SUBRECIPIENT AGREEMENT TO PROVIDE FUNDING TO FORMALIZE THE ROLE OF LEAD AGENCY
CITY OF CLEARWATER, FLORIDA
AND
PINELLAS COUNTY COALITION for the HOMELESS
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT as entered into on this 1 st day of February 2005, by and
between the City of Clearwater, a Florida municipal corporation, having its principal office at 112 South
Osceola Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the Pinellas County
Coalition for the Homeless, P.O. Box 11195, St. Petersburg, FL 33733, hereinafter referred to as the
"Provider" and/or "Subrecipient".
WITNESSETH:
WHEREAS, the Provider has requested funding from the City and from Pinellas County's HUD-
funded entitlement jurisdictions to fulfill its federal and state-designated role of Lead Agency for
homeless services throughout Pinellas County, and
WHEREAS, the Provider has found that it is becoming more difficult to meet the expectations of
both federal and state agencies to be the local leader in developing a system to address and end
homelessness in our community, and
WHEREAS, the City, along with Pinellas County, and the cities of St. Petersburg and Largo are
designated jurisdictions that receive HUD entitlement funding, because their respective Consolidated Plans,
include the description of homeless services that is written annually by Provider as the Continuum of Care,
and
WHEREAS, the HUD entitlement communities utilize the annual count of homeless persons
conducted voluntarily by the Provider's member agencies as well as the Continuum of Care narrative in
the annual updates of their Consolidated Plans, and
WHEREAS, the Provider has completely outgrown its all voluntary status, and now needs a full
time administrative entity and/or person to act in the capacity of an Executive Director, and
WHEREAS, the City desires to provide funding to the provider so that they formalize the role of
Lead Agency immediately, and begin to build capacity to perform the many functions that a Lead
Agency is expected to be capable of funding,
NOW, THEREFORE, the parties hereto agrees as follows:
SECTION I: SCOPE OF SERVICES
The Provider agrees to use the City funding to assist with the costs of hiring a full-time administrative
person and/or entity to act in the capacity of an Executive Director representing the Provider as they
formalize their Lead Agency role in Pinellas County.
The Provider must provide, if needed, the administrative person and/or entity office space with utilities,
a computer and support. The Provider must also provide funding from the State of Florida Grants-In-
Aid program to assist with a portion ofthe costs of the administrative person and/or entity.
The administrative person and/or entity will also provide the services as follows:
1. Work with Pinellas County's consultant and other City and County officials in their efforts to
develop coordinated plans for homeless services in Pinellas County.
2. Work with the Provider's Executive Council to develop the capacity within the Pinellas County
Coalition for the Homeless to strengthen the Lead Agency's role in the county.
3. Work with Pinellas County - Homeless Policy Group in their efforts to respond to the
President's challenge to end chronic homelessness by drafting a Ten (10) Year Plan to End
Homelessness.
4. Assist with the Consolidated Planning processes of each of the four (4) U.S. Department of
Housing and Urban Development entitlement communities (City of Clearwater, Pinellas County,
City of Largo and City of St. Petersburg).
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion.
2. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no other religious influence in the
provision of such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under
this Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or
restore any religious facility which is owned by the Provider and in which the public
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services are to be provided. However, minor repairs may made if such repairs are directly
related to the public services; are located in a structure used exclusively for non-religious
purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for
the public services.
R. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, and all applicable laws and
regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement, including matching
funds and program income.
2. Time sheets for split-funded employees who work on more than one activity.
S. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of three (3)
years after expiration of this Agreement, with the following exception: if any litigation, claim or
audit is started before the expiration date of the three year period, the records will be maintained
until all litigation, claims or audit findings involving these records are resolved. The City shall be
informed in writing after closeout of this Agreement, of the address where the records are to be
kept.
SECTION III: OTHER CONTRACTUAL PROVISIONS
A. 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 of any building or work financed
in whole or in part with assistance provided under this Agreement are subject to the federal labor
standards 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 overtime compensation in accordance with and subject to the provisions of
the contract Work Hours and Safety Standards 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 standards, 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.
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H. Lobbing Restrictions
Provider certifies that, to the best of its knowledge and belief:
No Federal Appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress, in
connection with this Federal contract, grant loan or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
It will require that the language of this paragraph L be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all Provider shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352 Title 31, United States Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
SECTION IV: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval of the City and being duly executed by both
parties, whichever is later.
This funding shall become effective as of February 1,2005, and shall continue through January 31, 2006.
SECTION V: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of
such intent to terminate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree
upon the termination conditions. A written notification shall be required and shall include the
following: reason for the termination, the effective date, and in the case of a partial termination, the
actual portion to be terminated. However, if, in the case of a partial termination, the City
determines that the remaining portion of the Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
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C. The City may place the 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 limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any City,
state, or federal statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete m any
material respect.
c. Implementation of this Agreement, for any reason, IS rendered impossible or
infeasible.
d. Failure to respond in wntmg to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the Subrecipient.
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 Provider as a condition precedent to clearing the deficiency and a
reasonable date for compliance, which shall be no more than fifteen (15) days from
notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for termination
of this Agreement. The Provider shall be given no more than fifteen (15) days in which to
reply in writing, appealing the termination prior to final action being taken by the City.
E. Costs of the Provider resulting from obligations incurred during a suspension or after termination,
are not allowable unless the City expressly authorizes them in the notice of suspension or
termination or subsequently. Other costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired normally at the
end of the Agreement in which the termination takes effect.
F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the
Provider.
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SECTION VI: AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have
been reduced in writing and duly signed by both parties. Any changes, which do not substantially change
the scope of the project and/or the Project Implementation Schedule or increase, the total amount payable
under this Agreement, shall be valid only when reduced to writing and signed by the City Administration
and the 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 by the Provider up to a maximum of: Ten Thousand - Eie:ht Hundred and Thirty
Three Dollars and -------------- no/cents ($10.833.00).
The Provider must present the City with a formal pay request when funds are desired with applicable
back up to support request.
SECTION VIII: EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Provider agrees as follows:
1. The Provider and administrative entity and/or person shall not discriminate against any
employee or applicant for employment because of race, color creed, religion, sex age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial status, or any
other basis prohibited by applicable law. The Operating Agency shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex age, handicap, disability, sexual orientation,
ancestry, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and selection for training including
apprenticeship. The Operating Agency agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
2. The Provider and administrative entity and/or person will, in all solicitations or advertisements
for employees placed by or on behalf of the operating Agency, state that all qualified applicants
will receive consideration for employment without regard to race, color creed religion, sex age,
handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other
basis prohibited by applicable law.
3. The Provider and administrative entity and/or person will send to each labor union or
representative of workers with which is has a collective bargaining agreement or other contract
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of understanding, a notice to be provided advising the said labor union or workers;
representatives ofthe Operating Agency's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
4. The Provider and administrative entity and/or person will comply\ with all provisions of
Executive Order 11246, Equal Employment opportunity, of September 24,1965, as amended by
Executive Orders 11373 and 12086, copies of which are on file and available at the City and of
the rules regulations, and relevant orders of the Secretary of Labor.
5. The Provider and administrative entity and/or person will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to
its books, records, and accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Provider's and administrative entity's and/or person's noncompliance with
the nondiscrimination clauses of this contract or with any ofthe said rules, regulations, or
orders, this contract may be cancelled, terminated, or suspended in whole or in part and the
Operating Agency may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive order 11246 of September 24,1965, as amended, or
as otherwise provided by law.
7. The Provider and administrative entity and/or person will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24,1965, as
amended, so that such provisions will be binding upon each subcontractor or vendor. The
Operating Agency will take such action with respect to any subcontract or purchase order as
HUD may direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event an Operating Agency becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result of such direction by
HUD, the Operating Agency may request the United States to enter into such litigation to
protect the interests of the United States.
A. Equal Opportunity in Participation
Development Act of 1974, and in conformance with City policy and all requirements imposed by or
pursuant to the Regulations ofHUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109,
no person in the United States shall on the ground of race, color creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry national origin, marital status, familial status, or any other basis
prohibited by applicable law be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under, and program or activity funded in whole or in part with Community
Development Block Grant Program funds.
B. Specific (not exclusive) Discriminatory Actions Prohibited: 7
The Provider may not directly or through contractual or other arrangements, on the ground of race, color,
creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age handicap,
disability, sex or any other basis prohibited by applicable law:
(1) Deny any facilities, services, financial aid, or other benefits provided under the program
or activity.
(2) Provide any facilities, services, financial aid, or other benefits, which are different or are
provided in a different form from that provided to others under the program or activity.
(3) Subject to segregated or separate treatment in any facility, or in any mater or process
related to receipt of any service or benefit under the program or activity.
(4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by
others in connection with facilities, services, financial aid or other benefits under the
program or activity.
(5) Treat an individual differently from others in determining whether the individual satisfies
any admission, enrollment, eligibility, membership, or other requirements or condition
which the individual must meet in order to be provided any facilities, services, or other
benefit provided under the program or activity.
(6) Deny any person with the legal right to work an opportunity to participate in a program or
activity as an employee.
SECTION IX: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with the City, Community Development Block Grant Program, HOME
Investment Partnership Program and State Housing Initiatives Partnership (SHIP) Program funded
activities, has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants
that in the performance of this Agreement, no person having such conflicting interest shall be employed.
The Provider covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest",
and the State Statutes governing conflicts of interest. The Provider shall disclose, in writing, to the City
any possible conflicting interest or apparent impropriety that is covered by the above provisions. This
disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an
opinion, which shall be binding on both parties.
SECTION X: INDEMNIFICATION AND INSURANCE
The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and
causes of action, which may arise out of the Agreement. The Provider shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend or pay to defend all suits brought against
the City, when requested, and shall pay all costs and judgments which may be issued thereon.
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Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are
involved in any way in the performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate ofInsurance.
All liability insurance coverage shall be approved by the City's Risk Management Office prior to the
release of any funds under this Agreement. Generally, the amount of coverage necessary would be at a
minimum of $300,000.
Further, in the event evidence of the required insurance is not forwarded to the Risk Management Office
within thirty (30) days after the execution of this Agreement, this Agreement may be terminated at the
City's option and any payments then due may be permanently withheld by the City and the City will have
no further obligation under this contract or any Subrecipient contract.
SECTION XII: AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government representatives
may deem necessary, there shall be made available to representatives of the City and/or the Federal
Government an opportunity to review, inspect or audit all records, documentation, and any other data
relating to all matters covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal
year. The submitted audit shall include any management letters and agency responses to the management
letters. The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB
Circular A-133 or OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt
of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such
closeout.
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SECTION XIII: REVERSION OF ASSETS
The Provider shall transfer to the City any funds on hand or any accounts receivable attributable to the use
of the City funds should the agency close its doors. The Provider shall also transfer to the City any real
property in the Provider's control that was acquired or improved in whole or in part of with City funds.
SECTION XIV: COMPLIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
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IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
PINELLAS COUNTY COALITION FOR
THE HOMELESS, INC.
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Presidtnt /
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Date
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Secretary
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Countersigned:
CITY OF CLEARWATER, FLORIDA
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~nk V. Hibbard
Mayor-Councilmember
By:
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William B. Home, II
City Manager
Continued:
Attest:
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