SUBRECIPIENT AGREEMENT FY 2010-2011 - LEGAL SERVICESCITY OF CLEARWATER, FLORYDA
AND
GULF COAST LEGAL SERVICES, INC.
FY2Qlp-2011
SUSRECIPIENT AGREEMENT
(Legal Services)
THIS SUBRECIPTENT AGREEMENT as entered into on this 1 S` day of October 2010, by and between
the City of Clearwater, a Florida municipal carporation, having its principal office at 112 South Osceola
Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the Gulf Coast Legal Services, Inc.,
hereinafter xeferred to as the "Provider" or "Subrecipient", whose principal address is: 641 First Street
South, St Petersburg, FL 33701.
1`�'� M.�►1x•Y•y �r Y: a
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and
Urban Development (HCTD) 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" (42 U.S.G 5301 et seq.); and the Cranstan-Gonzalez National
Affordable Housing Act of 1990 (42 U.S.C. 12701 et seq.); and
WI�REAS, 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 II af the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended (42 U.S.C.
12701-12839); and
WI�REAS, the City has entered into an agreement with the State o� Florida for the purpase of
conducting the State Housing Initiatives Partnership (SHIP) Program with State of Florida assistance under
the William E. Sadowski Housing Act (Section 420.907 - 420.9079, Florida Statutes, and Rule 67-37,
Flarida Administrative Code (FAC)) which was signed into law on July 7, 1992; and
WHEREAS, the City has determined through its Fiscal Year 2005-2010 Consolidated Plan and
FY2010-2011 Consolidated Action Plan, which was adopted on July 15, 2010, the necessity for providing
affordable hausing 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 connection
therewith:
NOW, THEREFORE, the parties hereto agree as follaws:
SECTION I: SCOPE OF SERVICES
The Provider agrees to provide City funds %r salary support to irnp�ement the agency's Legal Aid to
Preservat�on Housing Project. The project seeks to provide legal assistance for low and moderate-income
residents of Clearwater who are victims of predatory lending practices, :foreclosure rescue scams, persons
who are expez�encing or who have experienced discrimination and/or fraud in housing and ta remedy tl�ese
matters through negotiation, mediation or litigation and to assist residents in filing complaints regarding
violatxans of Fair Housing Laws. The agency anticipates that they will serve 100 people. The pz�avider
agrees to accomplish these activities in accordance with the projected accomplishments attached and rnade
a fully binding part of this Agreement, as located in Appendix 1.
SECTION II: CONDITION OF SERV�CE
The Provider hereby agrees to the following:
A. Tbe Program shall serve eligible very-low and moderate-income persons living in Clearwater. The
Provider shall certify that the activities carried out with fiuids provided under tk►is Agreement will
meet ane or more ofthe CDBG program's National Objectives —1) benefit low to moderate income
persons, 2) aid in the prevention or elimination of slum and blight, 3) meet community
development needs having a particular urgency — as defined in 24 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 (SH�P) pragxams.
B. The Provider shall maintain in its file the documentation on which basxs it deterimines that the
project benefits low and modexate-xncozne persons, minorities and residents of Clearwater. Such
records shall include, but not be limited to profiles identifying financial classificatian, head of
household, ethnicity, race and gender, or area benefit data, as required.
C. The Pxovider shall maintain a citizen participation mechanisrn, 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. Capies of responses to complaiz�ts and/or exp�anatxons of resolutians to cozanplaiz�ts.
D. The Provider sha11 comply with Subpart c— Post Awazd Requxreme�ts o� the Offce of
Management and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements for
Grants and Agreernents with Institutions of Higher Education, Hospitals and Other Non-Profit
Oxganizatio�s", xncarporated by reference into this Agreement.
E. Costs incurred under this program shall be in compliance w�itl� Federal Manageznent Circu�ar No.
A-122, "Cost Princxples �or Non-Profit Organizations", incorporated by reference into this
Agxeement.
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F. The Provider shall abide by thase provisians af 24 CFR Part 570 subpart J, when applicable,
incorparated by reFerence into this Agreement.
G. No expenditures or obligatians shall be incurred for the program priar to appraval and release of
funds from the U.S. Depaztment of Housing and Urban Development and/or the State of Florida.
Further, it is expressly understood that in the event no funds are rel�ased from the U.S. Department
of Hausing and Urban Development and/or the State of Florida in cannection 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 (Public Law (PL) 101-336), and all state and local
laws requiring physical and program accessibility to people witY� disabilities, and agrees to
defend, hold harmless and indemnify the City from and against any and all liability for any
noncarnpliance on the part of the Operating Agency. Funds awarded under this Agreement may
be de-abligated shauld any of the following occur.
(1) Notificatian by HUD to the City that said project is ineligible because of project
locatian, services provided, ar any other reason cited by HUD;
(2) Notificatian by HLTD 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 notiiication from HUD to the City that the program funds made available to the
City are being curtailed, withdrawn, or otherwise restricted.
(�) Fails to file required reports or meet project progress or campletion deadlines;
(5) Materially fails to comply with any provision of this Agreement (which may result in
suspensian or terminatian in accardance with 2� CFR 85.43 or OMB Circular A-110,);
(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 enviranrnental
r�view 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 af this Agreement.
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I. Tl�.e Provider shall certify, pursuant to Section 109 of the Act, that na person shall be denied the
benefits o�the pragram on the ground of race, colar, natxonal arigin or sex.
J. The Provider agrees that to the extent that it staffs the Program with personnel not presently
emp�oyed by said party, it will take affirmative action in attempting to employ low income persons
residing in the City of Clearwatex, particularly minority group mernbers.
K. Tl�e Pravider shall comply with the �rovisions o� 24 CFR 570.504 (c), "Program Income" and meet
the definition of program iz�coxne defined in 24 CFR 570.500 which generally states that program
income xs gross income received by the recipient or a Subrecipiez�t directly generated from the use
of CDBG funds. All pragram income generated through the use of Community Development Block
Grant, HOME Tnvestment Partnership Program, and State Housing Initiatives Partnership programs
shall be returned to the City within 45 days after receipt by the Subrecipient. In those xz�stances
where the City allows the sub-recipient to reta�in program x�come, these funds shall be expended for
CDBG eligible activities, previously appraved by the City in accordance with the projected
accamplishments a.r�d budget descriptions attached to this Agreement. In addition, at the end of the
program year, the City may require remittance of all or part of any CDBG program income balances
(including investments thereo#� he�d by the subrecipxez�t (except those needed for itnmediate cash
needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, ox cash
aar iz�vestments k�eld for section 108 security needs).
L. The Provider shall transfer to the City any CDBG fiinds on hand at the time of expiration and any
accounts xeceivable attributable to the use of CDBG fur�ds. All real property acquir�d 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 24 CFR Part 570.208 until five years
after expiration of the agreement, or fro such long�r period of time as determined to be
appropriate by the City; or
(2) If not used as stated above, the provider sk�all pay to City an amount equal to the cuxrent
maxket value of the property less any portion of the value attributable to ex�enditures on
non-CDBG funds for fihe acquisition of or improvement to, the property. The payment shall
be considered program incorne.
A subrecxpient receivir�g HOME funds must transfer to the City any HOME funds on hand at
the time of expiration of this Agre�nnez�t and any accounts xeceivable attributable to the use of
HOME funds.
A subxecipient af SHIP funds recognizes that funds may revert to the City in accordance with
the provisions of the City's local housin.g assxstance plan.
M. The Pravider shall comply with Fixst Amendment Church/State principles, as follows:
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1. It will not discriminate against any employee or applicant for emplayment an the basis of
religian and will not limit employment ar 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 af
religion and will not limit such servic�s or give preference to persons on the basis of
religion.
3. It will pravide no religious instruction or counseling, conduct no religious vvorship 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 ta provide public services assisted in whole or in part under
this Agreement shall contain no sectarian ar religious symbols dr 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 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 oi 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 th�
use of CDBG, HOME and/ar SHIP funds. The following restrictions and limitations apply to any
real praperty under the Provider's control, which was acquired or improved in whole or in part with
CDBG funds in excess of $25,000:
1. Any real property under the Provider's control rnust be used ta meet ane af 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 af�er expiratian of the Agree�nent.
Land-banking is a prahibited activity under the City's programs.
2. If the real properry is sold within the period af tixne specified above, the property must be
disposed of in a manner which results in the City bei.ng reimbursed in the amount of the current
fair market value af the property, less any partion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required.
O. The Provider agrees that when sponsoring a project financed in whole or in part under this
Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the
spansorship of the project, research reports, and similaz public notices prepared and releas�d by the
Provider shall include the statement:
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FUNDED BY
THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAMS
in written materials, the words "C�TY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS,
AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FUNDS
ADMINISTERED BY THE HOUSING DIVISION OF THE CITY OF CLEARWATER —
ECONUMIC DEVELOPMENT AND H�USING DEPARTMENT" shall appear in the same
size letters or type as the name of the Provider.
P. The Provider shall ensure the fa�lowing when entering into a sub-contract agreement:
1. The full correct 1ega1 name of the party shall be identi�ed.
2. The "Scope of Services" shall describe the activities to be performed.
Q. The Provider shall maintain sufficient records in accordance with 2�4 CFR 570.502 and 570.506 to
determine complzance witk� the xequirements af this Agreement, the Comrnunxty Developmez�t
Block Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
Books, recaxds and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenu�s 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 ane activity, in order to
record the CDSG, HOME, and/or SHII' activity delivery cost by project and the non-CDBG
related charges.
How the Statutory National Objective(s) and the eligibility requirement(s) under which
funding have been recexved, have been met. These also include special requirements such
as necessary and appropriate determinations, income certifications, and written agreements
with beneficiaries, where applicable.
R. The Provider is responsible for maintaining and storing all records pertinent to tkxis Agreement in an
orderly fashion in a readily accessib�e, permatient and secured location for a period of five (5) years
after expiration of this Agreement, with the followiing exception: if any litigation, claim or audit is
started before the expiratian date of the three year period, the records will be zrzaintaiz�ed until all
litigation, claims or audit findings involving these records are resolved. The City shall be in%rtned
iz� writing after closeout of this Agreement, of the address where the records are ta be kept.
SECT�ON III: OTHER CONTRACTUAL PROVISIUNS
A. Labor Standards
Except with respect to the rehabilitation of residential praperty designed for residential use for
less than eight households, the provider and all subcontractars engaged in contracts in excess of
$2,000 for the construction, campletion, rehabilitation, or repair of any building ar work financed
in whole or in part with assistance provided under this Agreement aze subject to the federal labor
standards provisions which gavern the payment of wages and the ratio of apprentices arid 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 constructian work wages at rates not less
than those prevailing on similar constructian in the locality as determined by the Secretary of
Labor, and shall pay overtirne compensation in accordance with and subject to the pravisions of
the cantract Wnrk Hours and Safety Standazds Act (40 USC 327-332), and the provider shall
comply with all regulatians issued pursuant to these Acts and with other applicable Federallaws
and regulations pertaining to labor standazds, including the Capeland "Anti-Kickback" Act.
Yrovided, that if wage rates are higher than those required under the regulations aze imposed by
State or local laws, nothing hereunder is intended to r�lieve the provider of its obligation, if any,
to require payment of the higher rates.
B. Fload Disaster Protection
This Agreement is subject to the requixements oi the Flood Disaster Pratectian 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 mandatary purchase of
flood insurance in accordance with the requirements of Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution ControCAct (Applicable ta Cantracts and Subcontracts
Which Exceed $I00,000
The provider shall comply with and require each subcontractor to comply with all applicable
standazds of the Clean Air 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.
D. Provision ojthe Hatch Act
Neither the provider program nar the funds provided therefore, nar the personnel employed in the
administration af the program shall be in any way or ta any extent engaged in the conduct of
political activities in contravention of Chapter 15 of Title 5, USC.
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E. Lead-Based Paint
Any grants or loans made by the provider �or tk�e xehabilitation of residential structures with
assistance provxded 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 requiz�ements of 24 CFR 570.608 for notification, inspectian, testing, and abatement
procedures concerning lead-based pai�.t. Such regulations require that all owners, prospective
owners, and tenants af properties constructed prior to 1978 be properly notified tl�at 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. SpeciaCAssessments
Provider shall not attempt to recover any capital costs of public irzxpxovez�nents assisted in whole
or in part with funds provided under Section 106 oi the Act (42 USC 5306) ar with amounts
resultxng from a guarantee under Sectian 108 (42 USC 5308) of the Act by assessing any amount
against properties owned and occupied by persons of low and moderate incame, including any
fee charged or assessment made as condition of obtaining access to such public improvements,
unl�ss (1) funds received under Section 106 of the Act are used to pay the proportian 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 af the Act, or (2) for purposes af assessing any amoux�t
against praperties owned and accupied by persons of maderate income, the grantee certifies to
the Secretary of HUD that lacks sufiicient funds received under Section 106 of the Act to comply
with the requirements of subparagraph (1).
G. Acquisition, Rehabilitatian, and Demolitror� of Real Property and Displacement oj Persons
and Businesses
Provider shall comply with the "City of Clearwater, Hausing Division, Community Development
Block Grant Program Plan for Minimizing the Displacement of Persons As a Result of
Community Development Block Grant �'unded Activities" and "City of Clearwater, Housing
Division, Community Developrnent Block Grant Program Residential Anti-displacement and
Relocation Assistance Plan." Provider shall conduct any acquisition, rehabilitation, or
demoliti�n af real prnperty, and any negatiatians for acquisition, rehabilitatian or demolitian af
real property in compliance with the Uni:farm Relocation Assistance azad Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing
regulations at 49CFR 24 and 24 CFR 570.606. Uz�less speci£'ical�y permitted, the provider shall
not cause either ternporary or permanent involuntary displacement of persons or businesses. If
the provider causes the involuntary tempoxary or permanent displacement af any person or
business as a result oi Community Development Block Grant activities, it shall comply witk� th.e
City's "Plan to Assist Persons Actually Displaced by Community Development Block Grant
Activities," and Operatiang Age�xcy shall pravide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as requixed by the Uniforn� Relocation Assistance and
Real Property Acquisztion 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 Providez� hereby agrees to
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defend, ta pay, and to indemnify the City from and against, any and all claims and liabilities for
relacation 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
Pravider 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 afficer 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 af any Federal contract, the making af any Federal grant, the making of any Federal
loan, the entering into of any caoperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than F�deral 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 afficer or employ�e of Congress, or an employee of a Member af Cangress, in
connection with this Federal contract, grant loan or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form ta Report Lobbying," in accordance with its
instructions; and
It will require that the language of this paragraph H be included in the award documents far 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 31 USC 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,0�0 and not more
than $100,000 for each such failure.
SECTYON �V: TERM �F AGREEMENT
This Agreement shall be deemed effective upon approval and release af funds by the U.S. Department of
Housing and Urban Development and/or the Stat� af Florida and being duly executed by both parties,
vvhichever is later.
The term af this agreement sha11 be from October 1, 2010 to September 30, 2011. The term may be
amended if both execute a written agreement.
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SECTION V: TERMINATION
The City and the Provider agree:
A. This Agreement may be tez�minated by either party hereto by written notice of the other party of
such intent to terminate at least thirty (30) days prior ta the efFective date oi such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree
upon the termination canditions. A written notification shall be required and shall include the
�ollowing: 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 terminatia�, th� City
det�rmines that the remaining portion of the Agreement will not accoznplish the purposes of such
Agreement, the City may tezminate such in its entirety.
C. The City may place the Provider in deiault of this Agreement, and may suspend ar tez�ninate this
Agreement in whole, or in part, fox cause.
Cause shall include, but not be limited to, the follawing:
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 'unpossible or
infeasible.
d. k'ailure to respond in writing to any concerns raised by the City, includxz�g
substantiating documents when required/requested by the City.
Any evidence of fraud, mismanagement, and/or waste, as deternuned by the City's
rnonitaring of the Subrecipient, and applicable HCTD rules and regulatians.
2. The City shall notify the Provider in writing whez� tl�e Pravider 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 (15) days from
natification date.
The City shall notify the Provider in writing when sufficient cause is found for termination
of this Agz��ezr�ent. Tlae Pxovider 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.
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D. Let it be further understaad that upon curtailment of, or regulatory constrra.ints 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 furids are nv longer
available.
E. Costs of the Pravider 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 afitea termination which are
necessary and nat reasonably avaidable are allawable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation af it, and in the case of termination, are
noncancelable, and
2. The costs wauld be allawable if the award were not suspended or expired normally at the
end of the Agreement in which the termination takes effect.
F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the
Provider.
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 da not substantially change
the scope af the project and/or the Praject Implementatian Schedule or increase, the total amount payable
under this Agreement, shall be valid �nly when reduced to writing and signed by the City Administration
and the Provider.
The City shall nat reim.burse the Provider for outlays in excess of the funded amount of the Ageement
unless and until the City officially, in writing, approves such expenditure by executing a written
modification to the ariginal Agreement.
SECTION VII: METHOD OF PAYMENT
It is expressly understaod and agreed that the total compensation to be paid hereunder for actual
expenditures incurred shall be reserved in the amount of TWENTY SIX THOUSAND THREE
HUNDRED EIGHTY-ONE DQLLA.RS AND 00/l0U ($26,381.00) for salary support to implement the
agency's Legal Aid to Preservatian Housing Project.
It is expressly understood and agreed that the total compensation to be paid hereunder for actual
expenditures incurred sha11 be reserved in the City's Housing Poal. The Housing Pool may be comprised
of funding from the CDBG, HOME, and SHIP programs. There shall be no program income generated
through these programs by the Subrecipient.
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Subrecipients may access these funds after their projects have been approved by the City's Housing
Division. Prior to approval, all Subrecipients must forward to the City a praject analysis on each activity
they are requesting funds. Once approved by the City, a project reserve will be prepazed 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 reimbursernent are contained in "Exhibit A", as amended, of the "Underwriting Guidelines, Palices
And Procedures For pown Payment And Closing Costs Assistance - Housing Education, Counseling and
Foreclosure Pxevention/Counseling - Fee Schedule".
HOME funds made avai�able through this agreement are provided to the City o:f 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 ftulds will be made available on a%rst
come, first serve, and first eligible basis.
Each Subrecipient rnust present tk�e Cxty with a fozmal pay xequest once the project reaches the payment
standards identifed in the project description. Funds may be advanc�d for the purchase of vacant
properties on a case-by-case basis, as first approved by the City. Gez�erally payments to Subrecipients
will be forwarded upon rec�uest at the completior�/clos�z�g o� each project. The City will not be obligated
to pay clasing costs, taxes, insurance or lot maintenance on current or prior land �urchases.
Allawable payments wxlX be those as outlined in the City of Clearwater Program Guidelines for the
Housing Pool, as amended, that covers down payment and closing costs assistazice, infill housing
activities, rehabilitatian and housing education and counseling and foreclosure prevention and
counseling.
All projects/activities fiulded through the Housing Pool must be approved by the City prior to commitment
o� funds by the Provid�r, The Provider shal� certily that pragz�a�n participants meet all applicable program
requiz�ements and all k�omes z�ehabi�itated and/oz� canstruct�d naust meet all applicable building and local
codes. �'unds requested by the Provider must be for actual costs/fees and each request for xeimbursement
shall include source material for all referenced requests
The funds must be expended in accordance with the terms and conditions of the Ag,reement. Funds set
aside for this agency rnay increase or decrease, subject ta production perfaznna�nce. 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 accarnplishrnents and
budget descriptions attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthlv z'equests �or pay�ment for actual expenditures (or no expenditures
during the month), including applicable back-up documentation, no later than the tenth (lOth) day
of the succeeding month and the City will provide rezzz�bu�rsement, upan approval, within twenty
(20) working days after receipt af the same, and if all required documentatian is submitted with
request and if all documentation is correct.
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B. The City agrees ta pay the Provider for expenditures incurred under this Agreement on an as need�d
basis in accordance with the Budget and Praject Tmplementation Schedule attached hereto and
made a part hereaf as Appendix 1. Line item transfers are allowable only within each camponent
and may not exceed in the aggregate fifteen percent (15%) af each line item without prior written
approval of the City. All changes amounting to more than fifteen percent (15%) require prior
written approval.
SECTION VIII: E UAL EMPLOYMENT UPPORTUNITY
During the performance of this contract, the Operating Agency agrees as follaws:
1. The Operating Agency shall not discriminate against any emplayee or applicant for employment
because of race, color creed, religian, sex age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by applicable law.
The �perating Agency shall take affirmative action to ensure that applicants aze employed and
that employees are treated during emplayment 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 fallowing: Ernployment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensatian, an.d selection for training including apprenticeship. The Operating Agency
agre�s to post in conspicuous places, available to emplayees and applicants for employment,
notices to be provided setting forth the pravisions af this nondiscrimination clause.
2. The �perating Agency will, in all solicitations or advertisements for employees placed by or an
behalf of the op�rating Agency, state that all qualified applicants will receive consideration for
emplayment without regard to race, color creed religian, sex age, handicap, disability, sexual
orientation, ancestry, national arigin, marital status, or any other basis prohibited by applicable
law.
3. The Operating Agency will send to each labor union or representative of warkers with which is
has a collective bargaining agreement or other contract of understanding, a notice to be provided
advising the said labor wnion or wark�rs; 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 provisians of Executive Order 11246, Equal
Employment apportunity, of September 24, 1965, as amended by Executive Orders 11478,
August 8, 1969 and 120$6, October 5, 1978, copies af which aze 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 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 baaks, records, and accounts by HUD
and the Secretary of Labor for pwposes of investigation to ascertain compliance with such rules,
regulations, and arders.
13
6. In the event of the Operating Agency's noncomplia.z�ce with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract nnay be cancelled,
terminated, or suspended in whol� or in part and the Operating Agez�cy 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 se�tence immediately preceding paragraph
(1) and the pravisions of paxagraphs (1) through (7) in every subcontract or puzchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant ta
Section 204 of Executive Order 11246 a:f September 24, 1965, as amended, s� 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 zz�ay direct as a means of
enfarcing such provisions, including sanctions for noncompliance; provided, howevex, that in
the event an Operating Agency becomes involved in, or is threaten.ed with, litigation with a
subcantractor or vendor as a result of such direction by HUD, the Operating Agency z�ay
request the United States to enter into such litigation to protect the int�rests af the United States.
A. Equal Opportunity in Participation
The Provider shall adhere to the regulations established in the Hausing and Community Development
Act of 1974, and in conformance with City policy and all requirements imposed by or pursuant to the
Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Sectior� � 09, no person in
the United States shall on the ground 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 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 Comrnuniiy Developrnent
Block Grant Pragram funds.
B. Speci�c (not exclusive) DiscriminatoryActians Prohibited:
The �xovider may not directly or through contractual ar other arrangemez�ts, on the ground of race, color,
creed, religion, sexual axxentation, ancestry, national ozigxn, znaxital status, familial status, age handicap,
disability, sex or any other basis prohibited by applicable law:
(1) Deny any facilities, services, financial aid, or ather bene�its provided undear the progra�m
or activity.
(2) �'rovide any facilities, services, financial aid, or other benefits, which are different or are
provxded in a different �orm frorn that provided to others under the program or activiiy.
(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.
14
(4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by
others in connectian with facilities, services, financial aid or other benef ts under the
program or activity.
(S) 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.
(b) Deny any person with the legal right to work an opporiunity to participate in a program or
activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents, Women-�wned
Business Enterprxres, and Minority-Owned Business Enterprises
The Provider shall conform with the rules and regulations set farth under Secti�n 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 feasibl�, opportunities
for training and employment be given to lower income residents of the project area, and contracts for
work in connection with the praject be awazded ta 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 far
possible training and employment of lawer 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 af 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 effart f�asible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation or
invitation for bidders.
D. Nondiscriminatron rn 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 (�2 USC 3601 19, 31). In accardance with City policy and Title VI of the
Civil Rights Act af 19b4 (PL 88-352), in the sale, lease of other transfer of land 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, colar, 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 ar to be er�cted thereon.
The Pravider will comply with Title VIII of the Civil Rights Act of 1968 (PL 90-284, 42 USC 3601 et
seq.) as amended and will administ�r all programs and activities related to housing and cornrnunity
development in a manner to affirmatively further fair housing.
15
SECTION IX: CONFLICT OF INTEREST
The Pravider cavenants that no person, under its employ wk�o presently exercises any functions or
responsibilities in connection with Commun.ity Development Block Grant Program, HOME Investment
Partnership Program and State Housing Initiatives Program funded activxties, has any personal financial
interests, direct or indirect, in this Agreeme�t. The Provider covenants that in the perfarmance af this
Agreement, no persan having such conflicting interest shall be ernployed. The Provider covenants that it
�r�ill comply with all provisions of 24 CFR 570.611 "Conflict af �nterest", and the State Statutes governing
conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting int�rest or
apparent �mpropriety 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: INDEN�IFICAT�ON AND INSURANCE
The Provider shall indemnify and hold harmless the City from any and a11 claims, liability, losses and
causes of action, which may arise out of the Agreement. The Provider shall pay all claims and losses of
az�y natuxe whatsoever in connection therewith and shall defend or pay to defend all suits braught against
the City, when requested, and shall pay all costs and judgrnents which may be issued thereon.
Automobile and vehicle coverage shall be required when the use of autamobiles and other vehicles are
invoXved in any way in the pez�£oz�rr►a.�ce 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 evidence of the required insurance is not forwarded to the City within thirty (30) days after the
execution of this Agreement, this Agreement rnay be terminated at the City's option ata.d any payments then
due may be permanently withheld by the City and the Ciry will have no further obligation under this
contract ar any Subrecipient contract.
SECTIUN XI: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community develapmen,t 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 �roject progress against a previously established schedule is thraugh
pxoject evaluatian and reporting, which will consist of both written reports and stafF discussions on a
regulaz basis. The Provider also assures prampt and efficient submission of the �ollowing:
A. Monthlv Renorts - are due no later than the tenth (lOth) day of the succeeding month and shall
include the request for payment w�e� applicable. A rnanthl,�r report is due regardless if any �ur�ds
have been expended. Contents of the Monthly Report, attached hereto and made a part hereof as
Appendix 2, shall include but not necessazily be limited to tl�e £ollow�ing:
16
1. The "Financial Report & Implementation Summary" Form, which shall include the request
far payment and dacumentation, as applicable.
2. The "Program Activity Report"
3. The "Request for Reimbursement" Form
4. Instructions for Appendix 2 Forms
B. Fina[ Evaluatian - 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 prograrn's aperation. Further, such
report shall include statistical findings, which depict pragram 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 praject/activity
is considered "clos�d-out".
C. 4ther Repar7in� Repuirements may be required by the City in the event of program changes, need
for additional information ar documentation and/or legislation amendments. The Provider shall be
informed, in writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered
delinquent, and may be considered by the City as sufficient cause to suspend CDBG, HOME, and
SHIP payments to the Provider.
SECTION XII: AUDIT AND INSPECTIONS
At atay time during narmal business hours and as often as City and/ar Federal Gavemment repres�ntatives
may deem necessary, there shall be made available to representatives of the City and/or the Federal
Gavernment an opportunity to review, inspect or audit all records, documentation, and any other data
relating to all matters cavered by the Agreement.
An annual arganizatian audit shall be submitted to the City 120 days after the end of tYAe 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 OMB Circular A-110 Attachment F, OMB
Circular A-133. If this Agreement is clased-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 sha11 transfer to the City any CDBG, HOME or SHIP funds on hand (including program
income) or any accounts receivable attributable ta 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
17
control that was acquired or improved in whole or in part of wzth CDBG, HOME or SHIP flulds, 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 Provider shall pay to the City ar� amouuxt equal to the current to the cuirent
market value of the property less any portion of the value attributable to expenditures o� non-CDBG,
HOME or SHIP �ur�ds f�r the acquisition oi or improvement to, the �raperty.
SECTION XIV: COMPLIANCE WITH LOCAL STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulatians as they may apply to program
administration. Additionally, the Provider wi�l cornply witk� all state and local laws and ordinances hereto
applicable.
��_xi]I.IM [U►�;�•A� �] �] Y 11 [�)►/:� r[K��`►i��I 1�[��►�y�►iT�Ii u ����tiT►i
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 Partnexship Parogx�axx� Funds and State Housing Iz�itiatives Partnership Funds, and must
be implemented in full com�liance with all of HUD's and the State of Florida rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will nat be
available and that this Agreeznent will thereby terminate effective as of the time that it is determined that
said funds are no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the
City or any individual rnernber of the City Commission thereof personally for the performance of this
Agreement and all af the parties hereto shall be released from �urther liability each to the other under the
terms of this Agreement.
1s
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials an the day and date first above indicated.
Countersigned:
— , �
� ,.
Frank V. Hibbard
Mayor
Continued:
Approved as to form:
Laura Mahony
Assistant City Attorney, II
ATTEST�
�"' i�'��-.� 2.¢s
Board Secretary
a �G jo
Date
CITY 4F CLEARWATER, FLORYDA
By: �
William B. Horne, II
City Manager
Attest:
19
����,oFr��i��
� 'y1 � I y �. �,
� �~ � ,r;
� �;
�t�t�y _� �'y
T.A,_ ~�— .�(�-�i
Rosemarie Call, MPA, CMC
City Clerk
APPENDIX 1
Provider's Program Budget
Gulf Coast Legal Services, Inc. FY 10-11
�r�,i;'���r iCate or ,,�,;rr��,,; a:;r.�Ainounth:,���� ,,d�,�uii,��Other.� unds y,�,ti��; �O e�!Fundin ',Tota ;,�'I,:
��.� ,9. Y�;,; ,,,,,� ;:, , �� �� y� ,,: w' .,,,,, �; ir�:;;,�,,,,. �,, ,,��
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�.�,i'�� r.11� Yl �i �t �� C'�* ,:�• 1' � �I'I 1 . � � �i �'I�I �
i';17� ,�a ,FP';�.. ,.,��,i:!i�u (�a P :i ..i;.h,M�� iG. iN� N Ih, . h 'i� i:; ;iM ��,:il' ���; �J. Y�J��I�IGibi�ta:i'�, ��'i i:' �r�..0 �:i'' �'il��, ,Ij,
,^p�,Gh�h�I,R,a �l ,��� ,,,�,, .,' �w I� ,� ,. � � . �:�.� a ���� '''�r ,:h�'i,:"° I ,r ,� ���. �'' ; �.I l' b�
I �i:r41''::��'�Y.�a���,��i�. id,llr'� �;C��'��,��,:i ���i.� I �i I, p,�ji a!it �'I+' !, ;'r. J�V�i. i, ���r,.i ,�ii,i��i:iqi6l ���i��'���'d
�;�i �;; ,��r �;�[Re ues�. �� ��' � 3 ,i;,.�� ,� � S�ii�rces �
.�:�I �• ��:r., a „� �, :;i �u° �'�.�I .�,�, I..� I. ..a., 'r;;� ;'?�::,.a,,��;,
+i9,y�,i: i.• „i..,i+,:i 'ii�l 1a q,.;q:,,i, � .'��i ;�, p i „�i�q,i..ui 1�n I:,�:.�i.i� Ii„;�o:,I.
y'�' ly',. ,}! .� I' i,,. �` I, I� ii,i i, �';'
i. � � �' . } I ��
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���V�����i `ii�il,, i�ll„�r� �I . � Ni� jp �i�„ ,Id ' � I. '�',.� lii��. � �' Lu
.y..N,�+ ���N �h .,'r::. �" fl� .t�: .i.�•,�u �i�7�.,��! }IYp I� ��1�� .yij�i. ������.
r,l�;i I�, 1 I����I��. I ?�., t...� rl"I � I:n ,U�w �:g,.�� �I�I ,�n���i '�I.I�i9
i7�M.�� �.,�'� fi. I '���i��' N l ��. I: :�1�2���M t�r..i� X'' I' ��I� ,�il,�,,'i 'I�I � � I�"i;�
I�p• �II. I i �� y �'�:' ,�iti��„,... r7'�. 'IP�, 16.
L� ` li..i ���,lijlE ' I I� I. I�'�;Ci�' . Il i �i' ir i,� i;...,:
.11°; a ^�.••'I',, {"'' i� i � I�i�
•..-0 Ili I,I. �I�i.i '�6i�.
..:�.. i.l'; ^�Ijl'iY'i` �IJ�� �il� Ii1N'�'� �I� �I'I��"
' F' �l .�.�.� Ia^� �tl� �Vt ''"I'�'� tl �,M��� ,I.fe I ^I�I�i� �I III
��,l�,l!, .,h�. ,�j' ilii II� J, „p I �I
.'lY,�ii.' .I�. � �' :I,� � � i �ill. �il��.,,,�.,1
�,M ''Ia[ 'qli � '��� ''�I
'P i ::i��° �ai; udi�+v'� I�:�� I� ��
i��,.. :,�.,,. ,� ,!k �;f,;' µ. i ��w��Clr,,i�,�� ,., � M R.�`A osed, �., '� Com mitted i�, f����,�,,�, ,.� i��' ���. ,�,,�,u��,,. , �IJ,
�.,��.,i �''ii'a � �� i., u�� �
LegalAssistance $ 26,381.00 $ 26,381.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
� -
$ -
. � _
. $ -
$ -
$ -
$ -
$ -
�r;�;"'�' 'Total $ 26,381.00 $ - � - ;,�I,I�,�; � $ 26,381.00
APPENDIX- 2
Fwm �e+.rsea asr2ma
City of Clearwater
. Economic �e�elopment 8 Housing Departrnent
,i, . Consolidated Action Plan FiscaF Year 2010-2611
.� � Program Acti�ity Report
TE11
Morrth
Name: Pro9mm�
Cllent Incomes as a 9b of Nledian Clfent Racial Statlsdcs Head of Houaehold
Am IndieN
Americen Na6ve Am Indianl Blackl Alsakan Spaciel
Tolal Black! indiaril Haweiianl Aleskan Asian Afican Na6ve & Olher AaiaN To�l Needs
Below Belwae� Between Clie�p AiricaN Alaskan 011u Paci�c Hative 8 8 American 81eck1Airicen Muw- Pacific CGerrls E1deAy
50% 5045 & 86% 8096 & 12096 Ssrved Whi[a Ameri��n Aakan Nativa Islender VYhite WNIe & 1Mii[e American Racial Islender Fiispar�c Served Femele Hend�cepped
a o
a o-
o= fl -
0 0 ==
o -=n=-
Tota�s I a
�_�
■_�
■_ �
■_ �
■_ �
■_ �
�ao
�� �.� +
Columns C tlwu E[Cfi�st Incomes] = Column F{fotal CGents], which 's formatted !o total
Columns G Shru i2 Client Rada! Stats = Coivmn S olal Clients}, which is fortnatted to total
Columns F 8 S otal CLents Served should match =
Columns T& U Head of Household ma or m ssot indiv�duall uai TWa1 Clients Served
For CoYumns T� U H�d of Househokl , show zero for months not a icabie
Cell_F3t__ =_=(GOALS) InseR figiue frwr�yoiu agencys appTcatioq(praposed # oipogram beneflciaries). _-
- __ = _if fidure:iii�%rs trom aoolication. orovide exafanation irt commersis box. - - - - - -_
1
4� 4 i o i o-i a
Comments:
a
0
0
.�_-
�������
Fartn Revised: OS1271i0
h+SEALwm �
� �,I �, �+a
� = o
���'�4TEA��'��
APPENDIX - 2
City of C�earwater
�conomic De�elopment 8� Housing Departmeni
Consolidated Action Plan �'iscal Year 201U-20'['1
Financial Report & Implementaiion Schedule
Name: ; : . - - -' . ` - _ . Program:
Beginning ;. -_Program:.
-=�lilonth� °-_ _ :E�ended;= - , . Encumbered -EndingBalance
- - - -- 8alance '- Income - -
ootobe� � _ s -
Navember $ - $ -
December $ - $ -
Janua S - $ -
Febn3a S - $ -
March $ - $ -
April $ - $ -
May $ - S -
June $ - $ -
Ju[ $ - $ -
Au usf $ - $ -
5e tember $ - $ -
Totals .-_. _ . _ - --
- . 5 - 5 - $ -
_Petcentage_Expended_. #DkVJO! 4riecor_�Under}Target #DIVI4!
Commenfs:
2
�' � .I�. -I �Y �������� ♦ � I .�
■�■�■■■■���■e
■■■■■■■■■■■■ �
■■■■■■■■.■■■ �
■.■■■■■■■■■■ �
■■.■■■■■■■■■ �
■■�■�■■��■�■e
eeeeeeeeeeeee
� - - . . - � �������������
���■�■��■�■■e
■�■■■�■■■■■■e
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■■■�■■�■�■■�e
�
■
■■■�
■■�■■�■e
■■■■■■■■■■■■�'
�������������
Form Revised: 08/27/10
APPENDIX - 2
CITY OF CLEARWATER
Economic Development & Housing Department
Housing Divisian
Consolidated Action Plan FY2010-2011
Request for Payment
Periad of: .. ... _,. .. ..,''...- .�� ;J� �,....,, r�h;�„.��:�,i�.:...
nvoice um er
or Invoice 17ate Description Amount
(if no Invoice #)
Totals $
• ;, ��,o�;;;�p �d:','r�i
Make Check Payable to: ��h�����I��C��� ii��r��,:�'I�;��ri,iw,�:���.�,.`��, .�.: .,, tl� y;�;`�'�i
We request payment for the attached invoices, as provided for in the terms pf our contract with the City of
Clearwater, dated 10/1/2010.� . We certify to the best of our knowledge that we have complied
with all applicable federal, state and local laws, regulations and ordinances.
Attach invoices and supporting documents
For Internal Use Onlv:
Funding Source:
Approver's Initials:
Date:
Agency Name
Name and Title
Authorized Signature Date
3
APPENDIX 1
Provider's Program Implerr�entation Schedule
Gulf Coast Legal Services, Inc. FY 10-11
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APPENDIX 3
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUSJECT TO EXECUTiVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incorpoxated into any contract for
cvnstxuction wark, or modification thereof, as defined in the regulations of the Secretary of Labox at 41
CFR Chapter 60, which is paid for in whole or in part with funds obtained from tkie Federal Government or
barrowed on the credit of the Federal Government pursuant to the grant, contract, loati insurazace, or
guarantee, or undertakez� puxsuant to any Federal program involving such grant, cantract, loan, insurance,
or guarantee, the following Equal Opportunity clause:
Duzing the perfarmance of this contract, the contractor agrees as follows:
(1) The contractar will not discriminate against any employee or applicant far 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 ern�loyment without regard to
their race, colox, religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, dernotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other fortns of compensation; and selectian of training,
including apprenticeship. The cantractor agrees ta 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 quali�ed applicants wx�l recexve 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
callective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or warkers' representative af the cantractar's cammitmez�ts uzxder this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
�mployment.
(4) The contractor will comply with all provisions of Executive Order 11246 oi September 24, 1965,
and o£the rules, regulations, and relevant arders of the Secretary of Labor.
(S) 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 Labar for purposes of investigation to ascertain cornpliance with such rules,
regulations, and orders.
(6) In the event of the contz'actor's no�-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 xn part and the contractor may be declared ineligible for further government
1
contracts ar 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 provisians of paragraphs (1) thraugh (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 tak� such action with respect to any subcantract 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
involv�d in or is threatened with, litigatian with a subcontractor or vendor as a result of such
direction by the administering agency, the con.tractor 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 emplayment 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 ta any agency, instrumentality or subdivision of such government which does not participate in
work on ar 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 campliance 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 modificatian
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or wha has not
demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carty aut such sanctions and penalties far violation of the equal opportunity
clause as may be irnposed 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, laan, insurance
guarantee); refrain from extending any further assistance to the applicant under the pragram 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 apprapriate legal proceedings.
_ , .. . .. .__ m ._. __ __ .. ......�
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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 praviding
direct Federal financial assistance fram the Department af 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. 1701u. Section 3 requires that to the greatest extent feasible, apportunities for
training and employment be given to lower income residents of the project area, and contracts for
work in cannection with the praject 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 cantract. The parties to this contract certify and agree that they are under no cantractual or
other disability, which would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or represez►tative of workers with which he has
a collective bargaining agreement ar ather cantract 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 canspicuous places available to employees and applicants for
employment or training.
D. The contractor will inciude this Sectior� 3 Clause in every subcontract far work in connection with
the project and will, at the direction of the applicant for or recipient of Federal financial assistance,
take appropriate actior� pursuant to the subcontract upon a fmding that the subcontractor is in
violatian of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135
The contractox wi11 not subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulatioz�s under 24 CFR �35, az�d will not let any
subcontract unless the subcontxactor has first provided it with a preliminary statement of ability to
comply with the requirements of these regulations.
E. Compliance witl� th.e 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 tk�e federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, its successars, and assigns. Failure to fulfill
these requirernents shall subject the applicant or recipient, its contractors and subcontractors, its
successors, and assigns to those sanctio�s specified by the grant or loan agreement or contract
thraugh whick� Federal assistance is provided, and to such sanctions as are specified by 24 CFR
135.
3
D
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S�P 1 2010
ECQNOMIC DEVELOPMENT D�FARTMENT
HOUSING DIVISIQN
CITY OF CLEARWATER