SUBRECIPIENT AGREEMENT FY 2011-2012 - FACILITY IMPROVEMENTSCITY OF CLEARWATER, FL�RIDA
AND
DIRECTIONS FOR MENTAL HEALTH, INC.
FY2011-2012
SUBRECIPIENT AGREEMENT
(Facidzty I»aprovemerats)
THIS SUBRECIPIENT AGREEMENT as entered into on this 15` day of October 2011, by and between
the City of Clearwater, a Flarida municipal corporation, having its principal office at 112 South Osceola
Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the Directions For Mental Health,
Inc., hereinafter referred to as the "Provider" or "Subrecipient", whose principal address is: 1437 South
Belcher Road, Clearwater, FL 33764.
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and
Urban Development (HLTD) for the purpose of conducting a Housing and Community Develapment
Program with :Federal, financial assistance under Title I af the Housing and Community Development Act of
1974, as amended, hereinafter called "Act" (42 U.S.C. 5301 et seq.); and the Cranston-Gonzalez National
Affordable Housing Act of 1990 (42 U.S.G 12701 et seq.); and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and
Urban Develaprnent for the purpose of conducting the Community Development Block Grant (CDBG) (24
(CFR 570) and the HOME Investment Partnership (HOME) Pragram (42 CFR 92) with federal assistance
under Title II of the Cranston-Gonzalez National Affordable Housing Act oi 1990, as amended (42 U.S.C.
12701-12839); and
WHEREAS, the City has entered into an agreement with the State o:f Florida for the purpose of
conducting the State Housing Initiatives Partnership (SHTP) Program with State of Florida assistance under
the William E. Sadowski Housing Act (Section 420.907 - 420.9079, Flarida Statutes, and Ru1e 67-37,
Florida Administrative Code (FAC)) which was signed into law on July 7, 1992; and
WHEREAS, the City has deternuned through its Fiscal Year 2011-2016 Consolidated Plan and
FY2011-2012 Consolidated Actian Plan, which was adopted on July 21, 2011, the necessity for providing
fiuiding to improve a mental health care facility that provides services to very low to moderate-income
households residing in Clearwater;
WHEREAS, the City desires to engage the Pzovider to render certain services in connection
therewith:
NOW, THEREFORE, the parties hereta agree as follows:
SECTION I: SCOPE OF SERVICES
The Provider agrees to provide City funds to renovate the first floox of tbe Directions for Mental Health
building to alleviate the number of services located in the second floor of the building therefore offering a
more comfortable environment for their clients while accessing mental health services. The provider
agrees to accomplish these activities in accordance with th� projected accamplishments attached and made
a fully binding part of this Agreement, as located in Appendix 1.
SECTION II: C�NDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible very-law and moderate-income persons living in Clearwater. The
Provider shall certify that the activities carried out with funds provided under this Agreement will
meet ane ar more of the CDBG program's National Objectives —1) beneiit law ta maderate incorne
persons, 2) aid in the prevention ar elimination of slum and blight, 3) meet coznrnunity
development needs having a particular urgency -- as defined in 24 CFR 570.208 and all applicable
rules and regulatipns as cantained in the federal HOME Investment Partnership and State a� Florida
State Housing Initiatives Partnership (SHIP) programs.
B. The Provider shall maintain in its file the documentation on which basis it determines that the
project benefits law and moderate-income persons, minorities and residents of Clearwater. Such
records shall include, but not be limited to profiles identifying �nancial classiiication, head of
household, ethnicity, race and gender, or area benefit data, as required.
C. The Pravider shall maintain a citizen participation mechanism, which will include, but not be
limited to the following:
1. Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of resalutions to complaints.
D. The Provider shall comply with Subpart c— Post Award Requirernents of the Office of
Management and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations", incorporated by ref�rence into this Agreement.
E. Costs incurred under this program shall be in compliance with Federal Management Circular Na.
A-122, "Cost Principles for Non-Prafit Organizations", incorporated by reference into this
Agreernent.
F. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreernent.
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G. No expenditures or obligations shall be incurred for the prograrn prior to approval and release of
funds fro�x�. the U.S. Department of Housing and Urban Development and/or the State of Florida.
Further, it is expressly understood that in the event no iunds are released from the U.S. Department
of Housing and Urban Development and/ar the State of Florida in connectian with this Program,
then the City is not liable for any claims under this cantract.
H. The Operating Agency hereby certifies that, in the irnplementation of projects funded by this
Agreement and in all of its ather 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 (Fublic Law (PL) 101-336), and all state and local
laws requiring physical and program accessibility to pe�ple with disabilities, and agrees to
defend, hold 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-obligated should any of the following occur.
(1) Notification by HUD to the City that said project is ineligible because of project
location, services pravided, or any other reason cited by HUD;
(2) Natification by HUD to the City that said project is deficient and that continued support
of the project is not providing an adequate level af services to low income and minority
people; ar
(3) Written natification from HUD to the City that the program £unds made available to the
City are being curtailed, withdrawn, or otherwise restricted.
(4) Fails ta file requixed reports or meet project progress or completion deadlines;
(5) Materially fails to camply with any provision oi this Agreement (which may result in
suspension or termination in accordance with 24 CFR 85.43 or OMB Circular A-110,);
(6) Expends fiu�ds under this Agreement for ineligible activities, services or items;
(7) Implements the project prior to notificatian from the City that the federal environmental
review process has been completed;
(8) Violates Labor Standards requirernents; or
(9) Fails to comply with written notice from the City of substandard performance under the
ternns of this Agreement.
T. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
beneiits of the program on the ground of race, color, national origin or sex.
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J. The Provider agrees that to the extent that it staffs the Program with personnel not presently
employed by said party, it will take affirmative action in attempting to employ law incame persons
residing in the City of Clearwater, particularly minority group members.
K. The Provider shall comply with the pravisions of 2�4 CFR 570.504 (c), "Program Income" and meet
the definition of program income defined in 24 CFR 570.500 which generally states that program
income is gross income received by the recipient or a Subrecipient directly generated from the use
of CDBG funds. All program income generated through the use oi Community Develapment B1ack
Grant, HOME Investment Partnership Program, and State Housing Initiatives Fartnership programs
shall be returned to the City within 45 days after receipt by the Subrecipient. In those instances
where the City allows tY�e sub-recipient to retain program income, these funds shall be expended for
CDSG eligible activities, previously approved by the City in accordance with the projected
accomplishments and budget descriptians attached to this Agreement. In addition, at the end of the
program year, the City may require remittance of all or part of any CDBG program income balances
(including investments thereo fl held by the subrecipient (except those needed for immediate cash
needs, cash balances af a revalving loan fund, cash balances from a lu�mp sum drawdown, or cash
or invesrinents held for section 108 security needs).
L. The Provider shall transfer to the City any CDBG funds on hand at the time of expirati�n and any
accounts receivable attributable to the use of CDBG funds. All real property acquired or improved
in whole or in part with CDBG fw�ds in excess of $25,000 shall be:
(1) Used to xneet ane of the national objectives in Section 24 CFR Part 570.208 until five years
after expiration of the agreement, or fro such longer period of time as deternuned to be
appropriate by the City; or
(2) If not used as stated above, the provider shall pay ta City an amount equal to the current
market value of the property less any portion of the value attributable to expenditures on
non-CDBG funds for the acquisitian of or improvement to, the property. The payment shall
be considered program income.
A subrecipient receiving HOME fitnds must transfer to the City any H�ME funds an hand at
the time of expiration of this Agreement and any accaunts receivable attributable to the use of
HOME funds.
A subrecipient of SHIP funds recognizes that funds may revert to the City in accordance with
the pr�visians of the City's local housing assistance 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 an the basis of
religion and will not limit employment or give preference in ernployment to persons on the
basis of religion.
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2. It will nat discriminate against any persori applying for public services on the basis of
religion and will not limit such services or give prEference to persons on the basis af
religion.
3. It will provide no religious instruction or caunseling, conduct no religious warship or
services, engage in no religious proselytizing, and exert no other religious influence in the
provision of such public s�rvices.
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 symbals or decorations.
5. The funds received under this Agreement sha11 nat be us�d to canstruct, rehabilitate, or
restore any religious facility which is awned by the Provider and in which the public
services are to be provided. However, minor repairs may made if such repairs are directly
related to the public services; are located in a structure used exclusively for non-religious
purposes; and constitute, in dollar terms, anly a minor portion of the CDBG expenditure f�r
the public services.
N. The Provider shall transfer to the City upon expiration af this Agreement, any CDBG, HOME
and/or SHIP funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG, HOME and/or SHIP funds. The followiing restrictians and limitations apply to any
real property under the Provider's control, which was acquired or improved in whole ar in part with
CDBG funds in excess of $25,000:
1. Any real property under the Provider's control rnust be used to meet one of the National
Objectives in the CDBG Regulations, 24 CFR Part 570.208 until five years or such longer
period af time as determined app;rapriate by the City after expiration of th� Agreement.
Land-bar�king is a prahibited activity under the City's programs.
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner wluch results in the City being reimbursed in the amount of the current
fair market value of the praperty, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reirnbuxsement is
requued.
O. Tlxe ProvidEr agrees that when sponsoring a project finar�ced in whole or in part under this
Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the
spansarship of the praject, research reports, and similar public notices prepared and released by the
Frovider 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 wards "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS,
AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FUNDS
ADMIN�STERED BY THE HOUSING DIVISION OF THE CITY OF CLEARWATER —
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT" sha11 appeaz in the same
size letters or type as the name of the Provider.
P. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
Q. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
deterrnine compliance with the requirements of this Agreement, the Cornrnunity Development
Block Grant Program and all applicable laws and regulations.
This documentation shall include, but nat 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 pravided 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, in order ta
record the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG
related charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which
funding have been received, have been met. These also include special requirements such
as necessary and appropriate detertninations, income certifications, and written agreements
with beneficiaries, where applicable.
R. The Provider is respansible far maintaining and storing all recards pertinent ta this Agreernent in an
orderly fashion in a readily accessible, permanent and secured location for a period of five (5) years
after expiration af this Agreement, with the following exception: if any litigation, claim ar audit is
started before the expiration date of the three year period, the records will be maintained until all
litigatian, claims or audit findings involving these records axe resolved. The City shall be infarmed
in writing after closeout of this Agreement, of the address where the records are to be kept.
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SECTION III: OTHER CONTRACTUAL PROVISIONS
A. Labor Standards
Except with respect to the rehabilitation of residential property d�signed for residential use for
less than eight households, the provider and all subcontractors engaged in contracts in excess af
$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 labar
standards provisions which gavern the payment of wages and the ratia of apprentices and trainees
to journey warkers. Under the terms af the Davis-Bacan Act, as amended, the provider is
required to pay all laborers and m�chanics employed on construction work wages at rates not less
than thase prevailing on similar constructian in the locality as determined by the Secretazy af
Labor, and shall pay avertime compensation in accordance with and subject to the provisions of
the contract Work Houxs and Safety Standards Act (�0 USC 327-332), and the provider shall
comply with all regulations issued pursuant ta these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Cop�land "Anti-Kickback" Act.
Provided, that if wage rates are higher than thase required under the regulations are imposed by
State or local laws, nothing hereunder is intended to relieve the provider of its obligation, if any,
to require payment of the higher rates.
B. FCood Disaster Protection
This Agreement is subject to the requirements of the �'lood Disaster Protection Act of 1973 (PL
93-234). Use of any assistance pravided under this Agreement far acquisition or construction in
an area identiiied as having special flood hazards shall be subject t� the mandatory purchase of
flood insurance in accordance with the requirements of Section 102(a) of said Act.
C. CXean Air and Federal Water Pallution Control Act (Applicable to Contracts and Subcontracts
Which Exceed $100,000
The provider shall comply with and require each subcantractor to comply with all applicable
standards of the Clean Air Act of 1970, (42 USC 7401 et seq.), as amended, the �'ederal Water
Pollution Control Act (33 USC 1251 et seq.), as amended, and the regulations of the
Environmental Frotection Agency with respect thereto, at 40 CFR Part 32 as amended from time
to tirne.
D. Pravision af the Hatch Act
Neither the provider pragram nor the funds provided therefore, nor the personnel employed in the
administration of the program shall be in any way or ta any extent engaged in the conduct of
palitical activities in contravention of Chapter 15 of Title 5, USC.
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E. Lead Based Paint
Any grants or loans made by the provid�r far the rehabilitation of residential structures with
assistance pravided under this Agreement shall be rnade subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. Operating Agency will comply
with the requirements of 24 CFR 570.50$ for notification, inspection, testing, a�nd abat�ment
procedures cancerning lead-based paint. Such regulations require that all owners, prospective
owners, and tenants of prap�rties canstructed prior to 1978 be properly notified that such
properties may cantain lead-based paint Such notification shall paint out the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint paisaning.
F. Special Assessments
Provider shall not atternpt to recover any capital costs of public irnpravements assisted in whole
or in part with funds provided under Section 106 of the Act (42 USC 5306) or with amaunts
resulting from a guarantee under Section 108 (42 USC 5308) of the Act by assessing any a�naunt
against properties owned and occupied by persons of low and xnoderate incorne, including any
fee charged or assessment made as condition of obtaining access to such public impravements,
unless (1) funds received under Section 106 of the Act aze used ta pay the proportion of such fee
or assessment that relates to the capital costs of such public improvements that are financed from
revenue souurces other than under Title 1 of the Act, or (2) for purposes of ass�ssing any amount
against properties owned and occupied by persons nf rnaderate incarne, the grantee certifies to
the Secretary of HUD that lacks sufficient funds received under Section 106 of the Act to cornply
with the requirements of subparagraph (1).
G. Acquisition, Rehabilitation, and Demolition oj Real Praperty and Disp[acement of Persons
and Businesses
Provider shall comply with the "City of Clearwater, Hausing Division, Community Development
B1ack Grant Program Plan for Minirnizing the Displacement of Persons As a Result of
Community Development Block Grant Funded Activities" and "City of Clearwater, Housing
Divisian, Cammunity Develapment Black Grant Program Residential Anti-displacement and
Relocation Assistance Plan." Provider shall canduct any acquisition, rehabilitation, or
demolition af real property, and any negotiations for acquisition, rehabilitation or demolition of
rea1 property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the i�x�plementing
regulations at 49CFR 24 and 24 CFR 570.606. Unless specifically permitted, the provider shall
not cause either temporary or permanent involuntary displacement of persons or businesses. If
the provider causes the invaluntary temporary or permanent displacernent of any person or
business as a result of Community Development Block Grant activities, it shall comply with the
City's "Plan to Assist Persons Actually Displaced by Community Development Block Grant
Activities," and Operating Agency shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniform Relocation Assistance and
Real Property 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 or the provision oi replacement dwelling units required by federal statutes and
regulations in connection with activities undertaken pursuant to this Agreement.
H. Lobbying Restrictiarts
Provider certifies that, to the best af its knowledge and belief:
No Federal Appropriated funds have been paid or will be paid, by ar on behalf of it, to any
person for influencing an officer ar ernployee 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,
amendrnent, 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 ta any person
for influencing ar attempting to influence an officer or employee of any agency, a Member of
Congress, an officer ar ernployee of Congress, ar an employee of a Member of Congress, in
connection with this Federal contract, grant loan or coop�rative agreement, it will cornplete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbyiz�g," 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-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all Subrecipients shall certify and disclase accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was rnade or entered inta. Submission of this certification is a prerequisite for
making or entering into this trat�saction imposed by 31 USC 1352. Any persan who fails to file
the required certification shall be subject to a civil penalty of not less than $10,00� and not mare
than $100,000 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. Department of
Housing and Urban Dev�laprnent and/or the State of Florida and being duly executed by both parties,
whichever is later.
The term of this agz�eernent shall be from Octaber 1, 2011 to Septerriber 30, 2012. The term rnay be
amended if both execute a written agreernent.
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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 pa.rty of
such intent to ternunate at least thirty (30) days prior to the effective date of such termination.
B. This Ag�reement may be terminated in whole or in part, for convenience, when both parties agree
upon the termination conditians. 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 terniination, the
actual portion to be ternvnated. However, if, in the case �f a partial termination, the City
determines that the remaining portian of the Agreement will not accomplish the purposes of such.
Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perForm in accordance with this Agreement, ar any federal
statute or regulatian.
b. Submitting reports to the City, which are late, incorrect or incompl�te in any
material respect.
c. Implementatian af this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, misrnanagement, and/or waste, as determined by the City's
monitoring of the Subrecipient, and applicable HUD rules and regulatians.
2. The City shall notify the Provider in writing when the Provider has been placed in default.
Such natification shall include actions taken by the City, such as withholding of payments,
actions to be taken by the Provider as a condition precedent ta clearing the deficiency and a
reasanable date for compliance, which shall b� na mare than fifteen (15) days fram
notification date.
3. The City shall notify the Provider in writing when sufficient cause is faund for tertnination
of this Agreement. The Provider shall be given na rnare than fifteen (15) days in which to
reply in writing, appealing the ternunation prior to final actian being taken by the City.
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D. Let it be further understood that upon curtailment of, ar regulatozy canstraints placed on, the funds
of the U.S. Department of Hausing and Urban Development and/or the State of Florida, this
Agreement will terminate effective as of the time that it is determined such funds are no longer
available.
E. Costs of the Provider resulting frarn abligations incurred during a suspension or after termination,
are not allowable unless the City expressly authorizes them in t1�e notice of suspension or
terminatian or subsequently. Other costs during suspension or after terminatian which are
necessary and not reasonably avoidable ar� allawable if:
1. The costs result from obligatians which were properly incurred before the effective date of
suspension or tertninatian, are not in anticipation of it, and in the case of termination, are
noncancelable, a.rid
2. The costs would b� allowable if the award were not suspended or expired normally at the
end of the Agreement in which the termination takes effect.
F. Upan ternunation 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.
SECTIQN 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 chang�s, which do nat substantially change
the scape af the project and/or the Project Irnplementation 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 amaunt 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 tatal cornpensation to be paid hereunder for actual
expenditures incurred shall be reserved in the amount of FIFTY FIVE THOUSAND DOLLARS AND
00/100 ($55,000).
The funds must be expended in accordance with the terms and conditions of the Agreement. Funds set
aside for this agency may increase or decrease, subject ta production performance. Production will be
reviewed quarterly and will be based upon the goals the Provider established in their program
ixnplementation schedule. Any remaining balance of funds shall revert to the City or other approved
provider(s). Such compensatian shall be paid in accordance 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 monthlv requests for payment for actual expenditures (or no expenditures
during the manth), including applicable back-up doctunentation, no later than the tenth (lOth) day
of the succeeding month and the City will provide reimbursement, upon approval, within twenty
(20) working days after receipt of the sarne, and if all required docw�nentation is submitted with
request and if all documentation is correct.
B. The City agrees to pay the Provider far expenditures incurred under this Agre�rnent on an as needed
basis in accordance with the Budget and Proj�ct Implementation Schedule attached hereta and
made a part hereof as Appendix 1. Line item transfers are allowable only within each component
and may not exceed in the aggregate fifteen percent (15%) af each line item without prior written
approval of the City. All changes amounting to more than fifteen percent (15%) require prior
written approval.
SECTION VIII: EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Operating Agency agrees as follows:
1. The Operating Agency shall not discriminate against ariy employee or applicant for employment
because af race, calor creed, religion, sex age, handicap, disability, s�xual arientation, 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 aze employed and
that employees are treated during employment without regaard ta their race, color, creed,
religion, sex age, hat�dicap, disability, sexual orientation, ancestry, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading, demotion or
transfer, recruitm�nt ar recruitment advertising, layoff or termination, rates of pay or ather forms
of compensation, and selection far training including apprenticeship. The �perating Agency
agrees to post in conspicuous places, available to employees and applicants far employment,
notices to be provided setting forth the provisians of this nondiscrimination clause.
2. The Operating Agency will, in all salicitatians or adv�rtisements 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 arigin, rnarital status, or any other basis prohibited by applicable
law.
3. The Operating Agency will send ta each labar unian or representative of workers with which is
has a collective bargaining agreement or other contract oi understanding, a notice to be provided
advising the said labor union or warkers; representatives of the 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 Operating Agency will comply\ with all provisions of Executive Order 1124F, Equal
Employment opportunity, of September 24, 1965, as amended by Executive Orders 1147$,
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August 8, 1969 and 12086, Octaber S, 1978, copies of which are on iile and available at the City
and of the rules regulations, and relevant orders of the Secretary of Labor.
5. The Operating Agency will fuxnish all inf�rmation and reports required by Executive Order
11246 of September 24, 1965, as amended, and by ntles, regulations, and orders of the Secretary
of Labor, ar pursuant thereto, and will permit access to its books, rec�rds, and accounts by HUD
and the Secretary of Labor for purpases of investigation to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Operating Agency's nancompliance with the nondiscrimination clauses of
this contract or with any of the 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 far further Government contracts or federally assisted construction contracts in
accordance with pracedures authorized in Executive Order 11246 of September 24, 1955, as
amended, and such other sanctians may be impased and remedies invoked as provided in
Executive order 11246 of September 24, 1965, as amended, or as otherwise provided by law.
7. The Operating Agency will include the portion of the s�ntencE immediately preceding paragraph
(1) and the provisians of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulatians, or arders 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 subcantractor or vendor. The Operating Agency will take
such actian with respect to any subcontract or purchase order as HUD may direct as a means of
enforcing such provisions, including sanctians for noncarnpliance; provided, however, that in
the event an Operating Agency becomes involved in, or is threat�ned with, litigation with a
subcontractor or vendor as a result of such directian 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 Participatiora
The Provider shall adhere to the regulations esta.blished in the Housing and Community Development
Act of 1974, and in conformance with City policy and all requirements imposed by ar pursuant to the
Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 1�9, 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 prahibited by
applicable law be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under, and program ar activity fwided in whole or in part with Community Development
Block Grant Program funds.
B. Specific (not eacclusive) Discriminatory Actiorts Prohibited:
The Pravider may nat 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 haridicap,
disability, sex ar any ather basis prohibited by applicable law:
13
(1) Deny any facilities, services, �inancial aid, or other benefits provided under the program
or activity.
(2) Frovide any facilities, services, financial aid, or other benefits, which are different or are
pravided in a different form from that pravided to others under the program or activity.
(3) Subject to segregated or separate treatrnent in any facility, or in any mater or process
related to receipt af any service or benefit under the pragram or activity.
(4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by
others in connection with faciliti�s, services, tinancial aid or other benefits under the
program or activity.
(5) Treat an individual differently from others in determining whether the individual satisiies
any admission, enrollment, eligibility, membership, ar 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.
C. Business and Employment Opportunities for Lower Income Reside�tts, Wo�nen-Owned
Susiness Enterprises, and Mi�zoriry-Owned Business Enterprises
The Provider shall conform with the rules and regulations set forth under Section 3 of the Hausing and
Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations issued
pwsuant thereto at 24 CFR Fart 135. This Act requires that, to the greatest extent feasible, opportunities
for training and empinyment be given to lower income residents of the project area, and contracts %r
work in cannection 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. In all solicitations for bids, the contractor
must, before signing the contract, provide a preliminary statement of the workforce, needs and plans for
possible training and emplayment of lower income persons. When an Operating Agency utilizes the
bidding procedure to let a bid, the invitation or solicitation for bids shall advise prospective cantractors
of the requirements af Section 3 of the Housing and Urban Development Act of 1968, as amended, and
the clause shall be inserted as a cornpanent part of any contract or subcantract. Please see Appendix 3.
If an Operating Agency solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-awned business enterprises for a response to the solicitatian or
invitatian :for bidders.
D. Nondiscrimirtation in Federa[ly Assisted Programs
The Provider shall comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42 USC 2000d et
seq.) and the Fair Housing Act (42 USC 36�1 19, 31). In accardance with City policy and Title VY of the
Civil Rights Act of 1964 (PL 88-352), in the sale, lease of other transfer of land acquired, leased ar
14
improved with assistance provided under this Agreement, the deed or lease for such transfer shall
cantain a covenant prohibiting discrimination upon the basis of race, color, creed, relzgion, sex handicap,
disability, sexual orientation, ancestry, national arigin, marital status, ar familiar status, in the sale, lease
or rental, or in the use or occupancy of such land or any impravements erected or to be erected thereon.
The Pravider will comply with Title VIII of the Civil Rights Act of 1968 (FL 90-284, 42 USC 3601 et
seq.) as amended and will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing.
SECTION IX: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Cornrnunity Development Block Grant Prograrn, HOME Investment
Partnership Program and State Housing Initiatives Program funded activities, has any personal financial
interests, direct or indirect, in tlus Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting interest sha11 be emplayed. The Provider covenants that it
will comply with all provisions of 24 CFR 570.611 "Canflict of Interest", and the State Statutes gaverning
conflicts of interest. The Pravider sha11 disclose, in writing, to the City any possible conflicting interest or
apparent impropriety that is covered by the above provisians. This disclosure shall occur immediately
upan knowledge of such possible conflict. The City will then render an apinion, which shall be binding on
both parties.
SECTION X: INDEMNIFICATION AND INSURANCE
The Provider shall indemnify and hold hazmless the City frozn 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.
Automobile and vehicle coverage shall be required when th� use of automobiles and other vehicles are
involved in any way in the performance of the Agreement.
The Pravider sha11 submit ta the City an ORIGINAL Certiiicate of Insurance.
All liability insurance coverage sha11 be appraved by the City prior to the release of any ftuids 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 further abligation under this
contract or any Subrecipient contract.
SECTION XI: REPORTING AND EVALUATION RE UIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an.
impact in low/moderate incorne areas, through progz�ess in accomplishing scheduled activities. An
effective method far maintaining project progress against a previously established schedule is through
15
project evaluation and reporting, which will consist of both written r�ports and staff discussions on a
regular basis. The Provider also assures prarnpt and efficient submission of the following:
A. Monthl Re orts - are due no later than the tenth (lOth) day af the succeeding month and shall
include the request for payment when applicable. A monthl�re�ort is due regardless if any funds
have been expended. Contents of the Monthly Repart, attached hereto and made a part hereof as
Appendix 2, shall include but not necessarily be limited to the following:
1. The "Financial Report & Tmplementatian Sutmnary" Form, which shall include the request
for payment and dacumentation, as applicable.
2, The "Program Activity Report"
3. The "Request for Reimbursement" Form
4. Instructions for Appendix 2 Forms
B. FinaC Evaluation - Within thirty (30) days of cantract completion, a final report documenting haw
the Statutory National Objective and the eligibility requirements were met, 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 operation. Further, such
report shall include statistical findings, which depict pragz�am efficiency; i.e., the number of dollars
spent, including non-CDBG fiuiding sources, to render actual service to program recipients, and an
overall evaluatian of the program's effectiveness, and quatxtitative results. The final report will be
evaluated and the Provider will be notified if additional data is necessary or that the praject/activity
is considered "closed-out".
C. Other Revortin� Re�uirements may be required by the City in the event of program changes, need
for additional information or documentatian and/ar legislation amendments. The Provider shall be
infarmed, in writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered
delinquent, and may be con.sidered by the City as sufficient cause ta suspend CDSG, HOME, and
SHIP payments to the Provider.
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 b� 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 sha11 be submitted to the City 12� days after the end of the Provider's fiscal
year. The submitted audit shall include any management letters and agency responses ta the management
letters. The audit shall be performed in accordance with OMB Circula.r A-110 Attachment F, OMB
16
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 an hand (including program
income) or any accounts receivable attributable to the use of CDBG, HOME or SHIP funds shauld the
agency close its doars. 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 CDBG, HOME or SHIP funds, unless it
is used to (1) rneet one of the national abjectives in Section 570.208 until iive years after the expiration of
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, tln� Provider shall pay to the City an amaunt equal to the current ta the current
xnarket value of the property less any portian of the value attributable ta expenditures of non-CDBG,
HOME or SHIP fwads for the acquisition of or improvement to, the property.
SECTION XIV: COMPLIANCE WITH LOCAL STATE & FEDERAL REGULATIONS
The Provider agrees to carnply with all applicable federal regulations as they may apply to program
administration. Additionally, the Pr�vider will comply with all state and l�cal laws and ordinances hexeto
a�plicable.
SECTIUN 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 ariginated from grants of federal Community Development Block Grant Funds,
HOME Investrnent Fartnership Program Funds and State Housing Initiatives 1'artnership Fun.ds, and must
be implemented in full compliance with all of HCTD's and the State of Flarida rules and regulations.
It is expressly understood and agreed that in the event �f curtailrnent or non-production of said federal grant
funds, that the financial sources necessary ta continue to pay the Pravider compensatian will not be
available and that this Agreement will thereby terminate effective as of the time that it is deternained that
said funds are no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liabl�, the
City or any individual member of the City Commission thereaf personally for the performance of this
Agreement and all of the parties hereto shall be released from further liability each to the ather under the
terms of this Agreement.
17
IN WITNESS WHEREOF, the parties hereta have caused this Agreement to be executed by their duly
authorized ofFicials on the day and date first above indicated.
Count�rsigned:
�� � �
Frank V. Hibbard
Mayor
Cantinued:
Appraved as to form:
Laura Mahony
Assistant City Attorney, II
DIRECTIUNS FUR MENTAL HEALTH,
INC.
By
Board P side
1�� l��l�
Date ^
ATTEST:
-.�
Board Secretary
3 e ��
Date
CITY OF CLEARWATER, FLORIDA
Sy: 1�' ., �A-ati•�.c���L
Wi liam B. Harne, II
City Manager
Attest:
18
��� �1�.
Rosemarie Call, MPA, CM
City Clerk
;�'� ���,aF rHF
�� �`�'�-
4 a `� i'' � �
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APPENDIX 1
Provider's Program Budget
Directions For Mental Health, Inc. FY 10-11
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APPENDIX 1
Provider's Program Implemen#ation Schedule
Directions For Mental Health, Inc. FY 11-12
Planned Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Implementation
Steps
APPENDIX 3
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTR.ACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorparate ar cause to be incorporated into any contract for
construction work, or modification th�reof, as defined in the regulations of the Secretary of Labor at 41
CFR Chapter G0, which is paid %r in whole ar in part with funds obtained from the Federal Gavernrnent or
borrawed on the credit of the Federal Gavernment pursuant to the grant, cantract, loan insurance, or
guarante�, or undertaken pursuant to any Federal program invalving such grant, contract, loan, insurance,
or guarantee, the following Equal Opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractar will not discriminate against any emplay�e ar applicant for employment because of
race, calor, religian, 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, demotian, or transfer; recruitment or recruitment advertising;
layaff or terrnination; rates af pay or other forms of compensation; and selectian of training,
including apprenticeship. The contractar agrees ta post in a conspicuous place, available to
employees and applicants for emplayment, notices to be provided setting forth the provision af this
nondiscrimination clause.
(2) The contractor will, in all solicita�tions or advertisements for employees placed by or behal:f of the
contractor, will state that all qualified applicants will receive cansideration for employment without
regard to race, calor, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or ather cont�rract or understanding, a natice to be provided advising
the said labar unian or warkers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to emplayees and applicants for
employment.
(4) The contractor will comply with all provisions of Executive �rder 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(S) The cantractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereta, and will permit access ta his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain campliance with such rules,
regulations, and orders.
(b) In the event of the contractor's non-compliance with the non-discrirnination clauses of this contract
or with any af the said rules, regulations, or orders, this contract may be canceled, ternunated, or
suspended in whole or in part and the contractor may be declared ineligible for further governrnent
1
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order af the Secretary of
Labor, or as otherwise provided by law.
(7) The conbractar will include the portian af 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 arders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will b� binding upon each
subcontractor or vendor. The contractor will take such action with respect ta any subcontract or
purchase order as the administering agency may direct as a means of enforcing such pravisians,
including sanctions for non-compliance provided, however, that in the event a cantractar becomes
involved in ar is threatened with, litigation with a subcantaractar or vendor as a result of such
direction by the administering agency, the contractor may request the United States ta enter into
such litigation to pratect the interest of the United Staites.
The applicant further agrees that it will be baund by the above Equal Opportunity clause with respect to its
awn employrnent practices when it participates in federally assisted construction work: provided that, if the
applicant sa participating is a State ar local government, the above Equal Oppartunity clause is not
applicable to any agency, instruzneantality ar subdivision of such government which does not participate in
work on ar under the contract.
The applicant agrees that it will assist and cooperate activ�ly with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal
�pportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's priznary responsibility far securing compliance.
The applicant further agrees that it will refrain from entering inta any contract or contract modification
subject ta Executive Order 11246 of September 24, 1965, with a contractor debarred fram, or wha has not
demonstrated eligibility for, government contracts and federally assisted canstruction contracts pursuant to
the E�ecutive Order and will carry out such sanctions and penalties for violation of the equal opportuiuty
clause as may be imposed upon coniractors atzd subcantractars by the administering agency of the Secretary
of Labor pursuant to Far II, 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 a►iy or a11 af the
follawing actians: cancel, terminate, suspend in whole or in part this grant (contract, loan, insurance
guarantee); refrain from extending any fiuther assistance to the applicant under the program with respect ta
which the failure or refund occurred until satisfactory assurance of future compliance has been received
from such applicant; and refer the case to the Deparbment of Justice for appropriate legal proceedings.
2
FEDERAL - SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program providing
direct Federal financial assista�ace fram the Department of Housing and Urban Development and is
subject to the requirements of Section 3 of the Housing and Urban Develapment Act of 1968, as
amended, 12 U.S.C. 1701u, Sectian 3 requires that to the greatest extent feasible, opportunities for
training and employment be given to lower income residents of the project area, and contracts �or
work in connection with the praject be awarded to business concerns which aze located in, or
owned in substantial part by persons residing in the area af the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Develapment set forth in 2� CFR
135, and a11 applicable rul�s a.tid orders of the Department issued there under prior to the execution
of this contract. The parties to this contract certify ar�d agree that they are under no contractual or
other disability, which would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with which he has
a collective bargaining agreement or atkier contract or understanding, if any, a notice advising the
said labor organization of workers' representative af his commitments under this Section 3 Clause
and shall post copies oi the notice in conspicuous places available to ennployees and applicants for
employment or training.
D. The contractor will include this Section 3 Claus� in every subcontract far wark in connection with
the project and will, at the direction of the applicant for or recipient of Federal financial assistance,
take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Hausing and Urban Development, 24 CFR 135
The contractar will not subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR 135, and will not let any
subcontract unless the subcontractor has first provided it with a preliminary statement of ability to
comply with the requirernents of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued hereunder prior to th� execution of the
contract, shall be a condition of the federal financial assistance provided to the project, binding
upon the applicant or xecipient for such assistance, its successors, and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors, and assigns ta those sanctions specified by the grant or loan agreernent or cantract
through which Federal assistance is provided, and to such sanctions as are specified by 24 C�'R
135.
3