55,6001 3 Persons TiT 23,450 $ 39,150 $ 46,980 , $ 62,550 4 Persons I $ 26,050 $ 43,450 $ 52,140 $ 69,500 5 Persons i.. 28,150 $ 46,950 $ 56,340 a«� $ 75,100 6 Persons 1 $ 30,250 $ 50,450 $ 60,540 $ 80,650 7 Persons $ 32,350 $ 53,9001$ 64,680 I $ 86200 I 8 Persons . S 34,400 $ 57,400 $ 68,880 $ 91,750 Median Family Income (MFI) Rounded - $89,400 Rs«ti.ieve-iees) [GM22-1510-275/295359/1] Page 12 of 12