AGREEMENT FUNDED UNDER THE CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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AGREEMENT FUNDED UNDER
THE CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
THIS AGREEMENT is entered into as of the 1st day of
October, 1990, by the CITY OF CLEARWATER, Florida, a political
subdivision of the State of Florida, hereinafter referred to as the
"CITY", and PARTNERS IN SELF SUFFICIENCY 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
_c--"
WHEREAS, the~S~jprOVides 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,
1990, and terminate on September 30, 1991, unless earlier cancelled
as provided herein. The Agreement may be extended for up to one
addi tional 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
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Development Funds included in Appendix B. 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 OMB Circular
A-110, provided in Appendix G, and with the provisions of OMB
Circular 122, provided in Appendix H, or the appropriate successors
documents of these documents. The PSA shall permit the City to
audit the PSA's financial 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-l10, 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 invoices 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 w~ll 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
principles described in paragraphs (b)(2)(i) and (ii) of Section
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
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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 for 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 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
Communi ty Development Funds. The report shall also contain a
verification of the existence and current used 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
City; or
(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)(B)(i) of Section 570.503 of the Housing
and Community 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
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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-lID or
the appropriate successor document and in accordance with generally
accepted accounting principals and standards where these principals
and standards are not in conflict with A-lID 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
wi th 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
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negligent performance or omission of the PSA
or representative of the PSA.
18. The PSA shall not assign
the PSA in this Agreement without
City.
19.
or any employee, agent
this Agreement or any interest of
the prior written consent of the
f.
The City may suspend, withhold, or terminate payment of the
in whole or in part, for cause or convenience. Cause shall
the following:
Use of funds that does not follow project guidelines.
Failure to comply with any term or condition hereunder.
Refusal to accept conditions imposed by HUD.
Refusal to accept conditions imposed by the City.
Submittal of reports which are incorrect or incomplete in
any material respect.
If carrying out this Agreement is rendered impossible
or infeasible for any reason including changes in law
or the unavailabili ty of HUD funds necessary for
continuation.
Convenience shall be according to the regulations in 24 CFR
85.43 and 85.44.
project,
included
a.
b.
c.
d.
e.
g.
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 areas. The PSA shall make every effort
to assure that a minimum of two-thirds of those persons receiving
services hereunder are low and moderate income.
21. No person with responsibilities in the operation of the
project will discriminate with respect to any project participant
because of race, color, national origin, or sex. No participant shall
be excluded from participation in, be denied of, or be subjected to
discrimination under any program of activity funded in whole or in
part with Community Development Funds because of race, color, national
origin or sex, as set forth in Other Program Requirements in Appendix
D, (CFR 570. 601 ) .
22. The PSA will establish safeguards to prohibit employees from
using their positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other
identifiable ties. Prior to requesting any continued project funding
beyond the term covered by this Agreement or for a new public services
not covered by this Agreement, the PSA shall attempt to secure other
local, state or federal funding and/or private funding for such
project. The PSA shall not as a result of receiving funding for the
Project reduce its support for other similar services already being
provided by the PSA in the area of its operation, and will
affirmatively seek additional assistance and support from other
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sources for increasing services where needs demand such increase. The
PSA will not use these funds for publicity 6r propaganda purposes
designed to support or defeat legislation pending before federal,
state or local governments.
23. The PSA shall comply with the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, and the HUD
regulations issued pursuant thereto, attached hereto as Appendix E.
24. The PSA will comply with Equal Employment Opportunities
Executive Order 11246, as amended, attached hereto as Appendix F.
25. The PSA will comply with applicable federal law and
regulations, including but not limited to:
National Environmental Policy Act of 1969;
Flood Disaster Protection Act of 1973;
HUD Implementation of the Lead-Based Paint Poisoning
Prevention Act;
Clean Air Act;
Historic Preservation Requirements of P.L. 89-656
Archeological and Historic Preservation Act of 1974;
Executive Order 11593;
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Architectural Barriers Act of 1968;
Hatch Act;
Federal Water Pollution Control Act;
Federal Labor Standards provisions and the Davis-Bacon Act;
The Civil Rights Act of 1964;
National Flood Insurance Program;
all as amended from time to time and in effect during the term this
Agreement.
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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
By
ATTEST:
CITY OF CLEARWATER, FLORIDA
By ~dwQ j
Rita Garvey
Mayor-Commissioner
ATTEST:
~
~
Approved as to form & correctness:
ynthia Goudeau
.~tyClerk
..... ... .. - ~ .. ..
M.A.
City
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Agency: Partners in Self
Sufficiency
Year: 1990 - 1991
APPENDIX A
Identification of AQencv 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:
Sue King, Partners in Self Sufficiency Director
813-461-5777
PROGRAM OF AGENCY
Partners in Self Sufficiency is a comprehensive program in which eligible single
parents are assisted with housing, child care, counseling, job training and
education. Eligible single parents include those families that earn less than
50% of the areawide median income. The program coordinates housing through the
local housing authority, child care through the local non-profit daycare
institutions, counseling through the coordinator of the program, job training
through local businesses who have participated in the program and education
through local technical schools, colleges, and universities.
SPECIFIC SERVICES TO BE PROVIDED UNDER THIS AGREEMENT
Operational support 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.
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SCHEDULE
I. Partners in Self Sufficiency
General Statements
A. Program shall begin operation no later than the later of October 1, 1990
or one month after the full execution of this Agreement.
B. Funds for this project shall be expended by september 30, 1991. 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 bases and shall reflect program activity from the previous
month. These reports shall be forwarded to the City no later than the
15th of the end of the previous month. Reports shall be forwarded for
the entire term of the agreement which covers October 1, 1990 through
September 30, 1991.
D. Special Data requests will be responded to within 15 calendar days,
subject to the request being of reasonable limited scope.
E. Records will periodically be viewed by the City to verify reimbursement
accuracy and as part of the yearly monitoring process.
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 they
have not satisfactorily completed the tasks identified in this
agreement.
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Agencyz Partners in Self
Sufficiency
Yearz 1990 - 1991
APPENDIX B
Proiect Award
Funding for operational support of up to $11,500.00 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, 1990 - september 30, 1990
DONATIONS
CITY
CDBG
TOTAL
Salaries
Executive Director
$ 8,500
$11,500
$20,000
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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
invoices and a copy of the check paid
documentation shall be kept by agency in an
shall be supported by a copy of the
to the supplier. Other support
appropriate file.
All requests for reimbursement for construction projects shall be supported by
a copy of the check paid to the contractor and a copy of a progress or final
payment affidavit, whichever is appropriate. Payroll data for Davis Bacon related
projects and other source documentation shall be kept by the agency in an
appropriate file.
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
quarterly. 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.
C I T Y
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o F C LEA R W ATE R
Interdepartmental Correspondence
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TO:
FROM:
SUBJECT:
COPIES:
DATE:
ALL CDBG RECIPIENTS of
Chris Papandreas, Community Development Manager, f
1990-91 CDBG Agreement
File
November 28, 1990
Enclosed please find the Agreement between the City of Clearwater and your agency
for 1990-91 CDBG funding. There is one complete set which includes the Agreement
and all the appendixes A thru L; the other two copies only include the Agreement
and appendixes A thruC. This was done so that handling and mailing would be
made easier. I
Please have the appropriate authority sign all three Agreements, then return
everything. After the City signs these Agreements, we will forward you a
complete signed copy including appendixes A thru L.
We apologize for the delay; hopefully, it has not caused any inconveniences..
If you have any questions, please contact Michael Holmes at 462-6880.
lema
Attachments