SUBRECIPIENT AGREEMENT FY 2011-2012 - CASE MANAGEMENT - TRANSITIONAL HOUSINGC�TY OF CLEARWATER, FLORIDA
AND
THE KIMBERLY HOME, �NC.
FY2011-2012
SUBRECIPIENT AGREEMENT
(Case Management/Transitianal Housin�
THIS SUBRECIPIENT AGREEMENT as entered into on this 1 st day of October 2011, by and between
the City of Clearwater, a Floz�da municipal corporation, having its principal office at 112 Sauth Osceola
Avenue, Clearwater, Florida, hereinafter referred to as the "City", and The Kimberly Home, Inc.
hereinafter referred to as the "Provider" or "Subrecipient", whose principal address is: 1189 N.E. Cleveland
Street, Clearwater, FL 33755.
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and
Urban Development (HLJD) for the puupose of conducting a Housing and Cammu►lity Development
Program with federal financial assistance under Title I of the Housing and Comrr�unity Development Act of
1974, as amended, hereinafter called "Act" (42 U.S.C. 5301 et seq.); and the Cranston-Gonzalez Natianal
Affardable Housing Act of 1990 (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 Develapment for the purpose of conducting the C�rnmunity Development Block Crrant (CDBG) (24
(CFR 57�) and the HOME Investrnent Partnership (HOME) Frogram (42 CFR 92) with federal assistance
under Title II of the Cranston-Gonzalez National Affardable Housing Act of 1990, as amended (42 U.S.C.
12701-12839); and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of
canducting the State Housing Initiatives Partnership (SHIP) �rogram with State of Florida assistance under
the William E. Sadowski Housing Act (Section 420.907 - 420.9079, Florida Statutes, and Rule 67-37,
Florida Administrative Code (FAC)) which was signed into law on July 7, 1992; and
WHEREAS, the City has deternuned thr�ugh its Fiscal Year 2011-2016 Consolidated Plan and
FY2011-2012 Consolidated Actian Pla�n, which was adopted on July 21, 2011, the necessity for providing
funding for services supporting pregnant and parenting young very low to moderate-income women
residing in Clearwater;
VV�IEREAS, the City desires to engage the Pmvider to render certain services in cannection
therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
The Provider shall use City funds for salary support to pay far a full time Licensed Clinical Social Worker
who provides targeted case management after a clinical assessment for residents and family members. The
goal af the worker is to ensure that when a client leaves she will have gained the education, self-confidence,
and life skills to remain independent and to reduce the rate of recidivism within this population. The
provider agrees to accomplish this activity in accordance with the projected accomplishments attached and
made a fully binding part of this Agreement, as located in Appendix 1.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the fallowing:
A. The Program sha11 serve eligible very-low and moderate-income persons living in Clearwater. The
Provider shall certify that the activities carried out with funds provided under this Agreement will
meet one or more of the CDBG program's National Objectives — 1) benefit lovv ta m�derate income
persons, 2) aid in the preventian or elimination of slum and blight, 3) meet cornmunity
development needs having a particular urgency -- as de�ned in 24 CFR 570.208 and all applicable
rules and regulations as contained in the federal HOME Investment Partnership and State af Flarida
State Hausing Initiatives Partnership (SHIP) programs.
B. The Provider shall maintain in its file the documentation on which basis it determines that the
project benefits low and moderate-income persons, minorities and residents of Clearwater. Such
records shall include, but nat be limited to profiles identifying iulancial classificatian, head of
hausehold, ethnicity, race and gender, or area benefit data, as required.
G The Provider shall maintain a citizen participation mechanism, which will include, but nat be
limited ta the following:
1. Logging citizen comments or complaints when received.
2. Copies of comments and/or cornplaints received in writing.
3. Copies of responses to complaints and/ar explanations of resolutions to complaints.
D. The Pravider shall comply with Subpart c— Post Award Requirements of the Office of
Management and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements for
Grants and Agreements with Institutions af Higher Education, Hospitals and Other Non-Profit
�rganizations", incorparated by reference into this Agreement.
E. Costs incurred under this pragram shall be in compliance with Federal Managernent Circular No.
A-122, "Cost Principles for Non-Proft Organizations", incarparated by reference into this
Agreement.
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F. The Provider shall abide by those pravisions of 24 CFR Part S70 subpart J, when applicable,
incarporated by reference into this Agreement.
G. Na exp�nditures ar obligatians shall be incurred for the program prior to approval and release of
funds from the U.S. Department of Housing and Urban Development and/or the State af Florida.
Further, it is expressly understaad that in the event no funds are released from the U.S. Department
of Housing and Urban Development and/or the State of Florida in connection with this Prograrn,
then the City is not liable for any clairns under this cantract.
H. The Operating Agency hereby certifies that, in the impler►�entation o:F prajects fiuxded by this
Agreement and in all of its other operations, it will comply with all requirements of Section 504
of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8),
the Americans with Disabilities Act of 1990 (Public Law (PL) 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hald harmless and indemnify the City from and against any and all liability for any
noncompliance on the part of the Operating Agency. Funds awarded under this Agreement may
be de-�bligated should any of the following occur.
(1) Notiiication by HUD to 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 project is deficient and that continued support
of the project is not praviding an adequate level of services ta low income and miz�o�ity
people; ar
(3) Written notification from HUD to the City that the program funds made available to the
City are being curtail�d, withdrawn, or otherwis� restricted.
(4) Fails to file required reports or meet project progress or completion deadlines;
(5) Materially fails to camply with any provision of this Agreement (which may result in
suspension or termination in accordance with 24 CFR 85.43 or OMB Circular A-110,);
(6) Expends funds under this Agreement for ineligible activities, services or items;
(7) Implements the project prior to notification from the City that the federal environranental
review pracess has been completed;
($) Violates Labor Standards requirements; ar
(9) Fails to comply with written notice from the City af substandard perfarmance und�r the
terms of this Agreement.
I. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex.
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J. The Provider agrees that t� the extent that it staffs the Frogram with personnel nat presently
employed by said party, it will take aff'irmative action in attempting to employ low income persons
residing iri the City of Clearwater, particularly minority group members.
K. The Provider sha11 comply with the pravisians af 24 CFR 57p.504 (c), "Program Tncome" and meet
the definition of program incorne defined in 24 CFR 570.500 which generally states that program
incorne is grass income received by the recipient or a Subrecipient directly generated from the use
of CDBG funds. All program income generated thraugh the use of Community Development Block
Grant, HOME Investment Partnership Program, and State Housing Initiatives Partnership programs
shall be returned to the City within 45 days after receipt by the Subrecipient. In those instances
where the City allaws the sub-recipient to retain program income, these funds shall be expended for
CDBG eligible activities, previausly approved by the City in accordance with the projected
accomplishments and budget descriptions attached to this Agreement. In addition, at the end af the
program year, the City may require remittance of all or part of any CDSG pragram income balances
(including investments thereo fl held by the subrecipient (except those needed for immediate cash
needs, cash balances af a revolving loan fund, cash balances from a lump sum drawdown, or cash
or investrnents held for section 108 security needs).
L. The Provider shall transfer to the City any CDSG funds an hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds. All real property acquired or irnproved
in whale or in part with CDBG funds in excess of $25,000 shall be:
(1) Used to meet one of the national objectives in Section 24 CFR Part 570.20$ until iive years
after expiration of the agreement, or fro such longer period of tirne as determined to be
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 ta expenditures on
non-CDBG funds for the acquisition of or impravement to, the property. The payment shall
be considered prog�ram incame.
A subrecipient receiving HOME funds must transfer to the City any HOME fiuids on hand at
the time of expiration of this Agr�ement and any accounts receivable attributable to the use af
HOME funds.
A subrecipient of SHIP funds recognizes that funds may revert to the City in accordance with
the provisions of the City's local housing assist�nce plan.
M. 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 emplayment or give preference in emplayment to persons on the
basis of religion.
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2. Tt will not discriminate against any person applying for public services on the basis of
religian and will not limit such services ar give preference to persons on the basis of
religion.
3. It will provide no religious instruction or counseling, conduct no religious w�rship or
services, engage in na religious proselytizing, and exert na other religious influence in the
pravisian of such public services.
4. The portion af a facility used to provide public services assisted in whole or in part under
this Agreement shall contain no sectarian or religiaus syrn.bols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or
restore any religiaus facility which is owned by the Frovider and in which the public
services are to be provided. However, minor repairs may made if such repairs are directly
related ta the public services; are located in a structure used exclusively far nan-r�ligious
purpases; and constitute, in dollar terms, only a rninar portion af 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 ta the
use of CDBG, H�ME and/or SHIP funds. The follawing restrictions and limitations apply to any
real property under the Provider's cantrol, which was acquired or improved in whal� or in part with
CDBG funds in excess of $25,000:
1. Any real property under the Pravider's cantrol m.ust be used to meet one oi the National
Objectives in tl�e CDBG Regulations, 24 CFR Part 570.208 until five years ar such longer
period of time as determined appropriate by the City aftex expiration of the Agreement.
Land-banking is a prohibited activity tu�der the City's programs.
2. If the real property is sold within the periad af tirne specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the arnount af the cunrent
fair market value of the properiy, less any partion thereaf attributable to expenditures on non-
CDBG fiuids 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, descriptions of the
sponsorship of the praject, research reports, and similar public notices prepared and released by the
Provider shall include the statement:
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FUNDED BY
THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAMS
In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PRQGRAM FUNDS,
AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FUNDS
ADMINISTERED BY THE HOUSING DIVISION OF THE CITY �F CLEARWATER —
ECONONIIC DEVELOPMENT AND HOUSING DEPARTMENT" shall appea�r in the same
size letters or type as the name af the Provider.
P. The Pravider shall ensure the fallowing when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scape 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 this Agreement, the Cornrnunity Develapment
Block Grant Program and all applicable laws and regulations.
This dacumentation shall include, but not be limited to, the fallowing:
1. Books, records and documents in accardance w�ith generally accepted accounting principles,
pracedures and practices which sufficiently and praperly 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 emplayees who work on more than one activity, in ordex to
record the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG
related charges.
3. Haw the Statutory National Objective(s) and the eligibility requirement(s) under which
funding have been received, have been met. These also include special requirements such
as necessary and appropriate determinatians, incame certifications, and written agreements
with beneficiaries, where applicable.
R. The Provider is responsible for maintaining and sta�ing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location far a periad of five (5) years
after expiration of this Agreement, with the fallowing exception: if any litigation, claim or audit is
started before the expiratian 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 claseout of this Agreement, of the address where the records are to be kept.
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SECTION III: OTHER CONTRA.CTUAL PROVISIUNS
A. Labor Standards
Except with resp�ct 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 canstntction, completian, rehabilitation, or repair of any building or work financed
in whole or in part with assistance provided under this Agreern�nt are subject ta the federal labor
standards provisians which gavern the payment of wages and the ratio of apprentices and trainees
to journey workexs. Under the terms of the Davis-Sacon Act, as amended, the pravider is
required to pay all laborers and mechanics employed on canstruction work wages at rat�s not less
than those prevailing on sirnilar canstruction in the locality as determined by the Secretary of
Labar, 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, tk►at if wage rates are higher than those required under the regulations are imposed by
State or local laws, nathing hereunder is intended ta 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 af tk�e Flood Disaster Protection Act af 1973 (PL
93-234). Use of any assistance provided under this Agreement for acquisition or construction in
an area identiiied as having special fload hazards shall be subject to the mandatory purchase of
flaad insurance in accordance with the requirements of Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts
Which Exceed $100,000
The provider shall camply with and require each subcontractor to comply with all applicable
standards af the Clean Air Act of 1970, (42 USC 7401 et seq.), as amended, the Federal Water
Pollution Control Act (33 USC 1251 et seq.), as amended, and the regulations of the
Environmental Protectian Agency with respect thereto, 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 pers�nnel emplayed in the
administration of the program shall be in an.y way or to any extent engaged in the conduct of
political activities in contravention of Chapter 15 of Title 5, USC.
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E. Lead-Based Paint
Any grants or loans made by the provider for the rehabilitation of residential structures with
assistance provided utider this Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 3S. Operating Agency will comply
with the requirements of 24 CFR 570.608 for notificati�n, inspection, testing, and abatement
pracedures concerning lead-based paint. Such regulations require that all owners, praspective
owners, and tenants of properties canstructed prior to 1978 be praperly notified that such
praperties may contain lead-based paint Such notification shall point out the hazaxds of lead-
based paint and explain the symptoms, treatmer►t, and precautions that should be taken when
dealing with lead-based paint paisoning.
F. SpeciaC Assessrraents
Provider shall not attempt to recover any capital casts of public improvements assisted in whole
or in part with funds provid�d under Section 106 of the Act (42 USC 5306) or with amounts
resulting from a guarantee under Section 108 (42 USC 5308) af the Act by assessing any amount
against properties �wned and occupied by persons of low and moderate income, including any
fee charged or assessment made as conditian of obtaining access ta such public improvements,
unless (1) funds rec�ived under Section 106 of the Act are used to pay the proportion af such fee
or assessment that relates to th� capital costs of such public impravernents that are financed from
revenue saurces ather than under Title 1 of the Act, or (2) for purposes of assessing any amount
against properties owned and occupied by persons of moderate income, the grantee certifies to
the Secretary o:f HUD that lacks sufficient fitnds received under Section 106 of th� Act to comply
with the requirements of subparagraph (1).
G. Acquisition, Rehabilitation, and Demolition af Real Property and Displacement of Per�sons
and Susinesses
Provider shall cornply with the "City of Clearwater, Housing Division, Community Developznent
Slock Grant Program Plan for Minimizing the Displacement of Persons As a Result of
Community Development Block Grant Funded Activities" and "City of Clearwater, Housing
Division, Community Development Block Grant Pragram Residential Anti-displacement and
Relocation Assistance Plan." Provid�r shall conduct any acquisition, rehabilitation, or
dernolition, of real property, and any negotiations for acquisition, rehabilitation or demolition of
real property in compliance with the Uniform Relocatian Assistance and Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implennenting
regulations at 49CFR 24 and 24 CFR 570.606. Unless specifically pernnitted, the provider shall
not cause either ternporary or permanent invaluntary displacement oi persons ar businesses. Tf
the provider causes the involuntary temporary or permanent displacement of any person or
business as a result af Community Development Block Grant activities, it shall comply with the
City's "Plan to Assist Persons Actually Displaced by Community Development Black Grant
Activities," and �perating Agency shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniform Relacation Assistance and
Real Praperty Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the
implementing regulations at 49 CFR 24 and 24 CFR 570.60G. The Provider hereby agrees to
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defend, to pay, and to indemnify the City from and against, any and all claims and liabilities for
relocation benefits ar the provision of replacement dwelling units required by federal statutes and
regulations in connection with activities undertaken pursuant ta this Agreement.
H. Lobbying 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 ernplayee of any agency, a Member of Congress, an officer or
employee of Congress, ar 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
1oan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or rnodification af any Federal contract, grant, loan, or cooperative agreement;
If any funds ather 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 Mernber of
Congress, an officer or employee of Congress, or an employee of a Member of Congress, in
connection with this Federal cantract, grant laan ar cooperative agreement, it will cornplete and
submit Standard Form-LLL, "Disclosure Form to Report Labbying," in accordance with its
instructions; and
It will require that the language of this paragraph H be included in the award documents for all
sub-awazds at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all Subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upan which reliance was placed when this
transaction was made or entered into. Submission of this certi�ication is a prerequisite for
making or entering into this transactian imposed by 31 USC 1352. Any person who fails ta �le
the required certificatian shall be subject to a civil penalty of not less tl�an $10,000 and not more
than $1 p0,000 for each such failure.
SECTION IV: TERM OF AGREEMENT
This Agreement shall be deerned effective upon approval and release of funds by the U.S. Departt�ent 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, 2011 to Septernber 30, 2012. The term may be
arnended if both execute a written agreement.
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SECTION V: TERNIINATION
The City and the Provider agree:
A. This Agreexnent may be terminated by either party hereto by written notice of the other party af
such intent to terminate at least thirty (30) days prior to the effective date of such terminatian.
B. This Agreement may be terminated in whale 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 terminatian, 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
Agreernen.t, the City may ternunate such in its entirety.
C. The City may place the Provider in default of this Agreement, and rnay suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall includ�, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete in any
material respect.
c. Innplementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing ta any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence af fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the Subrecipient, and applicable HUD 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 th� City, such as withholding of payments,
actions to be taken by the Pravider as a condition precedent to clearing the deficiency and a
reasanable 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 faund for termination
of this Agreement. The Pravider 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.
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D. Let it be further understood that upon cw-tailment of, or regulatory constraints placed on, the funds
of the U.S. Department of Housing and Urban Developrnent and/or the State of Flarida, this
Agreement will terminate effective as of the time that it is deternuned such funds are no longer
available.
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 suspensian or
tezmination or subsequently. Other C05tS during suspension or after terminatian 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 nat in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs wauld be allawable if the award were not suspended or expired normally at the
end af 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 ar if additional amounts are due the
Provider.
SECTiON VI: AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have
been reduced in writing and duly signed by both parties. Any changes, which do not substantially change
the scope of the project and/or the Project Tmplementatian Schedule or increase, the total amount payable
under this Agreement, shall be valid only when reduced to writing and signed by the City Adrtainistration
and the Provider.
The City shall n�t reimburse the Provider for autlays in excess of the funded amount af the Agreement
unless and until the City officially, in writing, approves such expenditure by executing a written
modification to the original Agreement.
SECTION VTI: METHOD OF PAYMENT
It is expressly understood and agreed that the total campensation to be paid hereunder far actual
expenditures incurred shall be reserved in the amount of TWELVE THOUSAND DOLLARS AND
NO---00/100 (�12,000.00).
The funds must be expend�d in accordance with the terms and conditions of the Agreement. Funds set
aside for this agency may increase or decrease, subject to production performance. Productian will be
reviewed quarterly and will be based upon the goals the Ptovider established in their program
implementation schedule. Any remaining balance af funds shall revert ta the City ar other approved
provider(s). Such cornpensation shall be paid in accardance with the projected accomplishments and
budget descriptions attached hereto and made a part hereof as Appendix 1.
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A. The Provider shall submit monthiv requests for payment for actual expenditures (ar na expenditures
during the month), including applicable back-up documentation, na later than the tenth (lOth) day
of the succeeding month and the City will pravide reimbursement, upon approval, within twenty
(20) working days after receipt af the same, and if all required documentatian is submitted with
request at�d if a11 documentation is correct.
B. The City agrees to pay the Provider for ex�enditures incurred under this Agreement on an as needed
basis in accordance vvith the Budget and Project Implementation Schedule attached hereto and
made a part hereof as Appendix 1. Line item transfers are allavvable �nly within each component
and znay not exceed in the aggregate fifteen percent (1S%) of each line item without �rior written
approval of the City. Al] changes amounting to more than fifteen percent (15%) require riar
written approval.
SECTION VYTY: EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Operating Agency agrees as fallaws:
1. The Operating Agency shall not discriminate against any employee or applicant for emplayment
becaus� of race, color creed, religian, sex age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by applicable law.
The Operating Agency shall take affirmative action to ensure that applicants are employed and
that employees are treated during employmer►t 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 ta the following: Employment, upgrading, demotion ar
transfer, recruitment or recruitment advertising, layo:ff or termination, rates of pay or other forms
oi compensation, and selection for training including apprenticeship. The Operating Agency
agrees to post in conspicuaus places, available to employees and applicants for employrnent,
notices to be provided setting forth the provisions oi this nondiscrirnination clause.
2. The Operating Agency will, in all solicitations ar advertisements for employees placed by or an
behalf of the operating Agency, state that all qualified applicants will receive consideration for
employxnent 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 Operating Agency will send to each labar union or representative of workers with which is
has a collective bargaining agreement or other contract of understanding, a notice to be pravided
advising the said labor unian or workers; representatives of the Operating Agency's
commitments under this section, and shall post copies of the notice in conspicuaus places
available ta employees and applicants for ernplayment.
4. The Operating Agency will comply\ with all provisions af Executive Order 11246, Equal
Emplayment opportunity, of September 24, 1965, as amended by Executive Orders 1147$,
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August 8, 1969 and 1��86, October 5, 1978, copies of which are on file and available at the City
and of the rules regulations, ar�d relevant arders af the Secretary of Labor.
5. The Operating Agency will furnish all information and reports required by Executive Order
11246 of September 24, 1965, as amended, and by rrxles, regulatians, and orders of the Secretary
of Labor, or pursuant thereta, and will permit access to its books, records, and accounts by HLTD
and the Secretary of Labor for purposes of investigation to ascertain campliance with such rules,
regulations, and orders.
6. In the event of the Operating Agency's nancornpliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this cantract may be cancelled,
terminated, or suspended in whole ar in part and the Operating Agency may be declared
ineligible far further Government contracts or federally assisted construction cantracts in
accordance with procedures authorized in Executive Order 11246 of Septernber 24, 1965, as
amended, and such other sanctians may be irnposed and remedies invoked as provided in
Executive order 11246 of S�ptember 24, 1965, as amended, or as otherwise provided by law.
7. The Operating Agency will include the portion af the s�ntence immediately preceding paragraph
(1) and the pravisions of paragraphs (1) through (7) in every subcantract or purchase order
unless exempted by rules, regulations, ar arders of the Secretary of Labor, issued pursuant to
Sectian 204 af Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon �ach subcantractor or vendor. The Operating Agency will take
such action with respect to any subcontract or purchase arder as HUD may direct as a means of
enforcing such provisians, including sanctians far 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 o� 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 Opporturzity in Participation
The Provider shall adhere to the regulations established in th� Housing and Community Development
Act of 1974, and in confarmance with City policy and all requirements irnpased by or pursuant to the
Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States shall on the gr�und of race, color creed, religion, sex, age, handicap, disability, sexual
orientation, ancestry national origin, mazital 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 Pragram funds.
B. Specffe (not exclusive) Discriminatory Actions Prohibited:
The Provider may not directly ar thraugh cantractual or other arrangements, on the ground of race, colar,
creed, religion, s�xual orientation, ancestry, national origin, marital status, familial status, age handicap,
disability, sex or any other basis prohibited by applicable law:
13
(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 rnater or process
related to receipt of any service or benefit under the pragram or activity.
(4) Restrict in any way access ta, ar the enjoyment af atay advantage or privilege enjoyed by
others in conn�ction with facilities, services, financial aid or other benefits under the
program or activity.
(5) Treat an individual differently from athers in determining whether the individual satisfies
any admissian, enrollment, eligibility, membership, or other requirements or condition
which the individual must meet in order to be provided any facilities, services, ar ather
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.
C. Business and EmpXoyment Opportunities for Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Business Enterprises
The Provider shall conform with the rules and regulations set forth under Section 3 af the Housing and
Urban Development Act of 1968, (12 USC 1701 u), as amended, and the HUD regulations issued
pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible, oppartunities
for trainit�g and employment be given to lower income residents af th� praject area, and contracts for
work in connection with the praject be awarded to business concerns which are located in, or owned in
substantial part by, persons residing in the area of the project. In all salicitatians for bids, the contractor
must, before signing the contract, provide a preliminary statement of the workforce, needs and plans for
possible training and employment af lower income persons. When an Operating Agency utilizes the
bidding procedure to let a bid, the invitation or solicitation for bids shall advise prospective cantractors
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 cantract or subcontract. Please see Appendix 3.
If an Operating Agency solicits or requests an invitation for bids, every �ffart feasible will be nnade to
contact minority-owned and women-awned business enterprises for a response to the solicitation or
invitation for bidders.
D. Nondiscrimfnation in Federally Assisted Programs
The Provider shall comply with Title VI of the Civil Rights Act of 1964 (FL $$-352, 42 USC 2000d et
seq.) and the Fair Hausing Act (42 USC 3601 19, 31). In accordance with City policy and Title VI of the
ia
Civil Rights Act of 1964 (PL 88-352), in the sale, lease of other transfer of land acquired, leased or
impraved with assistance pr�vided under this Agreernent, the deed or lease for such transfer shall
contain a covenarxt prohibiting discrimination upon the basis of race, color, creed, religion, sex handicap,
disability, sexual orientation, ancestry, national origin, marital status, or familiar status, in the sale, lease
or rental, ar in the use or accupancy of such land ar any impravernents erected or to be erected thereon.
The Provider will comply with Title VIII oi the Civil Rights Act of 1968 (PL 90-284, 42 USC 3601 et
seq.) as amended and will administer all prog�rams and activities related to housing and community
development in a manner to affirmatively further fair housing.
SECTION IX: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection witix Commuriity Development Black Grant Program, HOME Investment
Partnership Program and State Housing Initiatives Program funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider caven�ants that in the performance af 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
canflicts 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 disclasure shall occur immediately
upon knowledge of such passible conflict. The City will then render an opinion, which shall be binding on
bath 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. T'he Provider shall pay a11 clairns and lasses 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 a,ll costs and judgrnents which may be issued thereon.
Automobile and vehicle coverage shall be required when the use af autornabiles a�t�d other v�hicles are
involved in any way in the perfarmance af the Ag�reement.
The Pravider sha11 submit to the City an OItIGINAL Certificate of Insurance.
All liability insurance coverage shall be approved by the City prior to the release of any funds under this
Agreement. Generally, the amount of coverage necessary would be at a minimum of $300,000. Further, in
the event evidence of the required insurance is not forwazded to the City 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 £u�er abligation under this
contract ar arzy Subrecipient cantract.
SECTIDN XI: REPORTING AND EVALUATIDN REQUIREMENTS
Maintaining credibility far th� coznnnunity development effort rests heavily on the ability to produce an
impact in low/moderate income areas, thraugh progress in accomplishing scheduled activities. An
1S
effective method for maintaining project progress against a previausly established schedule is through
project evaluation and reporting, which will 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 ReAO�ts - are due no later than the tenth (lOth) day of the succeeding rnonth and shall
include the request for payment when applicable. A monthl re rt is due re ardless if an funds
have been expended. Contents of the Monthly Report, attached hereto and made a part hereof as
Appendix 2, shall include but not necessarily be limited to the following:
1. The "Financial Report & Implementation Summary" Form, which shall include the request
for payment and documentation, as applicable.
2. The "Pragram Activity Report"
3. The "Request for ReimbursemenY' Form
4. Tnstructions for Appendix 2 Forms
B. Final Evaduation - Within thirty (30) days af contract completion, a final report documenting how
the Statutory National Objective and the eligibility requirements were rnet, must be submitted by
the Provider to the City's Housing Division for review and approval. The contents of it shall
include a cumulative total of the data submitted during the program's aperation. Further, such
report shall include statistical findings, which depict program efficiency; i.e., the number of dallazs
spent, including non-CDBG funding sources, to render actual service to program recipients, and an
overall evaluatian of the prog�ram's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be notified if additional data. is necessary ar that the project/activity
is considered "clased-out".
C. Other Re ortin Re urwements may be required by the City in the event of program changes, need
for additional information or documentation and/or legislation amendments. The Provider shall be
informed, in writing, if arry ckiar►ges b�come necessary.
Reports and/or requested documentation not received by the due date, shall be considered
delinquent, and may be considered by the City as sufficient cause ta suspend CDBG, HOME, and
SHIF payments to the Provider.
SECTION XII: AUDYT AND INSPECTIONS
At any time during normal business how's 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 axu�►ual 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 xesponses to the management
16
letters. The audit shall be performed in accordance with OMB Circular A-11 Q 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: REVERSION OF ASSETS
The Provider shall transfer to the City any CDBG, HOME or SHIP funds on hand (including program
income) or any accounts receivable attributable to the use of CDBG, HOME or SHIP funds should the
agency close its doors. Tk►e Provider shall also transfer ta the City any real property in the Provider's
control that was acquired or improved in whole or in part of with CDBG, HOME or SHIP funds, unless it
is used to (1) meet one of the national objectives in Section 570.208 until five years after the expiration af
this agreement, or for such longer period of time as determined to be appropriate by the recipient; or (2) if
not used for eligible activity, the Provider shall pay to the City an amount equal to the current to the cwirent
market value af the property less any portian af the value attributable to expenditures of non-CDBG,
HOME or SHIP funds for the acquisition of or improvement to, the property.
SECTION XIV: CUMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Pravider will comply with all state and lacal laws and ordinances hereto
applicable.
SECTION XV: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to
be used far compensation originated from grants of federal Community Development Block Grant �'unds,
HOME Investment Partnership Program Funds and State Hausing Initiatives Partnership Funds, and must
be implemented in full compliance with all of HUD's and the State of Florida rules and regulations.
It is expressly understood and agreed that in the event af curtailrnent or nan-praductian of said federal gxant
funds, that the financial sources necessary to continue to pay the Provider compensation will not be
available and that this Agreement will thereby terminate eff�ctive as of the time that it is determined that
said funds are no longer available.
In the event of such determinatian, the Provider agrees that it will not look to, nor seek to hold liable, the
City or any individual member of the City Commission thereof personally for the performance of this
Agreement and all of the parties hereto shall be released fram :Further liability �ach to tlae other under the
tezms of this Agreement.
17
IN WITNESS WHEREOF, the parties hereto have caused this Agre�ment ta be executed by their duly
authorized afficials on the day and date �irst above indicated.
Cow�tersigned:
�
��// By.
��
Frank V. Hibbard
Mayor
Continued:
Approved as to form:
Laura Mahany
Assistant City Attorney, II
THE BERLY HOME, �NC.
By �
Boar resident
�/�/��
Date
r:�.i�r���
.(� ,
Bo d Secretary
7� ' �caC —�/
Date
CITY OF CLEARWATER, FLORIDA
�. �. �.I.
� William B. Horne, II
City Manager
Attest:
l8
Rosemarie Call, MPA, CMC
APPENDIX 1
Provider's Program Budget
The Kimberly Home, Inc. FY 11-12
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APPENDIX 1
Provider's Program Impl�mentation Schedule
The Kimberly Home, fnc. FY 11-12
Planned Oct Nov Dec Jan �eb Mar Apr May Jun Jul Aug Sep
Implementation
Steps
/.� > > �1►1 �] ►:(cj
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incarporate ar cause ta be incolporated inta any cantract for
canstruction wark, ar modi:Fication 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 ftulds obtained frorn the Federal Governrnent ar
barrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or
guarantee, or undertaken pursuant to any Federal pragram involving such grant, cantract, laan, insurance,
or guarantee, the follawing Equal Opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discrirninate against any employee or applicant for ernployment because of
race, calar, religion, sex, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or trans�er; recruitment ar recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection of trainin�,
including apprenticeship. The contractar agrees ta post in a conspicuous place, available t�
employees and applicants for employment, notices to be provided setting forth the provision of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, will state that all qualified applicants will receive consideration for employment without
regazd to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative af workers with which he has a
collective bargaining agreement or other cantract or understanding, a notice to be provided advising
the said labor union or workers' representative of the contractor's carnmitments under this section,
and shall post copies of the natice in conspicuous places available to employees and applicants for
employment.
(4) The contractor �vill camply with all pravisians af Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contzactar will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulatians, and orders of the Secretary of Labor, or pursuant
thereta, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purpases of investigation to ascertain compliance with such rules,
regulatians, and orders.
(6) In the event of the contractor's non-compliance with the non-discriminatian clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
susp�nded in whole or in part and the cantractor 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, or by rule, regulation, or arder of the Secretary of
Labar, or as otherwise provided by law.
(7) Th� contractor will include the poztion of the sentence immediately preceding paragraph (1), and
the pravisions of paragraphs (1) through (7) in every subcontract ar purchase order unless exempted
by rules, regulations, ar orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 1124G of September 24, 19b5, sa that such provisions will be binding upon each
subcontractor or vendor. The contractar will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance provided, however, that in the event a contractor becames
involved in or is threatened with, litigation with a subcontractor or ven.dar as a result of such
direction by the administering agency, the contractor may r�quest the United States to enter into
such litigation to protect the interest of the United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its
own employment practices when it participates in federally assisted canstruction work: provided that, if the
applicant so participating is a State or local government, the above Equal Opportunity clause is not
applicable ta any agency, instnunentality or subdivision af such governrnent which does not participate in
work on or under the contract.
The applicant agrees that it will assist and caoperate actively with the administering agency and the
Secretary of Labar in obtaining the compliance of contractors and subcontractors with the Equa1
Opportunity clause and the rules, regulatians, and relevant orders of the Secretary of Labar, 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 atherwise assist the administering agency in the discharge
af the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 af Septernber 24, 1965, with a contractox debanred frorn, ar who has not
demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant ta
the Executive Order and w�ill canry out such sanctions and penalties for violation of the equal apportunity
clause as may be impased upon contractors and subcontractars by tl�e administering agency of the Secretary
of Labor pursuant to Par TI, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering agency may take any or all of the
fallowing actions: cancel, ternunate, suspend in whole or in part this grant (contract, loan, insurance
guarantee); refrain fram extending any further assistance to the applicant under the pragram with respect to
which the failure or refund occurred until satisfactary assurance of future compliance has been received
frorn such applicant; and refer the case to the Departinent of Justice far appropriate legal proceedings.
�
FEDERAL - SECTION 3 CLAUSE
A. The work to be p�rf�rmed under this contract is on a project assisted under a program providing
direct Federal financial assistance from the Department of Housing and Urban Development and is
subject to the requirements of Section 3 of the Housing and Urban Development Act af 1968, as
aix�ended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities far
training and employment be given to lower income residents of the praject area, and contracts for
work in connectian with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations
issued pursuant thereto by the Secretary af Housing and Urban Development set forth in 24 CFR
135, and all applicable rules and orders of the Department issued there under prior to the execution
of this contract. The parties to this contract certify and agree that they are undex no contractual or
other disability, which would prevent them fram complying with these requirements.
C. The contractor will send to each labor organ�ization or representative of workers with which he has
a collective bargaining agreem�nt or other contract or understanding, if any, a notice advising the
said labor organization of workers' representative of his commitrr�ents under this Sectian 3 Clause
and sha11 post copies af the notice in conspicuous places available to employees and applicants for
employment or training.
D. The contractor will include this Section 3 Clause in every subcontract for work in connection with
the project and will, at the direction of the applicant for or recipient af Federal financial assistance,
take apprapx'iate action pursuant to the subcontract upon a imding that the subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban Develaprnet�t, 24 CFR 135
The contaractor will not subcontract with any subcontractor where it has notice or knowledge that
the latter has been faund in violatian of regulations under 24 CFR 135, and will not let any
subcontract unless the subcontractor has first provided it with a preliminary staternent af ability to
camply with the requirements of these regulations.
E. Compliance with the pravisions of Sectian 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued hereunder prior ta the execution of the
contract, shall be a condition of the federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill
these requirements shall subject the applicant ar recipient, its contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant ox loan agreement �r cantract
thraugh which Federal assistance is provided, and to such sanctions as are speciiied by 24 CFR
135.
3