PROGRAM YEAR 2023-2024 SUBRECIPIENT AGREEMENTPROGRAM YEAR 2023-2024
SUBRECIPIENT AGREEMENT BY AND BETWEEN THE CITY OF CLEARWATER,
FLORIDA AND THE CLEARWATER HOUSING AUTHORITY
This Subrecipient Agreement for HOME Tenant -Based Rental Assistance (this "Agreement") is
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 (the "City") and THE
CLEARWATER HOUSING AUTHORITY, a public housing authority created pursuant to Part 1 of
Chapter 421, Florida Statutes, with a principal office at 28050 U.S Highway 19, Suite 103, Clearwater,
Florida 33761 ("Subrecipient" and collectively with the City the "Parties").
WHEREAS, the City has applied for and received HOME Investment Partnership Program funding
(hereafter designated as HOME funds) from the Department of Housing and Urban Development ("HUD")
under Title II of the Cranston -Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.0
§ 12741 et seq., (the "Act") and 24 CFR Part 92; and
WHEREAS, the purpose of the HOME Program is to increase the supply of decent, safe, sanitary,
and affordable housing for very low-income and low-income households; and
WHEREAS, among the eligible uses of HOME funds is the provision of Tenant Based Rental
Assistance ("TBRA"); and
WHEREAS, the City has determined it will use HOME funds to partner with Subrecipient in the
operation of a TBRA program to assist eligible low- and very low-income families to pay eligible housing
costs (the "Program"); and
WHEREAS, the City has identified Clearwater Housing Authority as an eligible "Subrecipient" (as
such term is defined in 24 CFR § 92.2) capable of administering the Program on behalf of the City; and
WHEREAS, on July 21, 2022 the City authorized the use of HOME funds to fund TBRA for the
purpose of establishing and operating the Program.
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements and covenants
set forth herein, the City and Subrecipient do agree, for themselves and for their respective successors and
assigns, as follows:
SECTION 1: GENERAL PROGRAM DESCRIPTION; ROLES & RESPONSIBILITIES
A. Program Description:
As further described herein, Subrecipient will assist Housing Choice Voucher ("HCV") Participants, within
the City of Clearwater with TBRA by providing security deposit assistance that does not exceed the
maximum amount equivalent of two (2) months' rent for each unit. The Program will provide security
deposit assistance to eligible very low- and low-income individuals or families ("TBRA Recipients"). Units
occupied by TBRA Recipients must be located within the City of Clearwater and comply with the
Program's property standards as defined in TBRA Program Guidelines attached hereto as Exhibit "A" and
as may be amended at the City's sole discretion from time to time. Subrecipient will execute a HOME
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Rental Assistance Contract ("Rental Assistance Contract") jointly with each TBRA Recipient and the owner
of each TBRA Recipient's unit.
B. City of Clearwater Roles & Responsibilities
The City is responsible to HUD for the ensuring compliance with all applicable federal requirements,
including the HOME requirements outlined in 24 CFR Part 92, including but not limited to the following
responsibilities:
1. Program Design
Furnishing Subrecipient with the Program Guidelines and any other Program requirements, including
any future changes to HOME regulations or HOME Program guidance issued by HUD;
2. Environmental Review
Completing any necessary environmental reviews and/or determinations pursuant to 24 CFR § 92.352
and 24 CFR Part 58; Tenant -based rental assistance is Categorically Excluded and not subject to 12
CFR § 58.5;
3. IDIS Setup, Drawdown, and Completion
Entering project setup, drawdown, and completion information along with associated reporting in
HUD's Integrated Disbursement and Information System ("IDIS"); and
4. Subrecipient Monitoring
Completing remote and on-site monitoring reviews of Subrecipient's implementation of the Program.
C. Subrecipient Roles & Responsibilities
Subrecipient is responsible for the routine operation and implementation of the Program, including
interaction with applicants to the Program, TBRA Recipients, and participating property owners. In all
cases, Subrecipient will implement the program in compliance with the City's Program Guidelines and all
applicable federal requirements. In no case will Subrecipient be considered the "responsible entity" for
environmental reviews required under 24 CFR Part 58. In its role, Subrecipient will be responsible for the
following:
1. Marketing
Market and advertise the Program pursuant to the City's affirmative marketing plan, in accordance with
the requirements in 24 CFR § 92.351, including the requirements to (i) identify those portions of the
population of the City that are least likely to apply, (ii) establish specific marketing actions (e.g.
advertising in specialty publications, native languages, etc.) intended to reach such populations, and
(iii) maintain records of the results of such activities;
2. Application Intake
Develop needed application materials and establish and implement an application process in accordance
with the City's Program Guidelines;
3. Screening
Review individual applications, including income determinations, in accordance with the City's
Program Guidelines and the HOME requirements in 24 CFR Part 92, to establish applicants' eligibility
for the Program and notify applicants of their status;
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4. Program Orientation
Provide individual orientations to TBRA Recipients and participating property owners explaining the
Program requirements;
S. Inspections
In accordance with the City's Program Guidelines, Subrecipient will inspect units to ensure that such
units meet the Program's property standards, including but not limited to conducting visual assessments
of potential lead-based paint hazards in any properties constructed prior to 1978 in accordance with 24
CFR Part 35;
6. Program Policies
Apply the City's Program Guidelines, including any updates thereto provided by the City pursuant to
the notice provisions in Section 5.B of this Agreement, ensuring that individual TBRA awards meet all
HOME and Program requirements; and
7. Management of TBRA Recipient and Property Owner
During the term of a Rental Assistance Contract with a TBRA Recipient and property owner, address
questions, concerns, and disputes between TBRA Recipients and property owners, provide
clarifications of Program Guidelines, federal, and HOME requirements, and otherwise work with
TBRA Recipients and property owners to ensure effective and compliant delivery of assistance.
SECTION 2: USE AND DISBURSEMENT OF HOME FUNDS
A. HOME Award
As part of this Agreement, the City is providing up to Three Hundred Twenty -One Thousand Four Hundred
Dollars and OW100 Cents ($321,400.00) in HOME funding for project expenses (i.e. direct costs of assisting
TBRA Recipients) and allowable administrative expenses which must not exceed ten percent (10%) of total
project expenses to Subrecipient. HOME funding shall be used to provide security deposit assistance to
TBRA Recipients entering new units, in accordance with federal requirements, the provisions of this
Agreement, and the City's Program Guidelines.
B. Commitment Period
The Commitment Period of this Agreement shall begin upon the date of execution of this Agreement by
the Parties, which must include the dated signatures of each party. The term for which Subrecipient may
accept applications and process project -specific commitments shall expire on the earlier of two (2) years
from the date of execution of this Agreement or when the HOME funds are fully expended (the "Term").
The recordkeeping and reporting requirements of Sections 3.N and 3.N.5 respectively, shall remain in effect
upon expiration of this Agreement in accordance with the terms of those sections.
C. Anticipated Production
The City and Subrecipient anticipate approximately seventy-six (76) eligible households will receive
assistance under this Agreement.
D. Project Completion Deadlines
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Subrecipient must provide the City with all necessary project information (i.e. specific TBRA Recipient
information) for entry into IDIS within sixty (60) days of the last payment made under any Rental
Assistance Contract.
E. Program Income
The City and Subrecipient acknowledge and agree that the design of the Program does not anticipate the
receipt of"Program Income", as defined in 24 CFR § 92.2, by Subrecipient. Notwithstanding, in the event
that any Program Income is received by Subrecipient, said Program Income shall be retained for other
eligible TBRA activities.
F. Rental Assistance Contracts with TBRA Recipients and Property Owners
Using a template provided by the City, Subrecipient must execute Rental Assistance Contracts with all
TBRA Recipients and the owners or authorized lessors of their units prior to the provision of any TBRA
assistance under the Program.
G. Disbursement of Funds
Subrecipient must remit reimbursement requests or, in the case where no reimbursement is due, a report
explaining inactivity, at least quarterly and may request payments no more than once per month from the
City. In all cases, Subrecipient is prohibited from requesting HOME funds from the City until such funds
are needed to pay HOME -eligible costs.
1. Reimbursement Basis
The City will provide HOME funds to Subrecipient for Program costs on a reimbursement basis only;
2. Project Delivery Costs
To request reimbursement of allowable expenses, Subrecipient shall submit copies of the executed
Rental Assistance Contracts, records demonstrating payment by Subrecipient (e.g., copies of checks),
and costs of inspecting the housing and determining the income eligibility of the family;
3. Administrative Costs
Administrative costs of the Program are eligible only under general management oversight and
coordination pursuant to 24 CFR § 92.207(a). Requests for payment of eligible administrative costs
must be supported by time -sheet documentation for any costs associated with Subrecipient staff,
invoices for any third -party costs, and/or other similar documentation. Any travel expenses charged
(e.g., mileage, per diems, etc.) must be consistent with the travel requirements listed in 2 CFR §
200.474; and
4. Final Payment
Subrecipient shall submit a final payment request no later than sixty (60) days following the end of the
Term of this Agreement, consistent with Section 2.D. of this Agreement.
SECTION3: ADMINISTRATIVE AND PROGRAM REQUIREMENTS
A. Applicability of Uniform Administrative Requirements
In performing under this Agreement, the requirements of 2 CFR Part 200 shall apply to Subrecipient, except
for the following provisions: § 200.306, § 200.307, § 200.311 (except as provided in 24 CFR § 92.257), §
200.312, § 200.329, § 200.333, and § 200.334. The provisions of 2 CFR § 200.305 apply as modified by
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24 CFR § Part 92. If there is a conflict between definitions in 2 CFR Part 200 and 24 CFR Part 92, the
definitions in 24 CFR Part 92 shall govern. While not intended to be an exhaustive list, Subrecipient
acknowledges that the requirements of 2 CFR Part 200 include, inter alia, compliance with:
1. Procurement
Standards and procedures consistent with 2 CFR § 200.318 through § 200.326 relating to the
procurement of property or services with HOME funds;
2. Audit
The requirement under 2 CFR § 200.501 that Subrecipient must obtain a single- or program -specific
audit if, during any given Subrecipient fiscal year, Subrecipient expends more than $750,000.00 in
federal funds; and
3. Cost Principles
The cost principles included in 2 CFR Part 200 Subpart F, including that any costs charged to HOME
project funding be supported by adequate documentation, allocable to the program, necessary, and
reasonable.
B. Administrative Funding
Within the funding limit provided in Section 2.A., Subrecipient may use HOME funds for administrative
expenses associated with operating the Program. Eligible administrative costs include costs associated with
activities described in the general management oversight and coordination requirements at 24 CFR §
92.207(a) to the extent that such activities are allowable under this Agreement. These include, but may not
be limited to, costs associated with coordinating and overseeing the Program; advertising and promoting
the Program, including affirmatively marketing the Program pursuant to the requirements of 24 CFR §
92.351; maintaining appropriate Program records, including financial records, and submitting progress,
financial, and other reports to the City; taking applications, conducting intake interviews, and otherwise
processing applications that do not proceed; and conducting required unit inspections.
1. Treatment of Income Determination and Inspection Costs
Pursuant to 24 CFR § 92.209(a), Subrecipient may also use HOME project funding for its project -specific
soft costs associated with assisting tenants with completing property inspections for units. The City will
reimburse the Subrecipient for inspections, however, the cost of inspections cannot exceed One Thousand
Dollars and 00/100 Cents ($1,000.00) per unit.
C. Reversion of Assets
Upon receipt of the final payment by the City under this Agreement and after payment by Subrecipient of
any final eligible costs under this Agreement, Subrecipient must transfer to the City any remaining HOME
funds on hand and any accounts receivable attributable to the use of HOME funds to the City.
D. Compliance with Other Federal Requirements
Subrecipient must comply with all applicable federal requirements, including those listed in 24 CFR Part
92, Subpart H and 24 CFR Part 5, Subpart A, and the nondiscrimination requirements of Section 282 of the
Act, as amended. This includes, but is not limited to, compliance with:
1. Equal Opportunity and Fair Housing
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In accordance with 24 CFR § 92.350 and § 92.351, no person shall on the ground of race, color, religion,
sex, disability, familial status, national origin, or age be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any Program activity funded in whole or in part
from HOME funds. In addition, Subrecipient shall operate the Program in accordance with the
requirements contained in 24 CFR § 5.105, including but not limited to the following requirements:
a) The requirements of the Fair Housing Act (42 U.S.C. 3601-19) and implementing
regulations at 24 CFR Part 100;
b) The prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing Regulations at
24 CFR Part 146;
c) The requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations at 24 CFR Part 8;
d) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u)
and implementing regulations at 24 CFR Part 135; and
e) The requirements of 24 CFR § 5.105(a)(2) requiring that HUD -assisted housing
be made available without regard to actual or perceived sexual orientation, gender
identity, or marital status and prohibiting subrecipients, owners, developers, or
their agents from inquiring about the sexual orientation or gender identity of an
applicant for, or occupant of, HUD -assisted housing for the purpose of determining
eligibility for the housing or otherwise making such housing available.
E. Lobbying Disclosure Requirements
In accordance with the requirements of 24 CFR Part 87, Subrecipient certifies, to the best of its knowledge
and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
2. [f any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of Congress in connection with
this federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
and
3. Subrecipient acknowledges that this certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this certification
is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31,
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U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not Tess than $10,000.00 and not more than $100,000.00 for each such failure.
F. Drug -Free Workplace
Subrecipient shall comply with the drug-free workplace requirements of 2 CFR Part 2429.
G. Debarred or Suspended Entities
By signing this Agreement, Subrecipient certifies that it is not presently listed by any federal agency as
debarred, suspended, or proposed for debarment from any federal contract activity. If during the term of
this Agreement this information changes, Subrecipient shall notify City without delay. Such notice shall
contain all relevant particulars of any debarment, suspension, or proposed debarment. Further, in carrying
out its responsibilities hereunder, Subrecipient will not employ, contract with, or otherwise make use of
subcontractors, service providers, consultants, or any other party that is debarred, suspended, or proposed
for debarment from any federal contract activity.
11. Environmental Review
Tenant -based rental assistance is Categorically Excluded not Subject to ("CENST") 24 CFR § 58.5 pursuant
to 24 CFR § 58.35(b)(1) when the assistance is provided without any associated repairs, rehabilitation, new
construction, or other activities with physical impacts. As of the date of execution of this Agreement the
City completed the environmental review process for the Program and determined that the activities
included are CENST 24 CFR § 58.5. None of the requirements in 24 CFR 58.6 apply to the Program,
therefore no further action is necessary under the applicable requirements of 24 CFR Part 58, and the
activity may proceed.
I. Lead Based Paint
Subrecipient will ensure that all assisted units in properties which were originally constructed prior to 1978
pass a visual assessment pursuant to the requirements of 24 CFR Part 35.
J. Conflict of Interest
Pursuant to 24 CFR § 92.356, no employee, agent, consultant, officer, or elected official or appointed
official of the City or Subrecipient, individually known as a "Covered Person," that exercises or has
exercised any functions or responsibilities with respect to HOME -assisted activities, or who are in a position
to participate in a decision-making process or gain inside information with regard to HOME -assisted
activities, is eligible to receive HOME assistance under the Program or to have a financial interest or
financial benefit in any contract, subcontract, or other agreement with respect to the HOME -funded
activities contemplated in this Agreement, or the proceeds from such activities. This provision shall apply
to both Covered Persons and those with whom they have business or immediate family ties, during their
tenure with the City or Subrecipient or for one year thereafter. Immediate family ties include (whether by
blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild),
brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in-laws of a Covered
Person. In the event a Covered Person, or a person with whom the Covered Person has business or family
ties, is otherwise eligible and applies to the Program, Subrecipient will immediately notify the City. City,
in its sole discretion, may pursue an exception from HUD under the provisions of 24 CFR § 92.356(d) to
allow participation notwithstanding the conflict of interest. Only HUD may grant such an exception; neither
the City nor the Subrecipient may grant such an exception on its own. Moreover, the City and Subrecipient
shall comply with the conflict-of-interest requirements in 2 CFR § 200.317 and 2 CFR § 200.318 in the
procurement of property and services.
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K. Consultant Activities
Subrecipient will comply with the reasonable rate of compensation requirements in accordance with 24
CFR § 92.358.
L. Faith -based organizations
Faith -based organizations are eligible to participate in the HOME program on the same basis as any other
organization but must comply with the requirements of 24 CFR § 5.109.
M. VAWA Regulations
The City and Subrecipient both acknowledge and agree that each are subject to the requirements of 24 CFR
§ 92.359 and 24 CFR Part 5, Subpart L, which implements provisions of the Violence Against Women
Reauthorization Act of 2013 (VAWA). Subrecipient also agrees to follow and implement the applicable
VAWA requirements contained in the City's Program Guidelines, as required by 24 CFR § 92.359(g), for
all applicants to the Program, and all TBRA Recipients for the period that Tenant Based Rental Assistance
is provided. Moreover, Subrecipient agrees that all leases that are approved by Subrecipient shall contain
the City's required VAWA lease term/addendum, as described in 24 CFR § 92.359(e) and the City's
Program Guidelines.
N. Recordkeeping
Subrecipient shall maintain detailed records of all its activities under this Agreement, including records on
all persons served pursuant to this Agreement, and all required Program records applicable to TBRA that
are described in 24 CFR § 92.508. Representatives of the City, HUD (including HUD's Office of Inspector
General), the Comptroller General of the United States (a.k.a. the U.S. Government Accountability Office
or "GAO"), or their designees may examine any records or information accumulated pursuant to this
Agreement. All confidential information shall be treated as such by all aforementioned City, HUD, or GAO
representatives or designees. Subrecipient will maintain administrative and financial records as required
by 24 CFR § 92.508, applicable to the activities to be carried out under this Agreement, including but not
necessarily limited to:
1. General Administrative and Financial Records
a) Information about contractors, vendors, and other service providers to include, but not
necessarily be limited to, verification of non -debarment and suspension, verification of
qualifications and experience, legally binding contracts and agreements, invoices and
payment records, and related correspondence (see 24 CFR Part 24 and 2 CFR Part 2424);
b) Financial information including, but not necessarily limited to, audits and related
correspondence, accounting and financial records, indirect cost analyses, and internal
controls and reconciliations;
c) Financial records identifying the source and use of funds for each person assisted under
the Program pursuant to this Agreement, as well as well as underlying documentation
(e.g. timesheet records, invoices/receipts, proof of payment, etc.) for all costs charged to
HOME; and
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d) Records demonstrating compliance with the Uniform Administrative Requirements of 2
CFR Part 200, as applicable.
2. TBRA Recipient Records
TBRA Recipient records in accordance with 24 CFR § 92.508(aX3) that demonstrate that each HOME -
assisted tenant met the requirements of the HOME program including but not limited to:
a) Full descriptions of each tenant or family assisted with Program funds, including the
location (address of each unit) and the form of TBRA assistance (e.g., rental assistance,
utility assistance, etc.);
b) The source and application of funds for each TBRA Recipient, including supporting
documentation in accordance with 2 CFR § 200.302; and records to document the
eligibility and permissibility of the TBRA Recipient's costs;
c) Records, consistent with the Program Guidelines, demonstrating that each TBRA-assisted
unit meets the Program's property standards;
d) Records demonstrating that each assisted tenant or family is income eligible in accordance
with 24 CFR § 92.203. Recipient will use the Housing Choice Voucher (HCV) Program
Regulations (24 CFR Part 982) and its HCV Administrative Plan; and
e) Copies of all Rental Assistance Contracts between Subrecipient and TBRA Recipients and
their property owners.
3. Records of Other Federal Requirements
Other records that include documentation of compliance with other federal requirements in accordance
with 24 CFR § 92.508 that includes the following requirements to the extent applicable to the Program:
a) Documentation of Subrecipient's efforts to affirmatively further fair housing, including
both marketing efforts and records on the extent to which each racial and ethnic group and
single -headed households (by gender of household head) applied for, participated in, or
benefited from the Program;
b) Records concerning lead-based paint in accordance with 24 CFR Part 35;
c) Records related to compliance with the VAWA provisions of 24 CFR § 92.359, including
but not limited to evidence proper notices were provided to applicants and TBRA
Recipients and summaries of requests for VAWA protections and actions taken; and
d) Records supporting any requests for exceptions to the conflict-of-interest provisions in
accordance with 24 CFR § 92.356.
4. Records Retention
All Program records shall be maintained by Subrecipient for a minimum of five (5) years beyond
the final payment under this Agreement. Notwithstanding, if there are litigation, claims, audits,
negotiations or other actions that involve any of the records cited and that have commenced before
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the expiration of the retention periods outlined, such records must be retained until completion of
the actions and resolution of all issues, or the expiration of the retention period, whichever occurs
later.
5. Reporting Requirements
Subrecipient agrees to submit any and all reports required by the City or HUD within thirty (30)
days of the City or HUD's request. Subrecipient will provide updates on Program implementation
to the City on a monthly basis. Using forms provided by the City, such reports may be submitted
either in hard -copy or electronically and will include information on the marketing and startup of
the Program, number of applications received, challenges or concerns about implementation, and
estimates of the timing of upcoming commitments and expenditures of HOME funds.
The City reserves the right to unilaterally alter, supplement, or otherwise modify the frequency,
content, or form of delivery of required reports as needed to maintain adequate oversight of the
Program, address changes to HOME regulations, or to address findings related to noncompliance
by the Subrecipient.
SECTION 4: DEFAULT, REMEDIES, AND TERMINATION
A. Default
The following are considered a default by Subrecipient under this Agreement:
1. Subrecipient fails, in any manner, to fully perform and carry out any of the terms,
covenants, and conditions of this Agreement;
2. Subrecipient refuses or fails to proceed with the work and tasks contemplated in this
Agreement in accordance with such diligence as will ensure their completion within the
time fixed by the schedule set forth in this Agreement;
3. Material noncompliance with any applicable HOME regulatory requirements in 24 CFR
Part 92 or any other applicable federal requirements; or any applicable State or local
law, regulation, ordinance, policy, or requirement related to the Program; and
4. Dissolution or other termination of existence; insolvency; forfeiture of right to do
business in the State of Florida or business failure; appointment of a receiver of any part
of Subrecipient's property; the calling of any meetings of, or the assignment for the
benefit of, creditors of Subrecipient; or the commencement of any proceedings under
any bankruptcy or insolvency laws by or against Subrecipient which are not dismissed
within sixty (60) days.
B. Remedies
In the event of default by Subrecipient hereunder, which is not cured within ten (10) days of the delivery
of written notice by the City as described in Section 5.B., the City may seek any combination of the
following remedies:
1. Suspend payments under this Agreement pending the correction of a default or
deficiency;
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2. Disallow part or all of any of the Program or cost hereunder which is not in compliance
with this Agreement, the Program Guidelines, applicable federal requirements, or
HOME regulations;
3. Suspend, in whole or part, this Agreement pending correction; or, following any cure
period provided by the city, terminate this Agreement for cause as provided in 2 CFR §
200.339;
4. Recommend to HUD that it initiate suspension or debarment proceedings as authorized
under 2 CFR Part 180;
5. Take any other action available under 2 CFR § 200.338;
6. Require the repayment of previously disbursed HOME funds for questioned costs;
7. Require Subrecipient to participate in training or technical assistance; or
8. Make use of any other remedies that may be available at law or at equity to the City.
C. Termination for Convenience
In addition to any termination for cause provided herein, this Agreement may be terminated for convenience
by the City or Subrecipient upon ten (10) days written notice. In the event of termination under this section,
Subrecipient shall suspend the collection of applications and execution of additional Rental Assistance
Contracts following receipt of such notice. Subrecipient shall further provide final reporting and a final
request for reimbursement within sixty (60) days of any termination under this section. Subrecipient will
have no claim of payment or claim of benefit for any cancelled activities undertaken under this Agreement
and shall not be entitled to, and hereby waives, all claims for lost profits and all other damages and expenses.
SECTION 5: ADDITIONAL PROVISIONS
A. Fees to TBRA Recipients Prohibited
Subrecipient is prohibited from charging application or other fees for the purpose of covering costs of
administering the Program.
B. Notice
Except in the case of a notice of default, which must be delivered via mail or delivery service, the City may
issue written notices as required or anticipated herein to Subrecipient via email, facsimile, mail, delivery
service, or in person as may be appropriate. Notices delivered via electronic means or in person will be
deemed delivered on the same day. Notices delivered via mail or delivery service shall be deemed delivered
three (3) days after being placed in the United States mail or with a delivery service, postage pre -paid,
addressed to the Subrecipient as follows:
Clearwater Housing Authority
U.S. HIGHWAY 19 N.
Clearwater, Florida 33761
Attention:
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Notices due the city shall be in writing and may be delivered via email, facsimile, mail, delivery service, or
in person as may be appropriate. Notwithstanding, a notice of default to the City must be delivered via
certified mail with return receipt requested and shall be deemed delivered upon signature of a City
representative. Notices to the City should be addressed as follows:
City of Clearwater — Economic Development & Housing Department
P 0 Box 4748
Clearwater, Florida 33758
C. City Liability
The City shall have no liability except as specifically provided in this Agreement. The City, by execution
of this Agreement, assumes no liability for damages caused to persons or property by reason of Subrecipient
providing goods or services herein or for injury to any employee, agent or subcontractor of Subrecipient
performing under this Agreement.
D. Indemnification
To the extent allowed by law, Subrecipient shall indemnify, defend, and save and hold City, and its
successors or assigns, harmless from and against any gross negligent claims, liabilities, losses and causes
of action which may arise out of Subrecipient's activities under this Agreement, including all other grossly
negligent acts or omissions to act on the part of Subrecipient, including any person acting for or on its
behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against
all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the
investigation thereof,provided, however, that Subrecipient's liability is subject to the monetary limitations
and defenses imposed by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver
of sovereign immunity by Subrecipient nor shall anything herein be construed as consent by Subrecipient
to be sued by any third party for any cause or matter arising out of or related to this Agreement except to
the extent provided by Section 768.28, Florida Statutes. Subrecipient's indemnity shall not expire with the
expiration or termination of this agreement but will continue indefinitely.
E. Insurance
Throughout the term of this Agreement, Subrecipient must maintain and provide to the City a Certificate
of Insurance for general liability ($1,000,000.00 per occurrence and $2,000,000.00 aggregate), automobile
liability insurance ($1,000,000.00 per accident and $1,000,000.00 aggregate), The City must be listed as a
Certificate Holder and as an additional insured party on each of the required insurance policies and be given
at least thirty (30) days' notice prior to expiration. Subrecipient must also maintain workers compensation
coverage in an amount specified by state law.
F. Independence of Subrecipient
Nothing in this Agreement shall be deemed or construed to represent that Subrecipient, or any of
Subrecipient's employees or agents, are the agents, representatives, or employees of the City. Subrecipient
acknowledges that it is an independent contractor in its performance under this Agreement. Anything in
this Agreement that provides the City with the right to direct Subrecipient in its performance of its
obligations under this Agreement is solely for purposes of compliance with local, state, and federal
regulations.
G. Assignment
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CLEARWATER HOUSING AUTHORITY — HOME TBRA
This Agreement is binding upon the City and Subrecipient, and their respective successors and assigns.
Subrecipient shall not assign or transfer its interest in this Agreement without the prior written approval of
City which shall be in the City's sole and exclusive discretion.
H. Amendments
This Agreement may be modified or amended only if the amendment is made in writing and is signed by
both the Parties. Notwithstanding, in the event that (i) HUD imposes new or modified requirements in the
HOME Program through regulation, administrative notice, publication, or other notice, or (ii) HUD
specifically identifies violations of HOME program requirements pertaining to this Agreement or the
Program undertaken hereunder, Subrecipient agrees to comply with any new or modified requirements to
ensure this Agreement and the activities hereunder remain in or are brought into compliance with such
requirements. The City shall provide prompt notice to Subrecipient of any such modifications.
Subrecipient further agrees to execute an amendment to modify the terms of this Agreement in such manner
as necessary to formally reflect and implement new HOME requirements or correct identified deficiencies.
L Interpretation
This Agreement is the sole agreement between the Parties, and no prior or subsequent discussions,
negotiations, or agreements, whether verbally or in writing, shall be merged with this Agreement. Any
question or dispute regarding the interpretation of the terms of this Agreement shall be decided by the City.
The City's decision on any dispute under this Agreement, which shall be furnished in a manner of their
choosing, shall be final and binding. In the event of a conflict between this Agreement, the Program
Guidelines, and/or other regulatory requirements, the regulatory requirements shall control, and the City
reserves the right to resolve the conflict and determine Subrecipient's compliance with such provisions. In
the event of conflict solely between this Agreement and the Program Guidelines, this Agreement shall
control.
J. Applicable Law
This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. In
the event of legal action resulting from a dispute hereunder, the Parties agree that the State and federal
courts of the State of Florida shall have jurisdiction and that the proper forum for such action shall be in
Pinellas County, Florida.
K. Headings & Pronouns
The headings in this Agreement are for convenience only and do not affect the meanings or interpretation
of the contents. Where appropriate, all personal pronouns used herein, whether used in the masculine,
feminine, or neutral gender, shall include all other genders, and singular nouns used herein shall include
the plural and vice versa.
L. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining
provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement
is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then
such provision shall be deemed to be written, construed, and enforced as so limited.
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CLEARWATER HOUSING AUTHORITY — HOME TBRA
IN WITNESS WHEREOF, the parties hereto have executed these presents and have set their
hands and seals this J/ 'day of re-SYi I , 2024.
(CITY OF CLEARWATER SIGNATURE PAGE)
Approved as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
Date:
a/L6 2,4
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
P srrrier
City Manager
Date: v/�il �d1OA41
Attest:
Retx. 011-e
Rosemarie Call
City Clerk
Date: ��� �aty
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CLEARWATER HOUSING AUTHORITY — HOME TBRA
(SJ'BRECIPIENT SIGNATURE PAGE)
STATE OF FLORIDA
COUNTY OF PINELLAS
THE FOREGOING AGREEMENT,
❑ online notarization, this r `;
as
Clearwater Housing Authority. a public housing authority
created pursuant to Part 1 of Chapter 421, Florida Statutes.
By:
Title Chief Executive Officer
Print Name:
Jacqueline Rivera
Date: `�
was acknowledged before me by means of physical preyInce or
��
day of �` �i`t t � . 2024, by ��t i k rut i t 1 i
L . He/She is Vp4sonally known to me orfl has produced
as idq'fit fication.
,ll
NOTARY PUBLIC
IMI( cla nor) '
My Commission Expires: "3/ % 81)190b? 11
&. PATRICIA A. HERNANOEZ
• Comnidon i HH 41®QS2
Ve Evros August 18, 2027
Print Name:
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