AGREEMENT FUNDED UNDER CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AGREEMENT FUNDED UNDER
THE CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
THIS AGREEMENT is entered into as of the
1st
day of October, 1991, by
the CITY OF CLEARWATER, Florida, a political subdivision of the State of Florida,
hereinafter referred to as the "CITY", and YWCA OF TAMPA BAY
as further
identified in Appendix A, hereinafter referred to as the "PSA". This Agreement
consists of this document and the Appendices attached hereto.
WHEREAS, the City has agreed with the United states Department of Housing
and Urban Development to conduct a Community Development program, hereinafter
referred to as the "Program", with federal financial assistance under Title I of
the Housing and Community Development Act of 1974, as amended, hereinafter called
the "Act", and
WHEREAS, the City of Clearwater Planning & Development Department,
hereinafter called the "Department", will act in behalf of the City in conducting
'..:..,
the Program, and
WHEREAS, the PSA provides a program as identified in Appendix A of benefit
to low and moderate income residents within the City of Clearwater and proposes
to perform the work and car~y out the specific services as identified in Appendix
A, hereinafter referred to as the "Project", and desires federal financial
assistance through the City to effect this proposal, and
WHEREAS, the City finds the project to be meritorious and in fulfillment
of the purposes of the Act;
THEREFORE, the parties agree as follows:
1. The PSA shall, in a satisfactory and proper manner as determined by the
Department, conduct the Project outlined in Appendix A.
2. The term of this Agreement shall commence on October 1, 1991, and
terminate on September 30, 1992, unless earlier cancelled as provided herein.
The Agreement may be extended for up to one additional year upon the request of
the PSA and the written authorization of the City Community Development Manager.
The need and merit shall be at the determination of the Manager. The Department
may issue written or oral instructions to clarify any other details or provisions
of this Agreement.
Such instruction must be within the intent of the project
and not be of such nature to affect cost or period of performance.
3. The City representative to PSA as regards conduct of services under
this contract shall be the Community Development Manager.
The PSA's services
shall be
carried out under the supervision of the Agent as identified in
Appendix A.
4. The PSA shall not exceed its budgeted amount and shall use the funds
in accordance with the award to be paid with Community Development Funds included
in Appendix B. Funds shall not be obligated when payment has been suspended or
terminated pursuant to paragraph 19 hereof.
Any funds which the Department
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determines were not properly exoended shall be refundecLto thp. .ci~-----c----~--
.____________-_-..:.........-_.o------_..:..----__--""_,_____-----.~---:_, .---~~- -,------- --~~.""-. -- ,'" --------~
5. The PSA shall comply with the provisions of OMB Circular A-110, and
with the provisions of OMB Circular 122, or the appropriate successors documents
of these documents.
The PSA shall permit the City to audit the PSA's financial
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RECEIVED
OCT. .~ () 19q. 1 ~ )
10- o'~s. f>' . \
PLANNING & URBA
DEVELOPMENT DEPT.
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operation including but not limited to compliance with applicable provisions of
Federal law and regulations. All PSA financial records relating to the Project
are subject to review by the city.
6. All subcontractors under this Agreement shall be approved by the City.
7. All purchases of consumable materials, capital equipment and services
shall be in conformity with the Procurement Standards set forth in OMB Circular
A-110, Attachment O. Accountability for project property and equipment shall be
in accordance with the requirements therein set forth.
a. The City agrees to make payment of budgeted costs on a reimbursement
basis. Requests for payment shall be as specified in Attachment B. No advance
payments shall be made to the PSA.
All costs and invoices for requests for
payment shall be supported by properly executed payrolls, time records, invoices,
contracts, or vouchers, or other official documentation evidencing in proper
detail the nature and propriety of the charges. All checks payrolls, invoices,
contracts, vouchers, orders or other accounting documents pertaining in whole or
in part to the Agreement shall be clearly identified and readily accessible. The
final request for reimbursement hereunder shall be submitted within 30 days after
completion of all services to be performed by the PSA and the City shall not be
responsible for payment of any charges, claims or demands hereunder not received
within said thirty day period.
9. The PSA shall upon the expiration of this Agreement transfer to the
City any CDSG funds on hand and any accounts receivable attributable to the use
of CDSG funds. Program income funds are excluded from this provision as provided
below.
Program income funds shall be retained by the PSA so long as the activities
that will be undertaken with the program income are the specific activities that
meet the provisions of this Agreement. These funds shall be adjusted by the City
according to the principles described in paragraphs (b) (2) (i) and (ii) of Section
570.504 of the Housing and Community Development Act 1974, as amended of which
state that:
(1) Program income in the form of repayments to, or interest earned on a
revolving fund as defined in section 570.500(b) shall be substantially disbursed
from the fund before additional cash withdrawals are made from the U.S. Treasury
for the same activity.
(2) Substantially all other program income shall be disbursed for eligible
activities before additional cash withdrawals are made from the U.S. Treasury.
10. The City shall retain custody upon termination of this Agreement of
any and all property purchased with Community Development Funds. "Property" as
used in this Paragraph shall mean nonexpendable tangible property valued at $200
or more with a remaining life expectancy of one year or more.
The PSA shall
retain custody of property acquired with federal funds so long as the property
is used for the purposes described in Appendix A. When no longer useq.for such
-purp6se;t:necrt:y-sna."Irassume Cl.lstoayor tile-propeCrty ~upon~ri t tennot icetothe
PSA.
Upon purchase and receipt of property, the PSA shall submit to the
Department a Property Receiving Report. Stolen, lost or returned property shall
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be reported immediately to the Department. Thirty days prior to the end of the
grant year or immediately upon termination of this Agreement, the PSA shall
submit in a Property Report a physical inventory of all property purchased with
Community Development Funds. The report shall also contain a verification of the
existence and current use and location of the property, and, if applicable, the
continued need for the property.
No real or personal property or custody
thereof, purchased with funds provided to the PSA under this Agreement, shall be
disposed of, transferred, assigned, or loaned by the PSA without prior written
consent of the City.
11. Any real property under the PSA' s control that was acquired or
improved in whole or in part with CDBG funds in excess of $25,000 must:
(1) Be used to meet one of the national objectives in Section 570.901 of
the Hous~ng and Community Development Act of 1974 as amended until five years
after expiration of this Agreement, or for such longer period of time as
determined to be appropriate by the City* or
(2) Disposed of in a manner that results in the City being reimbursed in
the amount of the current fair market value of the property less any portion of
the value attributable to expenditures of non-CDBG funds for the acquisition of,
or improvement to, the property. (Reimbursement is not required after the period
of time specified in paragraph (b)(8)(i) of Section 570.503 of the Housing and
Community Development Act of 1974, as amended.
12. Nothing in this Agreement shall be construed to permit invasion of the
privacy of individuals who are served by the project, nor shall this Agreement
be construed to require the PSA to publish or release information to third
parties which would invade the privacy of such individuals. Information obtained
by the Department as required by this Agreement shall not be used or disclosed
in such a way as to invade individual privacy and client relationships, unless
Florida law pertaining to public records requires public inspection of records
containing said information.
13. The PSA shall obtain prior written approval by addendum to this
Agreement for any of the following changes:
a. Substantial changes in the project work plan.
b. Changes in any budget line item.
14. The PSA agrees to fully participate in the implementation and
maintenance of an evaluation system to continually monitor the project. This
shall include, but not be limited to, periodic submission of data reports which
will be used by the Department for inclusion in the Annual Grantee Performance
Report, periodic monitoring visits by the Department for conformance with this
Agreement, and continuing assessments of performance hereunder. PSA agrees to
comply with evaluation and information requirements of the Department. A final
report shall be submitted by the PSA within 30 days after the end of the contract
term.
This final report shall consolidate reporting of all project part~~ipants.
-- -- ~----~-~--- - -~---,:'---------"-- --,-
15.
PSA shall establish and maintain on an accrual basis an accounting
system in accordance with the Standards of Grantee Financial Management System
as set forth in OMB Circular A-II0 or the appropriate successor document and in
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accordance with generally accepted accounting principals and standards where
these principals and standards are not in conflict with A-110 or its successor.
PSA agrees to modify or correct said systems in accordance with the City's
requirements.
16. PSA shall maintain such records and accounts as are deemed necessary by
the City to assure a proper accounting for all project funds. All such records shall
be available for audit, inspection or copying purposes at any time during normal
business hours and as often as the City, HUD, or representatives of the Comptroller
General of the United states, or other federal agency, may deem reasonably necessary.
Such records shall be retained for such period as required by applicable laws and
regulations and may thereafter be destroyed only with the prior written approval of
the City.
Such records shall include financial records, audits, supporting
document~, statistical reports and client files.
PSA will comply with such
additional requirements as to maintenance of records as the City may request in
writing. In the event the PSA cannot continue to be responsible for maintenance of
the records, then the City shall be so notified in order to take custody of the
records. The City may, at any time, on written notice to the PSA, take custody of
any and all records established under this Agreement.
17. The PSA shall hold and save the City, its officers, agents, and employees
harmless from liability of any nature or kind, including costs and expenses, for or
on account of any suits or damages of any character whatsoever resulting from
injuries or damages sustained by any persons or property resulting in whole orin
part from the negligent performance or omission of the PSA or any employee, agent
or representative of the PSA.
18. The PSA shall not assign this Agreement or any interest of the PSA in this
Agreement without the prior written consent of the City.
19. The City may suspend, withhold, or terminate payment of the project, in
whole or in part, for cause or convenience. Cause shall included the following:
a. Use of funds that does not follow project guidelines.
b. Failure to comply with any term or condition hereunder.
c. Refusal to accept conditions imposed by HUD.
d. Refusal to accept conditions imposed by the City.
e. Submittal of reports which are incorrect or incomplete in any material
respect.
f. If carrying out this Agreement is rendered impossible or
infeasible for any reason including changes in law or the
unavailability of HUD funds necessary for continuation.
g. Convenience shall be according to the regulations in 24 CFR 85.43 and
85.44.
If the City suspends payment, it shall advise the PSA and specify in writing the
reason for suspension of payment, the actions that must be taken as a condition
precedent to the resumption of payment, and a reasonable date for compliance.
20. Both parties will use their best efforts to ensure that services under
this Agreement are provided so as to best meet the needs of residents with priority
__~o___~h_ose res~~en~_s_~~o _r=-~~de_!n"~~~= _:o~unity D=,,~!_()p~en:_~rg_e~_~~~Cl~-=-_,~ The_ PS~_
shall make every effort to assure that a minimum of 70% of those persons receiving
services hereunder are low and moderate income.
21. No person with responsibilities in the operation of the project will
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discriminate with respect to any project participant because of race, color, national
origin, or sex. No participant shall be excluded from participation in, be denied
of, or be subjected to discrimination under any program of activity funded in whole
or in part with Community Development Funds because of race, color, national origin
or sex, as set forth in CFR 570.601.
22. The PSA will establish safeguards to prohibit employees from using their
positions for a purpose that is or gives the appearance of being motivated by a
desire for private gain for themselves or others, particularly those with whom they
have family, business or other identifiable ties. Prior to requesting any continued
project funding beyond the term covered by this Agreement or for a new public
services not covered by this Agreement, the PSA shall attempt to secure other local,
state or federal funding and/or private funding for such project. The PSA shall not
as a result of receiving funding for the Project reduce its support for other similar
services already being provided by the PSA in the area of its operation, and will
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affirmatively seek additional assistance and support from other sources for
increasing services where needs demand such increase. The PSA will not use these
funds for publicity or propaganda purposes designed to support or defeat legislation
pending before federal, state or local governments.
23. The PSA shall comply with the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the HUD regulations is.sued pursuant
thereto.
24. The PSA will comply with Equal Employment Opportunities Executive Order
11246, as amended.
25.
The PSA
will comply with applicable federal law and regulations,
including but not limited to:
National Environmental Policy Act of 1969;
Flood Disaster Protection Act of 1973;
HUD Implementation of the Lead-Based Paint Poisoning Prevention Act;
Clean Air Act;
Historic Preservation Requirements of P.L. 89-656
Archeological and Historic Preservation Act of 1974;
Executive Order 11593;
Architectural Barriers Act of 1968;
Hatch Act;
Federal Water Pollution Control Act;
Federal Labor Standards provisions and the Davis-Bacon Act;
The Civil Rights Act of 1964;
National Flood Insurance Program;
all as amended from time to time and in effect during the term this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
YWCA OF TAMPA BAY
"j.
BY~'
~ President
/q~o/9/
Date
ATTEST:
~f~
Sec ~y
/0-/(,-'1/
Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
By
~li
ATTEST:
Approved as to form & correctness:
-.'"-.cynthia GQJJdeau
-".
..;.. :: Ci-ty .Clej::~..
{ { / rtJ1 !. -
I Date.
~~
City Attorney
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Agency: YWCA of Tampa Bav
Year: 1991 - 1992
APPENDIX A
Identification of Aqencv and specific Services to be Provided
AGENCY
Name:
Young Women's Christian Association of Tampa Bay.
Legal classification:
A non-profit corporation organized and existing under
the laws of the state of Florida.
Principal, Office:
655 Second Avenue South, st. Petersburg, FL 33701
Mailing Address:
211 S. Lincoln, Clearwater, FL 34616
.'Fir'-';.
Agent:
Peggy Sanchez, Executive Director
813-896-4629
PROGRAM OF AGENCY
YWCA of Tampa Bay - Kings Kids Program is an after school tutoring and homework
assistance program for both low income children in permanent homes and homeless
children ages 5 - 12. To provide these services to homeless children, part time
instru~tors travel to various shelters to offer the services to keep the youths
interested in school, and to keep their educational skills at an acceptable
level. The children served are residents of nearby emergency housing, thus
insuring that a majority of Clearwater residents will be served.
SPECIFIC SERVICES TO BE PROVIDED UNDER THIS AGREEMENT
1) Funds will be provided to YWCA of Tampa Bay Kings Kids Program to pay a
portion of the operational support for the program which will provide tutoring
and homework assistance services to about 20-25 homeless children at anyone
time. It is anticipated that about 348 different children will be served during
the year. The children served will be from the RCS Spouse Abuse Shelter and the
Center Against Spouse Abuse.
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SCHEDULE
I. YWCA of Tampa Bay - Kings Kids Program
General Statements
A. Programs shall begin operation no later than November 1, 1991, or
one month after the full execution of this Agreement.
B. Funds for this project shall be expended by September 30, 1992.
Any request for an extension will have to be approved by the
Community Development Manager.
C. Monthly activity reports shall be forwarded to the City by the
Agency on a monthly basis and shall reflect program activity from
the previous month. These reports shall be forwarded to the City
no later than the 15th of the month. Reports shall be forwarded
for the entire term of the agreement which covers October 1, 1991,
through September 30, 1992.
D. Special Data requests will be responded to within 15 calendar days,
subject to the request being of reasonable limited scope.
E.
Records will
reimbursement
process.
periodically
accuracy and
be
as
viewed by
part of
the City
the yearly
to verify
monitoring
F.
Payment will be in accordance with the payment schedule identified
in Appendix C.
G.
At no time shall payments be forwarded to the agency by the City if
the agency has not satisfactorily completed the tasks identified in
this agreement.
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Agency: YWCA of Tampa Bav
Year:1991 - 1992
APPENDIX B
proiect Award
Funds of up to $2,400. will be provided to the YWCA of Tampa Bay for a portion
of the administrative support for the operation of the Kings Kids Program which
provides after school tutoring and homework assistance to homeless children.
BUDGET
YWCA OF TAMPA BAY - KINGS KIDS
October 1, 1991 - September 30, 1992
CDBG
UNITED WAY
YWCA
TOTAL
Salaries
Teacher
-.,<-
$2,400.
$41,084.
-0-
$43,484.
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APPENDIX C
METHOD OF PAYMENT
All payments shall be on a reimbursement basis only.
All requests for reimbursement for salaries shall be supported by a copy of the
checks paid to employees and other documentation as requested. Payroll and other
support documentation must be kept by the agency in an appropriate file.
All requests for reimbursement for purchases shall be supported by a copy of the
invoices and a copy of the check paid to the supplier. Other support
documentation shall be kept by the agency in an appropriate file.
All requests for reimbursement for construction
a copy of the check paid to the contractor and
payment affidavit, whichever is appropriate.
related projects and other source documentation
an appr:opriate file. " ".,
projects shall be supported by
a copy of a progress or final
Payroll data for Davis Bacon
shall be kept by the agency in
All requests for reimbursement shall be certified by the agency's designee that
they are accurate and within the guidelines of the agreement.
All requests for reimbursement shall be forwarded to the City of Clearwater
Planning and Development Department, P.O. Box 4748, Clearwater, Florida 34618.
Any program income shall be submitted to the CITY through the DEPARTMENT at least
quarterly. Fees collected, if any, shall be reported but are not to be construed
as program income.
Requests for reimbursement shall not be reduced by any program income received.
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APPENDIX D
Confirmation of Prior Receipt
Other Program Requirements
community Development Block Grant Program
I certify that I have received the following Federal statutes and circulars which
govern expenditure of Federal funds under the Community Development Block Grant
Program. I certify that activities taken under this grant will be consistent
with the Federal regulations enumerated below. If necessary, I will request
additional copies from the Clearwater Planning and Development Department.
Materials received under this certification are:
Section 570.600 - 570.702, 24CFR;
Section 3, Housing and Urban Development Act of 1968, as set forth in
24CFR;
Executive Order 11246 (Equal opportunity Clause and Standard Federal
Equal Employment Opportunity Contract Specifications);
OMB Circular A-110;
OMB Circular A-122;
24CFR85, Administrative Requirements for Grants and Cooperative
Agreements to State, Local and Federally Recognized Indian Tribal
Governments;
Section 85.40 - 85.50, 24CFR;
OMB Circular A-87
Section 44, 24CFR
~
Witness
for the Subrecipient
(/~~G
-,
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Date
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