SUBRECIPIENT AGREEMENT FY 2011-2012 - EMERGENCY TREATMENT CENTERCITY UF CLEARWATER, FLORIDA
AND
PERSONAL ENRICHMENT THROUGH MENTAL HEALTH SERVICES, INC.
FY2011-2012
SUBRECIPIENT AGREEMENT
(Emergency Treatment Center)
THIS SUBRECIPIENT AGREEMENT as entered into on this lst day of October 2011, by and between
the City of Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola
Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the Personal Enrichment Through
Mental Health Services, Inc., hereinafter referired to as the "Provider" or "Subrecipient", whose principal
address is: 11254 58�" Street North, Pinellas Fark, FL 33782.
WITNESSETH:
WI�REAS, the City has entered into an agreement with. the U.S. Department of Housing an.d
Urban Developxnent (HCTD) for the purpose of conducting a Housing and Cornmunity Development
Program with federal financial assistance under Title I of the Housing and Community Development Act of
1974, as amended, hereinafter called "Act" (42 U.S.C. 5301 et seq.); and the Cranston-Gozizalez National
Affordable Housing Act of 1990 (42 U.S.C. 12701 et seq.); and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing atld
Urban Development for the puzpose of conducting the Community Develapment Block Grant (CDBG) (24
(CFR 570) and the HOME Investment Partnership (HOME) Pragram (�2 CFR 92) with federal assistance
under Title II of the Cranston-Goz�alez National Affardable Housing Act of 1990, as amended (42 U.S.C.
12701-12839); and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of
canducting the State Housing initiatives 1'artnership (SHIP) Program with State of Flarida assistance under
the William E. Sadowski Housing Act (Section 420.907 -�20.9079, 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 �'iscal Year 2011-2016 Consalidated Plan and
FY2011-2012 Consolidated Actian Plan, which was adopted on July 21, 2011, the necessity for providing
mental health services and counseling ta very law to moderate-income households residing in Clearwater;
WHEREAS, the City desires to engage the Provider to render certain services in cannection
therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
The Provider agrees to provide City funds for salary support of an Advanced Registered Nurse Practitianer
(ARNP) to provide mental health crisis interventian and treatment services to mentally ill citizens
including mentally frail elderly citizens thraugh the Family emergency Treatment Center (FETC). The
provider agrees to accomplish these activities in accordance with the projected accomplishments attached
and rnade a fully binding part of this Agreement, as located in Appendix 1.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible very-low and modezate-income persans living in Clearwater. The
Pravider shall certify that the activities catxied out with funds provided under this Agreem�nt will
meet one ar more of the CDBG program's Natianal Objectives —1) beneiit low to �noderate income
persons, 2) aid in the preventian or eliminatian of 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 Investment Partnership and State af Florida
State Housing Initiatives Partnership (SHIP) programs.
B. The Provider sha11 maintain in its file the documentation an which basis it determines that 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 classificatian, head of
househald, ethnicity, race and gender, or area b�neiit data, as required.
C. The Provider shall maintain a citizen participation mechanism, which will include, but not be
limited to the follawing:
1. Logging citizen comments or cornplaints when received.
2. Copies of carnrnents and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of resolutions to complaints.
D. The Provider sha11 comply with Subpart c— Post Award Requirements of the Office of
Managernent and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements for
Grants and Agreements with Institutions af Higher Education, Hospitals and Other Non-Profit
Organizatians", incorporated by reference into this Agreernent.
E. Costs incurred under this program shall be in compliance with Federal Managernent Circular Na.
A-122, "Cost Frinciples for Non-Profit Organizations", incorporated by reference into this
Agreement.
F. The Provider shall abide by those pravisions of 24 C�'R Part S70 subpart J, when applicable,
incarporated by reference into this Agreement.
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G. No expenditures or obligations shall be incurred for the program prior to approval and release of
funds from the U.S. Department of Housing and Urban Develapment and/or tb.e State of Florida.
Further, it is e�pressly understo�d that in the event no funds are released frorn the U.S. Department
af Housing and Urban Development and/or the State of Florida in connection with this Program,
then the City is not liable for any claims under this cantract.
H. The Operating Agency hereby certifies that, in the irnplementation of projects funded by this
Agreernent and in all of its ather operations, it will comply with all requirements of Sectian SOA�
of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing r�gulations 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 atid against any and all liability for any
noncompliance on the part of the Operating Agency. Funds awarded under this Agreement rnay
be de-obligated should any of the following occur.
(1) Notification by HUD to the City that said project is ineligible because of project
location, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the City that said project is deficient and that continued support
of the project is not providing an adequate level of services to low income and zninarity
peaple; or
(3) Written notification fram Hi..TD to the City that the pragram funds made available ta the
City are being curtailed, withdrawn, or ath�rwise restricted.
(4) Fails to iile required reports or meet project progress ar completion deadlines;
(5) Materially fails to camply with any provision of this Agreement (which may result in
suspensian or termination in accordance with 24 CFR 85.43 or OMB Circular A-110,);
(5) Expends funds under this Agreement for ineligible activities, services or items;
(7) Implements the project prior to notification from the City that the federal environmental
review process has been campleted;
(8) Violates Labor Standards requirements; or
(9) Fails to camply with written notice frorn the City of substandazd performance under the
terms of this Agreement.
I. The Provider shall certify, pursuant to Section 109 af the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin ar sex.
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J. The Provider agrees that to the extent that it staf�s the Program with personnel not presently
employed by said party, it will take affirmative actian in attempting to employ 1ow income persons
residing in the City of Clearwater, particularly minority group members.
K. The Provider shall coxnply with the provisions of 24 CFR 570.504 (c), "Program Income" and meet
the definition of prograrn 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 incame generated through the use af Community Development Block
Grant, HOME Investment Partnership Pragram, 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 program income, these fiuids shall be expended for
CDBG eligible activities, previously approved by the City in accordance with the projected
accomplishments and budget descriptions attached ta this Agreement. In addition, at the en.d of the
prograrn year, the City may require remittance of all ar part of any CDBG program income balances
(including investments thereo fl h�ld by the subrecipient (except thase needed �or immediate cash
needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash
or investrnents held for section 10$ security needs).
L. The Provid�r shall transfer to the City any CDBG funds on hand at the time af expiration and any
accounts receivable attributable to the use of CDBG fi.uids. All real property acquired or impraved
in whole or in part with CDBG funds in excess of $25,000 shall be:
(1) Used ta meet one of the national objectives in Section 24 CFR Part 570.208 until five years
after expiration of the agreerr�ent, or fro such longer periad af time as determined to be
appropriate by the City; or
(2) Ii not used as stated above, the provider shall pay to City an amount equal ta th� current
market value of the praperty less any portion of the value attributable to expenditures on
non-CDBG funds for the acquisition of or improvement to, the property. The paymen.t shall
be considered program income.
A subrecipient receiving HOME funds must transfer to the City any HOME funds on hand at
the time of e�piration of this Agreement and any accounts receivable attributable to the use of
H�ME funds.
A subrecipient af SHIP funds recognizes that funds may revert to the City in accordance with
the pravisions of the City's local hausing assistance plan.
M. The Provider shall comply with First Axnendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit ernplayment or give preference in employment to persons on the
basis of religion.
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2. It will not discrimir�ate against any person applying far public services on the basis of
religian and will not limit such s�rvices or give preference to persons on the basis of
religion.
3. It will pravide no religious instructian or counseling, conduct no religious worship or
services, engage in. no religiaus proselytizing, and exert no other religious influence in the
pravision of such public services.
4. The portion of a facility used to pravide public services assisted in whole or in part under
this Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or
restore any religious facility which is owned by the Provider and in which the public
services are to be provided. However, minor repairs may rnade if such repairs are directly
related to the public services; are located in a structure used exclusively for non-religious
purposes; and constitute, in dallar terms, only a minor portion of th� CDBG expenditure for
the public services.
N. The Provider shall transfer to the City upan 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 limitations apply to any
real property under the Frovider's control, which was acquired or improved in whole or in part with
CDBG funds in excess of $25,000:
1. Any real properiy under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations, 24 CFR Part 570.2�8 until five years or such longer
periad of time as determined appropriate by the City after expiration of the Agreement.
Land-banking is a prahibited activity under the City's programs.
2. If the real property is sold wiithin the period of time specified above, the property must be
dispased af in a manner which results in the City b�ing reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement t�, the property. Such reimbursement is
required.
O. The Provider agrees that when spansoring a project iu�anced in whole or in part under this
Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the
sponsorship of the project, research reparts, and similar public notices prepared and released by the
' Provider shall include the staternent:
FUNDED BY
THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRA►NT,
HOME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAMS
In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS,
AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FUNDS
ADMINISTERED BY THE HOUSING DIVISION OF THE CITY UF CLEARWATER —
ECONOMIC DEVELOPMENT AND HUUSING DEPARTMENT" shall appear in the same
size letters or type as the narne of the Provider.
P. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full carrect legal name of the pariy shall be identified.
2. The "Scope �f Services" shall describe the activities to be performed.
Q. The Pravider shall maintain suff'icient recards in accordance with 24 CFR 570.502 and 570.506 to
deternune campliance with the requirements of this Agreement, the Community Development
Block Grant Program and all applicable laws arid regulatians.
This documentation shall include, but not be limited to, the following:
Books, records and documents in accordance with generally accepted accounting principles,
pracedures and practices which suf£iciently 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 wha work on more than �ne activity, in order to
record the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG
related charges.
3. How the Statutory National Objective(s) and tkie eligibility requirement(s) under which
funding have been received, have been rnet. These also include special requirements such
as necessary and apprapriate determinations, income certificatians, and written agreements
with beneficiaries, where applicable.
R. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of 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 year periad, the records will be rnaintained until all
litigation, claims or audit findings involving thes� records are resolved. The City shall be informed
in writing after closeout of this Agreement, of the address where the records are ta be kept.
SECTION III: OTHER CONTRACTUAL PROVISIONS
A. Labor Standards
Except with respect ta the rehabilitation of residential property designed for residential use for
less than eight households, the pravider and all subcontractors engaged in cantracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work �inanced
in whole or in part with assistance provided under this Agreement are subject to the federal labor
standazds provisions which govern the payment of wages and the ratio of apprentices and trainees
to journey workers. Under the ternis af the Davis-Bacon Act, as amended, the provider is
required to pay all laborers and mechanics emplayed on construction work wages at rates not less
than those prevailing on similar canstructian in the locality as determined by the Secretary of
Labar, and shall pay avertime compensation in accordance with and subject to the provisions of
the contract Work Hours and Safety Standards Act (�0 USC 327-332), and the provider shall
comply with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided, that if wage rates are higher than thase required und�r the regulations are imposed by
State or local laws, nathing hereunder is intended to relieve the provider af its obligation, if any,
to require payment of the higher rates.
S. Flood Disaste� Protection
This Agreement is subject ta the requirements of the Flaod Disaster Protection Act of 1973 (1'L
93-234). Use of any assistance pravided under this Agreement for acquisition or construction in
an area identified as having special flood hazards shall be subject ta the mandatory purchase of
flood insurance in accordance with the requirements of Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution Contro! Act (.4pplicable to Cantracts arid Subcontracts
Which Exceed $1 pp,004
The provider shall comply with and require each subcontractor to comply with all applicable
standards o:F the Cleaa� Air Act of 1970, (42 USC 7401 et seq.), as amended, the Federal Water
Pollution Control Act (33 USC 1251 et seq.), as amended, and the regulations o� the
Environmental Pratection Agency with respect thereto, at 40 CFR Part 32 as amended from time
to time.
D. Provision of the Hatch Act
Neither the pravider program nor the funds provided therefore, nor the personnel ernplayed in the
administration of the program shall be in any way or to any extent engaged in the conduct of
political activities in contraventian of Chapter 15 of Title 5, USC.
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E. Lead-Based Paint
Any grants or loans made by the provider for the rehabilitation of residential structures with
assistance provided under this Agreement shall be rnade subject to the provisians %r the
elimination af lead-based paint hazards under 24 CFR Part 35. Operating Agency will cornply
vvith the requirements of 24 CFR 570.608 for natification, inspection, testing, and abatement
procedwres concerning lead-based paint. Such regulations require that all owners, praspective
owners, and tenants of properties constructed prior to 1978 be properly notified that such
properties may contain lead-based paint Such notiiication shall point out the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
F. Special Assessments
Provider shall not attempt to recover any capital casts af public improvements assisted in whole
or in part with funds provided under Section 106 of the Act (42 USC 5306) or with arnaunts
resulting from a guarantee under Section 108 (42 USC S30$) of the Act by assessing any amount
against properties owned and occupied by persons of low and moderate income, including any
fee charged or assessment rnade as condition of obtaining access to such public improvements,
unless (1) funds received under Section 106 of the Act are used ta pay the proportion af such fee
or assessnnent that relates to the capital casts of such public improvements that are financed from
revenue sources ather than under Title 1 of the Act, or (2) for purposes of assessing any amount
against properties owned and accupied by persons of moderate income, 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, RehabiCitation, and Demolition of ReaC Property and Displacement of Persons
and Susinesses
Provider shall comply with the "City of Clearwater, Housing Division, Community Developm�nt
Block Grant Program Plan for Minimizing the llisplacement of Persons As a Result of
Community Develapment Block Grant �'unded Activities" and "City of Clearwater, Housing
Division, Community Development Slock Grant Program Residential Anti-displacement and
Relocation Assistance Plan." Provider shall conduct any acquisition, rehabilitation, or
demolition of real property, and any negotiations for acquisition, rehabilita.tion or demolition of
real praperty in compliance with the Uniform Relocation Assistance and Real Praperty
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing
regulatians at 49CFR 24 and 24 CFR 570.606. Unless specifically permitted, the provider shall
not cause either temporary or permanent involuntary displacement af persons or businesses. If
the provider causes the involuntary temparary or permanent displacement of any person or
business as a result of Cammunity Development Block Grant activities, it shall comply with the
City's "Plan to Assist Persons Actually Displaced by Community Development Slock Grant
Activities," and Operating Agency shall provide all notices, advisory assistance, relocatian
benefits, and replacement dwelling units as required by the Uniform Relocativn 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
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defend, to pay, and to indemnify the City from and against, a.ny and all claims and liabilities for
relocatian benefits or the pravision of replacement dwelling units required by federal statutes az�.d
regulations in connection with activities undertaken pursuant to this Agreement.
H. Lobbying Restrictions
Provider certifies that, to the best of its kriowledge and belief:
No Federal Appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing an officer or �mployee of any agency, a Member of Congress, an officer or
emplayee af Congress, or an employee of a Member of Congress in cannection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal
laan, the entering into of any cooperative agreement, and the extension, cantinuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds ather than Federal appropriated funds have been paid or will be paid to any persan
for influencing or attempting to influence an affic�r ar exnployee af any agency, a Member of
Congress, an officer or ernployee of Congress, or an employee of a Member of Cangress, in
connection with this Federal contract, grant loan or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accardance with its
instructions; and
It will require that the language oi this paragraph H be included in the awazd dacuments for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all Subrecipients shall certify and disclose accardingly.
This certification is a material representation of fact upan which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite far
malcing or entering into this transactian 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 $10,000 and nat rnore
than $100,0�0 for each such failure.
SECTION IV: TERM OF AGREEMENT
This Agreement shall be deemed 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 bath 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 agreement.
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SECTION V: TERMINAT�ON
The City and the Pravider agree:
A. This Agreernent may be terminated by either party hereto by written natice of the other party af
such intent to ternunate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, far canvenience, when both parties agree
upon the texmination conditions. A written notification shall be required and shall include the
following: reason for the terminatian, the effective date, and in the case of a partial termination, the
actual portian to be terminated. Hawever, if, in the case of a partial termination, the City
determines that the remaining portion of the Agreement will not accomplish the purpases of such
Agreement, the City may tertninate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or tertninate this
Agreement in whale, ar in part, for cause.
1. Cause shall include, but not be limited ta, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute ar regulation.
b. Submitting reparts to the City, which are late, incorrect or incomplete 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 concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring af the Subrecipient, and applicable HUD niles and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default.
Such natificatian shall include actions taken by the City, such as withholding of payments,
actions to be taken by the Provider as a condition precedent ta clearing the deiiciency and a
reasonable date for compliance, which shall be no more than fifte�n (15) days from
notification date.
3. The City shall notify the Provider in writing when sufficient cause is fourid far termination
of this Agreement. The Provider shall be given no more than fifteen (15) days in which to
reply in writing, appealing the terinination prior to �nal action being taken by the City.
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D. Let it be furtk�er understood that upon curtailment af, or regulatory canstraints placed on, the funds
of the U.S. Department of Hausing and Urban Development and/or the Sta.te of Florida, this
Agreement will terminate effective as of the time that it is determined such funds are no longer
available.
E. Costs of the Pravider resulting fram obligations incurred during a suspensian or after termination,
are not allowable unless the City e�pressly authorizes them in the notice of suspension or
terminatian or subsequently. Other costs during suspension or after termination which axe
necessaxy and not reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incunred before the effective date of
suspension or termination, aze not in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired nornlally at the
end of the Agreement in which the tenttination takes effect.
F. Upon termination of the Agreern�nt, the Provider and the City shall meet ta discuss the City's
determination if any amounts aze to be repaid to the City ar if additional amounts are due the
Pravider.
SECTI�N VI: AMENDMENTS
Any alterations, variatians, modificatians or waivers of this Agreement shall only be valid when tbey k�ave
been reduced in writing and duly signed by both parties. Any changes, which do not substantially change
the scape of the project and/or the Praject Implementation Schedule or increase, th� tatal amount payable
under this Agreement, shall be valid anly when reduced to writing and signed by the City Administration
and the Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement
unless and until the City officially, in writing, approves such expenditure by executing a written
modification to the original Agreement.
SECTION VII: METHOD OF PAYMENT
It is expressly understaod and agreed that th� total cornpensation to be paid hereunder for actual
expenditures incurred shall be reserved in the amount of THREE THOUSAND FIVE HUNDRED
DOLLARS AND 00/100 ($3,500.00).
The funds must be expended in accordance with the terms and conditions of the Ag�reement. Funds set
aside for this agency may increase or decrease, subject to production performance. Productian will be
reviewed quarterly and will be based upon the goals the Provider established in their program
implementation schedule. Any remaining balance of funds shall revert to the City or other approved
pravider(s). Such campensation 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 manthlv requests for payment for actual expenditures (or na expenditures
during the manth), including applicable back-up documentation, no later than the tenth (lOth) day
of the succeeding nnonth and the City will provide reimbursernent, upon approval, within twenty
(20) warking days after receipt of the same, and if all required documentation is submitted with
request and if all documentation is correct.
B. The City agrees to pay the Pravider for expenditures incuxred under this Agreement on an as needed
basis in accordance with the Budget and Praject Itnplementation Schedule attached hereto and
made a part hereof as Appendix 1. Line item trauisfers are allowable only within each camponent
and may not e�ceed in the aggregate fifteen percent (1 S%) of each line item without �rior written
approval of the City. All changes amounting to more than fifteen percent (15%) require prior
written. appraval.
SECTION VIII: E UAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Operating Agency agrees as follows:
1. The Operating Agency shall not discrirninate against any emplayee or applicant for employment
because of race, color creed, religion, sex age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by applicable law.
The Operating Agency shall take affirmative actian ta ensure that applicants are emplayed and
that employees aze treated during employment without regard to their race, color, creed,
religion, sex age, handicap, disability, sexual orientation, atxcestry, or national origin. Such
action shall include, but not be limited ta the following: Employment, upgrading, demotion or
transfer, recruitment ar recruitment advertising, layoff or termination, rates of pay or other forms
of carnpensation, and selection far training including apprenticeship. The Operating Agency
agrees to past in conspicuous places, available to emplayees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Operating Agency will, in all solicitations or advertisements for employees placed by or on
behalf of the aperating Agency, state that all qualified applicants will receive consideration for
emplayment without regard to race, color creed religion, sex age, handicap, disability, sexual
orientation, ancestry, national origin, rnarital status, or any other basis prahibited by applicable
law.
3. The Operating Agency will send to each labor union or representative of workers with which is
has a collective bargaining agreement or other contract of understanding, a notice to be provided
advising the said labor union or workers; representatives of the Operating Agency's
commitments under this sectian, and shall post copies of the natice in conspicuous places
available ta employees and applicants for employment.
4. The Operating Agency will camply\ with all provisions of Executive Order 11246, Equal
Employrnent opportunity, of September 24, 19b5, as amended by Executive Orders 11478,
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August 8, 19G9 and 12086, October 5, 197$, copies of which are on file and available at the City
and of the rules regulations, and rel�vatzt arders af the Secretary of Labor.
5. The Operating Agency will furnish all information and reports required by Executive Order
11246 of September 24, 1965, as aznended, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to its boaks, records, and accounts by HUD
and the Secretary af 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 contract or with any af the said rules, regulations, or orders, this contract nr►ay be cancelled,
terminated, or suspended in whole or in part and the Operating Agency may be declared
ineligible for further Gavernment contracts or %derally assisted construction cantracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be im.posed and remedies invoked as provided in
Executive order 11246 af September 24, 1965, as amended, or as otherwise provided by law.
7. The Operating Agency will include the partion af the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in every subcantract or purchase order
unless exempted by rules, regulations, or ard�rs of the Secretary of Labor, issued pursuant to
Section 204 af Executive 4rder 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The Operating Agency will take
such action with respect ta any subcantract or purchase order as HUD may direct as a means of
enforcing such provisions, including sanctians for nancarnpliance; provided, however, that in
the event an Operating Agency becomes involved in, or is threatened with, litigation with a
subcantractor or vendar as a result of such direction by HUD, the Operating Agency may
request the United 5tates to enter into such litigation to protect the interests of the United States.
A. Equal Opportunity in Participation
The Pravider shall adhere to the regulat�ons established in the Hausing and Community Development
Act of 1974, and in conformance with City policy and all requirements imposed by or pursuant to the
Regulations vf HUD (24 CFR Part 570.601 and 570.G02) issued pwrsuant to Section 109, no person in
the United States shall on the ground of race, color creed, religion, sex, age, handicap, disability, sexual
orientation, ancestry national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied the benefts of, or be subjected to
discrimination under, and program or activity funded in whole or in part with Carnmuriity Develapment
Block Grant Program funds.
B. Specific (not excCusive) Discriminatory Actions Prohibited:
The Provider may not directly or through contractual or other arrar�gements, an the ground of race, calar,
creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age handicap,
disability, sex or any other basis prohibited by applicable law:
13
(1) Deny any facilities, services, financial aid, or ather benefits provided under the program
or activity.
(2) Provide any facilities, services, financial aid, ar ather benefits, which are different or are
provided in a different form from that provided to others under the program �r activxty.
(3) Subject to segregated ar sepazate treatment in any facility, or in any mater or pracess
related to receipt of any service or benefit under the program or activity.
(4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by
others in connection with facilities, services, financial aid or other beneiits under the
prograrn or activity.
(5) Treat an individua.l differently from others in det�rmining whether the individual satisiies
any adrnission, enrollment, eligibility, membership, or other requirements ar candition
which the individual must meet in order to be provided any facilities, services, or other
beneiit provided under the program or activity.
(6) Deny ariy person with the legal right to work an opportunity ta participate in a program or
activity as an employee.
C. Susiness and Employment Opportunities for Lower Ir�come Residents, Women-Owned
Business Enterpr[ses, and Minority-Owned Business Eraterprises
The Provider shall conform with the rules and regulatians set forth under Section 3 of the Housing and
Urban Development Act af 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, opparttu�ities
for training and employment be given to lower income residents af the project area, and contracts for
w�rk in connection with the praject be awarded to business concerns which are lacated in, ar own�d in
substantial part by, persans residing in the area of the project. In all solicitations for bids, the contractor
must, before signing the contract, provide a preliminary statement oi the workfarce, needs and plans for
possible training and employznent of lower income persons. When an Operating Agency utilizes the
bidding pracedure to let a bid, the invita.tion or solicitatian for bids shall advise prospective contractors
of the requirements of Sectian 3 of the Housing and Urban Development Act af 1968, as amended, and
the clause shall be inserted as a component part of any contract or subcantract. Please see Appendix 3.
If an Operating Agency salicits ar requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-awned business enterprises for a response to the solicitation or
invitation for bidders.
D. Nondiscrimination in FederalCy Assisted Programs
The Provider shall comply with Title VI af the Civil Rights Act of 1964 (PL 8&352, 42 USC 20�Od et
seq.) and the Fair Housing Act (42 USC 36U1 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
14
improved with assistance provided under this Agreement, the deed or lease for such transfer shall
conta.in a covenant prohibiting discrirr�ination upon the basis of race, color, creed, religion, sex handicap,
disability, sexual orientation, ancestry, national origin, marital status, or familiar status, in the sale, lease
or rental, or in the use or occupancy of such land ar ariy improvements erected or to be erected thereon.
The Provider will comply with Title VIII of the Civil Rights Act of 196$ (PL 90-2$4, 42 USC 3601 et
seq.) as amended and will administ�r all programs and activities related ta housing and cammunity
development in a manner to affirmatively further fair housing.
SECTION IX: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development Block Grant Program, HOME Investment
Partnership Program and State Housing Initiatives Prograrn funded activities, has any persanal financial
interests, direct or indirect, in this Agreement. The Fravider covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Pravider covenants that it
will comply with all provisians of 24 CFR 570.611 "Canflict of Interest", and the State Statutes governing
conflicts of interest. The Provider sha11 disclose, in writing, to the City any possible conflicting interest or
apparent irnpropriety that is covered by the abave provisians. This disclosure shall occur immediately
upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on
both parties.
SECTION X: INDEMNIFICATION AND INSURANCE
The Provider sha11 indemnify and hold harmless the City fr�m axxy and all claims, lxability, losses and
causes of action, which may arise out of the Agreement. The Provider shall pay all claims and losses of
any nature whatsoever in connection th�rewitki 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 autarnabiles arid other vehicles are
involved in any way in the perfarmance of the Agreement.
The Provider shall submit ta the City an ORIGINAL Certificate of Insurance.
Ali liability insurance coverage shall be approved by the City pri�r to th� rel�ase of any funds under this
Agreement. Generally, the amount af caverage necessary would be at a minimum of $300,000. Further, in
the event evidertce af the required insurance is not 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 may be permanently withheld by the City and the City will have no further obligation under this
contract or any Subrecipient c�ntract.
SECTION X�:_REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an
impact in low/m�derate income areas, through progress in accomplishing scheduled activities. An
effective method for maintaining project progress against a previously established schedule is through
15
project evaluation and reparting, which will consist of both wz�itten reports and staff discussions on a
regular basis. The Pravider also assures prompt and efficient submission of the follawing:
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 monthly report is due_re��ardless ii any funds
have been expended. Contents of the Monthly Repart, attached hereto and rnade a part hereo� as
Appendix 2, shall include but nat necessarily be limited to the following:
1. The "Financial Report & Implementation Summary" Form, which shall include the request
for payment and dacumentation, as applicable.
2. The "Program Activity Report"
3. The "Request for Reimbursement" Form
4. Instructions for Appendix 2 Forms
S. Final Evaluation - Within thirty (30) days of cantract completion, a iuial report documenting how
the Statutory National Objectiv� and the eligibility requirements were met, must be submitted by
the Provider to the City's Hausing 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 statistical findings, which depict program efficiency; i.e., the number of dollars
spent, including non-CDBG funding sources, to render actual service to program recipients, and ar�
averall evaluation of the program's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be notifiEd if additi�nal data is necessary or that the project/activity
is considered "closed-out".
C. Other Reportirag ReAUirements may be required by the City in the event af pragram changes, need
for additional information or documentation and/or legislation amendments. The Provider shall be
informed, 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 caus� to suspend CDBG, HOME, and
SHIP payrnents to the Provider.
SECTION XI�: AUDIT AND INSPECT�ONS
At any time during normal business haurs and as often as City and/or Federal Government representa.tives
may deem necessary, there shall be made available to representatives of the City and/or the Federal
Government an opportunity to review, inspect or audit all r�cards, documentation, and any ather data
relating to all matters cavered by the Agreernent.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal
year. Th� submitted audit shall include any managernent letters and agency responses to the management
letters. The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB
�
Circular A-133. If this Agreement is closed-out prior to the receipt of an audit report, the City resezves the
right to recover any disallowed costs identified in an audit after such closeout.
SECTION XIII: REVERSIUN OF ASSETS
The Pravider shall transfer to the City any CDBG, HOME or SHIP funds on hand (including pxagram
income) or any accounts rec�ivable attributable ta the use of CDBG, HOME or SHIP funds should the
agency close its doors. The Provider sha11 also transfer to the City any real properiy in the Provider's
control that was acquired or improved in whole ar in part of with CDBG, HOME or SHIP funds, unless it
is used to (1) meet one of the national objectives in Section 570.208 until five yeazs after the expiration af
this agreement, or for such longer periad of tim� as determined ta be appropriate by the recipient; or (2) if
not used for eligible activity, the Provider shall pay to the City an amount equal to the current to the current
market value of the property less any portion of the value attributa.ble ta expenditures of non-CDBG,
HOME ar SHIP funds for the acquisition of or improvement to, the property.
SECTION XIV: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply ta program
administration. Additianally, tk�e Provider will comply with all state and locallaws and ardina,nces hereto
applicable.
SECTION XV: ADDITIONAL CONDITI�NS AND COMPENSATION
It is axpressly understood and agreed by the parties hereto that monies contemplated by this Agreement to
be used for compensation originated from grants of federal Community Develapment Block Grant Funds,
HOME Investment Partnership Pragram Futxds and State Hausing Initiatives Partnership Punds, and must
be implemented in full compliance with all of HUD's and the State of Florida rules and regulations.
It is expressly urxderstood and agreed that in the event af curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Pravider campensation will nat be
available and that this Agreement will ther�by terminate effective as of the time that it is determined that
said funds are no longer available.
In the event of such determination, the Provider agrees that it will not laok to, nor seek to hold liable, the
City or any individual member of th� City Commission thereof personally for the performance of this
Agreement and all of the parties hereto sha11 be released from further liability each to the other under the
terms af this Agreement.
��
�,�.�����t.,.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized off'icials on the day and date %rst above indicated.
Countersigned:
-�� � / �
Frank V. Hibbard
Mayor
Continued:
Approved as to form:
Laura Mahony
Assistant City Attorney, II
PERSONAL ENRICHMENT THROUGH
MENTAL HEALTH SERVICES, INC.
,/� �
B_. �. '} .� _ C.� .'-� �..G.L.y.�'----
Y
Bo d President
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Date
ATTEST: � �
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Board S�cretary �
9 ��' ��l/
Date
CITY OF CLEARWATER, FLORIDA
By: �.�..;�,r,,,. �3_ '�
illiam B. Horne, II
City Manager
Attest:
rs
Rosemarie Call, MPA,
City Clerk
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APPENDIX 1
Provider's Program Budget
Personal Health Through Mental Health Services, Inc. FY 11-12
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APPENDIX 1
Provider's Program Implemen#ation Schedule
Personal Enrichment Through Mental Health Services, Inc. FY 11-1a
Planned Oct Nov pec J�ri Feb Mar Apr May Jun Jul Aug Sep
Impl�mentation
Steps
APPENDIX 3
EQUAL EMPLOYMENT OPP�RTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorparate or cause to be incorporated into any contract for
construction work, or modification thereof, as defined in the regulations of the Secretary of Labar at 41
CFR Chapter G0, which is paid for in whole or in part with funds obtained frorn th� Federal Government or
borrowed on the credit af the Federal Government pursuant to the grant, contract, loan insurance, or
guarantee, ar undertaken pursuar►t to any Federal program involving such grant, contract, loan, insurance,
or guarantee, the following Equal Opportunity clause:
During the performance of this cantract, the cantractor agrees as follows:
(1) The contractor will nat discriminate against any employee or applicant for employment because o�
race, calar, religion, sex, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during ernplayment without regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates af pay ar other forms of compensation; and selection of training,
including apprenticeship. The contractor agre�s to post in a conspicuous place, available to
employees and applicants for emplayment, notices to be provided setting forth the provision of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, will state that all qualified applicaz�ts will receive consideration for employment without
regard to race, color, religian, sex ar national origin.
(3) The contractar will send to each labor union or representative of workers with which he has a
collective bargaining agreement ar ather contract or understanding, a notice to be provided advising
the said labor union or workers' representative of the contractor's commitments u.nder this sectian,
and shall post copies of the notice in conspicuous places available ta ernployees and applicants for
ernployment.
(4) The contractar will camply with all provisions of Executive Order 11246 of September 24, 1965,
and af the rules, regulations, and relevant arders of the Secretary af Labor.
(5) The contractor will fumish 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 adrninistering agency and
the Secretary of Labor for purposes of investigation to ascertain complianc� with such rules,
regulatians, and orders.
(5) In the event of the contractor's non-compliance with the non-discriminatian clauses of this contract
or with any of the said rules, regulations, or arders, this contract rnay be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further government
contracts or federally assisted constructian contracts in accardat�ce with pr�cedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The cnntractar wi11 include the partion of the sentence immediately preceding paragraph (1), and
the provisions of paragraphs (1) through (7) in every subcantract or purchase arder unless exempted
by rules, regulatians, ar orders af the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 2�, 1965, so that such provisians will be binding upan each
subcontractor ar vendor. The contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for non-campliarice pravided, however, that in the event a contractor becomes
involved in or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the cantractor may request the United States to enter into
such litigation to protect the interest of the United States.
The applicant fiarther agrees that it will be baurid by the above Equal Opportunity clause with respect to its
own employment practices when it participates in federally assisted construction work: provided that, if the
applicant so participating is a State ar local govemment, the above Equal Opportunity clause is not
applicable to any agency, instrumentality ar subdivision of such government which does not participate in
work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the
Secretaty of Labar in obtaining the compliance of contractars and subcontractors with the Equal
Oppartunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it wi11
furnish the administering agency and the Secretary of Labor such information as they may require for the
sup�rvision of such compliance, and that it will atherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modiiication
subject to Executive �rder 11246 of September 24, 19G5, with a cantractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to
the Executive �rder and will carry aut such sanctians and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcantractars by the administering agency af the Secretary
of Lab�r pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertalcings, the adtxiinistering agency znay take any or all of the
following actions: cancel, terminate, suspend in whole or in part this grant (contract, loan, insurance
guarantee); refrain fram extending any further assistance to the applicant under the program with respect ta
which the failure or refund occurred until satisfactory assurance of future compliance has been received
from such applicant; and r�:fer the case ta the Department af Justice far appropriate legal proceedings.
2
►i
FEDERAI. - SECTION 3 CLAUSE
A. The wark to be performed under this contract is on a project assisted under a�rogram providing
direct Federal financial assistance from the Department of Hausing and Urban Development and is
subject to the requirements of Section 3 of the Housing and Urban Development Act af 1968, as
amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for
training and employment be given ta lower income residents of the project area, and contracts for
work in cannection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the pravision of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Develaprnent 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 cantract certify and agree that they are under no contractual ar
other disability, which would prevent them from camplying with these requixements.
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 commitments under this Section 3 Clause
and shall post copies of the natice in conspicuous places available to employees and applicants for
employment or training.
D. The contractor will include this Section 3 Clause in every subcontract far work in connection with
the project and will, at the directian of the applicant for or recipient of Federal financial assistance,
take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135
The cantractor will nat subcantract with any subcontractor where it has notice or knowledge that
the latter has been found in violation af regulatians under 24 CFR 135, and will not let any
subcantract unless the subcontractor has first provided it with a preliminary statement of ability ta
comply with the requirements of these regulatians.
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 to the execution of the
contract, shall be a condition of the federal fmancial 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 contractars and subcontractors, its
successors, and assigns to those sanctions specified by the grar►t or loan agreement or contract
thraugh which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
135.
3