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FIRST AMENDMENT TO PROGRAM YEAR 2024-2025 SUBRECIPIENT AGREEMENTFIRST AMENDMENT TO PROGRAM YEAR 2024-2025 SUBRECIPIENT AGREEMENT BY AND BETWEEN CITY OF CLEARWATER AND TAMPA BAY COMMUNITY DEVELOPMENT CORPORATOIN d/b/a Suncoast Housing Connections THIS FIRST AMENDMENT TO PROGRAM YEAR 2024-2025 SUBRECIPIENT AGREEMENT BY AND BETWEEN CITY OF CLEARWATER AND SUBRECIPIENT (this "First Amendment") is made and entered into by and between the City of Clearwater, Florida, a Florida municipal corporation, with a mailing address of P.O. Box 4748, Clearwater, Florida 33758 (the "City") and Tampa Bay Community Development Corporation, a Florida non-profit corporation, with a mailing address of 2139 NE Coachman Road, Clearwater, FL 33755 ("Subrecipient") (the City and Subrecipient shall be referred to collectively as the "Parties"). WITNESSETH: WHEREAS, the Parties entered into that certain Program Year 2024-2025 Subrecipient Agreement by and Between City of Clearwater And (Insert Subrecipient Name) dated September 30, 2024 (the "Agreement"); and WHEREAS, the Parties now wish to amend the Agreement to clarify the allocation and use of the HOME Investment Partnership Funds provided under the Agreement and to comply with the requirements of 2 CFR Part 200. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the sufficiency and receipt whereof being hereby acknowledged, the Parties agree as follows: 1. Recitals. The set forth above are true and correct and are incorporated herein and made a part of this First Amendment. 2. Amendment. The Agreement is hereby amended and restated in its entirety as provided in Exhibit "A" attached hereto. 3. In the event of conflict or ambiguity between the terms and provisions of this First Amendment and the Agreement, the term and provisions of this First Amendment shall control to the extent of any such conflict or ambiguity. 4. All sections of the Agreement not expressly amended herein shall remain in full force and effect. Page 1 of 17 IN WITNESS WHEREOF, the Parties have executed this First Amendment on this A e' day of 40V -CM fel' 2024. Approve as to form: (CITY OF CLEARWATER SIGNATURE PAGE) CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. By: Poirrier City Manager Date: Attest: Matthew J. Mytych, Es Assistant City Attorney Date: 1 I,/ 5,ta Rosemarie Call City Clerk Date: ri6042.h A6.)i Page 2 of 17 (SUBRECIPIENT SIGNATURE PAGE) TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION a Florida non-profit corporation. By: Print name: Fra es Pheeny Title: Preside t / EO Date: /70,16 lr STATE OF FLORIDA ) COUNTY OF PINELLAS ) This Second Amendment was acknowledged before me by means of I/ physical presence or online notarization, this day of UVJ✓ , 2024, by Frances Pheeny as President / CEO of Tampa Bay Community Development Corporation. He/She V is personally known to me or -- has produced as identification. THERESA S. QUIROGA Notary Publk State of Florida NOTARY PUBLIC Comm.. HH538826 Print Name: 7F8 Expires 6/13/2028 My Commission Expires Page 3 of 17 Exhibit "A" The Amended HOME PROGRAM YEAR 2024-2025 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, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758 (the "City") and TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION, a Florida non-profit corporation, whose mailing address is 2139 NE Coachman Road, Clearwater, FL 33755 ("Subrecipient"). WHEREAS, the City has applied for and received HOME Investment Partnerships Program funding (hereinafter designed as "HOME Funds") from the Department of Housing and Urban Development; and WHEREAS, Subrecipient has applied for and been approved to utilize HOME Funds for home purchase assistance services; and WHEREAS, Subrecipient has evidenced the capacity to provide home purchase assistance services funded by this Agreement and is located within the city limits of the City of Clearwater, Florida; and WHEREAS, on August 1, 2024, the City of Clearwater City Council through approval of the FY2024/2025 Annual Action Plan authorized the City of Clearwater City Manager to execute an agreement with Subrecipient for Subrecipient to administer the City's purchase assistance program; and WHEREAS, the City will distribute up to Two Hundred Twenty -Five Thousand Dollars and 00/100 Cents ($225,000) in HOME Funds to up to three (3) eligible, low-income homebuyer clients of Subrecipient to be used for the purchase of existing or newly constructed homes within the city limits of the City of Clearwater, Florida (the "Project"); and WHEREAS, pursuant to the approval of the FY 2024/2025 Annual Action Plan, Subrecipient will be awarded One Thousand Six Hundred Fifty Dollars and 00/100 Cents ($1,650.00) in processing fees per successful closure of a purchase assistance loan in a total amount not to exceed Four Thousand Nine Hundred Fifty Dollars and 00/100 Cents (4,950.00) in processing fees. 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: SECTION 1: SCOPE OF SERVICES A. Subrecipient shall qualify three (3) eligible, low-income homebuyers within the city limits of the City of Clearwater, Florida. Page 4 of 17 B. Subrecipient shall affirmatively market the 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 ("HUD"), adjusted for family size, based on the total current annual household incomes. The current income levels for the City of Clearwater are contained in Exhibit "A" attached hereto. 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 2024-2025 which begins on October 1, 2024, and runs through September 30, 2025. SECTION 2: PROJECT FUNDING — PURCHASE ASSISTANCE SERVICES A. The City of Clearwater hereby approves HOME Funds for home purchase assistance services in an amount up to One Million One Hundred Twenty -Five Thousand Dollars and 00/100 Cents ($1,125,000.00) for purchase of existing and newly constructed homes in the City of Clearwater from the 2024 HOME funds allocation. As a subrecipient on behalf of the City of Clearwater, Subrecipient will provide outreach and marketing, intake, and processing of up to fifteen (15) 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 after all original documents have been received, the required documents have been recorded, and the electronic files are in order. 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 (2) 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. Subrecipient is responsible for hiring well qualified, trained staff to accomplish the above. D. The HOME funds allocated herein 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 provided to each individual eligible, low-income homebuyer shall not exceed Seventy -Five Thousand Dollars & 00/100 Cents $75,000.00) for purchase of existing and newly constructed homes from the HOME Funds. Separate from the purchase assistance funds, Subrecipient will be awarded One Thousand Six Hundred Fifty Page 5 of 17 Dollars and 00/100 Cents ($1,650.00) in processing fees per successful closure of each individual purchase assistance loan after all original documents have been received, the required documents have been recorded, and the electronic files are in order for a total amount not to exceed Twenty -Four Thousand Seven Hundred Fifty Dollars And 00/100 Cents (24,750.00) in processing fees. 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: Default Remedies. SECTION 3: AFFORDABILITY A. As required by 24 CFR § 92.254, housing acquired with purchase assistance 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 the HOME Funds invested in the Project will berequired 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 Seventy -One Thousand Dollars and 00/100 Cents ($371,000.00) for existing homes and newly constructed homes which represents the maximum purchase price permitted by HUD, which HUD may change from time to time. SECTION 4: MINIMUM HOUSING STANDARDS Existing housing that is acquired for homeownership (e.g., downpayment assistance) must be decent, safe, sanitary, and in good repair. The City of Clearwater must establish standards to determine that the housing is decent, safe, sanitary, and in good repair. At minimum, the standards must provide that the housing meets all applicable State and local housing quality standards and code requirements and the housing does not contain the specific deficiencies established by HUD based on the applicable standards in 24 CFR § 5.703 and published in the Federal Register for HOME assisted projects and units. All affordable housing purchased with the HOME Funds provided under this Agreement shall meet HUD's national standards for the condition of HUD housing as established in their National Standards for the Physical Inspection of Real Estate ("NSPIRE") process code. The City of Clearwater has contracted with a third -party vendor to perform the required inspections to ensure compliance. Any item that fails the inspection must be repaired prior to closing. A reinspection must be done to establish 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. Page 6 of 17 SECTION 5: NOTICES Communication and details concerning this Agreement shall be directed to the following persons: If to the City: City of Clearwater Attn: Economic Development & Housing Department Director P.O. Box 4748 Clearwater, FL 33758 If to Subrecipient: Tampa Bay Community Development dba Suncoast Housing Connections Attn: Frances Pheeny 2139 NE Coachman Rd Clearwater, FL 33765 The contact persons listed above may be changed upon fifteen (15) days written notice to the other party. SECTION 6: 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. SECTION 7: 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, as may be amended from time to time through the term of this Agreement 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: Default Remedies. C. Subrecipient shall adhere to the requirements of 2 CFR 200 Subpart E - Cost Principles, 24 CFR Part 84 and 24 CFR § 92.505. Page 7 of 17 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 Subrecipient's performance 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 9 and 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. 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 to 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. Page 8 of 17 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 maintain adequate records and reports to demonstrate compliance with such laws. 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 furnish, 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, HUD 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 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 activities, to promote religious interests, or for the benefit of religious organizations. 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. Page 9of17 T. Cybersecurity Internal — Pursuant to 2 CFR § 200.303, Subrecipient shall take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information. This includes information the Federal agency or the City designates as sensitive or other information Subrecipient considers sensitive and is consistent with applicable Federal, State, local and tribal laws regarding privacy and responsibility over confidentiality. U. Conflicts of Interest — Subrecipients shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer agent or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. V. Single Audit — Pursuant to 2 CFR § 200.501, if the Subrecipient expends less than $1,000,000 in Federal awards during its fiscal year a single audit is exempt. W. Whistleblower Protections — Pursuant to 2 CFR § 200.217, Subrecipient must not discharge, demote, or otherwise discriminate against its employees as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. § 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contact (including the competition for or negotiation of a contract) or grant. Subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protection at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304 and 10 U.S.C. § 4310. X. Procurement of Recovered Materials — Pursuant to 2 CFR § 200.323, to the greatest extent practical, Subrecipient shall use and purchase recycled materials. Y. Mandatory Disclosures — Pursuant to 2 CFR § 200.113, Subrecipient must promptly disclose whenever, in connection with the Federal award (including any activities or subawards thereunder), it has credible evidence of the commission of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code or a violation of the civil False Claims Act (31 U.S.C. §§ 3729-3733). The disclosure must be made in writing to the Federal agency, the agency's Office of Inspector General, and pass-through entity (if applicable). Subrecipient is also required to report matters related to recipient integrity and performance in accordance with Appendix XII of this part. Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR Part 180, 31 U.S.C. § 3321, and 41 U.S.C. § 2313.) Z. Required Certification - Pursuant to 2 CFR § 200.415, by signing this Agreement, The Subrecipient certifies that all financial information submitted to the City is complete and accurate. SECTION 8: 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; Page 10 of 17 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. SECTION 9: DEFAULT REMEDIES 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 2 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 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. Page 11 of 17 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. 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). SECTION 10: TERMINATION A. Pursuant to 2 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 2 CFR Part 200. SECTION 11: MISCELLANEOUS PROVISIONS A. The officials who execute 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. Page 12 of 17 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. SECTION 12: INDEMNITY Subrecipient agrees that it shall indemnify, defend, and save harmless the City, its officers, agents, and employees from: 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. SECTION 13: TERM OF AGREEMENT This Agreement shall be in full force and effect from October 1, 2024, through September 30, 2025. Page 13 of 17 IN WITNE S WHEREOF, the parties hereto have executed this Agreement and have set their hands and seals this Atr'day of AJOVC_Thi f , 2024. (CITY SIGNATURE PAGE) ATTEST: CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. Approved as to form: Matthew J. Mytych, E q. Senior Assistant City Attorney Date: ' Ifa57), 57), By: Jennir P6irrier City Manager Date: Attest: ake, ate - Rosemarie Call City Clerk Date:76)MObr I / .a0 f1 Page 14 of 17 (SUBRECIPIENT SIGNATURE PAGE) TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION a Florida norm a- s • ation. By: w x,1 Title: President/CEO Print Name: Frances Pheeny Date: STATE OF FLORIDA COUNTY OF PINELLAS aoldew THE FOREGOING AG EMENT was acknowledged before me by means of physical presence Dor online notarization, this day of 44) v , 2024, by Frances Pheeny as President/CEO of Tampa Bay Community Development Corporation. He/She Eris personally known to me Dor has produced —TPEREM g, QJIROGA as identification. Notary Public State of Florida Comm# HH538826 Expires 6/13/2028 NOTARY PUBLIC Print Name: My Commission Expires: Page 15 of 17 EXHIBIT "A" Home Income Limits Effective June 1, 2024 Page 16 of 17 HOME Income Limits Effective June 1. 2024 0 to 30+ to 50+ to 60+ to Household} 30% AMI 50% AMI 60% AMI 80% AMI Size ' (Extremely Lowl (Yew Low) (Low LIHTC) 'Low) 1 Person S 20.100 $ 33.450 $ 40.140 $ 53,500 2 Persons S 22.950 S 38,200 $ 45 840 $ 61,150 3 Persons S 25.800 S 43,000 S 51.600 S 68,800 4 Persons S 28.650 S 47,750 S 57.300 S 76.400 5 Persons S 30,950 $ 51,600 $ 61.920 $ 82,550 6 Persons $ 33.250 $ 55.400 S 66,480 S 88,650 7 Persons S 35,550 $ 59,250 $ 71.100 S 94,750 8 Persons S 37.850 $ 63.050 S 75.660 S 100.850 Median Family Income iMFI) Rounded - 592 Page 16 of 17 Exhibit "B" NO COERCION FOR LABOR OR SERVICES ATTESTATION Pursuant to Section 787.06(13), F.S., this form must be completed by an officer or representative of a nongovernmental entity when a contract is executed, renewed, or extended between the nongovernmental entity and a governmental entity. Top',[�C94, y P%;(�,pioes not use coercion for labor or services as defined in this Section 787.06, F.S. Under.^penalty of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and correct. Printed Name: Frances Pheeny Title: President/ c Signature: Date: // 0A26,a7 y Page 17 of 17