FIRST AMENDMENT TO PROGRAM YEAR 2024-2025 SUBRECIPIENT AGREEMENT - SHIPFIRST AMENDMENT TO PROGRAM YEAR 2024-2025 SUBRECIPIENT AGREEMENT BY
AND BETWEEN CITY OF CLEARWATER AND (SUBRECIPIENT)
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 CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC., a Florida
non-profit corporation, with a mailing address of 608 North Garden Avenue, 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 SHIP Funds provided under the Agreement to remove the limit on the number of
Subrecipient's clients that can be served among other minor changes.
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:
I . Recitals. The recitals 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.
IN WITNESS WHEREOF, the Parties have executed this First Amendment on this
day of Q &.& - 2025.
1
(CITY OF CLEARWATER SIGNATURE PAGE)
Approve as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney 7 1 ( S
Date: �/ �
2
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
nifPoirrier
Ci Manager
Date: OA, -S;
Attest:
AS
,-, 0
Rosemarie Call
City Clerk
Date: g,
S/ .)-D a1 c
(SUBRECIPIENT SIGNATURE PAGE)
STATE OF FLORIDA
COUNTY OF PINELLAS
THE FOREGOING AGREEMENT was ack
❑ online notarization, this day of
as—Pk4 c.tll U.0 of t 1A.1 -A
roduced
CLEARWATER NEIGHBORHOOD HOUSING
SERVICES, INC.
a Florida non-profit corporation.
By:
Title: rr ts.i .4
Name: Efrain Cornier
Date: �1n'I.L� 2) 202
rmwledged before me by means of physical presence or
JunL , 2025, by(=fm'n 0(nicr
. He/She is personally known to me or ❑ has
as identification.
NogrydState of Florida
Toddmaw t,eclair
My Commission NM S1055
4/1/2028
3
Notary Public, State Florida
Name of Notary: )tea Lech, i
My Commission Expires: y- /Tot
My Commission No.: qt./ sIO 5%
EXHIBIT A — THE AMENDED SHIP AGREEMENT
PROGRAM YEAR 2024-2025
SUBRECIPIENT AGREEMENT BY AND BETWEEN
CITY OF CLEARWATER AND
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC.
d/b/a Tampa Bay Neighborhood Housing Services
THIS SUBRECIPIENT AGREEMENT (this "Agreement") is made on this - day
of 2025, by and between THE CITY OF CLEARWATER, a Florida
municipal corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758 (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").
WHEREAS, the City is the recipient of the State Housing Initiatives Partnership ("SHIP")
Program funds. 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 has met all prerequisites for participation in the SHIP Program; and
WHEREAS, the State of Florida authorized and directed the City to utilize funds
distributed under the SHIP Program for eligible housing activities and projects; and
WHEREAS, the City desires to use a portion of said grant for the improvement of the
social and economic welfare of its citizens through the provision of affordable housing to low to
moderate -income persons, and
WHEREAS, the Clearwater City Council (the "City Council") through Resolution
Number 24-08 has approved the City's Local Housing Assistance Plan ("LHAP") under the SHIP
Program for FY 2024 through FY 2027 by which said goals shall be implemented; and
WHEREAS, the City Council has authorized and appropriated a portion of the City's SHIP
funds for the implementation of the City's Purchase Assistance Strategy by an eligible subrecipient
as specified in the City of Clearwater's approved 2024-2027 SHIP Local Housing Assistance Plan;
and
WHEREAS, Subrecipient has applied for and been approved to administer the City's
Purchase Assistance Strategy for very low, low, and moderate -income eligible homebuyers
utilizing the SHIP Program funds; and
WHEREAS, on August 1, 2024, the City Council through approval of the FY2024/2025
Annual Action Plan authorized the City of Clearwater City Manager to execute an agreement with
Subrecipient. In conjunction with other funding sources, Subrecipient will administer the City's
Purchase Assistance Strategy; and
WHEREAS, the City will distribute SHIP funds to eligible, low-income homebuyer
clients of Subrecipient in the form of down payment, closing cost, and gap financing assistance
[GM22-1510-275/295412/1] 1
(collectively "Purchase Assistance") for the purchase of existing or newly constructed homes
within the City of Clearwater, Florida and 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, subject to availability of funds (collectively the "Project"); and
WHEREAS, the City and Subrecipient desire to carry out the housing activity specified in
this Agreement; and
WHEREAS, the regulations contained in Sections 420.907-9079, Florida Statutes and
Chapter 67-37 of the Florida Administrative Code, as now in effect and as may be amended from
time to time govern this Agreement;
NOW THEREFORE, the City and Subrecipient hereby execute this Agreement to
undertake the Project.
FUTHERMORE, the City and Subrecipient agree as follows:
I. DEFINITIONS, PURPOSE, AND RECITALS
A. DEFINITIONS AND PURPOSE.
1. "F. A. C." means the Florida Administrative Code.
2. "FHFC" means the Florida Housing Finance Corporation.
3. "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.
4. "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).
5. "Moderate -income person" or "moderate -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.
The purpose of this Agreement is to state the covenants and conditions under which
Subrecipient will implement the Scope of Service summarized in Section II of this Agreement.
B. RECITALS. The recitals set forth above are true and correct and are incorporated herein and
made a part of this Agreement.
[GM22-1510-275/295412/1] 2
II. SCOPE OF SERVICE
A. SCOPE
Subrecipient shall qualify, approve, and coordinate loan closings for eligible homebuyers
within the city limits of the City of Clearwater, Florida.
B. MARKETING
Subrecipient shall affirmatively market the Project to eligible very low, low, and moderate -
income homebuyers. The current income limits for the Tampa St. Petersburg -Clearwater
MSA are contained in Exhibit "A". Subrecipient will provide the City with a copy of its
current Affirmative Marketing Agreement at the time this Agreement is executed.
III. TIME OF PERFORMANCE
This Agreement and all rights and duties designated hereunder shall be in effect from
October 1, 2024 until September 30, 2025. The Project shall be completed by September
30, 2025 in accordance with this Agreement unless the parties hereto agree to an extension
in writing.
IV. PROJECT FUNDING
A . DUTIES
The City hereby approves SHIP Program funding in the form of Purchase Assistance for
the Project for purchase of existing and newly constructed homes in the City of Clearwater
and additional funding for processing fees per successful closure of a Purchase Assistance
loan and subject to availability of funding. Subrecipient will serve as the primary contact
for the Project. Subrecipient will provide marketing, intake, processing, and loan closing
of Purchase Assistance loans for income eligible very low, low, and moderate -income
homebuyers who purchase homes within the city limits of the City of Clearwater, Florida.
B. HOMEBUYER INCOME QUALIFICATION, UNDERWRITING & CLOSING
GUIDELINES
Subrecipient shall determine that each household is income eligible by verifying the
household's total current combined gross annual income from all sources. All income and
assets must be verified with source documents and in writing. To be eligible for assistance,
the household's total current combined gross annual income from all sources cannot exceed
the limits set by HUD for the Tampa St. Petersburg -Clearwater, FL MSA (see Exhibit "A").
Total household income is the total current, annualized gross income, before taxes and
withholding, of the purchaser and all adult members, over the age of 18, residing or
intending to permanently reside in the dwelling. This includes a spouse, fiance, parent,
relative, adult child, etc. Subrecipient shall ensure that the purchase price paid by the low-
[GM22-1510-275/295412/1] 3
income homebuyer does not exceed Four Hundred Eighty -One Thousand One
Hundred Seventy Six Dollars and 00/100 Cents ($481,176.00)
C. REQUESTS FOR CLOSING FUNDS
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. The City will
wire Purchase Assistance funds directly to the closing agent. Subrecipient is required to
submit a full and completed file to the City for review not less than ten (10) business days
prior to closing.
D. FUNDING AMOUNT
It is expressly agreed and understood that the total amount of SHIP Program funds
allocated to Purchase Assistance services for each individual client of Subrecipient shall
not exceed Seventy -Five Thousand Dollars and 00/100 Cents ($75,000.00). Separate
from the Purchase Assistance funds, Subrecipient will be awarded One Thousand Six
Hundred Fifty Dollars and 00/100 Cents ($1,650.00) for 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
(subject to availability of funding).
In the event that pool of SHIP program funds become exhausted or the funds are placed on
hold due to unforeseeable circumstances as determined solely by the City, the City shall
provide a notice to Subrecipient within thirty (30) days of such a determination being made
and Subrecipient shall have no recourse against the City for such a determination.
E. PROGRESS REPORTS
Subrecipient shall submit progress reports to the City in the form, content, and frequency
required by the City.
V. GENERAL CONDITIONS
A. GENERAL COMPLIANCE
Subrecipient agrees to comply with all applicable requirements as outlined in Sections
420.907-9071, 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 further agrees to utilize funds available under
this Agreement exclusively for Purchase Assistance 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 hereto.
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.
[GM22-1510-275/295412/1] 4
C. 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.
D. INDEMNIFICATION
Subrecipient shall indemnify, defend, and hold the City 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 of Florida arising out of the conduct of activities under
this Agreement.
E. GRANTOR RECOGNITION
Subrecipient shall ensure recognition of the role of the grantor agency and the SHIP
Program in providing services through this contract. All publicity materials or notices
pursuant to this contract shall be prominently labeled as to funding source.
F. AMENDMENTS
The City and Subrecipient may mutually agree to amend this Agreement at any time
provided that such amendment makes specific reference to this Agreement, is executed in
writing, and signed by a duly authorized representative of both parties.
Additionally, the City may, in its sole discretion, amend this Agreement to conform with
State or local governmental laws, rules, 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.
G. 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
[GM22-1510-275/295412/1] 5
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, the City's 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.
VI. ADMINISTRATIVE REQUIREMENTS
A. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the City 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 (5) -year period, then
such records must be retained until completion of the actions and resolution of all issues,
or the expiration of the five (5) -year period, whichever occurs later.
C. DISCLOSURE
Subrecipient shall maintain records in accordance with Florida's Public Record Laws
(Chapter 119, Florida Statutes).
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.
[G M 22-1510-275/295412/1] 6
E. AUDITS & INSPECTIONS
1. Audits
In the event that Subrecipient expends a total amount of state financial assistance
equal to or in excess of One Million Dollars and 00/100 Cents ($1,000,000.00) in
any fiscal year of such Subrecipient (for fiscal years ending June 30, 2020 or
thereafter), 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. EXHIBIT "1" to this Agreement indicates state financial assistance
awarded through the City by this Agreement. In determining the state financial
assistance expended in its fiscal year, 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.
In connection with the audit requirements addressed in Exhibit "B" - Part II,
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.
If the Subrecipient expends less than One Million Dollars and 00/100 Cents
($1,000,000.00) 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 Five Hundred Thousand Dollars
and 00/100 Cents ($500,000.00) 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".
2. Inspections
Subrecipient's records with respect to any matters covered by this Agreement shall
be made available to the City and/or the FHFC at any time during normal business
hours, as often as the City of Clearwater or the FHFC deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data.
VII. 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
[GM22-1510-275/295412/1] 7
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.
VIII. 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.
IX. DRUG AND ALCOHOL POLICY
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.
X. 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.
XI. NOTICE
All notice required to be given under this Agreement shall be sufficient when delivered to
the parties at the addresses referenced in the preamble to this Agreement.
XII. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first written above.
[G M 22-1510-275/295412/1] 8
(CITY SIGNATURE PAGE)
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Jennifer Poirrier
City Ma ager
Date: UW-. S c=.1 -0 ,-C
Approved as to form: Attest:
Matthew J. Mytych, sq.
Senior Assistant CityA orney
Date:
[G M 22-1510-275/295412/1] 9
7Lithivik: eiLL
Rosemarie Call
City Clerk
Date:
Ga_e s, AOS
(SUBRECIPIENT SIGNATURE PAGE)
CLEARWATER NEIGHBORHOOD HOUSING
SERVICES, INC.
a Florida non-profit corporation.
By:
Title: Pr[,S. & Z E 5
Name: Efrain Cornier
Date: 1M0- 21 2j2�
STATE OF FLORIDA
COUNTY OF PINELLAS
THE FOREGOING AGREEMENT was acknowledged before me by means of 0 phy ical presence or
❑ online notarization, this a "a day of u�� , 2025, by r 4-ta; .• VC-)rn,r <
as -7k%) dcr r /C -S' U of C N W S . He/She is ® personally known to me or ❑ has
produced as identification.
(NOTARIAL SEAL)
Notary Public State FloridalAm
Toodd Leclair
My Commission 1414 510556
Expires 4/1/2028
[GM22-1510-275/295412/1] 10
Notary Public, Staff of Florida
Name of Notary: J prk/ Ltd/a/ I
My Commission Expires: 9-1- 207
My Commission No.: H14 S1 O Sc b
Exhibit "A"
INCOME LIMITS
April 9, 2025
Effective April 9, 2025
Household 0 to 30% AMI 30+ to 50% AMI 50+ to 80% AMI 80+ to 120% AMI
Size (Extremely Low) (Very Low) (Low) (Moderate)
1 Person
$ 21,950
$ 36,500
$ 58,450
$ 87,600
2 Persons
$ 25,050
$ 41,700
$ 66,800
$ 100,080
3 Persons
$ 28,200
$ 46,950
$ 75,150
$ 112,680
4 Persons
$ 32,150
$ 52,150
$ 83,450
$ 125,160
5 Persons
$ 37,650
$ 56,350
$ 90,150
$ 135,240
6 Persons
$ 43,150
$ 60,500
$ 96,850
$ 145,200
7 Persons
$ 48,650
$ 64,700
$ 103,500
$ 155,280
8 Persons
$ 54,150
$ 68,850
$ 110,200
$ 165,240
GROSS (UNADJUSTED) MEDIAN HOUSEHOLD INCOME - $98,400
[GM22-1510-275/295412/1] 11
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 as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 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, 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 Subrecipient is appropriate, Subrecipient agrees to comply
with any additional instructions provided by City of Clearwater staff to Subrecipient regarding
such audit. 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 Subrecipient is a state or local government, or a nonprofit organization as
defined in 2 CFR § 200.1.
1. A recipient that expends $1,000,000.00 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, 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 Subrecipient conducted by the Auditor General in accordance with the
provisions of 2 CFR §200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, Subrecipient shall fulfill the
requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A recipient that expends less than $1,000,000.00 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 Subrecipient expends less than $1,000,000.00 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).
[GM22-1510-275/295412/1] 12
PART II: STATE FUNDED
This part is applicable if Subrecipient is a non -state entity as defined by Section 215.97(2), Florida
Statutes.
1. In the event that Subrecipient expends a total amount of state financial assistance equal to or
in excess of $1,000,000.00 in any fiscal year of such Subrecipient (for fiscal years ending June
30, 2017, and thereafter), Subrecipient must have a state single or project -specific audit for
such fiscal year in accordance with Section 215.97(2), 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,
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.
2. For the audit requirements addressed in Part II, paragraph 1, 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.
3. If Subrecipient expends less than $1,000,000.00 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 Subrecipient expends
less than $1,000,000.00 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 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 Subrecipient directly to the Federal Audit Clearinghouse (FAC)
as provided in 2 CFR § 200.36 and 2 CFR § 200.512.
[GM22-1510-275/295412/1] 13
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 Subrecipient directly to each of the following:
A. The City of Clearwater at the following address:
Economic Development & Housing Department
P.O. Box 4748
Clearwater, Florida 33758
B. 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 fling an electronic copy of a
financial reporting package.
3. (The state awarding agency should use the following language, if applicable.) Copies of
reports or the management letter required by Part III of this form shall be submitted by or on
behalf of Subrecipient directly to:
The City of Clearwater at the following address:
Economic Development & Housing Department
P.O. Box 4748
Clearwater, Florida 33758
4. 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.
5. Recipients, when submitting financial reporting packages to the Department of ABC for audits
done in accordance with 2 CFR 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
Subrecipient.
PART V: RECORD RETENTION
Subrecipient shall retain sufficient records demonstrating its compliance with the terms of the
award(s) and this Agreement for a period of at least five (5) years from the date the audit report is
[G M 22-1510-275/295412/1] 14
issued, and shall allow the City of Clearwater, or its designee, the CFO, or Auditor General access
to such records upon request. 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 seven 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.
[G M22-1510-275/295412/1] 15
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.
1. Federal Program A:
List federal agency, Catalog of Federal Domestic Assistance title and number, and $
(amount).
2. Federal Program B:
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.
3. State Project A:
List state awarding agency, Catalog of State Financial Assistance title and number, and $
(amount).
4. State Project B:
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 programs. Also, to
the extent that different 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.
Note: 2 CFR § 200.513 and section 215.97(5), F.S., require that the information about federal
programs and state projects included in EXHIBIT 1 be provided to the recipient.
For questions regarding Form DFS -A2 -CL, contact your FSAA state agency liaison or the Department of
Financial Services, Bureau of Auditing, at FSAA@MyFloridaCFO.com or (850) 413-3060.
[GM22-1510-275/295412/1] 16
Exhibit "C"
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.
c1.eq i'vw►br
i.g''Ni does 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: IM Cb' .Nw�r -
Title:
SignaturT.V414
Date: Z� Zd2�
[GM22-1510-275/295412/1] 17