HOME & SHIP PROGRAM TO OPERATE RUN-AWAY SHELTER
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AGREEMENT
THIS AGREEMENT is entered into this 1st day of October, 2001, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and the FAMILY RESOURCES, INC., hereinafter
referred to as the "Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended,
hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and Urban
Development for the purpose of conducting the HOME Investment Partnership Program (HOME) with federal
assistance under Title II (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National Affordable Housing Act
of 1990, as amended; and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of
conducting the State Housing Incentive Plan Program (SHIP) with State of Florida assistance under the William
E. Sadowski Housing Act (Florida Statute 420, Rule 91-37) which was signed into law on July 7, 1992; and
WHEREAS, the City has determined through its Consolidated Plan of Objectives and Projected Use of
Funds, which was adopted by the City of Clearwater on August 2, 2001 the necessity for providing operational
support for a youth program; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
The Provider agrees to operate a run-away shelter for children in accordance with the projected
accomplishments attached and made a fully binding part of this Agreement, as Appendix 1, as follows:
Funds will be provided to renovate a run-away shelter at an undisclosed location. The renovation will
include interior and exterior painting and the installation of a security system. The facility provides
temporary housing, counseling, case management and other continuum of care services.
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SECTION II:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income persons living primarily in Clearwater.
B. The Provider shall maintain in its file the documentation on which basis it determines that the project
benefits low and moderate income persons, minorities and residents of Clearwater. Such records shall
include, but not be limited to profiles identifying financial classification, head of household, ethnicity,
race and gender, or area benefit data, as required.
C. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited to
the following:
1 Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of resolutions to complaints.
D. The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No. A-llO, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreement.
1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance.
2. Attachment E, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time.
4. Attachment F, "Standards for Financial Management Systems" .
5. Attachment H, "Monitoring and Reporting Program Performance", paragraph 2.
6. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases in
which personal property is sold, the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
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7. Attachment 0, "Procurement Standards" .
E. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
F. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U.S. Department of Housing and Urban Development and/or the State of Florida. Further, it
is expressly understood that in the event no funds are released from the U. S. Department of Housing
and Urban Development and/or the State of Florida in connection with this Program, then the City is not
liable for any claims under this contract.
H. The Operating Agency hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of Section 504 of the
Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the
Americans with Disabilities Act of 1990 (PL 101-336), and all state and local laws requiring physical
and program accessibility to people with disabilities, and agrees to defend, hold harmless and
indemnify the City from and against any and all liability for any noncompliance on the part of the
Operating Agency.
(1) Notification by HUD to the City that said project is ineligible because of project location,
services provided, or any other reason cited by HUD;
(2) Notification by HUD to the City that said project is deficient and that continued support of
the project is not providing an adequate level of services to low income and minority people;
or
(3) Written notification from HUD to the City that the program funds made available to the City
are being curtailed, withdrawn, or otherwise restricted.
(4) Fails to file required reports or meet project progress or completion deadlines;
(5) Materially fails to comply with any provision of this Agreement (which may result in
suspension or termination in accordance with 24 CRF 85.43 or OMB Circular A-llO,
Attachment L);
(6) Expends funds under this Agreement for ineligible activities, services or items;
(7) Implements the project prior to notification from the City that the federal environmental
review process has been completed;
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(8) Violates Labor Standards requirements; or
(9) Fails to comply with written notice from the City of substandard performance under the
terms of this Agreement.
I. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the benefits
of the program on the groundof race, color, national origin or sex.
J. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affirmative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
K. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income" and meet the
definition of program income defmed in 24 CFR 570.500 which generally states that program income is
gross income received by the recipient or a subrecipient directly generated from the use of CDBG funds.
All program income generated through the use of Community Development Block Grant, HOME
Investment Partnership Program, and State Housing Incentive Partnership programs shall be returned to
the City within 45 days after receipt by the subrecipient. In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accomplishments and budget
descriptions attached to this Agreement.
L. The Provider shall transfer to the City any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds. All real property acquired or improved in
whole or in part with CDBG funds in excess of $25,000 shall be
(1) used to meet one of the national objectives in Section 570.208 until five years after expiration of
the agreement, or fro such longer period of time as determined to be appropriate by the City; or
(2) if not used as stated above, the provider shall pay to City an amount equal to the current market
value of the property less any portion of the value attributable to expenditures on non-CDBG
funds for the acquisition of or improvement to, the property. The payment shall be considered
program mcom.
M. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if applicable.
N. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of
religion.
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2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore
any religious facility which is owned by the Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute, in
dollar terms, only a minor portion of the CDBG expenditure for the public services.
O. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG, HOME and/or
SHIP funds on hand at the time of expiration and any accounts receivable attributable to the use of
CDBG, HOME and/or SHIP funds. The following restrictions and limitations apply to any real
property under the Provider's control, which was acquired or improved in whole or in part with CDBG
funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of time
as determined appropriate by the City after expiration of the Agreement.
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required.
P. The Provider agrees that when sponsoring a project fmanced in whole or in part under this Agreement,
all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shall
include the statement:
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FUNDED BY THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT
PARTNERSmp PROGRAM, AND STATE HOUSING INCENTIVE PROGRAM
In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSmp PROGRAM FUNDS, AND
STATE HOUSING INCENTIVE PROGRAM FUNDS ADMINISTERED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT" shall appear in the same size letters or type as the name of
the Provider.
Q. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
R. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures of
funds provided directly or indirectly by this Agreement, including matching funds and program
Income.
2. Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG related
charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
have been received, have been met. These also include special requirements such as necessary
and appropriate determinations, income certifications, and written agreements with beneficiaries,
where applicable.
S. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit fmdings involving these records are resolved. The City shall be informed in
writing after close-out of this Agreement, of the address where the records are to be kept.
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SECTION III.
OTHER CONTRACTUAL PROVISIONS
A. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the provider and all subcontractors engaged in contracts in excess of $2,000
for the construction, completion, rehabilitation, or repair of any building or work financed in whole
or in part with assistance provided under this Agreement are subject to the federal labor standards
provisions which govern the payment of wages and the ratio of apprentices and trainees to journey
workers. Under the terms of the Davis-Bacon Act, as amended, the provider is required to pay all
laborers and mechanics employed on construction work wages at rates not less than those prevailing
on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime
compensation in accordance with and subject to the provisions of the contract Work Hours and Safety
Standards Act (40 USC 327-332), and the provider shall comply with all regulations issued pursuant
to these Acts and with other applicable Federal laws and regulations pertaining to labor standards,
including the Copeland" Anti-Kickback" Act. Provided, that if wage rates are higher than those
required under the regulations are imposed by State or local laws, nothing hereunder is intended to
relieve the provider of its obligation, if any, to require payment of the higher rates.
B. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL 93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an area
identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance in accordance with the requirements of Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts Which
Exceed $100,000
The provider shall comply with and require each subcontractor to comply with all applicable
standards of the Clean Air Act of 1970 (42 USC 1857 et seq.) as amended, the Clean Air Act of
1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the
regulations of the Envirorunental Protection Agency with respect thereto, at 40 CFR Part 15, as
amended from time to time.
D. Provision of the Hatch Act
Neither the provider program nor the funds provided therefore, nor the personnel employed in the
administration of the program shall be in any way or to any extent engaged in the conduct of political
activities in contravention of Chapter 15 of Title 5, United States Code.
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E. Lead-Based Paint
Any grants or loans made by the provider for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions for the elimination
of lead-based paint hazards under 24 CFR Part 35. Operating Agency will comply with the
requirements of 24 CFR 570.608 for notification, inspection, testing, and abatement procedures
concerning lead-based paint. Such regulations require that all owners, prospective owners, and
tenants of properties constructed prior to 1978 be properly notified that such properties may contain
lead-based paint Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment, and precautions that should be taken when dealing with lead-based paint
pOlsonmg.
F. Special Assessments
Provider shall not attempt to recover any capital costs of public improvements assisted in whole or in
part with funds provided under Section 106 of the Act or with amounts resulting from a guarantee
under Section 108 of the Act by assessing any amount against properties owned and occupied by
persons of low and moderate income, including any fee charged or assessment made as condition of
obtaining access to such public improvements, unless (1) funds received under Section 106 of the Act
are used to pay the proportion of such fee or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title 1 of the Act, or (2) for
purposes of assessing any amount against properties owned and occupied by persons of moderate
income, the grantee certifies to the Secretary of HUD that lacks sufficient funds received under
Section 106 of the Act to comply with the requirements of subparagraph (1).
G. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and
Businesses
Provider shall comply with the "City of Clearwater, Housing Division, Community Development
Block Grant Program Plan for Minimizing the Displacement of Persons As a Result of Community
Development Block Grant Funded Activities" and "City of Clearwater, Housing Division,
Community Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." Provider shall conduct any acquisition, rehabilitation, or demolition of real
property, and any negotiations for acquisition, rehabilitation or demolition of real property in
compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, Section 104(d) of the Act, and the implementing regulations at 49CFR 24 and 24
CFR 570.606. Unless specifically permitted, the provider shall not cause either temporary or
permanent involuntary displacement of persons or businesses. If the provider causes the involuntary
temporary or permanent displacement of any person or business as a result of Community
Development Block Grant activities, it shall comply with the City's "Plan to Assist Persons Actually
Displaced by Community Development Block Grant Activities," and Operating Agency shall provide
all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
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Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. The
Provider hereby agrees to defend, to pay, and to indemnify the City from and against, any and all
claims and liabilities for relocation benefits or the provision of replacement dwelling units required by
federal statutes and regulations in connection with activities undertaken pursuant to this Agreement.
H. Lobbing Restrictions
Provider certifies that, to the best of its knowledge and belief:
No Federal Appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing 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 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;
If 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, it will complete and submit Standard
Form-LLL, "Disclosure Form tq Report Lobbying," in accordance with its instructions; and
It will require that the language of this paragraph L be included in the award documents for all sub-
awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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, United States Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
SECTION IV:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U. S. Department of
Housing and Urban Development and/or the State of Florida and being duly executed by both parties,
whichever is later.
This project shall become operational as of October 1, 2001, and shall continue through September 30, 2002.
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SECTION V:
TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of such
intent to terminate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the termination conditions. A written notification shall be required and shall include the following:
reason for the termination, the effective date, and in the case of a partial termination, the actual portion
to be terminated. However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete in any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City, such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable date
for compliance, which shall be no more than fifteen (15) days from notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for termination of
this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply in
writing, appealing the termination prior to final action being taken by the City.
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D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development and/or the State of Florida, this Agreement
will terminate effective as of the time that it is determined such funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are
not allowable unless the City expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired normally at the end of
the Agreement in which the termination takes effect.
F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City I S
determination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION VI:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced in writing and duly signed by both parties. Any changes which do not substantially change the scope of
the project and/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
SECTION VII:
METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall be reserved in the amount of EIGHTEEN THOUSAND SEVEN HUNDRED THIRTY FOUR
DOLLARS ($18,734) to renovate a run-away shelter.
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The funds must be expended in accordance with the terms and conditions of the Agreement. Funds set aside for
this agency may increase or decrease, subject to production performance. Production will be reviewed quarterly
and will be based upon the goals the Provider established in their program implementation schedule. Any
remaining balance of funds shall revert to the City or other approved provider(s). Such compensation shall be
paid in accordance with the projected accomplishments and budget descriptions attached hereto and made a part
hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on an as needed
basis in accordance with the Budget and Project Implementation Schedule attached hereto and made a
part hereof as Appendix 1. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (15 %) of each line item without prior written approval of the
City. All changes amounting to more than fifteen percent (15 %) require prior written approval.
SECTION VIII:
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Operating Agency agrees as follows:
(1) The Operating Agency shall not discriminate against any employee or applicant for employment
because of race, color creed, religion, sex age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by applicable law.
The Operating Agency shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex
age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training including apprenticeship. The Operating Agency agrees
to post in conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(2) The Operating Agency will, in all solicitations or advertisements for employees placed by or on
behalf of the operating Agency, state that all qualified applicants will receive consideration for
employment without regard to race, color creed religion, sex age, handicap, disability, sexual
orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable
law.
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(3) The Operating Agency will send to each labor union or representative of workers with which is
has a collective bargaining agreement or other contract of understanding, a notice to be provided
advising the said labor union or workers; representatives of the Operating Agency's commitments
under this section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Operating Agency will comply\ with all provisions of Executive Order 11246, Equal
Employment opportunity, of September 24, 1965, as amended by Executive Orders 11373 and
12086, copies of which are on file and available at the City and of the rules regulations, and
relevant orders of the Secretary of Labor.
(5) The Operating Agency will furnish all information and reports required by Executive Order 11246
of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the Operating Agency's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Operating Agency may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such
other sanctions may be imposed and remedies invoked as provided in Executive order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Operating Agency will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section
204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be
binding upon each subcontractor or vendor. The Operating Agency will take such action with
respect to any subcontract or purchase order as HUD may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided, however, that in the event an
Operating Agency becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by HUD, the Operating Agency may request the United States
to enter into such litigation to protect the interests of the United States.
Equal Opportunity in Participation
A. Development Act of 1974, and in conformance with City policy and all requirements imposed by or
pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section
109, no person in the United States shall on the ground of race, color creed, religion, sex, age,
handicap, disability, sexual orientation, ancestry national origin, marital status, familial status, or any
other basis prohibited by applicable law be excluded from participation in, be denied the benefits of,
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or be subjected to discrimination under, and program or activity funded in whole or in part with
Community Development Block Grant Program funds.
B. Specific (not exclusive) Discriminatory Actions Prohibited:
The Provider may not directly or through contractual or other arrangements, on the ground of race,
color, creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age
handicap, disability, sex or any other basis prohibited by applicable law:
(1) Deny any facilities, services, financial aid, or other benefits provided under the
program or activity.
(2) Provide any facilities, services, financial aid, or other benefits which are different or
are provided in a different form from that provided to others under the program or
activity .
(3) Subject to segregated or separate treatment in any facility, or in any mater or process
related to receipt of any service or benefit under the program or activity.
(4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed
by others in connection with facilities, services, financial aid or other benefits under
the program or activity.
(5) Treat an individual differently from others in determining whether the individual
satisfies any admission, enrollment, eligibility, membership, or other requirements or
condition which the individual must meet in order to be provided any facilities,
services, or other benefit provided under the program or activity.
(6) Deny any person with the legal right to work an opportunity to participate in a program
or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents, Women-Owned Business
Enterprises, and Minority-Owned Business Enterprises
The Provider shall conform with the rules and regulations set forth under Section 3 of the Housing
and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations issued
pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible,
opportunities for training and employment be given to lower income residents of the project area, and
contracts for work in connection with the project be awarded to business concerns which are located
in, or owned in substantial part by, persons residing in the area of the project. In all solicitations for
bids, the contractor must, before signing the contract, provide a preliminary statement of the work
force, needs and plans for possible training and employment of lower income persons. When an
Operating Agency utilizes the bidding procedure to let a bid, the invitation or solicitation for bids
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shall advise prospective contractors of the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If an Operating Agency solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation or
invitation for bidders.
D. Nondiscrimination in Federally Assisted Programs
The Provider shall comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d et
seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with City policy and Title VI of the
Civil Rights Act of 1964(PL 88-352), in the sale, lease of other transfer of land acquired, leased or
improved with assistance provided under this Agreement, the deed or lease for such transfer shall
contain a covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex
handicap, disability, sexual orientation, ancestry, national origin, marital status, or familiar status, in
the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be
erected thereon. The Provider will comply with Title VIII of the Civil Rights Act of 1968 (PL 90-
284) as amended and will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing.
SECTION IX:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development Block Grant Program, HOME Investment
Partnership Program and State Housing Incentive Program funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts
of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge
of such possible conflict. The City will then render an opinion, which shall be binding on both parties.
SECTION X:
INDEMNIFICATION AND INSURANCE
The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of
action, which may arise out of the Agreement. The Provider shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend or pay to defend all suits brought against the City, when
requested, and shall pay all costs and judgments which may be issued thereon.
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Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All liability insurance coverage shall be approved by the City's Risk Management Office prior to the release of
any funds under this Agreement. Generally, the amount of coverage necessary would be at a minimum of
$300,000.
Further, in the event evidence of the required insurance is not forwarded to the Risk Management Office within
thirty (30) days after the execution of this Agreement, this Agreement may be terminated at the City I s option
and any payments then due may be permanently withheld by the City and the City will have no further
obligation under this contract or any subrecipient contract.
SECTION XI:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact
in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method for
maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also
assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made a
part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Form
2. The Financial Summary Form, which shall include the request for payment and documentation,
as applicable.
3. The Client Profile Form
B. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City's Housing and Urban Development Department for review and approval. The
contents of it shall include a cumulative total of the data submitted during the program I s operation.
Further, such report shall include statistical fmdings, which depict program efficiency; i.e., the number
of dollars spent, including non-CDBG funding sources, to render actual service to program recipients,
and an overall evaluation of the program's effectiveness, and quantitative results. The final report will
be evaluated and the Provider will be notified if additional data is necessary or that the project/activity is
considered "closed-out".
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Other Reporting Requirements may be required by the City in the event of program changes, need for
additional information or documentation and/or legislation amendments. The Provider shall be informed, in
writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by the City as sufficient cause to suspend CDBG, HOME, and SHIP payments to the Provider.
SECTION XII:
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government an
opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year.
The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB Circular A-133 or
OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the
City reserves the right to recover any disallowed costs identified in an audit after such close-out.
SECTION XIII: COMPLIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTION XIV:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for compensation originated from grants of federal Community Development Block Grant Funds, HOME
Investment Partnership Program Funds and State Housing Incentive Partnership Funds, and must be
implemented in full compliance with all of HUD' s and the State of Florida rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the fmancial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are
no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the performance of this Agreement and
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all of the parties hereto shall be released from further liability each to the other under the terms of this
Agreement.
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
FAMILY RESOURCES, INC.
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Date I
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ATTEST:
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Secretary
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Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
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William B. Horne, II
City Manager
Approved as to form:
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Attest:
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.k eyn -. . GOUdea~. :." . .' .
7J - City Clerk . . . . . _ . . . . . . . . . .
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