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SHIP SUBRECIPIENT AGREEMENTSHIP SUBRECIPIENT AGREEMENT BY AND BETWEEN CITY OF CLEARWATER AND CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC. d/b/a Tampa Bay Neighborhood Housing Services 4-6 THIS SUBRECIPIENT AGREEMENT (this "Agreement") is made on this l3 day of October, 2023, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose address is 600 Cleveland Street, Suite 600, Clearwater, Florida 33755, (the "City") and CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC., a Florida non-profit corporation, whose mailing address is 608 North Garden Ave., Clearwater, FL 33755, ("Subrecipient") (the City and Subrecipient shall be referred to collectively as the "Parties"). WHEREAS, the City is the recipient of the State Housing Initiatives Partnership ("SHIP") Program funds (CSFA 40.901) established in accordance with Sections 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. The City of Clearwater has met all prerequisites for participation in the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, the State of Florida authorized and directed the City to utilize funds distributed under the State Housing Initiatives Partnership (SHIP) Program for eligible housing activities and projects; and WHEREAS, the City desires to use a portion of said grant funds for the improvement of the social and economic welfare of its citizens through the provision of affordable housing for low to moderate -income persons; and WHEREAS, the City Council through Resolution Number 21-04 has approved its Local Housing Assistance Plan ("LHAP") under the State Housing Initiatives Partnership ("SHIP") Program for FY 2021 through FY 2024 by which said goals shall be implemented; and WHEREAS, Subrecipient has been approved to provide an 8 -Hour Homebuyer Education Class, Pre -Purchase Counseling, and Foreclosure Prevention Counseling services for very low, low and moderate -income eligible households residing within the City of Clearwater city limits and clients purchasing properties within the city limits of Clearwater (Tax District CW, CWD, or CWDO) utilizing the SHIP Program; and WHEREAS, on July 20, 2023, the City Council authorized the City Manager to execute an Agreement with Subrecipient to provide an 8 -Hour Homebuyer Education Class, Pre -Purchase Counseling and Foreclosure Prevention Counseling services utilizing up to Twenty -Five Thousand Dollars and 00/100 Cents ($25,000.00) in SHIP funds to residents residing in the city limits. Subrecipient shall also be provided additional program funding for successfully stewarding any person, City resident or otherwise, to homeownership within the city limits through the Pre - Purchase Assistance program; and 1 WHEREAS the Parties desire to carry out the aforementioned housing activity as further specified in Part II of this Agreement; and WHEREAS, the City Council has authorized and appropriated a portion of its SHIP funds for providing an 8 -Hour Homebuyer Education Class, Pre -Purchase Counseling, and Foreclosure Prevention Counseling services to eligible persons who are current residents of the City of Clearwater as well as additional program funding to Subrecipient for successfully stewarding any person, City resident or otherwise, to homeownership within the city limits through the Pre - Purchase Counseling program, by the implementation of the Purchase Assistance Strategy as specified in the City of Clearwater's approved 2021-2024 SHIP Local Housing Assistance Plan; and WHEREAS, the regulations contained in Sections 420.907-9079 of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code, as are now in effect and as may be amended from time to time govern this Agreement; and NOW THEREFORE, the Parties hereby execute this Agreement to undertake the described 8 -Hour Homebuyer Education Class, Pre -Purchase Counseling, and Foreclosure Prevention Counseling Services. FUTHERMORE, the Parties agree as follows: I. DEFINITIONS AND PURPOSE A. DEFINITIONS 1. "City" means the City of Clearwater, Pinellas County, Florida. 2. "F. A.C." means the Florida Administrative Code. 3. "FHFC" means the Florida Housing Finance Corporation. 4. "Very low- income person" or "very low-income household" means one or more natural persons or a family, that has a total annual anticipated gross household income that does not exceed fifty percent (50%) of the median annual income for the Tampa -St. Petersburg MSA, adjusted for household size. 5. "Low-income person" or "low-income household" means one or more natural persons or a family, that has a total annual anticipated gross household income that does not exceed eighty percent (80%) of the median annual income for the Tampa -St. Petersburg Clearwater Metropolitan Statistical Area (MSA). 6. "Moderate -income person" or "moderate low-income household" means one or more natural persons or a family, that has a total annual anticipated gross household income that does not exceed one hundred twenty percent (120%) of the median annual income for the Tampa -St. Petersburg MSA, adjusted for household size. 7. "SHIP" means the State Housing Initiatives Partnership Program. B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Subrecipient will implement the Scope of Service summarized in Section II of this Agreement. 2 II. SCOPE OF SERVICES A. SCOPE Subrecipient shall provide an 8 -hour homebuyer education class, one-on-one Pre -Purchase Counseling to potential homebuyers, and Foreclosure Prevention Counseling services (collectively the "Project"). See Exhibit "D" attached for further Project details. Each service provided will be for income -eligible households at or below 120% AMI within the city limits of the City of Clearwater, Florida. Additional program funding will be provided to Subrecipient for successfully stewarding any person, City resident or otherwise, to homeownership within the city limits through the Pre -Purchase Assistance program. B. MARKETING Subrecipient shall affirmatively market the Project to eligible, very low, low to moderate - income homebuyers and homeowners. Very low, low to moderate income is defined as having an annual gross income at or below 120% of the Area Median Income (AMI) for the Tampa St. Petersburg -Clearwater Metropolitan Statistical Area (MSA), as determined by the income guidelines updated annually by the Department of Housing and Urban Development and posted at www.floridahousing.org. The current income limits for the Tampa St. Petersburg -Clearwater MSA are contained in Exhibit "A". Subrecipient shall provide the City with a copy of their Affirmative Marketing Plan at the time of execution of this Agreement. C. PROJECT COMPLETION Subrecipient shall complete the Project by September 30, 2024, 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. ACCOMPLISHMENT Subrecipient shall accomplish the contracted activities in Program Year 2023-2024 (October 1, 2023 through September 30, 2024). III. TIME OF PERFORMANCE This Agreement and all rights and duties designated hereunder shall be in effect beginning October 1, 2023, and all services required hereunder shall be completed by September 30, 2024, in accordance with this Agreement. IV. PROJECT FUNDING A. DUTIES The City of Clearwater hereby approves SHIP Program funding for the Project in an amount not to exceed Twenty -Five Thousand Dollars and 00/100 Cents ($25,000.00). 3 Subrecipient will serve as the primary contact for the Project. B. INCOME QUALIFICATION GUIDELINES Subrecipient shall determine that each household is income eligible by reviewing the household's total current combined gross annual income from all sources. The total household income cannot exceed the limits set by HUD for Tampa St. Petersburg - Clearwater, FL MSA (Exhibit "A"). V. PAYMENT A. PAYMENT GENERALLY 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 is detailed in Exhibit "C" — Budget. The total amount to be paid to Subrecipient for the length of this Agreement is not to exceed Twenty -Five Thousand Dollars and 00/100 Cents ($25,000.00). Payment of funds under this Agreement may be requested only for allowable services described in the Budget, attached hereto as Exhibit "C". Upon compliance with the terms of this Agreement, the City will disburse funds only after receipt and approval by appropriate City personnel of the Draw Request (to be submitted in the City's Participant Portal of Neighborly Software). Draw Requests shall be submitted no more frequently than once a month and shall be in accordance with the budget specifying the services to be performed. Upon compliance with the terms of this Agreement, the City will disburse funds to the Subrecipient for the Project after verification of the services by the Economic Development and Housing Department. Draw Requests shall include adequate documentation of clients served and all other information as described in Exhibit "C". All Draw Requests submitted to the City must be submitted by an authorized signatory of Subrecipient. Notwithstanding anything to the contrary in this Agreement, the City reserves the right to request additional supporting documentation to verify the reasonableness and validity of all Draw Requests. B. METHOD OF PAYMENT: Payments shall be made based on completed services and submission of documentation as outlined in this Agreement between the City and Subrecipient. Subrecipient shall submit monthly requests for payment to the City's Economic Development and Housing Department, via the City's Participant Portal of Neighborly Software, in accordance with the following: 1. The City shall authorize payments to Subrecipient for services provided as outlined in the Budget as expressed in Exhibit "C" of this Agreement. 2. Provided that the requests for payment are complete and undisputed, the City's Economic Development and Housing Department shall authorize payment of approved requests within thirty (30) days of receipt of such requests. 3. The monthly requests for payment shall be submitted through the Neighborly portal and shall include: • An invoice on Subrecipient's letterhead, signed by an authorized representative, that includes the name and address of each client receiving services and 4 signature verifying their attendance; • Brief description of services or activities undertaken during the month for which payment is being requested; • Evidence that the clients served lived in the appropriate Clearwater tax districts and have been income qualified; and • Certificates of Completion for the workshops. VI. GENERAL CONDITIONS A. GENERAL COMPLIANCE Subrecipient agrees to comply with all applicable requirements as outlined in Sections 420.907-9071 of the Florida Statutes and F.A.C. 67-37. Subrecipient also agrees to comply with all other applicable state and local laws, regulations, and policies governing the funds provided under this Agreement. Subrecipient agrees to utilize funds available under this Agreement to provide the Project to eligible persons and households. B. 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. 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 benefits, life and/or medical insurance and workers' compensation insurance, as Subrecipient is an independent eligible Subrecipient. C. WORKERS' COMPENSATION Subrecipient shall provide workers' compensation insurance coverage for all of its employees involved in the performance of this Agreement in an amount specified by state law. D. 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. E. INDEMNIFICATION Subrecipient shall indemnify, defend, and hold the City of Clearwater harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits relating to this Agreement, and shall pay all costs and judgments which may be issued thereon. In particular, Subrecipient will hold the City harmless and will indemnify the City for any obligations imposed by the State arising out of the conduct of activities under this Agreement. 5 F. GRANTOR RECOGNITION Subrecipient shall ensure recognition of the role of the grantor agency and the SHIP Program in providing services through this Agreement. All publicity materials or notices pursuant to this contract shall be prominently labeled as to funding source. G. AMENDMENTS The City and Subrecipient may mutually agree to amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. Additionally, the City may, in its sole discretion, amend this Agreement to conform with State or local governmental 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 the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and Subrecipient. H. SUSPENSION OR TERMINATION Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In the event of any termination for convenience, all finished or unfinished documents, data, reports or other materials prepared by Subrecipient under this Agreement shall, at the option of the City, become the property of the City. The City may also suspend or terminate this Agreement, in whole or in part, if Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein, in addition to other remedies as provided by law. If, through any cause, Subrecipient shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to Subrecipient of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. If payments are withheld, Economic Development & Housing Department staff shall specify, in writing, the actions that must be taken by Subrecipient as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: • Failure to comply with Section II, Scope of Service of this Agreement. • Failure to submit periodic reports as determined by the City. 6 VII. ADMINISTRATIVE REQUIREMENTS A. RECORDS TO BE MAINTAINED Subrecipient shall maintain all records required by the City of Clearwater that are pertinent to the activities to be funded under this Agreement. B. RETENTION Subrecipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the funds have been expended and accounted for, and/or the loan has been released or satisfied, or after the SHIP closeout annual report for these funds has been submitted, whichever is later. 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 ten-year period, whichever occurs later. C. DISCLOSURE Subrecipient shall maintain records in accordance with Florida's Public Information Law (F.S. Chapter 119). D. CLOSEOUTS Subrecipient's obligation to the City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to, making final payments and determining the custodianship of records. E. AUDITS & INSPECTIONS 1) In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Subrecipient, the Subrecipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. State financial assistance is being awarded through the City by this Agreement. Exhibit "1" to this Agreement indicates state financial assistance awarded through the City of Clearwater by this Agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from the City, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2) In connection with the audit requirements addressed in this Subsection E, Paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 7 3) If the Subrecipient expends less than $750,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Subrecipient expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than State entities). Full audit language is attached as Exhibit "B". 4) Copies of financial reporting packages required by this Article shall be submitted by or on behalf of Subrecipient directly to the City, at the address set forth in Section XII. herein, and to the Auditor General's Office at the following address: Auditor General's Office Local Government Audits/251 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 5) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not expended in accordance with the conditions of this Agreement, the Subrecipient shall be held liable for reimbursement to the City of all funds not expended in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the City has notified Subrecipient of such non-compliance. Said reimbursement shall not preclude the City from taking any other action as provided in Section VI, Subsection H herein or otherwise available at law or at equity. 6) If expenditure does not exceed $750,000.00 during an operating year, Subrecipient shall submit to the City, within one hundred eighty (180) days after the end of the Subrecipient's fiscal year, and otherwise upon request by the City, audited financial statements, which must comply with Generally Accepted Accounting Principles (GAAP), covering the entire Term of this Agreement. If the Subrecipient fails to provide its audited financial statements within the one hundred eighty (180) daytime period referenced above, then, the Subrecipient shall be in default hereunder. Notwithstanding the foregoing, the City may grant the Subrecipient an extension of the one hundred eighty (180) daytime period to provide its audited financials, but such extension shall be solely at the City's discretion. F. PROGRESS REPORTS: The Subrecipient shall submit Progress Reports to the City in the form, content and frequency required by the City. VIII. CIVIL RIGHTS COMPLIANCE Subrecipient agrees that no person shall, on the ground of race, creed, color, religion, national origin, sex, handicap, familial status, marital status or age be excluded from the benefits of or be subjected to discrimination under any activity carried out by Subrecipient 8 in performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. Subrecipient will 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 or recruitment advertising, layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. IX. PROHIBITED ACTIVITY Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. X. DRUG AND ALCOHOL POLICY The Subrecipient shall assure the City that it will administer, in good faith, a policy designed to ensure that the Subrecipient is free from the illegal use, possession, or distribution of drugs or alcohol. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, if such remainder would then continue to conform to the terms and requirements of applicable law. XII. NOTICE All notice required to be given under this Agreement shall be sufficient when delivered to the Economic Development & Housing Department Office at P.O. Box 4748, Clearwater, Florida 33758 and to Subrecipient having its mailing address at [Address], [City], Florida, [Zip]. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement and the exhibits referenced herein, shall be executed in two counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first written above, Approved as to form: Matthew J. Mytych, Esq. Assistant City Atto ey Date: MAY 23 (CITY SIGNATURE PAGE) CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. By: 10 Jennifer Poirrier City M ager Date: V-. /.3j ZO'Z3 Attest: Rosemarie Call City C1er Date: &l ei. i 3 ,0at3 (SUBRECIPIENT SIGNATURE PAGE) CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC., a Florida non-profit corporation. Title: Fr1GS17VGaV Print Name: Efr4W) Caf►^ wY Date: �'_v` 9_" 2 STATE OF FLORIDA ) COUNTY OF PINELLAS ) THE FOREGOING AG MENT was acknowledged before me this C day of Ob4gr 2023, by Ef r�tvi (01-1 as 1Ffg4)de..ry � b of . He/She is personally known to me or has produced as identification. 11 Y PUBLIC rint name: Ck,Cgal 2 -. My Commission Expires: 9 j l 7/1' Exhibit "A" SHIP INCOME LIMITS Effective May 15, 2023 SHIP Income Limits Effective May 15, 2023 Oto 30+ to 50+ to 80+ to Household , 30% AMI 50% AMI 80% AMI 120% AMI Size (Extremely Low) (Very Low) (Low) ; (Moderate) 1 Person S 18,250 i S 30,450 1 $ 48,650 S 73,00 2 Persons I S 20,850 S 34.800 I S 55.600 1 S 83,520 3 Persons—T$ 24, S 39,150 S 62,550 S 93.960 4 Persons I $ 30,000 S 43,450 ; $ 69.500 S 104,280 ______1_- f. — _..._._. .p - _ .. _..� 1_-5 Persons S 35,140 S 46,950 1 $ 75,100 I $ 112,680 5 6 Persons S 40,280 I $ 50,450 S 80,650 I $ 121,080 7 Persons 45.420 53,900 S 86.200. $ 129.360 ~ 8 Persons _ S 50,560 1 $ 57,400 ! S 91,750 S 137,760 Median Family Income (MFI} Rounded - 589.400 gawk* 05-5-2023) 12 Exhibit "B" The administration of resources awarded by the City of Clearwater to Subrecipient may be subject to audits and/or monitoring by the City of Clearwater or other applicable government agencies as described in this exhibit. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see Audits below), monitoring procedures may include, but not be limited to, on-site visits by City of Clearwater staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the City of Clearwater. In the event the City of Clearwater determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by City of Clearwater staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Subrecipient is a state or local government, or a nonprofit organization as defined in 2 CFR §200.1., §200.64, and 200.70. A recipient that expends $750,000.00 or more in federal awards in its fiscal year must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT "1" to this form lists the federal resources awarded through the City of Clearwater by this agreement. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from the City of Clearwater. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part I. For the audit requirements addressed in Part I, the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. A recipient that expends less than $750,000.00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the Subrecipient expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). 13 PART II: STATE FUNDED This part is applicable if the Subrecipient is a non -state entity as defined by Section 215.97(2), Florida Statutes. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. ExHIBIT 1 to this form lists the state financial assistance awarded through the City of Clearwater by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from the City of Clearwater, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. For the audit requirements addressed in this Part II, the Subrecipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Subrecipient expends less than $750,000.00 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). PART III: OTHER AUDIT REQUIREMENTS Note: This Part should be used to specify any additional audit requirements imposed by the state awarding entity that are solely a matter of that state awarding entity's policy (i.e., the audit is not required by federal or state laws and is not in conflict with other federal or state audit requirements). Pursuant to Section 215.97(2), Florida Statutes state agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the state awarding agency must arrange for funding the full cost of such additional audits. PART IV: REPORT SUBMISSION 1.Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR §200.512, by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and 200.512. 14 The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient directly to each of the following: The City of Clearwater at the following address: Economic Development & Housing Department P.O. Box 4748 Clearwater, Florida 33758 The Auditor General's Office at the following address: Auditor General Local Government Audits/251 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website provides instructions for filing an electronic copy of a financial reporting package. 3. If applicable, copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient directly to: The City of Clearwater at the following address: Economic Development & Housing Department P.O. Box 4748 Clearwater, Florida 33758 Any reports, management letters, or other information required to be submitted to the City of Clearwater or the Auditor General pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Auditor General for audits done in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date on which the reporting package was delivered to the Subrecipient. PART V: RECORD RETENTION The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the City of Clearwater, or its designee, the CFO, or Auditor General access to such 15 records upon request. The Subrecipient shall ensure that audit working papers are made available to the City of Clearwater, or its designee, the CFO, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the City of Clearwater. Note: Records need to be retained for at least five years to comply with record retention requirements related to original vouchers as prescribed by the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management. 16 EXHIBIT "1" State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Matching Resources for Federal Programs: Note: If the resources awarded to the recipient for matching represent more than one federal' program,,` provide the same° information shown below for each federal program and show total state resources awarded for matching. Federal Program A: N/A 1. List federal agency, Catalog of Federal Domestic Assistance title and number, and $ (amount). Federal Program B: 2. List federal agency, Catalog of Federal Domestic Assistance title and number, and $ (amount). Subject to Section 215.97, F.S.: Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. State Project A: 3. List state awarding agency, Catalog of State Financial Assistance title and number, and $ (amount). State Project B: 4. List state awarding agency, Catalog of State Financial Assistance title and number, and $ (amount). Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement Are as Follows: Note List applicable compliance requirements in the same manner as illustrated above for federal resources For matching"resources provided by the City of Clearwater for federal programs, the requirements'might be similar to the requirements for the applicable federal programsr.,Alsoy, to, the extent that d ferent requirements pertain to different amounts of the non-federal resources, there may be more than one grouping (i.e., 1, 2, 3, etc.) listed under this category. Jote.,2CFR rrograms and 1200::513:and section 215.97(5), FS., require that the information state projects included in ExHIBIT 1 be:provided to the recipient. abou, For questions regarding :Form DFS -A2 -CL,' contact your," FSAA state; agency .liaison Department of Financial Services;' Bureau of Auditing, at FSAA�a,MyFloridaC'FO. com 'oi 413-3.0611 deral re (850); 17 Project Funding Source: SHIP Amount of Funding: EXHIBIT "C" Budget SUBRECIPIENT FY 2023-2024 $25,000.00 Services Funded 1. 8 -Hour Homebuyer Education Class 2. Pre -Purchase Counseling 3. Foreclosure Prevention Counseling (See additional information below) Benefit: Beneficiaries assisted must reside within the City of Clearwater limits and or purchase within the city limits (Tax District CW, CWD, or CWDO) and household income must be at or below 120% AMI based on the SHIP income limits in effect at the time assistance is provided. Total: Payment Structure to Subrecipient: 1. 8- Hour Homebuyer Education Class: $75.00 per class participant. 2. Pre -Purchase and Foreclosure Counseling: $250.00 for each initial counseling session. 3. Additional program funding upon proof of home purchases in the City after completion of Pre -Purchase Counseling: $250.00 per client. Note: Payment for classes and counseling shall only be provided for participants residing in the City. City staff may shift encumbered funds from one housing counseling agency to another. Income eligibility is determined by household. 18 EXHIBIT "D" SCOPE OF SERVICES The City of Clearwater's SHIP Local Housing Assistance Plan (LHAP) identified the goal of providing "Support Services and Counseling". Support Services and Counseling includes but is not limited to Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling, Foreclosure Counseling, and Transportation with the objective of assisting qualified low to moderate income households in becoming homeowners and understanding foreclosure alternatives for households who are in danger of becoming delinquent, are delinquent, or in default. The City, through Subrecipient, will facilitate this goal by providing funding for the 8 -Hour Homebuyer Education Classes, Pre -Purchase Counseling, and Foreclosure Prevention Counseling Services. Scope of Work At a minimum, the Subrecipient must perform the following services at no cost to persons/households: 1. Pre -Purchase Counseling Services. Subrecipient will conduct the following activities and be provided with the following funding opportunity in relation to its services: • Conduct intake and make assessment of client's mortgage readiness status. • Create a budget and discuss debt management. • Draft an action plan with a path to homeownership. • Discuss funding opportunities for down payment and closing cost assistance, which includes the City's "Purchase Assistance Program". • When a Pre -Purchase Counseling participant successfully purchases a home in the City of Clearwater, the City shall provide $250.00 in program funding to Subrecipient per home purchase upon submittal of the following documentation to the City: • The Original Intake Form; ■ The Original Action Plan, showing verified total gross income; • The Closing Disclosure; and • Copy of the Mortgage. 2. 8 -Hour Homebuver Education Class. Subrecipient will include the following subjects in every class: • Are You Ready to Buy a Home? -- assessing your financial outlook, setting financial vision, making a financial action plan. • Managing Your Money — budgeting and saving. • Understanding Credit — learning about credit related to homeownership, protecting credit, and knowing your rights. • Obtaining a Mortgage — how to qualify, understanding the variety of products, access- ing assistance, and working through the process with a lender. 19 • Shopping for a Home — analyzing the neighborhoods and housing options, working with an agent, making an offer and working through the closing process. • Protecting Your Investment — managing your home and your money after your pur- chase, understanding refinancing, and avoiding foreclosure. 3. Foreclosure Prevention Counselinz Services. Subrecipient will conduct the following activities in relation to its services: • Conduct an assessment of the client's current situation, review of all documentation. • Develop an action plan with steps to prevent the loss of client's home. • Engage in ongoing interactions with client and mortgage holder to ensure that all required paperwork is submitted for a positive outcome. 20