SUBRECIPIENT AGREEMENT FY 2011-2012 - THE HAVENSCITY OF CLEARWATER, FLORIDA
AND
RELIGIOUS COMMUNITY SERVICES, INC. — THE HAVEN OF RCS
FY201.1-2012
SUBRECIPIENT AGREEMENT
(The Havens)
THIS SUSRECIPIENT AGREEMENT as entered inta on this lst day of Oct�ber 2011, by and between
the City of Clearwater, a Florida municipal corporatian, having its principal affice at 112 South Osceala
Avenue, Clearwater, Florida, hereinafter refened to as the "City", and the Religious Community Services,
Inc., - The Haven of RCS hereinafter referred to as the "Provider" or "Subrecipient", whose principal
address is: 503 South Martin Luther King, Jr. Avenue, Clearwater, FL 33756.
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WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and
Urban Development (HUD) for the purpase of conducting a Housing and Comznunity Development
Program with federal financial assistance under Title I af the Housing and Cammunity Developrnent Act of
1974, as amended, hereinafter called "Act" (42 U.S.C. 5301 et seq.); and the Cran.ston-Gonzalez National
Affordable Housing Act of 1990 (�2 U.S.C. 12701 et seq.); and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and
Urban Development for the purpose of canducting the Community Development Block Grant (CDBG) (24
(CFR S70) and the HOME Investment Partnership (H�ME) Program (42 CFR 92) with federal assistance
under Title II of the Cranstan-Gonzalez National Affordable Housing Act' af 1990, as amended (42 U.S.C.
12701-12$39); and
WHEREAS, the City has entered into ar� agreement with the State of Florida for the purpose of
conducting the State Housing Initiatives Partnership (SHIP) Program 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 determined through its Fiscal Year 2011-2016 Consolidated Plan and
FY2011-2012 Cansolidated Action Plan, which was adopted an July 21, 2011, the necessity for praviding
funding for domestic abuse caunseling to very-law to moderate income hauseholds residing in Clearwater;
WHEREAS, the City desires to engage the Provider to render certain services in connection
therewith:
NOW, THEREFORE, the parties hereto agree as follows:
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SECTION I: SCOPE UF SERVICES
The Frovider shall use City funds to complete phase one of a new autreach building, eliminate poor
conditions of structures in the strategy area, pravide assistance to domestic vialence victims and develop
needed community center in neighborhoad strategy area. The pravider agrees to accomplish these activities
in accvrdance with the projected accomplislunents atta.ched and made a fully binding part of this
Agreement, as located in Appendix 1.
SECTION II: CONDITION OF SERVTCE
The Provider hereby agrees to the following:
A. The Pragram shall serve eligible very-law and rnoderate-income persons living in Clearwater. The
Provider shal� certify that the activities carried aut witki funds provided under this Agre�ment will
meet one or more of the CDBG pragram's National Objectives —1) benefit low to rnoderate income
p�rsans, 2) aid in the prevention or eliminatian af slum and blight, 3) meet comrnunity
development needs having a particular urgency -- as defined in 24 CFR 570.208 and all applicable
rules and regulations as contained in the federal HOME Investrnent Partnership and State of 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 low and moderate-incarne persons, minorities and residents of Clearwater. Such
r�cards shall include, but not be limited to profiles identifying financial classification, head of
household, ethnicity, race and gender, or area benefit data, as required.
C. The Provider shall maintain a citizen participation mechanism, which will include, but not be
limited to the %llowing:
1. Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies af responses to cornplaints and/or explanations of resolutions ta complaints.
D. The Provider shall comply with Subpart c— Past Award Requirements 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 reference inta this Agreement.
E. Costs incwred under this program shall be in compliance with Federal Management Circular No.
A-122, "Cost Principles far Non-Frofit Organizations", incorporated by reference into this
Agreement.
F. The Provider shall abide by those provisions of 24 CFR Fart 570 subpart J, when applicable,
incorparated by reference inta this Agreement.
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G. No expenditures or obligations shall be incurred for the program prior to approval and release of
funds frorn 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 funds are released from the U.S. Department
af Housing and Urban Development and/or the State af Florida in connection with this Program,
then th� City is not liable for any clairns under this contract.
H. The Operating Agency hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of Section 504
of the Rehabilitation Act af 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, hold harmless and indemnify the City from and against any and all liabxlity 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) Notificatian by HUD to the City that said project is ineligible because af project
location, services provided, or any other reasan cited by HUD;
(2) Notification by HUD ta the City that said project is deiicient and that continued support
of the project is not providing an adequate lev�l of services to low income and minority
peaple; ar
(3) Written notificatian from HUD to the City that the program funds made available ta the
City are being curtailed, withdrawn, or otherwise restricted.
(4) Fails to file required reports or meet project progress or co�npletian deadlines;
(5) Materially fails to cornply with any provision of this Agreement (which may result in
suspension or termination in accardance with 24 CFR $5.43 or OMB Circular A-110,);
(6) Expends funds under this Agreement for ineligible activities, services or items;
(7) Implements the project prior to notification frozn the City that the federal environrnental
review pracess has been completed;
(8) Violates Labor Standards requirements; or
(9) Fails to comply with writt�n notice frarn the City of substandard performance under the
terms of this Agreement.
I. The Provider shall certify, pursuant to Section 109 of the Act, that no persan shall be denied the
benefits of the prograrn �n the grour�d af race, color, national origin or sex.
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The Pravider 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 low incame persons
residing in the City of Clearwater, particularly minority group members.
K. The Provider shall cornply with the provisions of 24 CFR 574.SQ4 (c), "Program Income" and meet
the definition of pragrarn incorne 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 of Community Development Block
Grant, HOME Investment Partnership Program, and State Housing Tnitiatives Partnership programs
shall be returned to the City within 45 days after receipt by the Subrecipient. In those instances
where the City allows the sub-recipient to retain program income, these funds shall be expended for
CDBG eligible activities, previously 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 a11 or part of any CDBG pragrarn income balances
(including investments thereo fl held by the subrecipient (except those needed for imrnediate cash
needs, cash balances of a revolving laan fund, cash balances frarn a lump sum drawdown, or cash
or investments held for section 108 security needs).
L. The Provider shall txansfer ta the City any CDBG funds on hand at the time of expiration a.nd any
accounts receivable attributable to the use of CDBG funds. All real praperty acquired or improved
in whole or in part witl� CDBG funds in excess of $25,000 shall be:
(1) Used to meet one of the national objectives in Section 24 CFR Part 570.208 until five years
after expiration of the agreernent, or fro such longer period of time as determined ta be
appropriate by the City; or
(2) If not used as stated above, the provider shall pay to City an amaunt equal to the current
market value of the property less any partion af the value attributable to expenditures on
non-CDBG funds for the acquisition of or improvement to, the property. The payment shall
be considered pragram income.
A subrecipient receiving HOME funds must trans%r to the City any HOME funds an hand at
the time of expiration of this Agreement and any accounts receivable attributable to the use of
HOME funds.
A subrecipient of SHIP funds recognizes that funds may rev�rt to the City in accordance with
the provisions of the City's local housing assistance plan.
M. The Provider shall comply with First Amendment Church/State principles, as follows:
�t will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to p�rsons on the
basis of religion.
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2. It will not discriminate against any person applying far public services on the basis of
religion and will not limit such services or give preference to persons on the basis af
religion.
3. Tt will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no other xeligious influence in the
provision of such public services.
4. The partion of a facility used to provide public services assisted in whole or in part under
this Agreement shall contain na sectarian or religious symbols or decorations.
5. The funds received under this Agreernent shall not be used to construct, rehabilitate, ar
restare any religious facility which is owned by the Provider and in which the public
services aze to be provided. However, minor repairs rnay made if such repairs are directly
related to the public services; are located in a structure used exclusively for non-religious
purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for
the public services.
N. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG, HOME
andJor SHIP funds an hand at the time of expiration and any accounts receivable aitributable ta the
use of CDBG, HOME and/or SHIP funds. The follawing restri�ctions and limitations apply to any
real property under the Provider's cantrol, which was acquired or improved in whole or in part wxth
CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations, 24 CFR Part 570.208 until five years �r such longer
period of time as determined appropriate by the City after expiration of the Agreement.
Land-banking is a prohibited activity under the City's programs.
2. If the real property is sold within the period of time speci�ed above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the cw7rent
fair mazket value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required.
O. The Provider agrees that when sponsoring a praject financed in whole or in part under this
Agreernent, all notices, informational pamphlets, press releases, adv�rtisements, descriptions of the
sponsorship of the project, research reparts, arid similar public notices prepared and released by the
Provider shall include the statement:
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FUNDED BY
THE CITY OF CLEARWATER
COMMUNYTY DEVELOPMENT BLOCK GRANT,
H�ME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATTVES PARTNERSHIP PROGRAMS
In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS,
AND STATE HOUSING INITIATIVES PARTNERSHIP PRUGR.AM FUNDS
ADMINISTERED BY THE HOUSING DIVISION OF THE CTTY OF CLEARWATER —
ECONUMIC DEVELOPMENT AND HOUSING DEPARTMENT" shall appear in the same
size letters or type as the name of the Provider.
P. The Provider shall ensure the follawing 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 suff'icient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Carnmwuty Developrnent
Block Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited ta, the following:
Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and
expenditures of funds provided directly ar indirectly by this Agreement, including matching
funds and program income.
2. Time sheets for split-funded employees wh� wark on more than one activity, in order to
recard 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 requirexnents such
as necessary and appropriate detenninatians, income certifications, and written agreements
with beneficiaries, where applicable.
R. The Provider is responsible for maintaining and storing all recards pertinent to this Agreement in an
orderly fashian in a readily accessible, pertnanent and secured location for a period of five (S) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three yeaz periad, the records will be maintained until a11
litigation, claims or audit findings involving these records aze resolved. The City shall be informed
in writing after closeout of this Agreement, of the address where the recards are to be kept.
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SECTION III: OTHER CONTRACTUAL PROVISIONS
A. Labor Standards
Except with respect to the rehabilitatian of residential property designed for residential use for
less than eight househalds, the provider and all subcontractors engaged in contracts in excess of
$2,000 for the construction, campletion, rehabilitation, or repair af any building or work financed
in wh�le ar in part with assistance provided under this Agreement are subject to the federal labor
standards provisi�ns which govern the payment of wages and the ratio of apprentices and trainees
to journey workers. Under the terms of the Davis-Bacon Act, as amended, the provider is
required to pay all laborers and mechanics employed on construction wark wages at rates not less
than those prevailing on similar canstruction in the locality as determined by the Secretary of
Labor, and shall pay overtime compensation in accordance with and subject to the provisions of
the contract Work Hours and Safety Standards Act (40 USC 327-332), and the provider shall
comply with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Pravided, that if wage rates are higher than th�se required under the regulations are impased by
State or local laws, nathing hereunder is intended to relieve the provider of its obligation, if any,
to require payment of the higher rates.
B. Flaod Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL
93-234). Use of any assistance provided under this Agreement for acquisition or constructian in
an area identified as having special flood hazards shall be subject to the mandatory purchase of
flood insurance in accordazice with the requirements of S�ction 102(a) of said Act.
C. Clean Air and Federal Water Pol[ution Control Act (Applicable to Contracts and Subcontracts
Which Exceed $l �D,000
The provider shall camply with and require each subcantractor to camply with all applicable
standards of the Clean Air Act of 1970, (4� USC 7401 et seq.), as amended, the Federal Water
Pvllution Contral Act (33 USC 1251 et seq.), as amended, and the regulations of the
Environmental Protection Agency with respect thereto, at 40 CFR Part 32 as amended from time
to time.
D. Provision of the Hatch Act
Neither the provider program nor the funds provided therefore, nor the person�nel employed in the
administration af the program shall be in any way or to any extent engaged in the conduct of
political activities in contravention of Chapter 15 of Title 5, USC.
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E. Lead-Sased Paint
Any grants or loans made by the provider for the rehabilitation of resid�ntial structures with
assistance pravided under this Agreernent shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 3S. Operating Agency will cornply
with the requirements �f 24 CFR 570.G0$ for notificatian, inspection, testing, and abatement
pracedures concerning lead-based paint. Such regulations require that all owners, prospective
awners, and tenants af praperties constructed prior to 1978 be properly notified that such
properties may contain lead-based paint Such notification shall paint aut the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
deal�ng with lead-based paint paisoning.
F. SpeciaC Assessments
Provider shall not atternpt to r�cover any capital costs of public improvements assisted in whole
or in part with funds provided under Section 106 of the Act (42 USC 5306) ar with arnounts
resulting fram a guarantee under Section 10$ (42 USC 5308) of the Act by assessing any amount
against properties owned and occupied by persons af low and moderate income, including any
fee charged or assessrnent made as condition of obtaining access to such public improveznents,
unless (1) funds received under Section 106 of the Act are used to pay the proportion of such fee
or assessment that relates to the capital casts a� such public improvements that are financed from
revenue sources other than under Title 1 of the Act, or (2) for purposes of assessing any amount
against properties owx�ed and accupied by persons of maderate incorne, the grantee certifies to
the Secretary of HUD that lacks sufficient funds received under Section 106 of the Act to comply
with the requirements of subparagraph (1).
G. Acquisition, Rehabilitation, and Dernolitian of Real Property and Displacement of Persons
and Susinesses
Provider shall comply with the "City of Clearwater, Housing Division, Community Development
Block 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, Cammunity Development Black Grant Program Residential Anti-displacement and
Relocation Assistance Plan." Provider shall conduct any acquisition, rehabilitatian, or
demalitian af real property, at�d any negatiations for acquisition, rehabilitation or demolition of
real property in compliance with the Uniform Relocation Assistance and R�al Property
Acquisition Policies Act of 1970, as am�nded, Sectian 104(d) of the Act, and the implementing
regulations at 49CFR 24 and 24 CFR 570.606. Unless specifically permitted, the provider shall
not caus� either temporary ar permanent involuntary displacement of persons or businesses. If
the provider causes the involuntary temporary or permanent displacement of any person or
business as a result af Cammunity Development Block Grant activities, it shall comply with the
City's "Plan to Assist Persons Actually Displaced by Community Development Black Grant
Activities," and Operating Agency shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Unifoz�n Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) o£ the Act, and the
implementing regulations at 49 CFR 24 and 24 CFR 570.6�5. The Pravider hereby agrees to
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defend, to pay, and to indemnify the City fram and against, any and all claims and liabilities t�or
relocation benefits ar the pravisian of replacement dwelling units required by federal statutes and
regulatians in coz�nection with activities undertaken pursuant to this Agreernent.
H. Lobbying Restrictions
Provider certifies that, to the best of its knawledge and belief:
Na Federal Appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing an afficer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any �'ederal
loan, the entering into af an�y cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or caoperative agreement;
If any funds other than Fed�ral appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer ar employee �f any agency, a Member of
Congress, an afficer ac employee of Congress, or an employee of a Member of Congress, in
cannection with this Federal contract, grant laan vr caoperative agreement, it will complete and
subrnit Standard Form-LLL, "Disclosure Form to Report Lobbying," in acc�rdance with its
instructions; and
It will require that the language af 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 Subr�cipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certiiication is a prerequisite for
making or entering into this transaction imposed by 31 USC 1352. Any persan who fails to file
the required certificatian shall be subject to a civil penalty of not less than $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. Department af
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 fram October 1, 2011 to September 30, 2012. The term may be
amend�d if both execute a written agreement.
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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 party of
such intent ta terminate at least thirty (30) days prior to the effectiv� date af such termination.
B. This Agreement may be terminated in whole ar in part, for convenience, when bath parties agree
upon the termination conditions. A written notification shall be required and shall include the
following: reason for the ternlination, the effective date, and in the case of a partial termination, the
actual portion to be tenminated. 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
Agreernent, the City rnay termir�a.te such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or tern�inate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any fed�ral
statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete in any
material respect.
c. Implementation of thi.s Agreernent, for any reasan, is rendered impossible or
infeasible.
d. Failure to respond in writing to any cancerns raised by the City, including
substanti�ting documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitaring of the Subrecipient, and applicable HUD �rules and regulations.
2. The City shall notify the Frovider in writing when the Provider has been placed in default.
Such notification shall include actions taken by the City, such as withholding of payments,
actians ta be taken by the Pravider as a condition precedent to clearing the deficiency and a
reasonable date for compliance, which shall be no more than fifteen (15) days from
notification date.
3. The City shall natify the Provider in wziting when sufficient cause is found for termination
of this Agreement. The Frovider sha11 be given no more than iifteen (15) days in which to
reply in writing, appealing the termination prior to final action being taken by the City.
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D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds
of the U.S. Department af Housing and Urban Develapment and/or the Sta.te of Florida, this
Agreement will terminate effective as of the tirne that it is determined such funds are no longer
available.
E. Costs of the Provider resulting frorn obligations incurred during a suspension or after termination,
are not allowable unless the City expressly authorizes them in the natice of suspension or
termination or subsequently. Other costs during suspensian or after termination which are
necessary and not reasonably avoidable aze allowable if:
1. The costs result from abligations which were properly incurred before the effective date of
suspensian ar termination, are not in anticipation of it, and in the case of tertnination, are
noncancelable, and
2. The costs would be allowable if the award were nat suspended or expired narmally at the
end of the Agreement in which the ternunation takes effect.
F. Upon 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
Pz'ovider.
SECT�ON VI: AMENDMENTS
Any alterations, variations, madifications 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 Praject Implementation Schedule ar increase, the total amount payable
under this Agreement, shall be va.lid only when reduced to writing and signed by the City Administration
and the Provider.
The City shall not reirnburse the Provider %r outlays in excess of the funded amount of the Agreement
unless and until the City officia.11y, in writing, approves such expenditure by executing a written
modification to the original Agreement.
SECTION VII: METHOD OF PAYMENT
It is expressly understaod a�tad agreed that the total compensation to be paid hereurxder for actual
expenditures incurred sha11 be reserved in the amount of FIFTY THOUSAND DOLLARS AND NO---
00/100 ($50,000.00).
The funds must be expended in accardance with the terms and conditions of the Agreement. Funds set
aside for this agency may increase or decrease, subject to productian performance. Productian will be
reviewed quarterly and will be based upon the gaals the Provider established in their program
implementation schedule. Any remaining balance of funds shall revert to the City or otk�er approved
provider(s). Such campensation shall be paid in accordance with the projected accomplishments and
budget descriptians 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 month), including applicable back-up documentation, no later than the tenth ( l Oth) day
of the succeeding month and the City will provide reimbursement, upon approval, within twenty
(20) working days after receipt a� the same, and if all required documentatian is submitted with
request and if all d�cumentation is correct.
B. The City agrees to pay the Pravider far expenditures incurred under this Agreement on an as needed
basis in accardance with the Budget and Froject Implementation Schedule attached hereto 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 (1 S%) af each line item without �rior written
approval of the City. All chat►ges amounting to more than fifteen percent (15%) require rior
written appraval.
SECTION VIII: EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Operating Agency agrees as follo�s:
1. The Operating Agency shall not discriminate against any emplayee or applicant for employment
because of race, color creed, religian, sex age, handicap, disability, sexual orientation, ancestry,
national origin, mazital status, familial status, or any other basis prohibited by applicable law.
The �perating Agency shall take affirmative action to ensure that applicants are employed and
that ernplayees are treated during employment withaut regard to their race, color, creed,
religion, sex age, handicap, disability, sexual orientation, ancestry, or natianal origin. Such
actian shall include, but not be limited ta the fallawing: Employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection far training including apprenticeship. The Operating Agency
agrees to post in conspicuous places, available to emplayees and applicants for employment,
notices to be provided setting forth the pravisions af this nondiscrimination clause.
2. The Operating Agency will, in all solicita.tions or advertisEments for employees placed by or on
behalf of the operating Ag�ncy, state that all qualified applicants will receive consideration for
ernployment without regard ta race, calor creed religion, sex age, handicap, disability, sexual
orientation, ancestry, national origin, marital status, or any other basis prahibited by applicable
law.
3. The Operating Agency will send to each labor union or representative �f workers with which is
has a callective bargaining agreement or ather cantract of understanding, a notice to be provided
advising the said labar union or workers; representatives of the Operating Agency's
commitments under this section, and shall past capies of the notice in conspicuous places
available to emplayees and applicants for employment.
4. The Operating Agency will comply\ with, all provisions of Executive Order 11246, Equal
Employment oppartunity, of September 24, 1965, as amended by Executive Orders 11478,
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August 8, 1969 and 12086, Qctober 5, 1978, capies afwhich are on fle and available at the City
and of the rules regulations, and relevarrt orders of 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 rules, regulations, and arders of the Secretary
of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD
and the Secretary of Labor for purposes of investigatian to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Operating Agency's noncampliance with the nondiscrirnination clauses of
this contract or with any of the said rules, regulations, or arders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Operating Agency ix►ay be declared
ineligible for fi.irther Gavernment contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 af September 24, 1965, as
amended, and such ather sanctions may be imposed and reznedies 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 sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in every subcantract ar purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor, issued ptursuant to
Sectian 204 of Executive Qrder 11246 of September 24, 1955, as amended, so that such
provisions will be binding upon each subcont�ractor or vendor. The Operating Agency will take
such action with respect ta any subcontract or purchase order as HUD may direct as a means of
enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event an Operating Agency becomes involved in, or is threatened with, litigation with a
subcontractar or vendor as a result of such direction by HUD, the Operating Agency may
request the United States to enter into such litigation to protect the interests of the United States.
A. Equal �pportunity in Participation
The Provider shall adhere to the regulations established in the Housing and Cammunity Development
Act of 1974, arid in conformance with City policy and all requirements irnposed by or pursuant to the
Regulatians of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person. in
the United States shall on the ground af race, calor creed, religion, sex, age, handicap, disability, sexual
orientation, ancestry national origir►, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be deni�d the benefits of, or be subjected to
discriminatian under, and program or activity funded in whole or in part with Community Development
Block Grarat Program funds.
13
B. Specific (not exclusive) Discrimznatory Actiorzs Prohibited:
The Pravider may not directly or through contractual or other arrangements, on the ground of race, color,
creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age handicap,
disability, sex or any other basis prohibited by applicabie law:
(1) Deny any facilities, services, �nancial aid, or ather benefits provided under the program
or activity.
(2) Provide any facilities, services, �nancial aid, or other benefits, which are different or are
provided in a different form from that provided to others under the pr�garam or activity.
(3) Subject to segregated or separate treatment in any facility, ar in any mater or process
related to receipt of any service or benefit under the program or activity.
(4) Restrict in any way access to, or the enjoyment af any advantage or privilege enjayed by
others in coru�ection with facilities, services, financial aid or other benefits under the
pragram or activity.
(5) Treat an individual differently from others in determining whether the individual satisfies
any admission, enrollment, eligibility, mennbership, or other requirements or condition
which the individual must meet in order to be provided any facilities, services, or other
benefit pravided 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 arad Employment Opportunities jar Lower Income Residents, Women-Owned
Busdness Enterprises, and Minority-Owned Business Enterprises
The Provider shall conform with the rules and regulations set forth under Section 3 of the Housing and
Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations issued
pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible, opportunities
for training and e�nployment be given to lower income residents of the project area, and cantracts for
work in cannection 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 solicitations far bids, the contractor
must, before signing the cantract, provide a prelirrAinary statement of the workfarce, needs and plans far
possible training and employznent af lower income persons. When an Operating Agency utilizes the
bidding procedure to let a bid, the invitation or salicitation 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 af any cantract 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 zninarity-owned and women-owned business enterprises for a response to the solicitation or
invitation for bidders.
14
D. Nondrscrimination in Federally 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 3601 19, 31). Tn accordance with City policy and Title VI of the
Civil Rights Act of 1964 (PL 88-352), in the sale, lease of other transfer of land acquired, leased or
improved with assistance provided under this Agreement, the deed or lease for such transfer shall
contain a covenant prohibiting discrimination upan the basis of race, color, creed, religion, sex handicap,
disability, s�xual orienta.tion, ancestry, natianal origin, marital status, or familiaz status, in the sale, lease
or rental, or in the use or occupancy af such land or any improvements erected or to be erected thereon.
The Provider will comply with Title VIII af the Civil Rights Act af 196$ (PL 90-284, 42 USC 3601 et
seq.) as arr�ended and will administer all programs and activities related ta housing and community
development in a manner to affirmatively further fair housing.
SECTION IX: CONFLICT OF INTEREST
The Provider covexiants that no person, under its �mploy who presently exercises any iunctions or
responsibilities in connection with Community Development Black Grant Program, HOME Investrnent
Partnership Program and State Housing Initiatives Program funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it
will comply with all provisions af 24 CFR 570.G11 "Conflict of Interest", and the Stat� Statutes governing
conflicts af interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or
apparent impropriety that is covered by the above provisions. This disclosure shall occur imrn�diately
upan knowledge of such possible cnnflict. The City will then render an opinion, which shall be binding an
both parties.
SECTION X: INDEMNIFICATION AND INSURANCE
The Provider shall indernnify and hold ha�mless the City fram any and all claims, liability, losses and
causes of action, which xnay arise out af the Agreement. The Provider shall pay all claims and losses of
any nature whatsaever 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 the use of autamobiles and other vehicles are
invalved in any way in the performance of the Agreement.
The Pravider shall sub�nit to the City an ORIGINAL 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 wauld be at a minimum of $300,000. Further, in
the event evidence af the required insurance is nat forwarded to the City within thirty (30) days after the
execution of this Agreement, this Agreement may be terminated at the City's �ption and any payments then
due rnay be permanently withheld by the City and the City will h�ave no fi.u�ther obligation under this
contract or atiy Subrecipient contract.
15
SECTION XI: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility far the c�mmtuzity development effort rests heavily on the ability to produce an
irnpact in low/moderate income areas, through progress in accomplishing scheduled activities. An
effective method for maintaining project progress against a previously established schedule is through
project evaluation and reporting, which will consist of both written reparts and staff discussians on a
regular basis. The Pravider also assures prompt and efficient submission of the following:
A. Manthlv Reports - are due no later than the tenth (lOth) day of the succeeding month and shall
include the request for payment when applicable. A monthlv areport is due regardless if any 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 linnited to the �ollowing:
1. The "Financial Report & Implementation Sumn�ary" Form, which shall include the request
far payment and documentation, as applicable.
2. The "Program Activity Report"
3. The "Request for Reimbursement" Form
4. Instructions for Appendix 2 Forms
B. Final Evaluation - Within thirty (30) days of contract completion, a final report documenting how
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 tata.l 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 dollars
spent, including nan-CDBG funding sources, to render actual service to program recipients, and an
overall evaluation of the program's effectiv�ness, and quantitative results. The final report will be
evaluated and the Frovider will be notified if additional data is necessary or that the project/activity
is considered "closed-out".
C. Other Renorting Reauireme�zts 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
inform�d, 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 considered by the City as sufficient cause to suspend CDBG, HOME, and
SHII' payments to the Provider.
16
SECTION XII: AUDIT AND INSPECTIONS
At any time dwring normal business hours and as aften as City arid/or Federal Governxr�ent 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 a11 records, documentation, and any other data
relating to all matters covered by the Agreement.
An annual organization audit shall be submitted ta the City 120 days after the end of the Provider's fiscal
year. The submitted audit shall include any management letters and agency responses to the management
letters. The audit sha11 be performed in accordance with OMB Circular A-110 Attaclunent F, OMB
Circular A-133. If this Agreement is clased-out prior to the receipt of an audit report, the City reserves the
right to recover arny disallowed casts 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. 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 ftuids, unless it
is used to (1) meet one of the national objectives in Section 570.208 until iive years after the expiratian of
this agreement, or for such longer periad 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 ta the current to the cuxrent
market value of the praperty less any portion of the value attributable to expenditures of non-CDBG,
HOME or SHIP funds far the acquisition of or improvement to, the praperty.
SECTION XIV: C�MPLIANCE WITH LOCAL STATE & FEDERAL REGULATIONS
The Pravider agrees to comply �vith all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECT�ON XV: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreeznent to
be used �or compensation originated from grants of federal Community Development Slack Grant Funds,
HOME Tnvestment Partnership Pragram Funds and State Housing Initiatives Partnership Funds, and must
be implernented 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 of curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will nat be
available a.nd that this Agreement will thereby terminat� effective as o:f the time that it is determined that
said funds are na longer available.
In the event af such determination, the Pravider agrees that it will not laok to, nor seek to hold liable, the
City or any individual member af the City Commission thereof personally for the performance of this
17
Agreement and all of the parties hereta shall be released from further liability each to the other under the
terms of this Agreement.
IN WITNESS_ WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
Countersigned:
r
d/ •
�'rank V. Hibbard
Mayor
Continued:
Approved as to form:
Laura Mahony
Assistant City Attorney, II
RELIGIOUS COMMUNITY SERVICES,
INC. — THE HAVEN OF RCS
By � �
Baard President
9'-�� -/i
Date
ATTEST:
$�� ✓P f �Fiira.r��� Covr�ol/er
�e ffe r� . 5pr�; //
_ _//
Date
CITY OF CLEARWATER, FL�RIDA
$y: �rT�. �ids-�.�`�
Wx liam B. Horne, II
City Manager
Attest:
� �J�
Rosemarie Call, MPA, CMC
ciry clerk
18
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APPENDIX 1
Provider's Program Budget
Religious Communiiy Services, Inc. — The Haven of RCS FY 11-12
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f� . iS
APPENDIX 1
Provider's Program Implementation Schedule
Religious Community Services, Inc. — The Haven of RCS FY 11-12
Planr�ed �ct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Implementation
Steps
APPENDIX 3
EQUAL EMPLOYMENT OPPURTUNITY CLAUSE
FOR C�NTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, ar modification thereaf, 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 funds obtained from the Federal Governrnent or
borrawed on the credit of the Federal Govemment pursuant to the grar�t, cantract, loan insu�rance, or
guarantee, or undertaken pursuant to any Federal program involving such grant, contract, laan, insurance,
or guarantee, the following Equal Opportunity clause:
During the performance of this contract, the contractar ag�rees as follows:
(1) The contractor will not discriminate against any �mployee or applicant for employment because of
race, calar, religion, sex, or national origin. The contractor will take affirmative action to ensure
that applicants are emplayed, and that employees are treated during employment without regard to
their race, color, religion, sex, or national origin. Such actian shall include, but not be lixnited to the
follawing: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other farms af campensation; and s�lectian of training,
including apprenticeship. The cantractor agrees to post in a conspicuous place, available to
employees and applicants far employment, notices ta be provided setting forth the provision of this
nandiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for ernplayees placed by or behal£ a� the
cantractor, will state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sEx or national ori�in.
(3) The contractor will send to each labor union �r representative of workers with which he has a
collective bargaining agreement or ather contract or understanding, a natice to be provided advising
the said labor union or workers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuaus places available to employees and applicants for
employment.
(4) The contractor will comply with all pravisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor 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
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes af investigation to ascertain campliance with such rules,
regulations, and orders.
_ `
(6) In the event of the contractor's non-compliance with the non-discrirnination clauses of this contract
or with any of the said rules, regulations, ar orders, this cantract may be canceled, terminated, or
suspended in whale or in part and the contractar may be declared ineligible for furthe�r government
cantracts or federally assisted construction contracts in accordance with pracedures author�zed in
Executive Order 11246 of September 24, 19G5, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The contractar will include the portion of the sentence immediately preceding paragraph (1), and
the provisions of paragraphs (1) through (7) in �very subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcantractor or vendor. The cantractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enfarcing such provisions,
including sanctians for non-compliance provided, however, that in the event a contractor becomes
invalved in or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractar rnay request the United States to ent�r inta
such litigation ta protect the interest of the United States.
The applicant fia�z�ther agrees that it will be bound by the above Equal Opportunity clause with respect to its
owri employment practices when it participates in federally assisted constructian work: provided that, if the
applicant so participating is a State or local government, the abave Equal Opportunity clause is not
applicable to any agency, in.strumentality or subdivisian of such government which does not participate in
work on or under the contract.
The applicant agrees that it will assist and cooperate actively witlx the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractars with the Equal
Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Lab�r, that it will
fuinisk� the administering agency and the Secretary of Labor such information as they may require for the
supervision of such campliance, and that it will otherwise assist the administ�ring agency in the discharge
of the agency's primary responsibility for securing compliance.
TY�e applicant further agrees that it will refrain from entering into any contract or cantract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debatred from, or who has nat
dernonstrated eligibility for, governrnent contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of the equal oppartunity
clause as may be imposed upon cantractars and subcontractors by the administering agency of the Secretary
of Labor pursuant to Par II, Subpart D of the Executive Order. In additian, the applicant agrees that if it
fails or refi.ises to comply with these undertakings, the administering agency may take any or all of the
following actions: cancel, tertninate, suspend in whole ar in part this grant (contract, loan, insurance
guarantee); refrain from extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance af future compliance has been received
from such applicant; and refer the case to the Department af Justice for appropriate legal proceedings.
4
M
a !
FEDERAL - SECTION 3 CLAUSE
A. The work to be performed under this cantract 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 of 1968, as
amended, 12 U.S.C. 1'701u. Section 3 requires that to the greatest extent feasible, apportunities for
training and employment be given to lower income residents of the proj�ct area, and contracts far
wark in connection with the project be awazded to business concerns which are located in, or
owned in substantial part by persans residing in the area ofthe praject.
B. The parties to this contract will camply with the pravision of said Sectian 3 and the regulations
issued pursuant thereto by the Secretary of 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 under no contractual or
other disability, which would prevent them from complying with these requirements.
C. The contractor will send to each labar organization or representative of workers with which he has
a collective bargaining agreement or other contract ar understanding, if any, a natice advising the
said labor organization of workers' representative of his commitments under this Section 3 Clause
and shall post copies of the notice in conspicuous places available to ernployees and applicants for
employment or training.
D. The c�ntractor will include this Section 3 Clause in every subcontract for work in connection with
the project and will, at the direction of the applicant far ar recipien.t 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 Housing 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 vialation of regulations under 24 CFR 135, and will not let any
subcantxact unless the subcontractor has first provided it with a preliminary statement of ability to
comply with the requirements 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 Departrnent issued hereunder prior ta the executian of th�
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 or recipient, its cantractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant or laan agreement or cantract
thraugh which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
135.
�7