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AGREEMENT FUNDED UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM t.. ~ ) I AGREEMENT FUNDED UNDER THE CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into as of the 1st day of October, 1991, by the CITY OF CLEARWATER, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "CITY", and PARTNERS IN SELF SUFFICIENC~l~"-as further identified in Appendix A, hereinafter referred to as the "PSA". This Agreement consists of this document and the Appendices attached hereto. WHEREAS, the city has agreed with the United States Department of Housing and Urban Development to conduct a Community Development program, hereinafter referred to as the "Program", with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called the "Act", and WHEREAS, the City of Clearwater Planning & Development Department, hereinafter called the "Department", will act in behalf of the City in conducting .,,-.:. the Program, and WHEREAS, the PSA provides a program as identified in Appendix A of benefit to low and moderate income residents within the City of Clearwater and proposes to perform the work and carry out the specific services as identified in Appendix A, hereinafter referred to as the "Project", and. desires federal financial assistance through the City to effect this proposal, and WHEREAS, the City finds the project to be meritorious and in fulfillment of the purposes of the Act; THEREFORE, the parties agree as follows: 1. The PSA shall, in a satisfactory and proper manner as determined by the Department, conduct the Project outlined in Appendix A. 2. The term of this Agreement shall commence on October 1, 1991, and terminate on September 30, 1992, unless earlier cancelled as provided herein. The Agreement may be extended for up to one additional year upon the request of the PSA and the written authorization of the City Community Development Manager. The need and merit shall be at the determination of the Manager. The Department may issue written or oral instructions to clarify any other details or provisions of this Agreement. Such instruction must be within the intent of the project and not be of such nature to affect cost or period of performance. 3. The City representative to PSA as regards conduct of services under this contract shall be the Community Development Manager. The PSA's services shall be carried out under the supervision of the Agent as identified in Appendix A. 4. The PSA shall not exceed its budgeted amount and shall use the funds in accordance with the award to be paid with Community Development Funds included in Appendix S. Funds shall not be obligated when payment has been suspended or terminated pursuant to paragraph 19 hereof. Any funds which the Department ... determines were not properly expended shall be refunded to the City. . 5. The PSA shall comply with the provisions of OMS Circular A-110, and with the provisions of OMS Circular 122, or the appropriate successors documents of these documents. The PSA shall permit the City to audit the PSA's financial PSA Rev 3/25/91 Page 1 of 6 (!{!/~ V1l!~ ;,. . \ ",) ',C I I operation including but not limited to compliance with applicable provisions of Federal law and regulations. All PSA financial records relating to the project are subject to review by the city. 6. All subcontractors under this Agreement shall be approved by the city. 7. All purchases of consumable materials, capital equipment and services shall be in conformity with the Procurement Standards set forth in OMB Circular A-110, Attachment o. Accountability for project property and equipment shall be in accordance with the requirements therein set forth. 8. The City agrees to make payment of budgeted costs on a reimbursement basis. Requests for payment shall be as specified in Attachment B. No advance payments shall be made to the PSA. All costs and involces for requests for payment shall be supported by properly executed payrolls, time records, invoices, contracts" or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to the Agreement shall be clearly identified and readily accessible. The final request for reimbursement hereunder shall be submitted within 30 days after completion of all services to be performed by the PSA and the City shall not be responsible for payment of any charges, claims or demands hereunder not received within said thirty day period. 9. The PSA shall upon the expiration of this Agreement transfer to the City any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. Program income funds are excluded from this provision as provided below. Program income funds shall be retained by the PSA so long as the activities that will be undertaken with the program income are the specific activities that meet the provisions of this Agreement. These funds shall be adjusted by the City according to the pr inc iples descr ibed in paragraphs (b) (2) ( i) and (ii) of Sect ion 570.504 of the Housing and Community Development Act 1974, as amended of which state that: (1) Program income in the form of repayments to, or interest earned on a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the u.S. Treasury for the same activity. (2) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the u.s. Treasury. 10. The City shall retain custody upon termination of this Agreement of any and all property purchased with Community Development Funds. "Property" as used in this Paragraph shall mean nonexpendable tangible property valued at $200 or more with a remaining life expectancy of one year or more. The PSA shall retain custody of property acquired with federal funds so long as the property is used for the purposes described in Appendix A. When no longer used f?r such purpose, the City shall assume custody of the property upon written notice to the PSA. Upon purchase and receipt of property, the PSA shall submit to the Department a Property Receiving Report. Stolen, lost or returned property shall PSA Rev 3/25/91 Page 2 of 6 I I be reported immediately to the Department. Thirty days prior to the end of the grant year or immediately upon termination of this Agreement, the PSA shall submit in a Property Report a physical inventory of all property purchased with Community Development Funds. The report shall also contain a verification of the existence and current use and location of the property, and, if applicable, the continued need for the property. No real or personal property or custody thereof, purchased with funds provided to the PSA under this Agreement, shall be disposed of, transferred, assigned, or loaned by the PSA without prior written consent of the City. 11. Any real property under the PSA' s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must: (1) Be used to meet one of the national objectives in Section 570.901 of the Housing and Community Development Act of 1974 as amended until five years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by the Cityf6r (2) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph (b)(8)(i) of Section 570.503 of the Housing and Communi~y Development Act of 1974, as amended. 12. Nothing in this Agreement shall be construed to permit invasion of the privacy of individuals who are served by the project, nor shall this Agreement be construed to require the PSA to publish or release information to third parties which would invade the privacy of such individuals. Information obtained by the Department as required by this Agreement shall not be used or disclosed in such a way as to invade individual privacy and client relationships, unless Florida law pertaining to public records requires public inspection of records containing said information. 13. The PSA shall obtain prior written approval by addendum to this Agreement for any of the following changes: a. Substantial changes in the project work plan. b. Changes in any budget line item. 14. The PSA agrees to fully participate in the implementation and maintenance of an evaluation system to continually monitor the project. This shall include, but not be limited to, periodic submission of data reports which will be used by the Department for inclusion in the Annual Grantee Performance Report, periodic monitoring visits by the Department for conformance with this Agreement, and continuing assessments of performance hereunder. PSA agrees to comply with evaluation and information requirements of the Department. A final report shall be submitted by the PSA within 30 days after the end of the contract term. This final report shall consolidate reporting of all project participants. 15. PSA shall establish and maintain on an accrual basis an accounting system in accordance with the Standards of Grantee Financial Management System as set forth in OMB Circular A-110 or the appropriate successor document and in PSA Rev 3/25/91 Page 3 of 6 I I accordance with generally accepted accounting principals and standards where these principals and standards are not in conflict with A-110 or its successor. PSA agrees to modify or correct said systems in accordance with the City's requirements. 16. PSA shall maintain such records and accounts as are deemed necessary by the City to assure a proper accounting for all project funds. All such records shall be available for audit, inspection or copying purposes at any time during normal business hours and as often as the City, HUD, or representatives of the Comptroller General of the United states, or other federal agency, may deem reasonably necessary. Such records shall be retained for such period as required by applicable laws and regulations and may thereafter be destroyed only with the prior written approval of the City. Such records shall include financial records, audits, supporting documents,.. statistical reports and client files. PSA will comply with such additional requirements as to maintenance of records as the City may request in writing. In the event the PSA cannot continue to be responsible for maintenance of the records, then the City shall be so notified in order to take custody of the records. The City may, at any time, on written notice to the PSA, take custody of any and all records established under this Agreement. 17. The PSA shall hold and save the City, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses, for or on account of any suits or damages of any character whatsoever resulting from injuries or damages sustained by any persons or property resulting in whole or in part from the negligent performance or omission of the PSA or any employee, agent or representative of the PSA. 18. The PSA shall not assign this Agreement or any interest of the PSA in this Agreement without the prior written consent of the City. 19. The City may suspend, withhold, or terminate payment of the project, in whole or in part, for cause or convenience. Cause shall included the following: a. Use of funds that does not follow project guidelines. b. Failure to comply with any term or condition hereunder. c. Refusal to accept conditions imposed by HUD. d. Refusal to accept conditions imposed by the City. e. Submittal of reports which are incorrect or incomplete in any material respect. f. If carrying out this Agreement is rendered impossible or infeasible for any reason including changes in law or the unavailability of HUD funds necessary for continuation. g. Convenience shall be according to the regulations in 24 CFR 85.43 and 85.44. If the City suspends payment, it shall advise the PSA and specify in writing the reason for suspension of payment, the actions that must be taken as a condition precedent to the resumption of payment, and a reasonable date for compliance. 20. Both parties will use their best efforts to ensure that services under this Agreement are provided so as to best meet the needs of residents with priority to those residents who reside in the Community Development target are~~. The PSA shall make every effort to assure that a minimum of 70% of those persons receiving services hereunder are low and moderate income. 21. No person with responsibilities in the operation of the project will PSA Rev 3/25/91 Page 4 of 6 -, . ' I I +. PSA Rev 3/25/91 Page 5 of 6 " , . . .' I I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. PARTNERS IN SELF SUFFICIENCY! ('" L . By le7ient 10 :f V{ ( / Date ATTEST: ~~~ ...........::.,. Secretary 1/30(C11 Date Countersigned: CITY OF CLEARWATER, FLORIDA BY~ \.D / 0 I t' /1 ( Date ATTEST: Cl~[; . t:i-.-~g)~7- ..- ....9ynthu '~.p.rdeau .- -'~.",,=1.ty. -Clerk _, - ',-'-.'''''' , . , - loh; /c(,j - :... - . .' . ~ . I - --" ....._~- O'aie -- --. Approved as to form & correctness: /- M.A. City PSA Rev 3/25/91 Page 6 of 6 +. I I Agency: Partners in Self Sufficiencv Year: 1991 - 1992 APPENDIX A Identification of Aaencv and Specific Services to be Provided AGENCY Name: Partners in Self Sufficiency. Legal classification: A non-profit corporation organized and existing under the laws of the State of Florida. Principal,Office: 210 S. Ewing st., Clearwater, FL 34616 Mailing Address: P. O. Box 960, Clearwater, FL 34616 . ....: Agent: f+~ Sue King, Partners in Self Sufficiency Director 813-461-5777 PROGRAM OF AGENCY Partners in Self Sufficiency is a comprehensive program in which low income single parents are assisted with housing, child care, counseling, job training and education. The program coordinates housing through the local housing authori~y, child care through the local non-profit daycare institutions, counseling through the coordinator of the program, job training through local businesses, and education through local technical schools, colleges, and universities. SPECIFIC SERVICES TO BE PROVIDED UNDER THIS AGREEMENT Operational support is being provided to fund a portion of the salary of the Executive Director of Partners in Self Sufficiency. For the funds provided under this agreement the Executive Director will continue to assist in the screening of applicants, work with the clients to develop an action plan and make appropriate referrals to allow clients to receive basic services in order to achieve self sufficiency. a :pssuff.app Page 1 of 5 I I SCHEDULE I. Partners in Self Sufficiency General Statements A. Programs shall begin operation no later than November 1, 1991, or one month after the full execution of this Agreement. B. Funds for this project shall be expended by September 30, 1992. Any request for an extension will have to be approved by the Community Development Manager. C. Monthly activity reports shall be forwarded to the City by the Agency on a monthly basis and shall reflect program activity from the previous month. These reports shall be forwarded to the City no later than the 15th of the month. Reports shall be forwarded for the entire term of the agreement which covers October 1, 1991, through September 30, 1992. D. Special Data requests will beo:responded to within 15 calendar days, subject to the request being of reasonable limited scope. E. Records will reimbursement process. periodically be accuracy and as viewed by the City part of the yearly to verify monitoring F. Payment will be in accordance with the payment schedule identified in Appendix C. G. At no time shall payments be forwarded to the agency by the City if the agency has not satisfactorily completed the tasks identified in this agreement. a :pssuff.app Page 2 of 5 ~ ,,' I I Agency: Partners in Self Sufficiency Year:1991 - 1992 APPENDIX B Pro;ect Award Funding for operational support of up to $16,000. will be provided for administrative expenses to pay a portion of the annual salary of the Executive Director of Partners in Self Sufficiency, Inc. BUDGET Partners in Self Sufficiency October 1, 1991 - September 30, 1992 Salaries City CDBG . .o,C DONATIONS TOTAL Executive Director $16,000. $20,700. $36,700. a:pssuff.app Page 3 of 5 . . I I APPENDIX C METHOD OF PAYMENT All payments shall be on a reimbursement basis only. All requests for reimbursement for salaries shall be supported by a copy of the checks paid to employees and other documentation as requested. Payroll and other support documentation must be kept by the agency in an appropriate file. All requests for reimbursement for purchases shall be supported by a copy of the invoices and a copy of the check paid to the supplier. Other support documentation shall be kept by the agency in an appropriate file. All requests for reimbursement for construction a copy of, the check paid to the contractor and payment affidavit, whichever is appropriate. related projects and other source documentation an appropriate file. ".c, projects shall be supported by a copy of a progress or final Payroll data for Davis Bacon shall be kept by the agency in All requests for reimbursement shall be certified by the agency's designee that they are accurate and within the guidelines of the agreement. All requests for reimbursement shall be forwarded to the City of Clearwater Planning and Development Department, P.O. Box 4748, Clearwater, Florida 34618. Any program income shall be submitted to the CITY through the DEPARTMENT at least quarter,lv. Fees collected, if any, shall be reported but are not to be construed as program income. Requests for reimbursement shall not be reduced by any program income received. a:pssuff.app Page 4 of 5 I I APPENDIX D Confirmation of Prior Receipt Other Program Requirements Community Development Block Grant Program I certify that I have received the following Federal statutes and circulars w,hich govern expenditure of Federal funds under the Community Development Block Grant Program. I certify that activities taken under this grant will be consistent with the Federal regulations enumerated below. If necessary, I will request additional copies from the Clearwater Planning and Development Department. Materials received under this certification are: section 570.600 - 570.702, 24CFR; section 3, Housing and Urban Development Act of 1968, as set forth in 24CFR; Executive Order 11246 (Equal Opportunity Clause and Standard Federal Equal Employment opportunity Contract Specifications); OMB Circular A-llO; OMB Circular A-l22; "~ 24CFR85, Administrative Requirements for Grants and cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments; Section 85.40 - 85.50, 24CFR; OMB Circular A-8? Section 44, 24CFR for the Subrecipient f/:?U~ ~ C)J.L<L/U W ness /6 13/9/ ~ /2.~ Date a :pssuff.app Page 5 of 5 :.l ~ ~- I I C I T Y OF C LEA R ....W ATE R POST OFFICE BOX 4748 CLEARWATER, FLORIDA 34618-4748 DEPARTMENT OF PLANNING AND DEVELOPMENT Telephone (813) 462-6880 September 20, 1991 Ms. Sue King, Director Partners in Self Sufficiency P. O. Box 960 Clearwater ,FL 34616 Dear Ms. King: Enclosed are three contracts for use of City of Clearwater Community Development Block Grant funds for 1991-1992. This contract has been prepared consistent with the application which was approved by the City Commission last May. Please have all three copies signed by the appropriate individual. Also, please note that a signature is needed on Appendix D. Copies of the Federal regulations reference in Appendix D are available in this office. Thank you for your cooperation inthis matter. I look forward to working with you in the future. Sincerely, ~ CHRIS PAPANDREAS, Manager Community Development Dept. CP/gml Enclosures o "Equal Employment and Affirmative Action Employer"