SUBRECIPINET AGREEMENT FOR WOODLAWN OAKS INFRASTRUCTURE
SUBRECIPIENT AGREEMENT
between the
CITY OF CLEARWATER, FLORIDA
and
LARGO AREA HOUSING DEVELOPMENT CORPORATION -
TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION (co-developers)
for
WOODLAWN OAKS INFRASTRUCTURE
THIS SUBRECIPIENT AGREEMENT as entered into on this 151 day of July, 2005, 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 Largo
Area Housing Development Corporation and Tampa Bay Community Development Corporation,
hereinafter referred to as the "Developer".
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 Community
Development Program with federal financial assistance under Title I of the Housing and
Community Development Act of 1974, as amended, hereinafter called "Act"; and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing
and Urban Development for the purpose of conducting the HOME Investment Partnership Program
(HOME) with federal assistance under Title II (42 U.s.c. 12701-12839) of the Cranston-Gonzalez
National Affordable Housing Act of 1990, as amended; and
WHEREAS, the City has entered into an agreement with the State of Florida for the
purpose of conducting the State Housing Initiatives Partnership (SHIP) Program with State of
Florida assistance under the William E. Sadowski Housing Act (Section 420.907 - .9079 Florida
Statutes, Rule 67-37, Florida Administrative Code) which was signed into law on July 7, 1992; and
WHEREAS, the City has determined through its Fiscal Year 2004-2005 Consolidated
Action Plan and State Fiscal Year 2003-2006 Local Housing Assistance Plan, which was adopted
on July 15, 2004, the necessity for providing funding for housing opportunities to very-low to
moderate income residents of Clearwater; and
WHEREAS, the City desires to engage the Developer to render certain services in
connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
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SECTION I: SCOPE OF SERVICES
The Developer agrees to use City State Housing Initiatives Partnership (SIDP) funds to provide
all necessary infrastructure improvements, and associated development costs, for the planned
Woodlawn Oaks Subdivision, as outlined in Appendix 1 and in the Section n. Developer agrees
to . abide by State of Florida and City rules and regulations pertaining to the use of SHIP funds
and all conditions in this agreement relating to state SHIP funds.
SECTION II: CONDITION OF SERVICE
The Developer hereby agrees to the following:
A. The Program shall serve eligible very-low to moderate-income persons. The Developer
shall certify that households are eligible and follow all applicable rules and regulations as
contained in the State of Florida State Housing Initiatives Partnership (SHIP) programs.
B. The Developer shall maintain in its file the documentation on which basis it determines that
the project benefits low and moderate-income persons and minorities. 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 Developer shall maintain a citizen participation mechanism, which will include, but not
be limited to the following:
1 Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of resolutions to complaints.
D. The Developer shall comply with Subpart c - Post Award Requirements of the Office of
Management and Budget (OMB) Circular No. A-llO, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals
and Other Non-Profit Organizations", incorporated by reference into this Agreement.
E. The Developer 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 State of Florida. Further, it is expressly understood that in the
event no funds are released from the State of Florida in connection with this Program, then
the City is not liable for any claims under this contract.
H. The Operating Agency hereby certifies that, in the implementation of projects funded by
this Agreement and in all of its other operations, it will comply with all requirements of
Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing
regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and
all state and local laws requiring physical and program accessibility to people with
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disabilities, and agrees to defend, hold hannless and indemnify the City from and against
any and all liability for any noncompliance on the part of the Operating Agency.
(1) Notification by HUD to the City at said project is ineligible because of project
location, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the City that said project is deficient and that continued
support of the project is not providing an adequate level of services to low
income and minority people; or
(3) Written notification from HUD to the City that the program funds made
available to the City are being curtailed, withdrawn, or otherwise restricted.
(4) Fails to file required reports or meet project progress or completion deadlines;
(5) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CRF 85.43 or OMB
Circular A-110, Attachment L);
(6) Expends funds under this Agreement for ineligible activities, services or items;
(7) Implements the project prior to notification from the City that the federal
environmental review process has been completed;
(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 Developer shall certify, pursuant to Section 109 of the Act, that no person shall be
denied the benefits of the program on the ground of race, color, national origin or sex.
J. The Developer 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. .AlI program income generated through the use of In those instances where the City allows
the sub-recipient to retain program income, these funds shall be expended for eligible
activities as per the original program that provided the funding, as previously approved by
the City in accordance with the projected accomplishments and budget descriptions
attached to this Agreement. As per the funds associated with this project. A portion of the
funds may be left behind in each home as a grant and/or loan and may also be used towards
the Down Payment Assistance.
L. The Developer shall transfer to the City any CDBG funds, if any used in the development,
on hand at the time of expiration and any accounts receivable attributable to the use of
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CDBG funds. All real property acquired or improved in whole or in part with CDBG funds
in excess of $25,000 shall be:
(1) Used to meet one of the national objectives in Section 570.208 until five years after
expiration of the agreement, or fro such longer period of time as determined to be
appropriate by the City; or
(2) If not used as stated above, the Developer shall pay to City an amount equal to the
current market value of the property less any portion of the value attributable to
expenditures on non-CDBG funds for the acquisition of or improvement to, the
property. The payment shall be considered program income.
M. The Developer shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the
basis of religion and will not limit employment or give preference in employment to
persons on the basis of religion.
2. It will not discriminate against any person applying for public services on the basis
of religion and will not limit such services or give preference to persons on the basis
of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship
or services, engage in no religious proselytizing, and exert no other religious
influence in the provision of such public services.
4. The portion of a facility used to provide public services assisted in whole or in part
under this Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate,
or restore any religious facility which is owned by the Developer and in which the
public services are to be provided. However, minor repairs may made if such
repairs are directly related to the public services; are located in a structure used
exclusively for non-religious purposes; and constitute, in dollar terms, only a minor
portion of the CDBG expenditure for the public services.
N. The Developer 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 Developer's control, which was acquired or
improved in whole or in part with CDBG funds in excess of $25,000:
1. Any real property under the Developer's control must be used to meet one of the
National Objectives in the CDBG Regulations. Part 570.208 until five years or such
longer period of time as determined appropriate by the City after expiration of the
Agreement. Land-banking is a prohibited activity under the City's programs.
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2. If the real property is sold within the period of time specified above, the property
must be disposed of in a manner which results in the City being reimbursed in the
amount of the current fair market value of the property, less any portion thereof
attributable to expenditures on non-CDBG funds for acquisition of, or improvement
to, the property. Such reimbursement is required.
O. The Developer agrees that when sponsoring a project financed in whole or in part under
this Agreement, all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorship of the project, research reports, and similar public notices
prepared and released by the Developer shall include the statement:
FUNDED BY
THE CITY OF CLEARWATER
HOME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAMS
In written materials, the words "CITY OF CLEARWATER HOME INVESTMENT
PARTNERSHIP PROGRAM FUNDS, AND STATE HOUSING INITITATIVES
PARTNERSHIP PROGRAM FUNDS ADMINISTERED BY THE HOUSING
DIVISION OF THE CITY OF CLEARWATER - ECONOMIC DEVELOPMENT
AND HOUSING DEPARTMENT" shall appear in the same size letters or type as the
name of the Developer.
P. The Developer shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
Q. The Developer shall maintain sufficient records in accordance with 24 CFR 570.502 and
570.506 to determine compliance with the requirements of this Agreement, the Community
Development Block Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and program income.
2. Time sheets for split-funded employees who work on more than one activity, in
order to record the CDBG, HOME, and/or SHIP activity delivery cost by project
and the non-CDBG related charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under
which funding have been received, have been met. These also include special
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requirements such as necessary and appropriate determinations, mcome
certifications, and written agreements with beneficiaries, where applicable.
R. The Developer is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured location for
a period of three (3) years after expiration of this Agreement, with the following exception:
if any litigation, claim or audit is started before the expiration date of the three year period,
the records will be maintained until all litigation, claims or audit 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 III: OTHER CONTRACTUAL PROVISIONS
A. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (PL 93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance in accordance with the requirements of Section
102(a) of said Act.
B, Clean Air and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts Which Exceed $100,000
The Developer shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.) as amended, the
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as
amended, and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
C Provision of the Hatch Act
Neither the Developer program nor the funds provided therefore, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title 5,
United States Code.
D. Lead-Based Paint
Any grants or loans made by the Developer for the rehabilitation of residential structures
with assistance provided under this Agreement shall be made subject to the provisions for
the elimination oflead-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 oflead-based paint and explain the symptoms, treatment, and
precautions that should be taken when dealing with lead-based paint poisoning.
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E. Special Assessments
Developer shall not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any
fee charged or assessment made as condition of obtaining access to such public
improvements, unless (1) funds received under Section 106 of the Act are used to pay the
proportion of such fee or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title 1 of the Act,
or (2) for purposes of assessing any amount against properties owned and occupied by
persons of moderate income, the grantee certifies to the Secretary of HUD that lacks
sufficient funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
F. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of
Persons and Businesses
Developer 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." Developer shall conduct
any acquisition, rehabilitation, or demolition of real property, and any negotiations for
acquisition, rehabilitation or demolition of real property in compliance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
Section 1 04( d) of the Act, and the implementing regulations at 49CFR 24 and 24 CFR
570.606. Unless specifically permitted, the Developer shall not cause either temporary or
permanent involuntary displacement of persons or businesses. If the Developer 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 1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR
570.606. The Developer hereby agrees to defend, to pay, and to indemnify the City from
and against, any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection with
activities undertaken pursuant to this Agreement.
G. Lobbing Restrictions
Developer 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
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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 L be included in the award documents
for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
grants, loans and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352 Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
SECTION IV: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S.
Department of Housing and Urban Development and/or the State of Florida and being duly
executed by both parties, whichever is later.
Funding for this project shall be available starting June 1. 2005 and shall continue through May 31.
2006, with the option for the City to extend based on the Developer's performance.
SECTION V: TERMINATION
The City and the Developer agree:
A. This Agreement may be terminated by either party hereto by written notice of the other
party of such intent to terminate at least thirty (30) days prior to the effective date of such
termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties
agree upon the termination conditions. A written notification shall be required and shall
include the following: reason for the termination, the effective date, and in the case of a
partial termination, the actual portion to be terminated. However, if, in the case of a partial
termination, the City determines that the remaining portion of the Agreement will not
accomplish the purposes of such Agreement, the City may terminate such in its entirety.
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C. The City may place the Developer in default of this Agreement, and may suspend or
terminate this Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any
federal statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the
City's monitoring of the subrecipient, and applicable HUD rules and
regulations.
2. The City shall notify the Developer in writing when the Developer 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 Developer as a condition
precedent to clearing the deficiency and a reasonable date for compliance, which
shall be no more than fifteen (15) days from notification date.
3. The City shall notify the Developer in writing when sufficient cause is found for
termination of this Agreement. The Developer shall be given no more than fifteen
(15) days in which to reply in writing, appealing the termination prior to final action
being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the
funds of the U.S. Department of Housing and Urban Development and/or the State of
Florida, this Agreement will terminate effective as of the time that it is determined such
funds are no longer available.
E. Costs of the Developer resulting from obligations incurred during a suspension or after
termination, are not allowable unless the City expressly authorizes them in the notice of
suspension or termination or subsequently. Other costs during suspension or after
termination which are necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective
date of suspension or termination, are not in anticipation of it, and in the case of
termination, are noncancelable, and
2. The costs would be allowable if the award were not suspended or expired normally
at the end of the Agreement in which the termination takes effect.
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F. Upon termination of the Agreement, the Developer 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 Developer.
SECTION VI: AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when
they have been reduced in writing and duly signed by both parties. Any changes, which do not
substantially change the scope of the project and/or the Project Implementation Schedule or
increase, the total amount payable under this Agreement, shall be valid only when reduced to
writing and signed by the City Administration and the Developer.
The City shall not reimburse the Developer for outlays in excess of the funded amount of the
Agreement unless and until the City officially, in writing, approves such expenditure by executing a
written modification to the original Agreement.
SECTION VII: METHOD OF PAYMENT
The City agrees to provide the Developer Three-Hundred Twenty-Five Thousand Dollars and
---- NO/tOO ($325.000). The funds must be expended in accordance with the terms and
conditions of the Agreement. Any remaining balance of funds shall revert to the City or other
approved Developer(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 Developer shall submit monthly requests for payment for actual expenditures,
including applicable back-up documentation, no later than the tenth (10th) day of the
succeeding month and the City will provide reimbursement, upon approval, within ten (10)
working days after receipt of the same, if submitted by the deadline data for inclusion on the
drawdown request.
B. The City agrees to pay the Developer 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.
SECTION VIII: EOUAL 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
Woodlawn - 06.03.05
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orientation, ancestry, or national origin. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of payor other forms of compensation, and
selection for training including apprenticeship. The Operating Agency agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
2. The Operating Agency will, in all solicitations or advertisements for employees placed
by or on behalf of the operating Agency, state that all qualified applicants will receive
consideration for employment without regard to race, color creed religion, sex age,
handicap, disability, sexual orientation, ancestry, national origin, marital status, or any
other basis prohibited by applicable law.
3. The Operating Agency will send to each labor union or representative of workers with
which is has a collective bargaining agreement or other contract of understanding, a
notice to be provided advising the said labor union or workers; representatives of the
Operating Agency's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
4. The Operating Agency will comply\ with all provisions of Executive Order 11246,
Equal Employment opportunity, of September 24, 1965, as amended by Executive
Orders 11373 and 12086, copies of which are on file and available at the City and ofthe
rules regulations, and relevant orders of the Secretary of Labor.
5. The Operating Agency will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to its books,
records, and accounts by HUD and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Operating Agency's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this contract
may be cancelled, terminated, or suspended in whole or in part and the Operating
Agency may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, as amended, and such other sanctions may be imposed
and remedies invoked as provided in Executive order 11246 of September 24, 1965, as
amended, or as otherwise provided by law.
7. The Operating Agency will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,
as amended, so that such provisions will be binding upon each subcontractor or vendor.
The Operating Agency will take such action with respect to any subcontract or purchase
order as HUD may direct as a means of enforcing such provisions, including sanctions
for noncompliance; provided, however, that in the event an Operating Agency becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
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such direction by HUD, the Operating Agency may request the United States to enter
into such litigation to protect the interests of the United States.
A. Equal Opportunity in Participation
Development Act of 1974, and in conformance with City policy and all requirements imposed by
or pursuant to the Regulations ofHUD (24 CFR Part 570.601 and 570.602) issued pursuant to
Section 109, no person in the United States shall on the ground ofrace, color creed, religion, sex,
age, handicap, disability, sexual orientation, ancestry national origin, marital status, familial
status, or any other basis prohibited by applicable law be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under, and program or activity funded in
whole or in part with Community Development Block Grant Program funds.
B. Specific (not exclusive) Discriminatory Actions Prohibited:
The Developer may not directly or through contractual or other arrangements, on the ground of
race, color, creed, religion, sexual orientation, ancestry, national origin, marital status, familial
status, age handicap, disability, sex or any other basis prohibited by applicable law:
(1) Deny any facilities, services, financial aid, or other benefits provided under the
program or activity.
(2) Provide any facilities, services, financial aid, or other benefits, which are different
or are provided in a different form from that provided to others under the program
or activity.
(3) Subject to segregated or separate treatment in any facility, or in any mater or
process related to receipt of any service or benefit under the program or activity.
(4) Restrict in any way access to, or the enjoyment of any advantage or privilege
enjoyed by others in connection with facilities, services, financial aid or other
benefits under the program or activity.
(5) Treat an individual differently from others in determining whether the individual
satisfies any admission, enrollment, eligibility, membership, or other requirements
or condition which the individual must meet in order to be provided any facilities,
services, or other benefit provided under the program or activity.
(6) Deny any person with the legal right to work an opportunity to participate in a
program or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Business Enterprises
The Provider shall conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of
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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 2.
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. Nondiscrim.ination in Federally Assisted Programs
The Developer shall comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with City policy and
Title VI ofthe Civil Rights Act of 1964(PL 88-352), in the sale, lease of other transfer ofland
acquired, leased or improved with assistance provided under this Agreement, the deed or lease
for such transfer shall contain a covenant prohibiting discrimination upon the basis of race, color,
creed, religion, sex handicap, disability, sexual orientation, ancestry, national origin, marital
status, or familiar status, in the sale, lease or rental, or in the use or occupancy of such land or
any improvements erected or to be erected thereon. The Developer will comply with Title VIII
of the Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and
activities related to housing and community development in a manner to affirmatively further fair
housing.
SECTION IX: CONFLICT OF INTEREST
The Developer covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development Block Grant Program, HOME
Investment Partnership Program and State Housing Initiatives Program funded activities, has any
personal financial interests, direct or indirect, in this Agreement. The Developer covenants that in
the performance of this Agreement, no person having such conflicting interest shall be employed.
The Developer 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 Developer shall disclose, in
writing, to the City any possible conflicting interest or apparent impropriety that is covered by the
above provisions. This disclosure shall occur immediately upon knowledge of such possible
conflict. The City will then render an opinion, which shall be binding on both parties.
SECTION X: INDEMNIFICATION AND INSURANCE
The Developer shall indemnify and hold harmless the City from any and all claims, liability, losses
and causes of action, which may arise out of the Agreement. The Developer shall pay all claims
and losses of any nature whatsoever in connection therewith and shall defend or pay to defend all
suits brought against the City, when requested, and shall pay all costs and judgments which may be
issued thereon.
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Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles
are involved in any way in the performance of the Agreement.
The Developer shall submit to the City an ORIGINAL Certificate of Insurance.
All liability insurance coverage shall be approved by the City's Risk Management Office prior to
the release of any funds under this Agreement. Generally, the amount of coverage necessary would
be at a minimum of $300,000.
Further, in the event evidence of the required insurance is not forwarded to the Risk Management
Office within thirty (30) days after the execution of this Agreement, this Agreement may be
terminated at the City's option and any payments then due may be permanently withheld by the
City and the City will have no further obligation under this contract or any subrecipient contract.
SECTION XI: REPORTING AND EVALUATION REOUlREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to
produce an impact in low/moderate income areas, through progress in accomplishing scheduled
activities. An effective method for maintaining project progress against a previously established
schedule is through project evaluation and reporting, which will consist of both written reports and
staffdiscussions on a regular basis. The Developer also assures prompt and efficient submission of
the following:
A, Monthlv Reports - are due no later than the tenth (10th) day of the succeeding month and
shall include the request for payment when applicable. Contents of the Monthly Report,
attached hereto and made a part hereof as Appendix 2, shall include but not necessarily be
limited to the following:
1. The Narrative Report Form
2. The Financial Summary Form, which shall include the request for payment and
documentation, as applicable.
3. The Client Profile Form
B, Final Evaluation - Within twenty (20) days of contract completion, a final report
documenting how the Statutory National Objective and the eligibility requirements were
met, must be submitted by the Developer 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-federal/non-state
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 Developer will be notified if additional data is necessary or that the project/activity is
considered "closed-out".
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14
C Other Reporting Requirements may be required by the City in the event of program
changes, need for additional information or documentation and/or legislation amendments.
The Developer 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 Developer.
SECTION XII: AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City, State and/or Federal Government
representatives may deem necessary, there shall be made available to representatives of the City,
State, 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
Developer'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 OMB
Circular A-11O Attachment F, OMB Circular A-133 or OMB Circular A-128, as applicable. If this
Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover
any disallowed costs identified in an audit after such closeout.
SECTION XIII: REVERSION OF ASSETS
The Developer 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 Developer shall also transfer to the City any real
property in the Developer's control that was acquired or improved in whole or in part of with
CDBG, HOME or SHIP funds, 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 time as
determined to be appropriate by the recipient; or (2) if not used for eligible activity, the Developer
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 SHIP funds for the
acquisition of or improvement to, the property.
SECTION XIV: COMPLIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS
The Developer agrees to comply with all applicable federal regulations as they may apply to
program administration. Additionally, the Developer 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 Community 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.
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15
It is expressly understood and agreed that in the event of curtailment or non-production of said
federal grant funds, that the financial sources necessary to continue to pay the Developer
compensation will not be available and that this Agreement will thereby terminate effective as of
the time that it is determined that said funds are no longer available.
In the event of such determination, the Developer agrees that it will not look to, nor seek to hold
liable, the City or any individual member of the City Commission thereof personally for the
performance of this Agreement and all of the parties hereto shall be released from further liability
each to the other under the terms of this Agreement.
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16
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.
LARGO AREA HOUSING DEVELOPMENT
CORPORATION
TAMPA BAY COMMUNITY
DEVELOPMENT CORPORATION
...
By ~~*
President
By-!tEuk~~
President
Date
J U L'f ~ I l~o 'i'
Date
,-r""
J u~ " Zoo S-
~TIEST:
.~~~~
Secretary
ATTEST:
-ParrnJ~ YU.d- b,A-~
Secretary
Date
<;ful...J ", 2ooS"
,
Date
JUl...t (" Z<oa S-
Countersigned:
CITY OF CLEARWATER, FLORIDA
d ~
~~;( I
Frank V. Hibbard
Mayor-Councilmember
By:
~.u..-.-'6. ~--rr
William B. Horne, II
City Manager
Continued:
Approved as to form:
Attest:
~ZA-.&-
Ct' a E.9oudellu. .
City lerk. ..
APPENDIX 1
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Developer's Program Budget
Site Infrastructure:
Roads, Sewer,
Stormwater,
Retention Ponds,
Platting, Plans, Title
Work, etc.
$325,000.00
$325,000.00
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2
APPENDIX 2
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The Developer 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 Government 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 payor 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 shall 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 administering 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 further government
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contracts or federally assisted construction contracts 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 assisted 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, 1965, 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 II, 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 in whole or in part this grant (contract, loan, insurance
guarantee); refrain from 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.
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FEDERAL - SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program providing
direct Federal financial assistance from the Department 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. 1701 u. 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
135.20, 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 training.
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
135.20. The contractor will not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR 135.20, and will
not let any subcontract unless 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 135.20, 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
135.20.
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