CONDUCTING HOUSING AND COMMUNITY DEVELOPMENT PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE
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AGREEMENT
TIllS AGREEMENT is entered into this 1st day of October, 1999, 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, 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 fmancial 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 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 Statue 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 City of Clearwater on August 5, 1999, the necessity for providing bousing for
runaway youths; 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 a way program 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 kitchen in the run a way shelther for children. The shelter
provides an array of effective prevention, intervention, advocacy and treatment services for youth
through crisis shelters, youth development programs, counseling, and case management.
SECTION IT:
CONDmON OF SERVICE
The Provider hereby agrees to the following:
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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 fmancial 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-110, "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 fmal 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.
7. Attachment 0, "Procurement Standards" .
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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 Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the benefits
of the program on the ground of race, color, national origin or sex.
1. 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.
J. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross income
directly generated from the use of CDBG funds. 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.
K. 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.
L. 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.
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.
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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.
M. 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.
N. The Provider agrees that when sponsoring a project financed 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:
FUNDED BY THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT
PARTNERSHIP PROGRAM, AND STATE HOUSING INCENTIVE PROGRAM
In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS, AND
STATE HOUSING INCENTIVE PROGRAM FUNDS ADMINISTERED BY THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT" shall appear in the same size
letters or type as the name of the Provider.
O. 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.
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P. 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
mcome.
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
has been received, have been met. These also include special requirements such as necessary and
appropriate determinations, income certifications, written agreements with beneficiaries, where
applicable.
Q. 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.
SECTION ill:
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, 1999, and shall continue through September 30, 2000.
SECTION IV:
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:
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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 V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to 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 VI:
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 THIRTY THREE THOUSAND FIVE HUNDRED TWENTY
FNE DOLLARS ($33,525) the run a way center.
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
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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 VTI:
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 fmancial 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 VIII:
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 judgements which may issue thereon.
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'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 IX:
REPORTING AND EVALUATION REOUIREMENTS
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 andrreporting, 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:
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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 fmal report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City's Housing Division for review and approval. The contents of same shall include a
cumulative total of the data submitted during the program'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".
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 X:
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-lID 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 XI: 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.
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SECTION XII:
ADDffiONAL CONDITIONS AND cOl\fPENSATION
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
all of the parties hereto shall be released from further liability each to the other under the ,terms of this
Agreement.
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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.
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Date
ATIEST:
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Date
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Brian Aungst
Mayor-Commissioner
crr OF CLEARWATER, FLORIDA
By
Mic el J. Roberto
City Manager
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Date
Approved as to form & legal
sufficiency:
ATTEST:
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Cyn Goudea,l:l ::: '. .".. '~,'
City rk ~':'. .', '.'
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[Assistant] or [lBtePim]
City Attorney
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