Loading...
SUBRECIPIENT AGREEMENT FY 2009-2010 - HOUSING POOL ACTIVITIES & EDUCATION/COUNSELING_i - 5 old v tk ? 21I J.: CITY OF CLEARWATER, FLORIDA AND TAMPA BAY COMMUNITY DEVELOPMENT CORP FY2009-2010 SUBRECIPIENT AGREEMENT (Housing Pool Activities & Education/Counseling) THIS SUBRECIPIENT AGREEMENT as entered into on this 15t day of October 2009, 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 Tampa Bay Community Development Corp., hereinafter referred to as the "Provider" or "Subrecipient", whose principal address is: 2139 N.E. Coachman Road, Clearwater, FL 33765. WITNESSETH: WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban Development (HUD) for the purpose of conducting a Housing and Comm-a ity Development Program with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called "Act" (42 U.S.C. 5301. et seq.); and the Cranston-Gonzalez National Affordable Housing Act of 1990 (42 U.S.C. 12701 et seq.); 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 Community Development Block Grant (CDBG) (24 (CFR 570) and the HOME Investment Partnership (HOME) Program (42 CFR 92) with federal. assistance under Title H of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended (42 U.S.C. 12701-12839); and WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of conducting the State Housing Initiatives Partnership (SHIP) Program with State of Florida assistance uuzder the William E. Sadowski Housing Act (Section 420.907 - 420.9079, Florida Statutes, and Rule 67-37, Florida Ach-ninistrative Code (FAQ) which was signed into law on July 7, 1992; and WHEREAS, the City has determined through its Fiscal Year 2005-2010 Consolidated Plan and FY2009-2010 Consolidated Action Plan, which was adopted on July 16, 2009, the necessity for providing affordable housing opportunities and housing education and counseling services to very-low to moderate income households residing in Clearwater; WHEREAS, the City desires to engage the Provider to render certain services in convection therewith: NOW, THEREFORE, the parties hereto agree as follows: 1 SECTION I: SCOPE OF SERVICES The Provider agrees to provide City funds for the provision of educational., down payment assistance and closing costs assistance to households who are very-low to rnoderate income in accordance with the City's "Housing Pool - Underwriting Guidelines, Polices and Procedures", as amended, all u1 accordance with the projected accomplishments attached and made a fully binding part of this Agreement, as Appendix 1, as follows: Funds will be made available to the Provider for program delivery fees to operate their Dream of Homeownership Education Workshop. The program is a free workshop that is conducted monthly, in English. The 8--hour program is designed to instruct participants on all aspects of the home buying process. Funds will be made available to the Provider for program delivery :fees to operate their Prepurchase and Post purchase Ilousing Counseling, Foreclosure Prevention/Intervention Counseling for low and moderate-income residents of the City of Clearwater. Funds will be made available to the Provider for program delivery fees and loanable funds to Process Downpayment Assistance Loans on behalf of the CitT>r of Clearwater. They will assist eligible homebuyers to purchase affordable, safe and sanitary homes throughout the City of Clearwater. Funding u7ill be made available to the Provider for program delivery fees and loan able funds to operate their Homeownership Opportunity Program. The program provides homeownership opportunities to low to moderate income families thorough the acquisition of real property and the development of housing units and the acquisition of existing units, rehabilitation and resale of the housing units. SECTION U: CONDITION OF SERVICE The Provider hereby agrees to the following: A_ The Program shall serve eligible very-low and moderate-income persons living in Clearwater. The Provider shall certify that the activities carried out with funds provided under- this Agreement will meet one or more of the CDBG program's National Objectives - 1) benefit low to moderate income persons, 2) aid in the prevention or elimination of slurp and blight, 3) meet community development needs having a particular urgency - as defined lit 4 CFR 570.208 and all applicable rules and regulations as contained in. the federal HOME Investment Partnership and State of Florida State Housing Initiatives Partnership (SHIP) programs. 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: 2 I 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 Subpart c - Post Award Requirements of 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- 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 form. 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 raider 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 tine implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (Public Law (PL) 101-336), and all state and local lams 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. Funds awarded under this Agreement may be de-obligated should any of the following occur. (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 inconne 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; 3 (5) Materially fails to comply with any provision of this Agreement (which may result in suspension. or termination in accordance with 24 CFR 85.43 or OMB Circular A-110,); (G) ;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; (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 1.09 of the Act, that no person shall be denied the benefits of the program on the ground of race, color, national origin or sex. ]. 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 defined iJ124 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 fiends. All program income generated through the use of Community Development Block Grant, -HOME Investment Partnership Program, and State Housing Initiatives 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. In addition, at the end of the prograrn year, the City may require remittance of all or part of any CDBG program income balances (including mi vestments thereof) held by the subrecipient (except those needed for- immediate cash needs, cash balances of a )-evolving loan frond, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs). L. The Provider shall transfer to the City any CDBG Rinds on hand at the time of expiation and any accounts receivable attributable to the use of CDBG Rinds, All. real property acquired or improved i11 whole or 111 part with CDBG hinds in excess of $25,000 shall be: (1) Used to meet one of the national objectives in Section 24 CFR Part 570208 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- 4 CDBG funds for the acquisition of or improvement to, the property. The payment shall be considered program income. A subrecipient receiving HOME ffil ds must transfer to the City any HOMI1 funds on hand at the time of expiration of this Agreement and any accounts receivable attributable to the use of HOME funds. A subrecipient of SHIP funds recognizes that fiends may revert to the City nil accordance with the provisions of the City's local housing assistance plan. M. 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 bas is 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 ira 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 whi.cla 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. N. 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 M. 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, 24 CFR Part 570.208 until five years or such longer period of time as determined appropriate by the City after expiration of the Agreement. Land-- banking is a prohibited activity under- the City's programs. 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 5 and appropriate determinations, income certifications, and written agreements with beneficiaries, where applicable. R. The Provider is responsible for nnaintaining and storrrg all. records pertinent to this Agreement in an orderly fashion M. a readily accessible, permanent and secured location for a period of five (5) years after- expiration of this Agreement, with the following exception: if any litigation, claim i or audit is started before the expiration date of the three year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall. be informed in writing after closeout of this Agreement, of the address where the records are to be kept. SECTION M: OTHER CONTRACTUAL PRO"SIONS 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 sl-all be Subject to the mandatory purchase of flood insurance ir1 accordance with the requirements of Section 102(a) of said Act. C. Clean Air and Federal Water Pollution Control Act (AI)plicable to Contracts and Subcontracts N'liich Exceed $10 0, 000 The pro-6der- shall comply with and require each subcontractor to comply with all applicable standards of the Clean Au- Act of 1970, (42 USC 7401 et seq.), as amended, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 32 as amended from. time to time- 7 D. Provision of the Hatch Act Neither the provider program nor the fiurds provided therefore, nor- the personnel employed in the adrxrinistration 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, USC. 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 poisoning- F. Special Assessments Provider shall not attempt to recover any capital costs of public improvements assisted in who]le or in part with funds provided under Section 106 of the Act (42 USC 5306) or with amounts resulting fi-om a guarantee under Section 108 (42 USC 5308) 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 (I)- G. Acquisition, Rehabilitation, and Demolition of Real Properly 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 der-nolitian of real. property, and any negotiations for acquisition, rehabilitation or demolition of real properly in compliance with the Unifor-rn Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 1.04(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 8 i 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, 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 fi-om 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. Lobbying 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 to Report Lobbying," in accordance with its instructions; and It will require that the language of this paragraph H be included in the award documents for all sub-awards at all tiers (Including subcontracts, sub-grants, and contracts under grants, loans anal cooperative agreements) and that all Subr-ecipients 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 31 USC 1352_ 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 1V: 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. 9 The term of this agreement shall be from October- 1, 2009 to Septernber 30, 2010- The term maybe amended if both execute a written agreement. 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- parry 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 ten7rir'lation, 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. 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 : re late; rncorrect 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 deter.mMi ed 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 (1.5) days fi-om 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. (1.5) days in which to reply in writing, appealing the termination prior to final action being taken by the City. 10 D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the fiends of the U.S. Department of Dousing and Urban Development and/or the State of Florida, this Agreement will terminate effective as of the time that it is deteiniined such funds are no longer available. E. Costs of the Provider resulting fi-orn obligations Mcurred during a. suspension or after- termination, are not allowable unless the City expressly authol-zes the:-n in the notice of suspension or terTnation or subsequently. Other costs during suspension or after teiznination 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 termixi.ation, are not in anticipation of it, and in the case of termination, are n.oncancelable, 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 terrTrination takes effect. F Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's determination if any amounts are to be repaid to the City or if additional amounts are due the Provider. SECTION V7: AMENDMENTS Any alterations, variations, modifications or waivers of this Agreement sb.all 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 waiting 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 watil the City officially, in writing, approves such expenditure by executing a written modification to the original Agreement. SECTION V[[: MEETHOD OF PAYMENT It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures incurred shall be reserved to implement the Provider's Drearn of Homeownership Education Workshops, Pre purchase and Post purchase Housing Coullselinq, Foreclosure PreventionlIntervention Counseling, Hoineownership Opportunity Program and to Process Downpayrnent Assistance Loans. It is expressly understood and agreed that the total compensation to be paid hereunder- for actual expenditures incurred shall be reserved in the City's Housing Pool. The Housing Pool may be comprised of funding from II the CDBG, HOME, and SHIP programs. There shall be no program income generated through these programs by the Subrecipient. Subrecipients may access these funds after their projects nave been approved by the City's Housing Division. Prior to approval, all Subredpieuts must forward to the City a project tuialysis on each activity they are requesting funds. Once approved by the City, a project reserve will be prepared for the Subrecipient to use on all eligible project costs. For Housing Education and Counseling, type activities, the allowable amounts that a Subrecipient can submit reimbursement are contained in "Exhibit A", as amended, of the "Undem,riting Guidelines, Polices And Procedures For Down Payment And Closing Costs Assistance - Housing Education, Counseling and Foreclosure Prevention/Counseling - Fee Schedule". HOME funds made available through this agreement are provided to the City of Clearwater by the U. S. Department of Housing and Urban Development. These funds are placed in a Housing Pool for housing development activities by local housing providers. Access to these funds will be made available on a first come, first serve, and first eligible basis. Each Subrecipient must present the City with a formpl pay request once the project reaches the payment standards identified in the project description. Funds may be advanced for the purchase of vacant properties on a case-by-case basis, as first approved by the City. Generally payments to Subrecipients will be 'forwarded upon request at the completion/closing of each project. The City will not be obligated to pay closing costs, taxes, insurance or lot maintenance on current or prior land. purchases. Allowable payments will be those as outlined in the City of Clearwater Program Guidelines for the Housing Pool, as amended, that covers down payment and closing costs assistance, infill housing activities, rehabilitation and housing education and counseling and foreclosure prevention and counseling. All projects/activities funded through the Housing Pool must be approved by the City prior to commitment of funds by the Provider. The Provider shall certify that program participants meet all applicable program requirements and all homes rehabilitated and/or constructed must meet all. applicable building and local codes. Funds requested by the Provider must be for actual costs/fees and each request for reimbursement shall include source material for all referenced requests 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 (or no expenditures during the month), including applicable back-up documentation, no later than the tenth (10th) day of 12 the succeeding month and the City will provide reinhloursement, upon approval, within twenty (20) working days after receipt of the same, and if all required documentation is submitted with request and if all documentation is correct. 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 i?a -ior written approval of the City. All changes amounting to more than fifteen percent (15%) require r 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 pay or 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 ernployrnent, 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. 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 11478, August 8, 1969 and 12086, October 5, 1978, 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 firrrash all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary 13 (1) Deny any facilities, services, financial aid, or other benefits provided under- the program or activity. (2) Provide any facilities, services, Fnancial aid, or other benefits, which are different or are provided in a different form fi om 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 enjoy.,-IPnt 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, enrollixent, 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, (1.2 USC 1701u), as amended, and the ITUD 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 workforce, 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 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. Please see Appendix 3. 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, 42 USC 2000d et seq.) and. the Fair- Housing Act (42 USC 3601. 19, 31)_ In accordance with City policy and Title VI of the Civil Rights Act of 1.964 (PL 88-352), in the sale, lease of other transfer of land acquired, leased or 15 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, 42 USC 3601 et seq.) as amended and will administer- all programs and activities related to housing and community development in a manner to affirmatively further fair housing: SECTION IN: 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 Progr-ana, HOME Investment Partnership Program and State Housing Initiatives 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: INDEMNFFICATION AND INSURANCE The Provider shall inderrmify 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. 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 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 e?, dence of the required insurance is not forwarded to the City 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 XI: REPORTING AND EVALUATION REQUllRMENTS 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 16 reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also assures prompt and efficient subinission of the following: A. Monthly Reports - are due no later than the tenth (1 Oilr) day of the succeeding month and shall include the request for payment when applicable. A monthly report is due regardless if any funds have been upended- Contents of the Monthly Report; attached hereto and made a part hereof as Appendix 2, shall include but not necessarily be limited to the follotiving: 1. The "Financial Report & Implementation. Surxrrnary" Fon-n, which shall 'include the request for payment and documentation, as applicable. 2. The "Program Activity Report" 3. The "Request for Reimbursement" Form 4. Insti actions for Appendix 2 Forms S. Final Evaluation - Within thirty (30) 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 Division for review and approval- The contents of it shall. include a cumulative total of the data submitted during the program's operation. Further, such report shall include statistical findings, 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". C. Other Reportin,e Reguirernents 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. SECIJON XH: 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 submitted audit shall include any management letters and agency responses to the management letters. The audit shall be performed in accordance with ONIB Circular- A- 110 Attachment F, OMB Circular A-133. If this 17 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 closeout. SECTION XIII: REVERSION OF ASSETS The Provider shall transfer- to the City any CDBG, HOME or SHIP funds on hand (including program income) or any accounts receivable attributable to the use of CDBG, HOME or SHIP funds should the agency close its doors. The Provider shall also transfer to the City any real property in the Provider's control that was acquired or improved in whole or in part of with CDBG, HOME or SHIP fiends, unless it is used to (1) meet one of the national objectives in Section 570.208 until five years after the expiration of this agreement, or for such longer period of tirx e as determined to be appropriate by the recipient, or (2) if not used for eligible activity, the Provider shall pay to the City an amount equal to the current to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG, HOME or SFET funds for the acquisition of or improvement to, the property. SECTION XIV: 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 XV: 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 Corrn-n nnity Development Block Grant Funds, HOME Investment Partnership Program Funds and State Housing Initiatives 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 an.derstood and agreed that irl the event of curtailment or non-production of said federal grant funds, that the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby ter i-ninate 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 fi-orn further liability each to the other under the terxos of this Agreement. is 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. TAMPA BAY COMMUNITY DEVELOPMENT CORP. Byrom _w, c> ?J - - Preside & Date ATTEST: n Board Secretary I?'/)?"/ G`7 Date Countersigned: Frank V. Hibbard Mayor Continued: Approved as to fonn: Laura Mahony Assistant City Attorney, II CITY OF CLEARWATER, FLORIDA By: ?? - Wes- ' William B. Horne, II City Manager Attest: y Cy "a E. Goudeau City erk d 19 APPENDIX 1 Provider's Program Budget Tampa Bay Community Development FY 09-10 CtegoiY .: arnu?tt.:::.:. :.:...: OtherutZds..... Cher Fndir?0 Total Ieq!ueted sources ;::X XXX Pro: rased:: Cornmittod , .. -_ Housing Pool Activities TBD - City SHIP, TBD HOME & CDBG Housing TBD City SHIP, TBD Education/Counseling HOME & CDBG $ - $ - Ttitt $ - $ - Is APPENDIX 1 Provider's Program Implementation Schedule Tampa Bay Community Development FY 09-10 Planned Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Iliipfemenfafion Steps Housing Rehabilitation: Rehab Homes Rental Housinq Rehabilitation: # of Units Rehab Homebuyer Ed. Program: Housing Education 1.) Market the Homebuyer Ed. Prog. 2.) First time Homebuyer Seminar Attendees 3.) Household Budgeting Seminar Attendpps 4.) Pre-Purchase or Post-Purchase Counseling Recipients Partnership to Ownership Homebuyer Ed.: Housing Education 1.) Market the PTO Program 2.) Intake & Plans Development 3.) Pre-approval, Loan Qualification 4.) Home Purchase APPENDIX 3 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal. Govermment or borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following Equal. Opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment: without regard to their race, color, religion, sex, 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 pay or other forms of compensation; and selection of training, including apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the contractor, will state that all qualified applicants will receive consideration 'for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and sball post copies of the notice in conspicuous places available to employees and. applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of 'September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto; and will permit access to his books, records, and accounts by the adrrrinisterfrlg agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders; this contract may be canceled, terminated, or suspended in. whole or in part and the contractor may be declared ineligible for fiau-ther government contracts or Feder ally assisted construction conti acts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order- of the Secretary of Labor, or as otherwise provided by law. (7) The contractor 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, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action -with. respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance provided, however, that in the event a contractor becomes involved in or is threatened. with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own employment practices when it participates in federally L.,sisted construction work: provided that, if the applicant so participating is a State or local government, the above Equal Opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1.965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor pursuant to Par 11, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, suspend ill whole or in part this grant (contract, loan, insurance guarantee); refrain fi-orxr extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings- FEDERAL - SECTION 3 CLAUSE A. The work to be performed under this contract is on. a project assisted tinder a program providing direct Federal financial assistance frorn the Departrnnent of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1.701u_ Section 3 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. B. The parties to this contract will comply with the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued there under prior- to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability, which would prevent them. from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or train.in.g_ D_ The contractor will include this Section 3 Clause in every subcontract for work in. connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135 The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter- has been found in violation of regulations tinder 24 CFR 135, and will not let any subcontract runless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant. or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. 3 EXHIBIT "A" CITY OF CLEA_RW,aTER HOUSING POOL UNDERWRITING GUIDELINES, POLICES AND PROCEDURES FOR DOWN PAYMENT AND CLOSING- COSTS ASSISTANCE FY2009-20X0 Housing Education, Counseling and .Foreclosure Prevention/Counseling Fee Schedule The City of Clearwater will reimburse approved Housing Pool participants at the rates set forth below for housing education and counseling and foreclosure prevention and counseling. The rates below may be amended from time to time. Participants will be provided at least thirty (30) days advanced notice of any changes. All reimbursement requests must be supported by proper and adequate documentation. Reimbursements will only be made for clients assisted during the curi.ent fiscal year. All clients assisted must reside in the city limits of Clearwater. Reimbursement request must be submitted monthly. Housina/Home Bu rer Education Horne Buyer Education classes are appropriate for individuals/households who are interested in purchasing a home. The classes covet- the entire process fi-om initial search for an appropriate home, to issues of affordability, processing of loan applications, ability to obtain a loan, closing costs, responsibilities of home ownership, and prevention of foreclosure. Copies of completion certificates for Home Buyer Education classes, enrollment verification and household income (in AMI% format to one decimal - e.g. 78.5%) for classes must be submitted to the City in order to justify payment. • $60-00 Per Household/Per Class, for households at or below 120% AM1, with documented intake form showing household income. Classes must be a minimum of four hours. • $30.00 Per Household for Post Education Seminar/Purchase Counseling (one time fee)- Must be documented on what type of counseling was done, date, format (e-g., telephone, office, etc.) and length of counseling session. Housina Counseling (Hoin,e Buyer's Club, etc.): • Intake - Plan Development = $250.00 • Pre-Approved Qualification = $250.00 • Horne Purchased in Clearwater = $500.00 The above Pees are per Household at or below 120% AMI, with sufficient documentation substantiating household income. Request for reimbursement for any of the items above under "Housing Counseling" must be accompanied with the applicable documentation below: • Date of Initial Intake • Number of hours spent and dates of meetings • Date of purchase • Copy of sales contract • First three pages of the appraisal • Household income (in AMI% format to one decimal- e.g. 78.5%) • Proof that home is in the City limits Foreclosure & Budgeting Counselina The curriculum for budgeting classes/sessions covers topics such as basic budgeting, review of household income and expenses; costs of food, energy, housing and home maintenance; landscaping; transportation costs; discussion of credit problems; costs of insurance; and of resources to assist in emergencies. Foreclosure Intervention Services covers such things as determining causes for potential/pending foreclosure and the producing of a memo/letter back to the City explaining the details of the case with any recommendation(s) of future action(s). If foreclosure intervention is needed for a client, the agency must submit a budget with their memo/letter with any recommendations to the City- • General Foreclosure Intervention. Services to a past City of Clearwater Housing Loan Borrower who is at Risk of Foreclosure = 5200.00 first session and then $50.00 for each follow-up session, up to a maximum of $350.00 (three (3) follow- up sessions) • General. Foreclosure Intervention Services to a City of Clearwater Resident = 5200.00 first session and then $50.00 for each follow-up session. LIP to a maximum of $250.00 (one (1) follow-up session) • Budgeting Counseling = $50.00 per initial session and up to a maximum of $150.00 for follow-up sessions at $50.00 each. (maximum of three (3) follow up sessions). All of the above fees are per Household at or below 120°/ AMl, -,?-ith documented intake form showing household income (in AMl% format to one decimal - e.g. 7 8.5%). Websites for looking up Property Addresses: lattp://pii).ellascounty.org/ - Go under "About My Property" http_//pao.co.pinellas.fl.us/search2.htrnl -Pinellas County Property Appraiser http://wNvw.yisualgoy.com/Linellascount? - Pinellas County Tax Collector All households assisted through the City's Housing and Education programs, must reside in the city limits Clearwater. Please pay close attention because some properties in South Clearwater may have a Clearwater address, but actually be in the unincorporated County.