SUBRECIPIENT AGREEMENT FY 2010-2011 - HOUSING POOL ACTIVITIES & EDUCATION/COUNSELINGCITY OF CLEARWATER, FLORIDA
AND
LARGO AREA HOUSING DEVELOPMENT CORP
FY2010-2011
SUBRECIPIENT AGREEMENT
(Housing Pool Actfvities & Education/CounselfngJ
THIS SUBRECIPIENT AGREEMENT as entered into on this 15` day of October 201 Q, 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, hereinafter referred to as the "Provider" ar "Subrecipient", whose principal
address is: 2139 N.E. Coachman Raad, Clearwater, FL 33765.
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and
Urban Development (HCTD) for the purpose of canducting a Housing and Community Development
Program with federal financial assistance under Title I ofthe Housing and Community Development Act of
1974, as amended, hereinafter called "Act" (42 U.S.C. 5301 et seq.); and the Cranston-Gonzalez National
AfFordable Hausing Act of 199� (42 U.S.C. 12701 et seq.); and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and
Urban Development for the purpose oi conducting the Community Developrnent Block Grant (CDBG) (24
(CFR 57p) and the HOME Investment Partnership (HOME) Program (42 CFR 92) with federal assistance
under Title TI of the Cranston-Gonzalez National Affardable Housing Act af 1990, as amended (42 U.S.C.
�2701-12839); and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of
cnnducting the State Housing Initiatives Partnership (SHIP) Program with State of Florida assistance under
the William E. Sadowski Housing Act (Section 420.907 - 420.9Q79, Florida Statutes, a.nd Ru1e 67-37,
Florida Administrative Cade (FAC)) which was signed into law on July 7, 1992; and
WHEREAS, the City has deternnined thraugh its Fiscal Year 2005-2010 Consolidated Plan a�nd
FY2010-2011 Consolidated Action Plan, which was adapted on July 15, 2010, the necessity for providing
affordable housing opportunities and housing education and counseling services to very-low to moderate
income households residing in Clearwater;
WHEREAS, the City desires to engage the Pravider to render certain services in connection
therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
�
The Provider agr�es to provide City funds for the provision of educatianal, down payment assistance and
clasing costs assistance to households who are very-low to moderate income in accordance with the City's
"Hausing Pool — Underwritxz�g Guideliz�es, Polices and Proc�duxes", as amended, all in accordance with the
projected accomplishments attackxed and made a fully binding part of this Agreement, as Appendix 1, as
foX�ows:
Fwn.ds will be made available to the Provider to for program delivery fees and loanable funds operate
their Homeawnershzp Opportunity Progranz that provides h.omeownership opportunities to low to
rnaderate income families tluough the acc�uisition and developrnent of housing units and/or the
acquisition of existing structures, rehabilitation and resale of the affordable housing units.
SECTION II: CONDITIUN OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible very-low and moderate-�ncome persans living in CXearwater. The
Provider shall certx£y that the activities carried aut with funds provided under tb.is Agreement will
zneet one or rnore of the CDBG program's Natzonal Objectives —1) benefit low to moderate income
persans, 2) aid in the prevention o�r elimination o:f slum and blight, 3) meet community
deve�opment needs k�aving a particulax urgency — as defined in 24 CFR 570.208 at�d all applicable
rules and regulations as contained in the federal H�ME Inveshnent Partnership and State af Florida
State Housing Initiatives Partnership (SHIP) programs.
B. The Provider shall maintain in its file the documentation on which basis it determines that the
project benefits law and moderate-income persons, minorities and residents af Clearwater. Such
records shall include, but not be lunited to profiles identxfying fmancial classificatian, head of
hausehold, ethnicity, race and gender, or area benefit data, as required.
C. The Provider shall maintain a citizen participation mechanism, which will include, but not be
limited to the following:
1. Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Capies of responses to complaints and/or explanatians of resolutions to complaints.
D. The Provider sk�all comply with Subpart c— Post Award Requirements of the Office of
Management and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements fox
Grants and Agreements with Institutions af Higher Education, Hospitals and Other Non-Profit
Organizations", incorporated by z'eference into this Agx-eement.
`�
E. Costs incurred under this program shall be in compliance with �'ederal Management Circular No.
A-122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this
Agreement.
�'. The Provider shall abide by thase provisions af 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
fttnds fram the U.S. Department of Housing and Urban Development and/or the State of Florida.
�'urther, it is expressly understood that in the event no funds are released from the U.S. Department
of Housing and Urban Development and/or the State of Flarida 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 af 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 pragram accessibility to people with disabilities, and agrees to
defend, hold harniless and indemnify the City frarn and against any and all liability for any
noncampliance on the part of the Operating Agency. Funds awarded under this Agreement xnay
be de-obligated shauld any of the following occur.
(1) Notification by HUD ta the City that said project is ineligible because of project
lacation, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the City that said proj�ct is deficient and that continued suppart
of the project is not praviding an adequate level of services ta 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 pragress or completion deadlines;
(5) Materially fails ta comply with any provision of this Agreement (which may result in
suspension or termination in accordance with 2� C�'R 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 natificatian from the City that the federal environmental
review process has been completed;
(8) Violates Labor Standazds requirements; or
�
(9) Fails to comply with written notice fr�m the City of substandard performance under the
terms of this Agreement.
I. The Pravider sha11 certify, pu.rsuant to Section 109 of the Act, that no person shall be denied the
benefits of the program an the ground of race, color, national origin or sex.
J. The Provider agrees tl�at to the extent that it staffs the Program with personnel not presently
ernployed by said party, it will take aiiumative action in attempting to employ low income persons
xesiding in the City of Clearwater, particularly minority group members.
K. The Provider shall comply with the provisions af 24 CFR 570.504 (c), "Program Income" and z�eet
the definition of �xogram income defined in 24 CFR 570.500 which generally states that program
income is gross income received by the recipi�nt or a Subrecipient directly generated from the use
af CDBG funds. All program income gez�erated through the use of Community Development Block
Crrant, HOME Investment Partnership Program, an.d State Housing �nitiatives Partnership programs
shall be returned to the City withi�n 45 days after receipt by the Subrecipient. In those instances
where the City allows th.e sub-recipient to retain program income, these funds shall be expended �or
CDBG eligxble activities, previously approved by tl�.e City in accordance with the projected
accomplishments and budget descriptions attached to this Agreement. In addition, at the end of the
program year, the City may require remittance of a11 or part of any CDBG progrann income balances
(including investments thereo� held by the subrecipient (except those needed for irnmediate cash
needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash
' or investments held for section � 08 security needs).
L. The Provider shall transfer to the Cxty any CDBG funds az� hand at the time of expiration and any
accounts receivable attz�ibutable to the use o� CDBG funds. A11 real property acquired or improved
in whole or in part with CDSG fiu�ds in excess of $25,000 shall be:
(1) Used ta meet one oithe national objectives in Section 24 Ck'R Part 570.208 ux�til five years
aftex expiration of the agreemez�t, or fro such longer period of time as determined tn he
appropriate by the City; or
(2) If not used as stated above, the provider shall pay to City an amount equal to the current
market value of the property less any portion of the value attributable to expenditures on
nan-CDBG funds far the acquisition of or improvement to, the property. The payrnent shall
be considered pragram income.
A subrecipient receiving HOME funds must transfer to the City any HOME funds on hand at
the time of expiration o� this Agreement and any accounts receivable ariributable to the use af
HOME funds.
A subrecipient of SHIP funds recognizes that funds rnay xevert to the City in accordance with
the provisions of the City's local housing assistance plan.
M. The Provzder shall comply with First Amendznent Church/State principles, as follows:
4
1. It will nat 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. Tt will nat discriminate against any person applying far public services on the basis of
religion and will nat 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 ar
services, engage in no religious proselytizing, and exert no other religious influence in the
provision of such public services.
4. The portian of a facility used to provide public services assisted in whole or in part under
this Agreement sha11 contain no sectarian or religious symbals or decorations.
5. The funds received under this Agreement shall not be used to canstruct, rehabilitate, or
restore any religious facility which is owried 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; aze located in a structure used exclusively for non-religious
puxpases; and constitute, in dollar terms, only a minar partian of the CDBG expenditure for
the public services.
N. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG, HOME
and/or SHIP funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG, HOME and/ar SHIP funds. The following restrictions and limitations apply to any
real property under the Provider's cantrol, which was acquired or improved in whale or in part with
CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations, 24 CFR Part 570.208 until five years or such longer
period of time as deternuned appropriate by the City after expiration of the Agreement.
Land-banking is a prohibited activity under the City's programs.
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reirnbursed in the amount of the current
fair market value of the property, less any portion thereof attributable ta expenditures on non-
CDBG funds for acquisition of, or improvement to, the praperty. 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, desc�iptions of the
sponsorship of the project, research reports, and similar public notices prepazed and released by the
Frovider shall include the statement:
5
FUNDED BY
THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAMS
Tn written materials, the words "C�TY OF CLEARWATER COMMUNITY DEVELOPMENT
SLQCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS,
AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FUNDS
ADMINISTERED SY 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 Pravider.
P. The Provider shall ensure the following when entering into a sub-cantract agreeme�t:
1. The fitll correct legal name of tk�e party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
Q. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of thxs Agreement, the Community Developme�t
Block Grant Program and all applicable �aws and regulations.
This documentation shall include, but nat be limited to, the following:
Books, records and documents in accordance with generally accepted accounting principles,
procedures and pxactices which sufficiently and properly reflect all z�evenues and
expenditures �f funds provided directly or indirectly by this Agreement, including matching
funds and pxogram income.
2. Time sheets foz� split-funded employees who work on more than one activity, in order to
record the CDBG, HOME, ancUor SHIP activity delivery cost by proj�ct 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 ir�clude special requirements such
as necessary and appropriate determinations, income certi�ications, and written agreements
with beneficiaries, where applicable.
R. The Frovider is responsible for maintaining and stoxxz�g all records pertinent to this Agreement in an
orderly fashion in a readily accessible, pezmanent and secured locatian for a period of five (5) yeazs
after expiration of this Agreement, with the followi�g exception: if any litigatian, claim or audit is
started before the expiration date of the three year period, the recards will be maintained untxl all
litigatian, 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 ta be kept.
SECTION III: OTHER CONTRACTUAL PROVISIONS
A. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for
less than eight households, the provider and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair af any building or work iinanced
in whole ar in part with assistance provided under this Agreement are subject to the federallabor
standazds provisions which govern the payment of wages and the ratio of apprentices and trainees
to journey workers. Under the terms of the Davis-Bacon Act, as amended, the provider is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of
Labor, and shall pay overtirn� compensation in accordance with and subject to the pravisions of
the contract Wark Hours and Safety Standazds Act (40 USC 327-332), and the provider shall
comply with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standazds, including the Copeland "Anti-Kickback" Act.
Provided, that if wage rates are higher than those required under the regulations are imposed by
State or local laws, nothing hereunder is intended to relieve the provider of its obligation, if any,
to require payment of the higher rates.
B. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protectian Act of 1973 (PL
93-234). Use of any assistance provided under this Agreernent for acquisition or construction in
an area identified as having special flood hazards shall be subject ta the mandatory purchase of
flood insurance in accordance with the requirements of Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution ControCAct (�4pplicab[e to Co�tracts and Subcontracts
Which Exceed �IOG,000
The provider shall comply with and require �ach subcantractor to comply with all applicable
standards of the Cleat� 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
Enviranrnental Protection Agency with respect thereta, at 40 CFR Part 32 as amended from time
to time.
D. Provision of the Hatch Act
Neither the provider program nor the funds provided therefore, nor 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 1 S af Title 5, USC.
7
E. Lead-Based Paznt
Any grants or loans mad� by the provider for the rehabilitation oi residential structures with
assistance provided under this Agreement shall be made subject to the provisians for the
elimination of lead-based paint hazards under 24 Ck'R Part 35. Operating Agency wi�l 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 owz�ers, prospective
owners, and tenants of properties constructed pr�or to 1978 be properly notified that such
praperties may contain �ead-based paint Suck� notification shall point out the hazards of lead-
based paint and explain the syrnptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
F. Special Assessments
Provider shall not attempt to recover any capital costs of public irnprovements assisted in whole
or in part with funds pravided under Section 106 of the Act (42 USC 5306) or with amounts
resulting from a guazantee under Section 108 (42 USC 530$) of the Act by assessing any amount
against properties owned and occupied by persons of low and moderate income, iz�cluding any
fee charged or assessment made as conditian of abtaining access to such public improvements,
unless (1) funds received under Sectioz� 106 of the Act are used to pay the proportion of such fee
or assessment that z��lates to the capital costs af sucl� public improvements that aze financed from
revenue sources other than under Title 1 of the Act, or (2) for purposes of assessing any amount
against properti�s owned and occupied by persons of moderate income, the grantee certifies ta
the Secretary of HUD that lacks su�ficient funds received under Section 106 of the Act ta comply
with the requirements of subparagraph (1).
G. Acquisition, Rehabilitatzon, and Demolition oJ Real Pwaperty and Displacement of Persons
and Businesses
Provider shall comply with the "City of Clearwater, Housing Division, Community Development
Block Grant Progxam Plan for Minimizing the Displacement of Persons As a Result of
Coznmunity Development Block Grant Funded Activities" and "Ciry oi Clearwater, Housxng
Division, Cornmunity Development Block Grant �rogram Residential Anti-displacement and
Relocation Assistance Plan." Provider shall canduct any acquisitian, rehabilitation, or
demolitian of real property, and any negotiations for acquisition, rehabilitation or demolition of
real property in compliance with the Unifoz7m Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amer�ded, Section 104(d) of the Act, and the implementing
regulations at 49CFR 24 and 24 CFR 5�0.606. Unless specifically permitted, the provider shall
not cause either tempoxary or permanent involuntary displacement of persons or businesses. If
the provider causes the involuntary temparary or permanent displacement of any person ox
business as a result of Community Develapment B�ock Grant activities, it shall comply with the
Ciry's "Plan ta Assist Persons Actually Displaced by Community Development Black Grant
Activities," and Operating Agency shall pravide all notices, advisory assistance, relocation
benef ts, and replacement dwelling units as required by the Uni£oxm Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as a�nended, Section 104(d) af the Act, and the
implementing regulations at 49 CFR 24 and 24 CFR 570.606. The Provider hereby agrees ta
8
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.
H. Lobbying Restrictions
Provider certifies that, to the best of its knowledge and belief:
No Federal Apprapriated 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 Cangress, or an employee af a Member of Congress in cannection 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, laan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any persan
for influencing ar attempting ta influence an officer or emplayee 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 laan or caoperative agr�ement, it will complete and
submit Standard Form-LLL, "Disclosure Form ta Report Lobbying," in accordance with its
instructions; and
Tt will require that the language of this paragraph H be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and cantracts under grants, loans and
caoperative agreements) and that all Subrecipients shall certify and disclose accordingly.
This certifcation is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
SECTION IV: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S. Departznent of
Housing and Urban Development and/or the State of Florida and being duly executed by both parties,
whichever is later.
The term of this agreement shall be from October 1, 2010 to September 30, 2011. The t�rm may be
amended if bath execute a written agreement.
9
SECTION V: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice oi the other �arty of
such intent to terminate at least thirty (30) days priar ta tk�e 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 notifcation shall be required and shall include the
following: reason for the termination, the effective date, and in the case of a partial terminatian, the
actual portion ta be terminated. However, if, in the case �f a partial termination, the City
determines that the remaining portion of tY�e Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be lirnited to, the followxz�g:
a. Failure to comply and/or perform in accordance wi�th this Agreement, or any federal
statute or regulatior�.
b. Submitting reports to the City, which are late, inconrect or incomplete in any
material respect.
c. Tmplementation of this Agreement, for any reasan, is rendered impossible or
infeasible.
d. �aiXwre to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by t1�e City.
e. Any evidence of fraud, misrnanagement, and/or waste, as determined by the City's
monitoring of the Subrecipient, and applicab�e H[.1D rules and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default.
Such notification shall include actions taken by the City, such as withholding of payments,
actions to be taken by the Px�vider 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 Provider in writing when sufficient cause is found far tezmiz�ation
of this Agreement. The Provider shall be given no more than fifteen (15) days in which to
reply in writing, appealing the termination priar to final action being taken by the City.
10
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds
of the U.S. Department of Housing and Urban Development and/or the State af Florida, this
Agreement will terminate effective as of the time that it is determined such funds are no longer
available.
E. Costs af the Provider resulting from obligations incurred during a suspension ar after termination,
are not allowable tu�less the City expressly authorizes th.em in the notice of suspension or
termination ar subsequently. Other costs during suspension or after termination which are
necessary and not reasonably avaidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are nat in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the awazd were nat suspended or expired normally at the
end of the Agreement in which the termuaation takes effect.
F. Upon termination oi 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, variatians, modifications or waivers of this Agreement shall only be valid when they have
been reduced in writing and duly signed by both parties. Any char�ges, which da nat 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 Provider.
The City shall not reimburse the Provider 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
It is expressly understood and agreed that the total compensation to be paid hereunder for actual
expenditures incurred shall be reserved to implement the Provider's Homeownership Oppartunity
Pragram.
It is expressly understood and agreed that the total compensatian to be paid hereunder for actual
expenditures incurred shall be reserved in the City's Hausing Pool. The Housing Pool may be comprised
of funding from the CDBG, HOME, and SHIP pragrams. There shall be no pragram income generated
through these programs by the Subrecipient.
11
Subrecipients may access these funds after their projects have been approved by the City's Housing
Divisian. Prior to approval, all Subrecipients must forward to the City a project analysis on each activity
they aze requesting funds. Once approved by the City, a project reserve will be prepared for the
Subrecipient to use on all eligible project costs.
�or Housing Education and Counseling, type activities, the allowable amounts that a Subrecipient can
submit reimbursement are contained in "Exhibit A", as amended, of the "Underwriting Guidelines, Polices
And Procedures Far pown Payment And Closing Costs Assistance - Housing Education, Counseling and
Foreclasure Prevention/Caunseling - Fee Schedule".
HOME fiuids made available through this agreement are provided to the City of Clearwater by the U. S.
Department of Housing and Urban Development. These funds are placed in a Housing Pool for housing
development activities by local housing providers. Access to these funds will be made available on a first
come, first serve, and first eligible basis.
Each Subrecipient must present the City with a formal pay request once tk►e project reaches tk�� payment
staz�dards identified in the pxoject description. Funds may be advanced for the purchase of vacant
properties on a case-by-case basis, as first approved by the City. Generally payments to Subrecipients
will be foxwarded upon request at the completion/closing of each project. The City will not be obligated
to pay closing costs, taxes, insurance or lot maintenance on cuxrent or prior land purck�ases.
Allowable payments will be those as outlined in the City af Clearwater Program Guidelines for the
Housing Pool, as amez�ded, that covers down payment azad closing costs assistance, infill housing
activities, rehabilitation and housxng education and counseling and foreclosure prevention and
counseling.
All projects/activities funded through the Housi�g Poal must be approved by the City prior to commitmen.t
of funds by the Pravider. The Provider shall certify that pragram participants meet all applicable program
requirements and all homes rehabilitated ancUor constructed znust meet all applicable building and local
codes. Funds requested by the Provider must be �ox actual costs/fees and each request for reimbursement
shall include source material for all referenced xequests
The funds must be expez�ded in accordance with the terms and conditions of the Agreennent. Funds set
aside for this agency may increase or decrease, subject to prvduction performance. Production will be
reviewed quarterly and will be based upo� the goals the Provider estabXished in their program
implementation schedule. Any remaining balance of funds shall revert to the City or other appraved
provider(s). Such compensation shall be paid in accordance with the projected accomplishments and
budget descriptions attached hereto and made a part hereof as Appendix 1.
A. The �rovider shall submit monthly requests for payme�t for actual expenditures (or no expenditures
during the month), including applicable back-up documentation, na later than the tenth (lOth) day
of the succeeding month and the City will provide reimbtu�s�ment, upon approval, within twenty
(20) working days after receipt of the sazne, and if all required documentatioz� is submitted with
request and if all documentation is correct.
12
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on an as needed
basis in accordance with the Budget and Project Implementation Schedule attached hereto and
made a part hereof as Appendix 1. Line item transfers are allowable only within each camponent
and may not exceed in the aggregate fifteen percent (15%) of 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 OPPORTUNITY
Dwring the performance of this contract, the Operating Agency agrees as follows:
1. The Operating Agency shall not discriminate against any employee or applicant far employment
because af 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 arientation, ancestry, or national origin. Such
action shall includ�, but not be limited to the following: Employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training including apprenticeship. The Op�rating Agency
agrees to post in conspicuous places, available ta employees and applicants for employment,
notices ta be pravided setting forth the provisions of this nondiscrimination clause.
2. The �perating Agency will, in all solicitations or advertisements for employees placed by or on
behalf of the operating Agency, state that all qualified applicants will receiv� consideratian far
employment without regazd 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 warkers 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 ta employees and applicants for employment.
�. The Operating Agency will comply\ with all provisions of Executive Order 11246, Equal
Employment opportunity, of September 24, 1965, as amended by Executive Orders 11478,
August 8, 19G9 and 1208G, Octaber 5, 1978, copies of which are on file and available at the City
and of the rules regulations, and relevant orders of the Secretary of Labor.
S. The Operating Agency will fiunish 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 boaks, records, atid accounts by HUD
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulatians, and orders.
13
6. In the event of the Operating Agency's noncampliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this car�txact may be cancelled,
terminated, or suspended in whole or in part and the Operating Agency may be declared
ineligible for further Government contracts or %derally assisted construction contracts in
accordance w�tk� pxocedures authorized in Executive Order 11246 of September 24, 1965, as
aznended, and such other sanctions may be imposed and remedies invaked 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 portian of the sentence immediately preceding paragraph
(1) and the provisions nf paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or ord�rs af the Secretary of Labor, issued pursuant to
Section 204 0� Executive Order 11246 of September 24, 19d5, as amended, so that such
provisions will be binding upon each subcontractor ar 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 �oz�compliance; 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 such direction by H[JD, the O�erating Age�cy rnay
request the United States to enter into such litigation to protect the interests of the United States.
A. Equal Opportunity in Participation
The Provider shall adhere to the regulations established in the Housing 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 ta Sect�on 109, na person in
the United States shall on the ground of race, color creed, religion, sex, age, handicap, disability, sexual
o�iez�tatior�, ancestry national origin, marital status, familial status, or any other basis prohibited by
applicable law be exc�uded from participation in, be denied the benefits of, or be subjected ta
discrimination under, and program or activity funded in whole or in part with Cammunxty Development
Block Grant Program funds.
B. Spe�ific (not e�clusive) Discriminatary Actians Prohibited:
The Provider may not directly or through contractual or other arrangements, on the ground of race, calar,
creed, religion, sexual orientation, ancestry, national origin, rnarital status, familial status, age handicap,
disability, sex or any ather basxs 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 benef ts, which are different or are
provided in a different �orm from that provided to othexs under tk�e program or activity.
(3) Subject to segregated or separate treatment in any facility, or in any mater or pracess
related to receipt af any service or benefit under the program ar activity.
��
(4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by
others in connection with facilities, services, �nancial aid or other benefits under the
program or activity.
(5) Treat an individual differently from others in detetmining whether the individual satisiies
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 wark an opportunity to participate in a program or
activity as an employee.
C. Business and Empinyment Opportunities for Lower Income Residents, Women-Owned
Business Enterprzses, and Mirtordty-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 f�asible, oppartunities
for train.ing 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 cancerns 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 cantract, 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 s�e Appendix 3.
If an Operating Agency solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation or
invitatian far bidders.
D. Nondiscrimination in FederalCy Assisted Programs
The Provider shall comply with Title VT of the Civil Rights Act of 1964 (PL 88-352, 42 USC 2000d et
seq.) and the Fair Housing Act (42 USC 3601 19, 31). In accordance with City policy and Title VI of the
Civil Rights Act af 1964 (PL 88-352), in the sale, lease af ather txansfer of land acquired, leased ar
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, colnr, 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 af such land or any improvements erected or ta be erected therean.
The Provider will comply with Title VIII of the Civil Rights Act of 1968 (PL 90-284, 42 USC 3601 et
seq.) as amended and will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing.
15
SECTION IX: CONFLICT OF INTEREST
The Provider covenants that no person, uz�der its emplay 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
xnterests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting xn.terest shall be employed. The Provider covenants that it
will comply with all provisions of 24 CFR 570.611 "Conflxct of Interest", and the State Statutes gaverning
conflicts of interest. The Pzovider shall disclase, in writing, to the City any possible conflicting interest ar
apparent impropriety that is covered by the above provisians. This disclosure shall occur irnrnediately
upan 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 Provider shall indemnify and hold harmless the City from any and all c�aims, liability, lasses and
causes of action, which may arise out of t�e Agreement. The Provider shall pay all claims and losses of
any nature whatsoever in coz�nection therewith and shall defend or pay to defend all suits brought agaiz�st
the City, when requested, and shall pay all costs and judgments which may be issued therean.
Automabile and vehicle coverage shall be required when the use of autoznobiles and other vehicles are
xnvolved in any way in the perforxxxance 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 prioar to the release of any funds under this
Agreement. Generally, the amount of coverage necessary would be at a minirnum of $300,000. Further, in
the event evidence of the requixed insurance is not forwarded ta the City within thirty (30) days after the
execution of this Agreement, this Agreemer�t may be terminated at the City's option and any payments then
due may be permanently withheld by the City and the City w�ill have no fiirther obligation under this
cantract or any Subrecipient contract.
SECTION XI: REPORTING AND EVALUATION REQUIREMENTS
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
ef%ctive method �or maintaining project progress against a previously established schedule is through
pxoj�ct evaluation and reporting, which wi�il consist of both written reports and staff discussions on a
regular basis. The Provider also assures prompt and efficient submission of the following:
A. Monthlv Reports - are due no latex than the tenth (lOth) day of the succeeding month and shall
include the request far payment when applicable. A monthl re o�t is due re ardless if an funds
have been exnended. Contents of the Monthly Repo�t, attached hereto and made a part hereof as
Appendix 2, shall include but not necessazily be limited to the following:
16
1. The "Financial Report & Implementation Summary" Farm, which shall include the request
for payment and documentatian, as applicable.
2. The "Pragram Activity Report"
3. The "Request for Reimbursement" Form
4. Instructions for Appendix 2 Forms
B. Final Evaluation - Within thirty (30) days of contract completian, a�nal report documenting how
the Statutory National Objective and the eligibility requirements were met, must be submitted by
the Pravider to the City's Housing Division for review and approval. The cantents of it sha11
include a cumulative total of the data submitted during the program's operation. Further, such
repart shall include statistical findings, which depict pragram ��ciency; i.e., the number of dollars
spent, including non-CDBG funding sources, to render actual service to pragram recipients, and an
overall evaluation of the program's effectiveness, and quantitative results. The final report wi11 be
evaluated and tl�e Provider will be notified if additional data is necessary or that the project/activity
is considered "closed-out".
C. Other Reportirt,� Requirements may be required by the City in the event of program changes, need
far additional information or documentation and/or legislation amendments. The Pravider shall be
informed, in writing, if any changes become necessary.
Reports and/or requested documentation nat received by the due date, shall be considered
delinquent, and may be considered by the City as suificient cause to suspend CDBG, HOME, and
SHIP payments to the Provider.
SECTIQN XII: AUDIT AND INSPECTIONS
At any time during normal business hours at�d as often as City and/or Federal Government representatives
may deem necessary, there shall be made available ta representatives of the City and/or the Federal
Government an opportunity ta review, inspect or audit all records, docwmentation, and any other data
relating to all matters cov�red by the Agreement.
An amival organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal
year. The submitted audit shall include any management letters and agency responses to the rnanagement
letters. The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB
Circular A-133. 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: REVERSTON OF ASSETS
The Provider shall transfer to the City any CDSG, HOME ar SHIP funds on hand (including program
income) or any accaunts receivable attributable to the use of CDBG, HOME or SHIP funds should the
agency close its doors. The Pravider shall also transfer ta the City any real property in the Provider's
17
control that was acquired ar impxoved in whole or in part of with CDBG, HOME or SHIF funds, unless it
is used to (1) meet one of the national objectives in Section 570.208 until �ve yeaz�s after the expiratiori of
th.is agreement, or for such longer period oi time as determined to be appropriate by the recipient; ar (2) if
not used for eligible activity, the Provider shall pay to the City an amount equal to tl�e 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 foar the acquisition of or improverner�t to, the property.
SECTION XIV: COMPL�ANCE WITH LOCAL,,STATE & FEDERAL REGULATIONS
The Provider agrees to comply with a 1 applicable federal regulations as they may apply to program
administration, Additionally, the Provider will comply with all state and local laws and ordinances hexeto
applicable.
SECTION XV: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by tk�e parties hereto that monies contemplated by this Agreement to
be used for compensation originated from grants of federal Cornmunity Development Block Grant Funds,
H�ME Investment Partnership Program Funds and State Housing �nitiatives Partnership Funds, and must
be implemented in full compliance with all of HUD's and the State of Florida rules an.d regulations.
It is expressly understaod and agreed that in the event of curtailment or non-production of said federal gxant
funds, that the financial sources necessary to continue to �ay the Provider compensation will not be
available and that this Agreemez�t will thereby terminate effective as oi the time that it is determined that
said funds are no langer available.
In the event of such determination, the Provider agrees that it will not look ta, nar seek ta hald liable, the
City or any individual rnember of the City Commission tkaeareof 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 oi this Agreement.
18
IN_WITNESS WHEREOF, the parties hereto have caus�d this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
Countersigned:
LARGO AREA HOUSING DEVELOPMENT
CORP.
By _ �r.�..--�.: _
Board President
��1�•rU
Date
TTEST:
0,,,�,�..,� �I �
Board Secretary
�1-l6� �o
Date
CITY OF CLEARWATER, FLURIDA
.
!� � '
BY� �- �
Frank V. Hibbard i liam B. Horne, II
Mayor City Manager
Continued:
Approved as to form:
Laura Mahony
Assistant City Attorney, II
Attest:
19
Rosemarie Call, MI'A, CMC
City Clerk
APPENDIX 1
Provider's Program Budget
Largo Area Housing Development Corp FY 10-11
_..�_,� _----.___.__..,,� .......,,�_.. �;.T,.. . ..... ... � , ....:-�..-_._._.,�_�;_.:_-_--- - - r . -----.
� ±�voai 'u�N .
� �i�' �l I•i . �.T.� _ _��T. . ......T
. l�-a;,�d:�'�°,°1�r . .� �.� Rh , 'f�i��u�„mii,�{ii,,:q.�i,�,:bll��mll'�a ry �d� ci � .I�t1mi,�N;ly,.'� w�qi;'�.
, � n�E-�^Ilil,.i���r,���?I'„�=..... � 'I '�'I;!''' ' -.a�i: . .. ', i
�, �'�II�� � , �
_.
+� �"�,���,�'�'��,��.����,''��,
�� '�'�„ �'�
„ .
.. �.� �,� � � � ��� �
�� I�� I� � I�
I
I
i eI i
i��' ,_,__...."������ .�_......,'., �
� .�. � ������ �.
_.........��.......����,�..----., .......� . .'. ., .� ...............''.,' ���.� � --- � - �I„^..,1.;'�._, .....; . ' ' ' I :
I� . � �- I'.,' ,,I�;.� �- ,;
- : �.
� ��I �
� ����� ' �., _
,� -,w , ;;�
I. � a,� �. � i—.
� . °"��,�, ... .
• - • -- — -- — — -- — — — -- — —
. . -.. • : � :
, _
. . • : �:
• r. • • ° •
—
�.—�.,�.....,�.�,�,�,,,,�.iwo.p..�,_.��.�.�.— .—„�--�, — ... �.....—��._. ��
�..e. ,
..�.
r� ;'_ �i i . � ' �' � e��. ,....:'�I �
�., �1N':.B_+-� ,..., ...'
�.. . . ..... ........ ......... ...... .......:.:: � .... . . .,... . . i �
APPENDiX - 2
Form Revisad:OBRTMO
City of Clearwater
. Econornic De�elopment & Housireg Department
�i, „ Coasolidated Action Plan Fiscal Year 2fl1a-2091
= � Program Actirity Report
TEA �
Name• Program:
ClierM. Incomes as a 96 of Medlan Cllent Raclal 5tattstics Head of Househofd
Wn IndieN
Amarinn Nativa Am Indianl Blackl Aleakan Speciel
Tofa! Bladd Indianl HswaiieN AFasken Asien Ahicen Nalrve 8 Other Asianl Tala[ Needs
Beiow BeMreen Bshvae� Giertts AfricaN Alaskan OUir Padfic Nativa & 8 Ameaican BlecklAirtcan Mvw- PaciF[c Gi�ts FJderty
MoMh 50% 5096 R Bo96 8096 8 12096 Served White Amerecan Asian Nati+re 1�3ander White White 8 VYhite Amarican Racial lslander Hisganic Ssrved Female Handicapped
flC305Ef = - ��- Q �- -
November �D �-
Deoember U - 0
Janua 0 0
Februa 0 a
March -0 - 0
Aril 6__-- Q
Ma o �
�une 0 ' 0
4 ust 0
5eptember 0
ror�ig a o a a a o 0 0
96 of Goa� --#BNIDf -
GOALS = - °_ _ °
=oolnotes; Gient stafisiics should onty indude head of-household data for fast time visits af fiscal_year. _=
Columru C thru E(CSent Incomes) = Cdumn F[fota! Gients], wh�ch is formatted to tWai
Columns G thru R Client Racial Stats = CoPumn 5 otal ClientsJ, which is formatted ta total
Cotumr�s F& S otal Cfie�is Senre sfwadd mafch
Coh�mns T 8� U kead of Hausehakl ma or m noi individuail ual Tofal Clients Senied
Far Cnlumns T 8 U Head of Househd , show iera Ear mnnths noi a foa6fe
�e� F37: [GOALS] l�uertfig�¢e fromyouur agen�fs-app�ication _{propose� # of pragram beneficiariesj._ ._ -_ _
1f finure differs frorrti aoolication; Uiovide exR�ana�iori-ia=oommer�ts7iox. :` =. __=' -.-:-= `_-
1
o � o � o � o � o
Comments:
.'7-�
.�a�
Form Re�ised: 061271'10
S�"
,.1, „
� � -- a
9 � O�
TE� �'
Name:
APPENDIX - 2
City af Clearwater
Economic De�eEoprrtent & Housing De#�artment
Consolidated Action Plar� Fiscal Year 20i0-2011
Financial Report & Implementafiion Schedule
Program:
2
�
�orm Revised: 08�27H p
APPENDIX - 2
CITY OF CLEARWATER
Economic Development 8� Housing Department
Housing Division
Consolidated Action Plan FY2010-2011
Request for Payment
Period of:
nvoice um er
or Invoice Date Description Amount
(if no Invoice #)
Totals $;'
Make Gheck Payable to:
We request payment for the attached invoices, as provided for in the terms of our contract with the City of
Clearwater, dated . We certify to the best of our knowledge that we have complied
with all applicable federal, state and local laws, regulations and ordinances.
Agency Name
Name and Title
Authorized Signature Date
Attach invoices and supporting documents
For Internal Use Onlv:
Funding Source:
Approvers Initials:
Date:
APPENDIX 1
Provider's Program Implementation Schedule
Largo Area Housing Development Corp FY 10-11
���ip� ,�i,. .. ���„?; y�,!:���, �;���,� .,;:��;���q�,��,�o., ,r�:.,s�, i.i.,�t'�i ���I��� ,,,�,,,; �,,,,:� .�,,�. ,
,,� I ; �+r'� f h �i �q, u.
�� �:�', i � : fi'' ""' �'' :z' :a ,.b i"1 t „ 'i, .
�P a� ed;°i ,� ,;�!C�Gt c. o:,�� �,� �.,;J' ,rr,. .�.� b�Pi� ',: �r� � ��?i`; �� � Ma, , i �l, �un � Jul: Au '`Se
�, �,I, , ;�:� `��,,�,;,,,,�r� �,����, �; � . � ? , �., , � ,�� P�J, 'f �, � , ,;,Y� , 9��' ' , p,
i i," i� i, ;, r,; �� ' i i
�; j��. ��I�1;Nr4�� �:p,,��,p "��'I � ,:1 a,�i '•Y'� � ; Ilj� ' nJ;' i�, i �; ;al , �
Irr� lem ; tation� , �' �, �. �, W�. � li, �.rr����: �,�. � �r�� � � �. .. i �'; ��� � � ,:, � �,,,;i�;� �.a, ,,�u � '��
p a� ��� > , — ;� � �u;�p„,,,,� �,��N. � y'i: i,r; ` � F., ,.;�y, ,;; ;�,�. , ,r , t, ���� ;� I ,a�'„. u
y ,r. ,,I'.i, ,,1 ,,�I�P, j' 3 �. � � � 4, I';
. �lil�l` ii,':� w.l�d,'��i�
�.h . [ ,� �� � �j � �j �� k .I �,
n gI -'I��on}�� i,t,��l r� i � , ��� ��I'i',
'I,i,� i � y� ii�'� i� 1 �
SL , .
e � � �� , i h. ' � � ,�� ' i ��'� � � �;'�� .,,; I, . ; .
. I� +.i . I��i:�� ��J�;� � � b .��;( ��[.'� r ��.I�V�. ��i"��r �. �.6���k.. i���''' �di�'� ;hi'b,� . . � �
P'���� �;!�.�yI�P�",�;����i� ,�t ����I��;,�� � 'rIF��"' ���q:l,�P�., yi�', , ' , piil � ,�T�Ili,,ll��
N.nr,i ,';pl� ilh:�, iF.:�;���•("�. t• "� rt�i
Housin Rehabilitation:
Rehab Hames
Rental Housin
Rehabilitatian: # of
Units Rehab
Homebuyer Ed.
Pr_ oaram: Housing
�ducation
1.) Market the
Homebuyer Ed. Prog.
2.) First time
Homebuyer Seminar
Attendees
3.) Household
Budgeting Seminar
4.) Pre-Purchase or
Post-Purchase
Counseling Recipients
Partnership to
Ownership Homebuyer
Ed.: Wousing
Education
1.) Market the PTO
Pragram
2.) Intake & Plans
Development
3.) Pre-approval, l.oan
Qualification
4.) Home Purchase
0
I:����1�1�]r:�cj
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incar�porate ax cause to be incorporated in.to 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 puxsuant ta th� grant, contxact, loan xnsurance, ar
guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance,
or guarantee, the following Equal Oppartunity clause:
During the performance o�this caz�tz�act, the contractor agrees as follows:
(1) Th� contractar will not discrirninate against any employee or applicant for employment because of
race, color, religion, sex, or national arigin. The contractor will take af�rmative action to ensure
that applicants are employed, and that employees are treated during ernployrnent without regard to
their race, color, xelxgion, sex, ar national origin. Such action shall include, but not be limited to the
fallowing: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms oi compensation; and selection of training,
including apprentices�ip. The cantractor agrees to post in a conspicuous place, available to
employees and applicants for employment, notices to be pravided setting forth the provision of this
nondiscriminatioz� c�ause.
(2) The cont�actor will, in all solicitations or advertisennents for employees placed by ar behalf of the
contractor, will state that all qualified applicants will receive consideration for employrnent without
regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with wk�ich k�e has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union ax workers' representative of the contractor's commitments ur�der this section,
and shall post copies of the notice in conspicuaus places available to employees and applicants for
employment.
(4) The cont�actor will comply with all provisions of Executive Order 11246 of Se�tember 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will f�u-nish all in%rmation and reparts xequired by Executive Order 11246 of
September 24, 1955, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his boaks, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigatian to ascertain compliance with such rules,
regulations, and orders.
(6) Iz� the event of the contractor's non-coa�xipliance with the non-discrimination clauses o£ 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
i ±
contracts or federally assisted canstruction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or arder of the Secretary of
Labor, or as otherwise provided by law.
(7) The cantractor will include the portion of the sentence imm�diately preceding paragraph (1), and
the provisions of pazagraphs (1) through (7) in every subcontract or purchase order unl�ss exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of Septemb�r 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 pravisions,
including sanctions far nan-compliance provided, however, that in the event a contractor becomes
involved in or is tl�reatened with, litigation with a subcontractar or vendor as a result of such
direction by the administering agency, the cantractor may request the United States ta 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
awr� employment practices when it participates in federally assisted construction work: provided that, if the
applicant so participating is a State ar 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 cantract.
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 subcantractars 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 administerin� agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from enterin� into any cantract ar contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, ar who has not
demonstrated eligibility far, government contracts and federally assisted constructian cantracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be impased 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 applicaut 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, ternunate, suspend in whale or in part this grant (cantract, loan, insurance
guararitee); refrain from extending any further assistarice to the applicant wnder the program with respect to
which the failure ar refund occurred until satisfactory assurance af future compliauce has been received
from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
2
FEDERAL - SECTION 3 CLAUSE
A. The wark to be performed under this contract is on a project assisted under a program providing
direct Federal fmancial assistance from the Department of Housing and Urbati Development and is
subject to the requirements of Sectian 3 af the Hausing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, o�portunities for
training and employment be given to lower income residents of t.ki� praject azea, and contracts for
work in connection with the project be awazded to business concerns which are located in, or
owned in substantial part by persans 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 executian
of this contract. The parties to this contract certify and agree that they are under no contractual or
ather disability, which would prevent them fram complying with these requirernents.
C. The cantractor will send to each labor o�rganizatio� or representative af woxkers witki which he has
a collective bargaining agreement or other contract or understanding, if any, a notice advising the
said labor organization of workers' representative o:F k�xs commitments ttnder this Section 3 Clause
and shall post copies of the notice in conspicuous places available to employees and applicants for
emplayment or training.
D. The contractor will include this Section 3 Clause in every subcontract for work in connection with
the project and wi�l, at the direction af the applicant for or recipient of Federal financial assistance,
take appropriate action pursuant to the subcontract upon a finding that the subcantractor is in
violation of regulation.s issued by the Secretary of Housing and Urban Development, 24 CFR 135
The cantractor will not subcontract with any subcontractor where it has notice or knowledge that
the latter has been. �ound in vialation of regulations under 24 CFR 135, and will not let any
subcontract unless the subcontractor has first provided it with a preliminary statem.ent of ability to
cornply with the requirements of these regulations.
E. Compliance with the pravisions of Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued hereunder pnior to th.e execution of the
cantract, shall be a condition of the federal financial assistance provided to the praject, binding
upon the applicant or reci�ient for such assistance, its successors, and assigns. Failure to fu1fi11
these requirements shall subject the applicant or recipient, its contractors and subcontractors, its
succ�ssors, and assigns to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is pxovided, and to such sanctions as are specified by 24 CFR
135.
D
������
S�P 1 6 2(11C�
ECONQMIC DE��CLOPM�Ni DCf',q�T;�iENT
HUUSING �IVISIGPJ
CITY OF CLFARWATER
3