SUBRECIPIENT AGREEMENT FY 2011-2012 - PUBLIC SERVICECITY OF CLEARWATER, FLORIDA
AND
SAFETY HARBOR NEIGHBORHOOD FAMILY CENTER
FY2011-2012
SUBRECIPIENT AGREEMENT
(Public Service)
THIS SUBRECIPIENT AGREEMENT as entered into on this 1 st day of October 2Q 11, by and between
the City of Clearwater, a Florida municipal cozporation, having its principal office at 112 South Osceola
Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the Safety Harbor Neighborhood
Family Center, hereinafter referred to as the "Frovider" or "Subrecipient", whose principal address is:
1003 Dar. Martin Luther King Jr. Street North, Safety Harbor, FL 3�695.
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and
Urban Development (HUD) for the purpose of conducting a Housing and Commuriity Development
Program with federal iinancial assistance under Title I of the Hausing and Community Development Act of
1974, as amended, hereinafter called "Act" (42 U.S.G 5301 et seq.); and the Cranston-Gonzalez National
Affardabl� Housing Act of 1990 (�2 U.S.G 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 conducting tl�.� Carnrnunity Development Block Grant (CDBG) (24
(CFR 570) and the H�ME Investment Partn.ership (HOME) Program (42 CFR 92) with federal assistance
under Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended (42 U.S.C.
12701-12839); and
WHEREAS, the City has entered into an agreement with the State of Florida for the puipose of
coz�ducting the State Housing Initiatives 1'artnership (SHIP) Program with State of Florida assistance under
the William E. Sadowski Hausing Act (Section 420.907 - 420.9079, Florida Statutes, and Rule 67-37,
F�orida Administrative Code (FAC)) which was signed intn law on July 7, 1992; and
WHEREAS, the City has determined through its Fiscal Year 2�11-2016 Cansalidated Plan and
FY2011-2012 Consolidated Action Plan, which was adopted an July 21, 2011, the necessity for providing
funding to operate a neighborhood family service center for very-low to moderate income hauseholds
residing in Clearwater;
WHEREAS, the City desires ta engage the Provider to render certain services in cannection
therewith:
N�W, THEREFQRE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
The Provider shall use City funds far salary support to implernent the Bridge the Gap project. The pxoject is
a combination of services to help individuals and families survive, stay in their homes and stay together.
The four main components of the project are Critical Basic Needs to include food, clothing and hygiene
projects; Financial Assistance; Career Development where a life coach works one on one to assist clients in
achieving their goals; and lastly School Readiness/School Success by providing necessary supplies to allow
a child to start the schoal year off with the tools they need for success. The pravider agrees to accornplish
this activity in accordance with the prajected accomplishments attached and made a fully binding part of
this Agreement, as located in Appendix 1.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the fallowing:
A. The Program shall serve eligible very-low and moderate-income persons living in Clearwater. The
Provider shall certify that the activities carried out with funds provided under this Agreernent will
meet one or more oithe CDBG program's Natianal Objectives —1) bene�t law to moderate income
persons, 2) aid in the prevention or elimination af slum and blight, 3) meet carnrnunity
development needs having a particular urgency — as defined in 24 CFR 570.20$ and all applicable
rules and regulations as contained in the federal HOME Investment Partnership and State of �larida
State Housing Initiatives Fartnership (SHIP) programs.
B. The Provider shall maintain in its file the documentation on which basis it determines tk�at the
project benefits low and moderate-income persons, minorities and residents of Clearwater. Such
records shall include, but not be limited to profiles identifying financial classification, head af
household, ethnicity, race and gender, ar area benefit data, as required.
C. The Provider shall maintain a citizen participation mechanism, which will include, but not be
limited ta the following:
1. Logging citizen comrnents or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies of responses ta complaints and/or explanations of resalutions to complaints.
D. The Provider shall camply with Subpart c-- Post Award Requirements of the Office of
Management and Budget (OMB) Circular Na. A-110, "Uniform Administrative Requirernents for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizatians", incarporated by reference into this Agreement.
E. Costs incurred under this program shall be in compliance with Federal Management Circular No.
A-122, "Cast Principles for Non-Profit Organizations", incorporated by reference into this
Agreement.
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F. The Provider shall abide by thase provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incurred far the program prior ta approval and release of
funds from the U.S. Department of Housing and Urban Development and/or the State af Florida.
Further, it is expressly understaod that in the event no funds are released from the U.S. Department
of Housing and Urban Development and/ar the State of Florida in connection with this Program,
then the City is not liable for any claims under this contract.
H. The Operating Agency hereby certifies that, in the impl�mentation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirernents of Sectio� 504
of the Rehabilitation Act af 1973 (29 USC 794) (and the implementing regulatians at 24 CFR $),
the .Americans with Disabilities Act of 1990 (Public Law (PL) 101-336), and all state and local
laws requirin.g physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless and indemnify the City fram and against any and all liability for any
noncompliance on the part of the �perating Agency. Funds awarded under this Agreement may
be de-obligated should any of the following occur.
(1) Notification by HUD ta the City that said project is ineligible because of project
locatian, services provided, or any other reason cited by HUD;
(2) Notificatian by HUD to the City that said project is deficient and that cantinued support
of the project is not praviding an adequate level of services to low income and minority
people; or
(3) Written notification from HUD to the City that the program funds made available to the
City are being curtailed, withdrawn, or otherwise restricted.
(4) Fails to file required reports or meet project progress or campletion deadlines;
(5) Materially fails to connply with any provision of this Agreement (which may result in
suspension or termination in accordance 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 frorn the City that the federal enviranrnental
review process has been completed;
(8) Violates Labor Standards requirements; or
(9) Fails to comply with written notice from the City of substandard performance under the
terms of this Agreement.
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I. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex.
The Provider agrees that to the �xtent that it staffs the Program wi�th persannel not presently
employed by said party, it will take affirmative actian in attempting to employ low incarne persons
residing in the City o� Clearwater, particularly minority group members.
K. The Provider shall camply with the provisions of 24 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 of Community Development Block
Grant, HOME Investment Partnership Program, and State Housing Initiatives Partnership programs
shall be returned to the City within 45 days after receipt by the Subrecipient. In those instances
where the City allows the sub-recipient to retain pr�gram income, these funds sha11 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 additian, at the end of the
program year, the City may require remittance of all ar part of any CDBG program income balances
(including investments thereo fl held by the subrecipient (except those needed for immediate cash
needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash
or investments held for section 108 security needs).
L. The Provider shall transfer to the City any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds. All real praperiy acquired or improved
in whole or in part with CDBG funds in excess of $25,000 shall be:
(1) Used to meet one of the natianal objectives in Section 24 CFR Part 570.208 until five years
after expiration of the agreement, or fro such langer period of time as determined to be
appropriate by the City; or
(2) If not used as stated above, the pravider shall pay to City an amount equal to the current
rnarket value of the property less any portion of the value attributable to expenditures on
non-CDBG funds for the acquisition of or improvement to, the property. The payment shall
be considered program income.
A subrecipient receiving HOME funds must transfer 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 fiuids.
A subrecipient of SHIP funds recognizes that funds rnay revert to the City in accordance with
the provisions af 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 emplayment an the basis of
religion and will not limit employment ar give preference in employment to persons on the
basis of religion.
2. It will not discriminate against any person applying for public services on the basis af
religion and will not limit such services or give preference to persons on the basis of
religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in na religious proselytizing, and exert no other religiaus influence in the
provision of such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under
this Agreement shall contain na sectarian or religious symbols or decorations.
5. The fiuids received under this Agreernent shall not be used to construct, rehabilitate, or
restore any religious facility which is owned by the Pravider and in which the public
services are ta be provided. However, minor repairs may made if such repairs are d'uectly
related to the public services; are located in a structure used exclusively for non-religious
purposes; and constitute, in dollar terms, only a minor portio� of the CDBG expenditure for
the public services.
N. The Provider shall t�ransfer to the City upon expiration of this Agreement, any CDBG, HOME
and/or SHIP funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG, HOME and/or SHIP funds. The following restrictions and lirnitations apply to any
real praperty under the Pravider's cantral, which was acquired or improved in whole or in part with
CDBG funds in excess of $25,000:
1. Any real property under the Pravider's control must 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 of time as determined appropriate by the City after expiration of the Agreement.
Land-banking is a prohibited activity under th�e City's programs.
2. If the real property is sold within the period af time specified above, the property must be
disposed af in a rnanner which results in the City being reimbursed in the amount of the current
fair mazket value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds f�r acquisitian af, ar irnpravement to, the property. Such reimbursement is
required.
O. The Provider agrees that when sponsoring a project financed in whole ar in part under this
Agreement, all notices, infarmational pamphlets, press releases, advertisements, descriptions of the
sponsorship of the project, research reports, and similar public notices prepared and released by the
Provider shall include the statement:
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FUNDED BY
THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLUCK GRANT,
HOME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAMS
In written materials, the words "CITY OF CLEARWATER COMMiTNITY DEVELOPMENT
BLUCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS,
AND STATE HOUSING TNYTIATIVES PARTNERSHIP PROGRAM FUNDS
ADMINISTERED BY THE HOUSING DIVISION OF THE CITY OF CLEARWATER —
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT" shall appear in the same
size letters or type as the name oi 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 af Services" shall describe the activities to be performed.
Q. The Provider shall maintain sufficient recards in accordance with 24 CFR 570.502 and 570.506 ta
determine compliance with the requirements of this Agreement, the Community Developrt�ent
Black Grant Program and all applicable laws and regulatians.
This documentation shall include, but not be limited ta, the following:
Books, records and dacttments in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and
expenditures of furids pr�vided directly or indirectly by this Agreeme�t, including matching
funds and program income.
2. Time sheets for split-fucxded employees who work on more than ane activity, in oxder to
recard the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG
related chazges.
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 determinations, income certifications, arid writt�n agreements
with beneficiaries, where applicable.
R. The Frovider is responsible for maintaining and storing all recards pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of five (S) years
after expiration of this Agreement, with the following exceptian: if any litigation, claim or audit is
started before the expiration da.te of the three year period, the records will be rnaintained until all
litigation, clairns ar audit findings involving these recards are resolved. The City shall be informed
in writing after closeaut of this Agreement, of the address where the records are to be kept.
SECTION III: OTHER CONTRACTUAL PROVISIUNS
A. Labor Standards
Except with respect ta the rehabilitation of residential praperty designed far residential use for
less than eight households, the provider and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed
in whale ar in part with assistance provided under this Agreernent are subject ta the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to jaurney workers. Under the tenns of the Davis-Bacon Act, as amended, the provider is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than thase prevailing an similar construction in the locality as determined by the Secretary of
Labor, and shall pay overtime compensation in accordance with and subject to the provisions of
the contract Work Hours and Safety Standards Act (40 USC 327-332), and the provider shall
comply with all regulations issued pursua.nt to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided, that if wage rates are higher than those required under the regulations are imposed by
State or local laws, nothing hereunder is intended to relieve the provider of its obligation, if any,
ta require payment af the high�r rates.
B. Flood Disaster Protection
This Agreement is subject to the requirements of the Fload Disaster Protection Act af 1973 (PL
93-23a). Use of any assistance provided under this Agreement for acquisition or construction in
an area identified as having special flood hazards shall be subject to the mandatory purchase of
fload insurance in accardance with the requirements of Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution Contro[Act (Applicable to Contracts and Subcontracts
Which Exceed $100,U00
The pravider shall camply with and require each subcantractar to c�mply with all applicable
standards of the Clean Air Act of 1970, (42 USC 7401 et seq.), as amended, the Federal Water
Pollution Contral Act (33 USC 1251 et seq.), as amended, and the regulations of the
Environmental Protection Agency with respect thereto, at 40 CFR 1'art 32 as amended frozn. time
to time.
D. Provision of the Hatch Act
Neither the provider program nor the funds provided therefore, nor the personnel employed in the
administration af the program shall be in any way ar to any extent engaged in the conduct of
political activities in contravention of Chapter 15 of Title 5, USC.
E. Lead-Based Paint
r�
Any grants or loans rnade by the provider for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions %r the
elimination of lead-based paint hazards under 24 CFR Fart 3S. Operating Agency will comply
with the requirements of 24 CFR 570.608 for notification, inspectian, testing, and abatement
procedures concerning lead-based paint. Such regulations require that all owners, prospective
owners, and tenants of properties constructed prior ta 1978 be properly notified that such
properties may contain lead-based paint Such notification shall p�int out the hazazds of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
F. Special Assessnzents
Provider shall not attempt to recover any capital costs o� public impravements assisted in whole
ar in part with funds provided under Sectian 106 of the Act (42 USC 5306) or with amaiu�.ts
resulting �rom a guarantee under Section 108 (42 USC 5308) of the Act by assessing any amount
against properties owned at�d occupied by persons of low and moderate i�ncome, including any
fee charged or assessment made as condition of abtaining access to such public improvements,
unless (1) funds received under Section 106 of the Act are used to pay the proportion of such %e
or assessment that relates to the capital costs of such public impravements that are financed from
revenue sources othear than under Title 1 oi the Act, or (2) for purposes of assessing any amount
against properties owned and occupied by persans of maderate income, the grantee certifies to
the Secretary af HUD that lacks sufficient funds received under Sectian 106 of the Act to comply
with the requirements of subparagraph (1).
G. Acquisitian, Rehabflitation, and Demolition of Real Property and DispCacement of Persons
and Susinesses
Provider shall camply with the "City of Clearwater, Housing Division, Cammunity Development
Block Grant Program Plan for Minimizing the Displacement of Persons As a Result of
Community Develapment Blocic Grant Funded Activities" and "City of Clearwater, Housing
Division, Community Develapment Slock Grant Yrogram Residential Anti-displacement and
Relocatian Assistance Plan." Pravider shall conduct any acquisition, rehabilitation, or
demolition of real property, and any negotiations for acquisition, rehabilitation or demolition of
real properiy in compliance with the Uniform Relocation Assistance and REaI Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the i�nplementing
regulations at 49CFR 24 and 24 CFR 570.6p6. Unless specifically permitted, the provider shall
not cause either temporary or 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 of Community Development Block Grant activities, it sha�l comply with the
City's "Plan to Assist Persons Actually Displaced by Community Development Black Grant
Activities," and Qperating Agency shall provide all notices, advisory assistance, relocatian
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 570.606. The Provider hereby agrees to
defend, to pay, and to indemnify the City from and against, any and all claims and liabilities for
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relocation benefits or the provision of replacement dwelling units required by federal statutes and
regulatians in carinection with activities undertaken pursuant to this Agreement.
H. Lobbying Restrictions
Provider certifies that, to the best af its knowledge and belief:
No Federal Appropriated funds have been paid or will be paid, by or an behalf of it, to any
person for influencing an officer or employee of any agency, a Member of Congress, an officer ar
employee of Cangress, ar an employee of a Member of Congress in connection with the
awa.rding of any Federal contract, the making of any �'ederal grant, the making of any Federal
loan, the entering into of any cooperative agreem�nt, and the extensian, continuation, renewal,
arnendrnent, or modificatian of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any persan
for influencing or att�mpting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an ennployee af a Member of Cangress, in
connection with this Federal contract, grant loan or cooperative agreement, it will co�nplete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
It will require that the language of this paragraph H be included in the award documents for all
sub-awards at all tiers (including subcantracts, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all Subrecipients shall certify and disclose acc�rdingly.
This certification is a material representation of fact upon which reliaxace was placed when this
transaction was made or entered into. Submission of this certiiication is a prerequisite for
rnaking or entering into this tratisaction imposed by 31 USC 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,00� and not more
than $100,000 for each such failure.
SECTION IV: TERM OF AGREEMENT
This Agreement shall be deemed effective upan approval and release af funds by the U.S. Department of
Housing and Urban Development and/or the State of Florida and being duly executed by both parties,
whichever is later.
The term of this agreement shall be from October 1, 2011 to September 30, 2012. The term may 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 pariy hereto by written notice of the other party of
such intent to terminate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree
upon the termination conditions. A written notification shall be required and shall include the
following: reason for the termination, the effective date, and in the case of a partial terrninatian, the
actual portion to be terminated. However, i% in the case oi a partial ternunation, the City
det�zmines that the remaining partion af the Agreement will not accomplish the purpases of such
Agreement, the City may tertninate such in its entirety.
C. The City rnay 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 cornply and/or perform in accordance wi.th this Agreement, ar any federal
statute or regulatian.
b. Submitting reports to the City, which are late, incorrect ar incamplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any cancerns raised by the City, including
substantiating dacuuments when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as deternuned by the City's
monitoring of the Subrecipient, and applicable HUD rules and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default.
Such notificatian shall include actions taken by the City, such as withholding of payrnents,
actians to be taken by the Provider as a condition precedent to clearing the deficiency and a
reasonable date for compliance, which shall be no mor� than fifteen (15) days from
notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for termination
af this Agreement. The Provider shall be given no more tl�an fifteen (15) days in which to
reply in writing, appealing the termination prior to final actian being taken by the City.
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D. Let it be further understood that upan curtailment of, or regulatory constraints placed an, the funds
of the U.S. Department of Housing and Urban Development and/or the State of Florida, this
Agreernent will terminate effective as of the tizne that it is determined such funds are no longer
available.
E. Costs of the Provider resulting from abligations incurred during a suspension or after termination,
are not allowable unless the City expressly authorizes them in the notice of suspension or
termination or subsequently. Other costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations which were praperly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended ar expired normally at the
end of the Agreement in which the ternvnation takes effect.
�'. Upon termination af the Agr�ement, the Provider and the City sha11 meet to discuss the City's
deternunation if any amounts are to be repaid to the City or if additional amounts are due the
Provider.
SECTTON VI: AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreemen.t 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 ancUar the Project Implementation Schedule or increase, the tatal arnaunt 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 Pravider for outlays in excess of the funded amount of the Agreement
unless and until the City officially, in writing, approves such expenditure by executing a written
modification to tkie original Ag�reement.
SECTIUN VII: METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual
expenditures incurred shall be reserved in the amount of FOURTEEN THOUSAND EIGHT
HUNDRED AND NINETY-TWO DOLLARS AND NO-00/100 ($14,892.00).
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 productian perfarmance. Productivn will be
reviewed quarterly and will be based upon the goals the Provider established in their program
i�nplementation schedule. Any remaining balance of funds shall revert to the City or other approved
provider(s). Such compensation 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 far payment for actual expenditures (or no expenditures
during the month), including applicable back-up documentation, no later than the tenth (lOth) day
of the succeeding monih and the City will provide reimbursement, upon approval, within twenty
(20) working days after receipt of the same, at�d if all required documenta�tion is submitted with
request and if all documentation is cortect.
B. The City agrees to pay the Provider for exp�nditures incurred under this Agreement on an as needed
basis in accordance with the Budget and Project Implernentation Schedule attached h�reto azid
made a part hereof as Appendix 1. Line item transfers are allowable anly within each component
and may not exceed in tki� aggregate fifteen percent (15%) of each line item without rior written
approval of the City. All changes amounting to more than fifteen percent (15%) require nrior
written approval.
SECTION VIII: E UAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Operating Agency agrees as follows:
1. The Operating Agency shall not discriminate against any employee or applicant for employment
because of race, color creed, religion, sex age, handicap, disability, sexual orientatian, ancestry,
national origin, marital status, familial status, or any other basis prohibited by applicable law.
The Operating Agency shall take affirmative actian to ensure that applicants are employed and
that employees aze treated during employment without regard to their race, colar, creed,
religion, sex age, handicap, disability, sexual orientation, ancestry, ar natianal arigin. Such
action shall include, but not be limited to the following: Emplayment, upgrading, demation or
transfer, recruitment or recntitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training including apprenticeship. The Operating Agency
agrees to past in conspicuous places, available to empinyees and applicants for exnpioyment,
notices to be provided setting forth the pravisions of this nondiscrimination clause.
2. The Operating Agency will, in all solicitations ar advertisements for employees placed by or on
behalf of the operating Agency, state that all qualified applicants will receive cansideration for
employment without regard to race, color 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 ar representative of workers with which is
has a collective bargaining agreement ar other contract of understanding, a notice to be provided
advising the said labor union or workers; representatives of the Qperating Agency's
commitments und�r 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 11246, Equal
Employment opportunity, af September 2�, 1965, as amended by Executive Orders 11478,
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August $, 1969 and 12086, October 5, 1978, copies of which are on file and available at the City
and of the rules regulations, and relevant arders of the Secretary of Labor.
S. The Operating Agency will furnish all inforn�ation and reports required by Executive Order
112�6 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary
of Labar, ar pursuant thereta, and will permit access ta its books, records, and accounts by HUD
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Operating Agency's noncompliance with the nondiscrimination clauses of
this cantract or with any af the said rules, r�gulatians, or arders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Operating Agency may be declared
ineligible for further Government cantracts or federally assisted canstruction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed ar�.d remedies invoked as pravided in
Executive order 11246 of September 24, 1965, as amended, or as otherwise provided by law.
�. The Operating Agency will include the portion of the sentence immediately preceding paragraph
(1) and the provisions af paragraphs (1) through (7) in every subcontract or purchase order
ut�less exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to
Section 204 of Executive Order 1124G of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The Operating Agency will take
such action with respect to any subcantract ar purchase order as HUD may direct as a means af
enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event an Operating Agency becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such 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 Participation
The Provider shall adhere to the regulations established in the Housing and Community Development
Act of 1974, and in conformance with City policy and all requirements imposed by or pursuant to the
Regulations of HUD (24 CFR �azt 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States shall on the ground of race, color creed, religion, sex, age, handicap, disability, sexual
orientation, ancestry national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participatian in, be denied the benefits af, or be subjected to
discrimination under, arAd program or activity funded in whole or in part with Community Development
Block Grant Program funds.
B. Specific (not exclusive) Discriminatory Actions Prohibited:
The Provider may not directly or through contractual or other arrangements, on the ground of race, color,
creed, religion, sexual orientation, ancestry, natianal �rigin, marital status, familial status, age handicap,
disability, sex or any other basis prohibited by applicable law:
13
(1) Deny any facilities, services, financial aid, ar vther benefits provided under the program
or activity.
(2) Provide any facilities, services, financial aid, or other benefits, which are different or are
provided in a different farm from that provided to others under the program or activity.
(3) Subject to segregated ar separate treatment in any facility, or in any m.ater or process
related to receipt of any service or benefit under the pr�gram or activity.
(4) Restrict in any vvay access ta, or the enjoyment of any advantage or privilege enjoyed by
others in connection with facilities, services, financial aid or other benefits under th�
program or activity.
(5) Treat an individual differently from others in determining whether the individual satis�ies
any admission, enrollment, eligibility, membership, or other requirements or condition
which the individual must meet in order ta 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. Susiness and Employment Opportunities for Lower Income Residents, Womera-Owned
Business Ertterprises, and Minority-Owned Business Enterprises
The Provider shall confornl with the rules and regulations set forth utider Section 3 of the Hausing and
Urban Development Act of 1968, (12 USC 1701 u), as amended, and tk�e HUD regulations issued
pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible, opportunities
for training and employment be given to lower income residents of the project area, and contracts for
work in canttection 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, pravide a preliminary statement of the workforce, needs and plans far
possible training and employment of lower income persons. When an Operating Agency utilizes the
bidding procedure to let a bid, the invitation or solicitation far bids shall advise praspective contractors
of the requirernents of Section 3 o:F the Housing and Urban Develapment Act of 196$, as amended, and
the clause shall be inserted as a component part of any contract or subcontract. Please see Appendix 3.
If an Operating Agency solicits or requests an invitatian for bids, every effort feasible will be rnade to
contact minarity-owned and women-owned business enterprises for a response to the solicitation or
invitation for bidders.
D. Nondiscrimination in Federally Assisted Pragrams
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 3G01 19, 31). In accordance with City policy and Title VI of the
14
Civil Rights Act of 1964 (PL 58-352), in the sale, lease af other transfer of land acquired, leased ar
improved with assistance provided under this Agreement, the deed or lease for such transfer shall
contain a covenant prohibiting discrimination upon the basis af race, color, creed, religion, sex handicap,
disability, sexual orientation, ancestry, national origin, mazital status, or familiar status, in the sale, lease
or rental, ar in the use or occupancy of such land or any improvements erected or ta be erected thereon.
The Provider will comply with Title VIII of the Civil Rights Act of 1968 (PL 90-284, 42 U5C 3601 et
seq.) as amended and will administer all programs and activities related to housing and caxnrnunity
develapment in a manner to affirmatively further fair housing.
SECTION IX: CONFLICT OF INTEREST
The Provider covenants that na person, under its employ who presently exercises any functions ar
responsibilities in cannection with Community Development Block Grant Program, HOME Investment
Partnership Program and State Housing Initiatives Program funded activities, has any personal iinancial
interests, direct or indirect, in this Agreement. The Provider caveriants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it
will camply with all provisions of 24 CFR 570.611 "Canflict of Interest", and the State Statutes governing
conflicts of interest. The Pravider shall disclose, in writing, ta the City any possible conflicting interest or
apparent imprapriety that is covered by the al�ve provisions. This disclosure shall occur immediately
upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on
both parties.
SECTION X: INDEMNIFICATION AND �NSURANCE
The Pravider shall indemnify and hold harmless the City from any and all claims, liability, losses and
causes of action, which may arise out of the Agreement. The Provider shall pay all clairns 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 judgrnents which may be issued therean.
Automabile and vehicle coverage shall be required when the use of automobiles and other vehicles are
involved in any way in the performance of the Agreement.
The Provider shall subnnit 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. G�nerally, the amount of coverage necessary would be at a minimum of $300,000. Further, in
the event evidence of 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 option and any payments then
due nnay be permanently withheld by the City and the City will have no fi.�rther abligation under this
contract or any Subrecipient cantract.
SECTION XI: REPORTING AND EVALUATION RE UIREMENTS
Maintaining credibility for tkae community develapment effort rests heavily on the ability to produce an
impact in low/rnoderate income areas, through progress in accomplishing scheduled activities. An
15
effective method for maintaining project progress against a previausly established schedule is through
project evaluation and reporting, which will consist of both written reports and staff discussions on a
regular basis. The Provider also assures prompt and efficient submission of the following:
A. Monthl Re orts - are due no later than the tenth (lOth) day of the succeeding month and shall
include the request for payment when applicable. A monthl re art is due re ardless if an funds
have been expended. Contents of the Manthly Report, attached hereta and made a part hereof as
Appendix 2, shall include but not necessarily be limited to th� following:
1. The "Financial Report & Implementation Summary" Form, which shall include the request
for payment and documentation, as applicabl�.
2. The "Program Activity Report"
3. The "Request for Reimbursement" Form
4. Instructions for Appendix 2 Forms
B. Final EvaCuation - Within thirty (30) days of cantract cornpletion, a final report documenting how
the Statutory National Objective and the eligibility requirements were rnet, must be submitted by
the Provider to the City's Housing Division for review and approval. The contents of it shall
include a cumulative total af the data submitted during the program's operation. Further, such
report shall include sta.tistical findings, which depict pragram efficiency; i.�., the number oi dallars
spent, including nan-CDSG funding sources, to render actual service to program recipients, and an
overall evaluation of the program's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be natified if additional data is necessary or that the project/activity
is considered "closed-out".
C. Other Re ortin Re uirements may be required by the City in the event of program changes, need
for additional informatian or documentatian and/or legislation amendments. The Pravider shall be
informed, in writing, ii any changes become necessary.
Reports and/or requested docutnenta.tion not received by the due date, shall be considered
delinquent, and may be considered by th.e City as sufficient cause to suspend CDBG, HOME, and
SHTP payments to the Provider.
SECTION XII: AUDIT AND YNSPECTIONS
At any time during normal business hours and as often as Ciiy and/or Federal Goverrument representatives
may deem necessary, there shall be made available to representatives of the City and/or the Federal
Gavernm�nt an opportunity to review, inspect or audit all recards, dacumentatian, and any other data
relating to all matters cavered by the Agreement.
An aru�►ual organizatian audit shall be submitted to the City 120 days after the end of the Provider's iiscal
year. The submitted audit shall include ar�y management letters and agency responses ta the mar�agement
16
letters. The audit shall be perfarmed in accardance with OMB Circular A-110 Attachment F, OMB
Cucular A-133. If this Agreernent is closed-aut 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 1'rovider shall transfer to the City any CDBG, HOME or SHIP funds on hand (including program
income) or any accaunts receivable attributable to the use of CDBG, HOME or SHIP funds should the
agency clase its doors. The Provid�r shall alsa transfer to the City any real property in the Provider's
cantrol that was acquired or improved in whole or in part of with CDBG, HOME or SHIP funds, unless it
is used ta (1) meet one �f the national abjectives in Section 570.208 until five years after the expiratxon 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, the Provider shall pay to the City an amount equa.l to the current to the current
market value of the properiy less any partian of the value attributable to expenditures of non-CDBG,
HOME or SHIP funds for the acquisition of or impravement to, the property.
SECTION XYV: COMPLIANCE WITH LOCAL STATE & FEDERAL REGULAT�ONS
The Provider agrees to comply with a11 applicable federal regulations as th�y may apply to pro�ram
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTION XV: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to
be used far compensation originated from grants af federal Community Development Black Grant Funds,
HQME Investment Partnership Program Funds and State Housing Initiatives Partnership Funds, and must
be impl�mented 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 n�n-production of said federal grant
funds, that th� financial sources necessary to continue to pay the Provider compensation will not be
available and that this Agreement will thereby terminate effective as of the time that it is determined that
said funds are no longer available.
In the event of such deternunation, the Provider agrees that it will not laok to, nor seek to hold liable, the
City or any individual mennber of the City Commission thereof personally for the performance of this
Agreement and all of the parties hereto shall be released fram further liability each to the other under the
terms of this Agreement.
17
IN WITNESS WHEREDF. the parties hereto have caused this Agreement to be executed by their duly
authorized ofFicials on the day and date first above indicated.
Countersigned:
��
Frank V. Hibbard
Mayor
Continued:
Approved as to form:
� ��. �
Laura Mahony
Assistant City Attorney, TI
SAFETY HARSOR NEIGHBORHOOD
FAMILY CENTER, INC.
By ~ � �
Board President
�- ��.
Date
ATTEST:
�
oard S cretary
Date
C�TY OF CLEARWATER, FLORIDA
BY� ' �. �
William B. Horne, II
City Manager
Attest:
18
�
Rosernarie Call, MPA, CM
City Clerk
�-'`�.'q' �oFr �.
�'����� H����'
� w�` �'� �
�
�r"' �
�, �� 4�� .
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APPENDIX 1
Provider's Program Budget
Safety Harbor Neighborhood Family Center FY 11-12
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� 1,.,. y� , � r ,�i �' ;�:�.i� �!a�aat_: , a G�i�, ;i,,. sa , • �.r, ]{ �N �`�' w p
)�, �N �' i�. g { ,p 1� , � 1 "� yyttf A �
,� i�.,�L::a�.l;� �,�i S,:k �.tl�` ��' �d.`i'���R�'� i';°.t'��;i�;'14y�'' al-�,-,_ �'�i�;;'I'��, i 1i �.i��,�jl�"�;�P I� � ��"
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APPENDIX 1
Provider's Program Implementation Schedule
Safety Harbor Neighborhood Family Center 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 CONTRACTS SUBJECT T� EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate ar cause to be incorporated into any contract far
construction work, or modificatian thereof, as defined in the regulations of the Secretary of Labor at 41
CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Governm�nt or
barrawed on the credit of the Federal Gavernment pursuant to the grant, contract, loan insurance, or
guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance,
ar guarantee, the following Equal Opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The cantractor will not discrirninate against any employee or applicant for ernployment because of
race, color, religion, sex, �r natianal origin. The contractor will take affirmative action to ensure
that applicants aze employed, and that employees are treated during employment without regard to
their race, color, religian, sex, or natianal origin. Such action shall include, but nat be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection of training,
including apprenticeship. The contractor agrees to past in a conspicuous place, available to
employees and applicants for employment, natices ta be provided setting forth the provision of this
nondiscrimination clause.
(2) The contractar wili, in all salicitations or advertisements for employees placed by or behalf of the
contractor, will state that all qualified applicants will receive cansideration for employment without
regard to race, colar, religian, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreemenl or other contract or understand'uig, a notice to Ue prvvided advisi��g
the said labor wuon or warkers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(4) The contractor will comply with all provisions af Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The cantractor will furnish all information and reports required by Ex�cutive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access ta his baoks, records, and accounts by the administering agency and
tk►e Secretary o F Labar far purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for fixrther government
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 of the Secretary of
Labor, or as otherwise pravided by law.
(7) The contractor will include the portion of the sentence imrnediately preceding paragraph (1), and
the pravisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labar issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such actian with respect ta any subcontract or
purchas� order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance provided, however, that in the event a contractor becomes
involved in or is threatened with, litigation with a subcontractar ar vendar as a result of such
direction by the administering agency, the contractar may request the United States to enter into
such litigation to protect the interest of the United States.
Tk►e applicant further agrees that it will be bound by the above Equal Opportunity clause with respect ta its
own employment practices when it participates in federally assisted construction work: provided that, if the
applicant so participating is a State or local government, the above Equal Opporhuuty clause is not
applicable to any agency, instnirnentality or subdivision af such government which does not participate in
work on or under the contract,
The applicant agrees that it will assist and cooperate activ�ly with the adnninistering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equa1
Opportunity 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
supervisian af such campliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primaty responsibility for securing compliance.
The applicant further agrees that it will refrain fram entering into any contract or contract modiiication
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has nat
demonstrated eligibility for, govemment contracts and federally assisted construction contracts pursuant ta
the Executive Order and will ca�y out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors ar�d subcontractars by the administering agency of the Secretary
of Labor pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to camply with these undertakings, the administering agency may take any or all of the
following actions: cancel, terminate, suspend in whole or 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 of future compliance has been zeceived
frorn such applicant; and refer the case to the Department 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 iinancial assistarxce from the Department of Housing and Urban Developrnent and is
subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
arnended, 12 U.S.C. 1701u. Sectia�► 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 for
work in connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations
issued pursuant thereto by the Secreta�y of Housing and Urban Development set forth in 24 CFR
135, and all applicable rules and orders of the Departlnent issued there under prior to the execution
of this contract. The parties to this cantract certify and a�ee that they are under na contractual or
other disability, which wauld prevent them fram 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 other cantract or understanding, if any, a notice advising the
said labor organization of workers' representative of his comrnitments under this Section 3 Clause
and shall post copies of the notice in conspicuous places available to employees and applicants for
ernployment or training.
D. The contractar will include this Section 3 Clause in every subcontract for work in connectian �vith
the project and will, at the direction of the applicant far or recipient of Federal financial assistance,
talte 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 contractor will not subcontract with any subcontractar where it has notice ar knowledge that
the latter has been found in violation of regulations under 24 C�'R 135, and will not let any
subcontract unless the subcontractor has first provided it with a prelizninaxy statement of ability to
comply with the requirernents af these regulations.
E. Compliance with the pravisions aF Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued hereunder prior to the execution of the
contract, shall be a conditian 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 contractors and subcontractors, its
successars, and assigns to those sanctions specified by the grant or loan agreement �r contract
through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
135.
3