AGREEMENT FUNDED UNDER THIS CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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AGREEMENT FUNDED UNDER
THE CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
THIS AGREEMENT is entered into as of the 1st day of October, 1990, by
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the CITY OF CLEARWATER~ 'Florida, a political subdivision of the state of Florida,
hereinafter referred tp as the RCITYR, and GATEWAY CHILDREN'S SHELTER, INC., 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 Housin~ 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 carry 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, 1990, and
terminate on September 30, 1991, 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, ~nds shall not be obligated when payment has been suspended or
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terminated pursuant to paragraph 19 hereof,
Any funds which the Department
determines were not properly expended shall be refunded to the City.
5. The PSA shall comply with the provisions of OMS Circular A-lID,
provided in Appendix G, and with the provisions of OMS Circular 122, provided in
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Appendix H, or the appropriate successors documents of these documents.
The PSA
shall permit the City to audit the PSA's financial 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 OMS Circular
A-II0, Attachment o. Accountability for project property and equipment shall be
in accordance with the requirements therein set forth.
8. 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 wi;thin 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 CDBG funds on hand and any accounts receivable attributable to the use
of CDBG 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 5200
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 used for such
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purpose, the City shall assume custody of the property upon written notice to the
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 ret>ort shall also contain a verification of the
existence and current used and location of the property, and, ~f 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 Housing 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.
l2. 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 participants.
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
accordance with generally accepted accounting principals and standards where
these principals and standards are not in conflict with A-lI0 or its successor.
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PSA agrees to modify or correct said systems in accordance with the city's
requirements.
16. PSA shall maintain such repords 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
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the City.
Such records shall include financial records, audits, supporting
documents, 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 or in
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 acc~pt 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 ~est efforts to ensure that services under
this Agreement are provided so as to best meet the needs of residents with priority
to those residents who reside in the Community Development target areas.
The PSA
shall make every effort to assure that a minimum of two-thirds of those persons
receiving services hereunder are low and moderate income.
21. No person with responsibilities in the operation of the project will
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
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or in part with Community Development Funds because of race, color, national origin
or sex, as set forth in other Program Requirements in Appendix D, (CFR S70.601).
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
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 issued pursuant
thereto, attached hereto as Appendix E.
24. The PSA will comply with Equal Employment Opportunities Executive Order
11246, as amended, attached hereto as Appendix F.
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.
GATEWAY CHILDREN'S SHELTER, INC.
B
ATTEST:
~'cu\..c~ l(), ~c(~
Secretary
Countersigned:
CITY OF CLEARWATER, FLORIDA
By
oner
ATTEST:
Approved as to form & correctness:
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, C") _: ~::: ,- " .' .
A~2:. ,.-. ._
'-, C~nthia GOU~.9'iiU
City.C~_~rk'
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