SUBRECIPIENT AGREEMENT FY 2011-2012 - YOUTH LEADERS PARTNERSHIPCITY OF CLEARWATER, FLORIDA
AND
�NTERCULTURAL ADVOCACY INSITUTE
FY2011-2012
SUBRECIPIENT AGREEMENT
(Youth Leaders Partnership)
THTS SUBRECIPIENT AGREEMENT as entered into an this 15` day of October 2011, by and between
the City of Clearwater, a Florida municipal corporatian, having its principal office at 112 South Osce�la
Avenue, Clearwater, �'lorida, hereinafter referred to as the "City", and the Intercultural Advocacy
�nstitute, hereinafter referred ta as the "Provider" or "Subrecipient", whose principal address is: 612
Franklin Street, Clearwater, FL 33756.
1`.'/MM���X��
WHEREAS, the City has entered into an agreernent with the U.S. Departrnent of Housing and
Urban Development (HUD) for the purpose of conducting a Housing and Community Development
�rogram with federal financial assistance under Title I of the Housing and Community Develapment Act of
1974, as amended, hereinafter called "Act" (42 U.S.C. 5301 et seq.); and the Cranstan-Gonzalez Natianal
Affordable Housing Act of 1990 (42 U.S.C. 12701 et seq.); and
WHEREAS, the City has entered into an agreernent with the U. S. Department of Housing and
Urban Development for the purpose of conducting the Community Development Block Grant (CDBG) (24
(CFR 570) and the HOME Investment Partnership (HOME) Program (42 CFR 92) with federal assistance
under Tit1e II of the Cranston-Gonzalez Natianal Affordable Housing Act af 1990, as amended (42 U.S.C.
12701-12$39); and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose af
conducting the State Housing Initiatives Partnership (SHIP) Progz'am with State of Plorida assistance under
the William. E. Sadowski Housing Act (Sectian 420.907 - 420.9079, Florida Statutes, and Rule 67-37,
Florida Administrative Code (FAC)) which was signed into law on July 7, 1992; and
WHEREAS, the City has determined thraugh its Fiscal Year 2Q 1 l-2016 Consolidated Plan and
FY2011-2012 Consolidated Action Plan, which was adopted on July 21, 2011, the necessity for providing
advocacy and counseling services to very low to m�derate-income households residing in Clearwater;
WHEREAS, the City desires to engage the Provider to render certain services in connection
therewith:
NOW, THEREFQRE, the parties hereto agree as fallows:
SECTION I: SCOPE OF SERVICES
The Provider agrees to pravide City funds for salary support ta pravide a Family Facilita.tor who will work
under the Youth Leaders Partnership, a program within the Hispanic Outreach Center. The facilitator wi11
wark with parents of the students in the program by organizing meetings, delivering curriculum that is
parent-specific, and build and maintain a long term supportive relationship. The pravider agrees to
accomplish these activities in accordance with the projected accornplishments attached and znade a fully
binding part of this Agreement, as locat�d in Appendix 1.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the follawing:
A. The Program shall serve eligible very-low and moderate-income persons living in Clearwater. The
Pravider shall certify that the activities cairied aut with funds provided under this Agreement will
meet one �r more of the CDSG program's National Objectives — 1) bene�t low to moderate incorne
persons, 2) aid in the preventian or elimination of slum and blight, 3) meet community
development needs having a particular urgency — as defined in 24 CFR 570.20$ and all applxcable
rules and regulations as contained in the federal HOME Investment Partnership and State of Florida
Sta.te Housing Initiatives Partnership (SHIP) programs.
B. The Pravider shall mainta.in in its file the documentaitian on 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 classification, head of
household, etluiicity, race and gender, or area beneiit data, as required.
G Th� Pravider shall maintain a citizen participation mechanisrr►, which will include, but not be
limited to the fallowing:
1. Logging citizen cornments or complaints when received.
2. Capies af camments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanatians of resolutions to complaints.
D. The Provider shall camply with Subpart c— Post Award Requirennents af the Office af
Management and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements :For
Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations", incorporated by reference into this Agreement.
E. Casts incurred under this program shall be in compliance with Federal Management Circular No.
A-122, "Cost Principles for Non-Profit Organizations", incarparated by reference into this
Agreement.
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F. The Frovider shall abide by tl�ase pravisions af 24 CFR Part 570 subpart J, when applicable,
incarporated by reference into this Agreement.
G. No expenditures or obligatians shall be incurred for the program prior to approval and release of
funds from the U.S. Department oF Hausing and Urban Development and/or the State of Florida.
Further, it is expressl� understood that in the event no furxds are released from the U.S. Department
of Housing and Urban Develapment and/ar the State of Florida in connection with this Pragram,
then the City is not liable for any claims under this contaract.
H. The Operating Agency hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operatians, it will comply with all requirements of Section Sp4
of the Rehabilitation Act of 1973 (29 USC 794) (and the implernenting regulations at 24 CFR 8),
the Americans with Disabilities Act of 1990 (Public Law (PL) 101-336), and all state and local
laws requiring physical and progra�m accessibility to people with disabilities, and agrees to
de%nd, hold harmless and indemnify the City fram and against any and all liability for any
nancampliance on the part of the Operating Agency. �'unds awarded under this Agreement rnay
be de-obligated should any of the �ollowin.g 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 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 completion deadlines;
(5) Materially fails to comply with any provision af 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 Agreernent for ineligible activities, services or items;
(7) Implements the project prior to notification from the City that the federal environmental
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.
I. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex.
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The Provider agrees that to the extent that it staffs the 1'rogram with personnel not presently
employed by said party, it will take affirmative action in attempting to employ low income persans
residing in the City of Clearwater, particularly minority graup members.
K. The Provider shall comply with the pravisians of 24 CFR 570.504 (c), "Program Income" and meet
the deiuution of program income defined in 24 CFR 570.500 which generally states that program
incame is gross income received by the recipient or a Subrecipient directly generated frorn the use
of CDBG funds. All program income generated through the use of Comrnunity Development Block
Grant, HOME Investment Partnership Program, and 5tate Housing Tnitiatives Partnership programs
shall be returned to the City within 45 days after receipt by the Subrecipient. In those instances
where the City allows the sub-recipient to retain prograrn income, these funds shall be expended for
CDBG eligible activities, previously approved by th� City in accardance with the projected
accoamplishments and budget descriptions attached to this Agreement. In addition, at the end af the
program year, the City may require remittance of all or part of any CDBG program income balances
(including investments thereo� held by the subrecipient (except those needed for irnrnediate 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 property acquired or improved
in whole or in part with CDBG funds in excess of $25,000 shall be:
(1) Used to meet one of the national abjectives in Section 24 CFR Part 570.20$ until five years
after expiration of the agreement, or fro such longer period of time as determined ta be
appropriate by the City; ar
(2) If not used as stated above, the provider sha11 pay t� City an amount equal to the current
rnarket value of the praperty less any portion of the value attributable to expenditures on
non-CDBG funds for the acquisition of or impravement to, the praperty. The payrnent shall
be cansidered program incorne.
A subrecipient receiving HOME funds must transfer to the City any HOME funds on hand at
the tirne of expiration of this Agreement and any accounts receivable attributable to the use of
HOME funds.
A subrecipient of SHIF funds recognizes that funds may revert to the City in accordance with
the provisions of the City's local housing assistar►ce plan.
M. The Fravider shall comply with First Amendment Church/State principles, as follows:
It will not discriminate against any emplayee or applicant for employrnent on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis af religian.
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2. It will not discriminate agaanst any person applying for public services an the basis of
religian and will not limit such services or give pr�ference to persons on the basis of
religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no �ther religious 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 no sectarian or religious symbals ar decarations.
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, minar repairs rnay made if such repairs are directly
xelated to the public services; are located in a structure used exclusively for non-religious
purposes; and constitute, in dollat' terms, only a minor portion of the CDBG expenditure for
the public services.
N. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG, HOME
and/or SHIP funds on hand at the time af expiratian and any accounts receivable attributable to the
use af CDBG, HOME and/or SHIP funds. The following restrictions and limitations apply ta any
real properiy under the Provider's control, which was acquired or improved in whole or in part with
CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to rneet one of the National
Objectives in the CDBG Regulations, 24 CFR Part 570.208 until iive years or such longer
period of tirne as determined appropriate by the City after expiration of the Agreement.
Land-banking is a prohibited activity under the City's programs.
2. If the real praperty is sold within the period of time specified above, the property rnust be
disposed of in a manner which results in the City being reimbwrsed in the amount of the current
fair market value of the praperty, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisitian of, or improvement ta, the property. 5uch reimbursement is
required.
O. The Provider agrees that when sponsoring a project financed in whale ar in part under this
Agreement, all notices, infarmational pamphlets, press releases, advertisements, descriptions of the
sponsorship of the project, research reports, ax�d similar public natices prepared and released by the
Provider shall include the statement:
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FUNDED BY
THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BL�CK GRANT,
HOME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAMS
In written materials, the words "CITY OF CLEARWATER COMM[TNITY DEVELOPMENT
SLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP FROGRAM FUNDS,
AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FUNDS
ADMINISTERED SY 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 of the Provider.
P. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The fi.ill carrect legal name of the party sha11 be identified.
2. The "Scope of Services" shall describe the activities to be performed.
Q. The Provider sha11 maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Community Development
Block Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited ta, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement, including matching
funds and program income.
2. Time sheets for split-funded employees wha work an mare than ane activity, in order to
recard the CDBG, HOME, and/or SHIF activity delivery cost by project and the nan-CDBG
related charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which
funding have been received, have been met. These also include special requirements such
as necessary and appropriate determinations, incorne certifications, and written agreements
with beneficiaries, where applicable.
R. The Provider is responsible for maintaining and storing all records pertinent ta this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of five (5) 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 recards will be maintained until all
litigation, claims or audit findings involving these records are resolved. The City shall be informed
in writing after closeout oi this Agreement, of the address where the records are ta be kept.
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SECTION III: OTHER CONTRACTUAL PROVISIONS
A. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for
less than eight households, the provider and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed
in whole or in part with assistance provided under this Agreement are subject to the federal labar
standards provisions which govern tk�e payrnent of wages and the ratio of apprentices and trainees
ta journey workers. Under the terms of the Davis-Bacon Act, as amended, the provider is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar construction in the lacality as determined by the Secretary of
Labor, and shall pay overtirne cornpensation in accordance with and subject to the pravisians of
the contract Work Hours and Safety Standards Act (40 USC 327-332), and the provider shall
comply with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided, that if wage rates are higher than thase required under the regulations are imposed by
State or lacal laws, nathing hereunder is intended to relieve the provider af its obligatian, if any,
to require payment of the higher rates.
B. Flood Disaster Protectian
This Agreement is subject to the requirements of the Flood Disaster Protectian Act of 1973 (PL
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 rnandatory purchase of
flaod insurance in accardance with the requirements of Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution ControiAct (AppCicabCe to Contracts and Subcontracts
Which Exceed $100,000
The provider shall comply with and require each subcontractor to comply with all applicable
standards of the Clean Air Act af 1970, (42 USC 7401 et seq.), as amended, the �'ederal Water
Pollution Control Act (33 USC 1251 et seq.), as amended, and the regulations of the
Environmental Protection Agency with respect thereto, at 40 CFR Part 32 as axnended from time
to time.
D. Provision of the Hatch Act
Neither the pravider pragram nor the funds provided therefore, nor the personnel employed in the
administration of the program shall be in any way or to any extent engaged in the conduct of
political activities in contravention af Chapter 15 af Title S, USC.
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E. Lead-Sased Paint
Any grants ar loans made by the provider far the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions for the
elimination af lead-based paint hazards under 24 CFR Part 35. Operating Agency will coxnply
with the requirements �f 24 CFR 570.608 for notification, inspection, testing, and abatement
procedures concerning lead-based paint. Such regulations require that all owners, prospective
owners, and tenants of properties constructed prior to 1978 be properly notified that such
properties may contain lead-based paint Such notification shall point out the hazards of lead-
based paint and explain the syxnptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisaning.
F. Special Assessments
Provider shall not attennpt to recaver any capital costs of public impravements assisted in whole
or in part with funds provided under Sectian ],05 af the Act (42 USC 5306) or with amounts
resulting from a guarantee under Section 1�$ (42 USC 53�8) of the Act by assessing any amount
against propetties owned and occupied by persons of low and moderate income, 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 fee
or assessment that relates to the capital costs af such public irnpz�avements that are financed from
revenue sources other than under Title 1 af the Act, or (2) for purposes of assessing any amount
against properties owned and occupied by persons of moderate income, the grantee certifies to
the Secretary af HLTD that lacks sufficient funds received under Section 106 of the Act to comply
with the requirements of subparagraph (1).
G. Acquisition, Rehabilitation, and DemoCitian of Real Property and Displacement of Persons
and Susinesses
Provider shall carnply with the "City of Clearwater, Housing Division, Community Development
Block Cirant Pragram Plan for Minimizing the llisplacement o� Persons As a Kesult or
Cornrnunity Develapment Black Grant Funded Activities" and "City of Clearwater, Housing
Division, Community Development Block Grant Program Residential Anti-displacement and
Relocatiox► Assistance Plan." Pravider shall conduct any acquisition, rehabilitation, or
demolition of real property, and any negotiations for acquisition, rehabilitation or demolition of
real property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing
regulations at 49CFR 24 and 24 CFR 570.G06. Unless specifically perrnitted, the provider shall
not cause either temporary or permanent involuntary displacement of persons or businesses. If
the provider causes the involuntary temporary or penna.nent displacement of any persan or
business as a result of Community Development Block Grant activities, it shall comply with the
City's "Plan to Assist Persons Actually Displaced by Community Development Block Grant
Activities," and Operating Agency shall provide all notices, advisory assistance, relocation
beneiits, and replacement dwelling units as required by the Uniform Relacation 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, ta pay, and to indemnify the City from and against, any and all claims and liabilities for
relocation benefits or the provision af replacement dwelling units required by federal statutes and
regulations in cannection with activities undertaken pursuant to this Agreement.
H. Lobbying Restrictions
Provider certifies that, to the best of its knowledge and belief:
Na Federal Appropriated funds have been paid or will be paid, by or on behalf af it, to any
person for influencing ax� officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Cangress in connection with the
awazding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the e�tension, cantinuation, renewal,
amendment, or modiiication of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid ar will be paid ta any person
far influencing ar atternpting ta influence an ofiicer or employee oi any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member af Cangress, in
connection with this Federal contract, grant loan or cooperative agreement, it will complete and
submit Standard Farm-LLL, "Discloswre Farm ta Repart 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 accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transactian was made or entered inta. Submission of this certiiication is a prerequisite for
making or entering into this transaction imposed by 31 USC 1352. Any person who £ails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 far each such failure.
SECTTUN IV: TERM OF AGREEMENT
This Agreement shall be deerned effective upan approval and release of 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 agreernent shall be frorn Octaber 1, 2011 to Septernber 30, 2012. The term may be
amended if both execute a written agreement.
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SECT�ON V: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of
such intent to terminate at least thirty (30) days prior to th� effective date of such termination.
B. This Agreement may be terminated in whole ar in part, for canvenience, 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 termination, the
actual portion to be terminated. However, if, in the case of a partial termination, the City
determines that the remaining partian af the Agreernent will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
C. The City may place the Provider ir► default of this Agreernent, 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 carnply and/ar perform in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reparts to the City, which are late, incorrect ar incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing ta any concerns raised by the City, including
substantiating dacuments when required/requested by the City.
e. Any evidence af fraud, mismanagement, and/or waste, as detertnined by the City's
monitoaring 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 natification sha11 include actians taken by the City, such as withhalding of payments,
actions to be taken by the Provider as a condition precedent to clearing the deficiency and a
reasanable date for camplianc�, which shall be no mare than fifteen (15) days from
notification date.
3. The City shall notify the Pravider in writing when sufficient cause is found for termination
of this Agreement. The Provider shall be given no more than fifteen (15) days in which t�
reply in writing, appealing the termination prior to final action being taken by the City.
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D. Let it be further understood that upon curtailment o�, or regulatory constraints placed on, the funds
of the U.S. Department of Housing and Urban Development and/or the State of Florxda, this
Agreement will terminate effective as of the time that it is determined such funds are no longer
available.
E. Costs of the Provider resulting fram obligations incurred during a suspension or after terminatian,
are not allowable unless the City expressly autharizes them in the notice of suspension or
termination ar subsequently. Other costs during suspension or after tern�ination which are
necessary and not reasonably avoidable are allowable if:
1. The costs result from abligations which were properly incurred before the effective date of
suspension or termination, aze not in anticipation of it, ar�d in the case of termination, are
noncancelable, and
2. The costs would be allawable i� the award were not suspended or expired normally at the
end of the Agreement in which the termination takes effect.
F. Upon termination af the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the
Provider.
SECTION VI: AMENDMENTS
Any alterations, variations, modificatians or waivers of this Agreement shall only be valid when they have
been reduced in writing and duly signed by both parties. Any changes, which do not substantially chax�ge
the scope of the project and/or the Praject Implern�ntation Schedule ar increase, the total amount payable
under this Agreement, shall be valid only when reduced to writing and signed by the City Administration
a►id 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, appraves such expenditure by executing a written
modification to the original Agreement.
SECTION VII: METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual
expenditures incurred sha11 be reserved in the amount of NINE THUUSAND SEVEN HUNDRED AND
THREE DOLLARS AND 00/l0U ($9,703.000).
The funds must be expended in accordance with the terms and conditions of the Agreement. Funds set
aside for this agency rnay increase or decrease, subject to production performance. Production will be
reviewed quarterly and will be based upon the goals the Provider established in their program
implementa.tion schedule. Any remaining balance of funds shall revert ta the City or ather approved
provider(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 monthlv requests for payment for actual expenditures (or no expenditures
during the month), including applicable back-up dacumenta.tion, no later than the tenth (lOth) day
of the succeeding month and the City will provide reimbursement, upon approval, within twenty
(20) working days after receipt of the same, and if all required dacumentatian is subrnitted with
request and if all documentation is correct.
B. The City agrees to pay the Frovider far expendittures incurred under this Agreement on an as needed
basis in accardance with the Budget and Froject Implementatian Schedule attached hereto and
made a part hereof as Appendix 1. Line item t�ansfers are allowable only within each component
and may not exceed in tkle aggregate fifteen percent (15%) of each line item without urior written
approval of the City. All changes amounting to more than fifteen percent (15%) require prior
written approval.
SECTION, VIII:__EQUAL EMPLOYMENT, OPPORTUNITY
During the performance of this cantract, the Operating Agency agrees as fallaws:
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 orientation, ancestry,
national origin, maurital status, familial status, or any other basis prohibited by applicable law.
The Operating Agency shall take affirmative action to ensuure that applicants are employed and
that employees are treated during employrnent without regard to their race, color, creed,
religion, sex age, handicap, disability, sexual orientation, ancestry, ar national origin. Such
action shall include, but not be limited to the following: Employment, upgrading, demotion or
trat�sfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training including apprenticeship. The Operating Agency
agrees to post in conspicuaus places, available to employees and applicants for emplayznent,
notices to be pravided setting forth the provisians of this nondiscrimination clause.
2. The Operating Agency will, in all solicitations or advertisements for emplayees placed by or on
behalf �f the operating Agency, state that all qualiiied applicants will receive consideratian for
employnnent 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 ather contract of understanding, a natice to be provided
advising the said labor union or warkers; representatives of the Operating Agency's
commitments under this section, and shall post copies af the notice in conspicuous places
available to employees and applicants for ernplayment.
4. The Operating Agency will comply\ with all provisions of Executive Order 11246, Equal
Employment opportunity, of September 24, 1965, as amend�d by Executive Orders 11478,
i�a
August 8, 1969 arid 12086, �ctober 5, 1978, copies of which are on fle and available at the City
and of the rules regulations, and relevant orders of the Secretazy of Labor.
5. The Operating Agency will furnish all information and reparts required by Executive Order
11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereta, and will permit access to its books, records, and accounts by HUD
and the Secretary of Labor for purpases of investigation ta ascertain compliance with such rules,
regulations, and orders.
fi. In the event of the Operating Agency's noncompliance with the nondiscrimination clauses af
this contract or with any of the said rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whale or in part and the Operating Agency may be declared
ineligible for further Government contracts or federally assisted constructian contracts in
accordance with procedures authorized in Executive Order 11246 af September 24, 1965, as
amended, and such other sanctions may be impased and remedies in.voked as provided in
Executive order 11245 of September 24, 1965, as amended, or as otherwise provided by law.
7. The Operating Agency will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in �very subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant ta
Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractar ar vendor. The Operating Agency will take
such action with respect to any subcontract or purchase order as HUD may direct as a means of
enforcing such pravisions, including sanctions for noncompliance; pravided, however, that in
the event an Operating Agency becarnes inv�lved in, or is threatened with, litigation with a
subcontractor or vendar as a result of such direction by HUD, the Operating Agency may
request the United States to enter into such litigatian to protect the interests of the United States.
A. Equal Opportunity in Participation
The Yrovider shall adhere to the regulations established in the Housing and Cammunity Development
Act of 1974, and in conformance with City palicy and all requirements imposed by or pursuant to the
Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursua.nt ta Section 109, no person in
the United States shall on the ground 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 be excluded fram participation in, be denied the benefits of, ar be subjected to
discrimination under, and program or activity funded in whale or in part with Community Development
Block Grant Program funds.
B. Specific (not exclusive) Discrimfnatory Actions Prohibited:
The Frovider may not directly or through contractual ar other arrangements, on the ground of race, calar,
creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age handicap,
disability, sex ar any other basis prohibited by applicable law:
13
(1) Deny any facilities, services, �nancial aid, or other beneiits provided under the program
or activity.
(2) Provide any facilities, services, financial aid, or other benefits, which are different or are
provided in a different form from that provided to others under the program or activity.
(3) Subject ta segregated or separate treatment in any facility, or in any mater or process
related to receipt of any service or benefit under the program or activity.
(4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by
others in connection with facilities, services, �nancial aid or other benefits under the
program or activity.
(5) Treat an individual differently from others in determining whether the individual satisfies
any admission, enrallment, eligibility, rnernbership, ar ather requirernents or canditinn
which the individual must meet in order to be provided any facilities, services, or other
benefit provided under the program or activity.
(6) Deny any person with the legal right to work an opportunity to participate in a program or
activity as an employee.
C. Business and EnzpCoyment Opportunities for Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Susiness Enterprises
The Provider shall conform with the rules and regulations set forth under Sectian 3 of the Housing and
Urban Developrnent Act of 1968, (12 USC 1701u), as amended, and the HUD regulations issued
pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible, opportunities
for training and employment be given ta lower income residents of the praject a.rea, and contracts for
work in connection with the praject be awarded to business cancerns which are located in, or owned 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 af the workfozce, n�eds and plans for
possible training and ernployment af lower income persons. When an Operating Agency utilizes the
bidding procedure to let a bid, the invitation ar solicitatian far bids shall advise prospective contractors
af the requirements of Section 3 of the Housing and Urban Development Act of 19G$, as amended, and
the clause shall be inserted as a component part of any cantract ar subcontract. Please see Appendix 3.
If an Operating Agency solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-awrxed and wamen-owned business enterprises for a response to the solicitation or
invitation for bidders.
D. Nandiscrimination in Federally Assisted Programs
The Frovider shall cornply with Title VI of the Civil Rights Act of 1964 (PL $8-352, 42 USC 2000d et
seq.) and the Fair Housing Act (42 USC 3G01 19, 31). In acc�rdance 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
contain a covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex hazadicap,
disability, sexual orientatian, ancestry, natianal origin, marital status, or familiar status, in the sale, lease
or rental, or in the use or occupancy of such land ar any irnprovements erected or to be erected thereon.
The Provider will comply with Title VIIT of the Civil Rights Act of 1968 (PL 90-284, 42 USC 3601 et
seq.) as amended and will administer all pragrams and activities related to housing and community
development in a manner to affirmatively further fair housing.
SECTION IX: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises an.y fiznctians or
responsibilities in conxiection with Community Development Block Grant Program, HOME Investment
Partnership Program and State Housing Initiatives Program funded activities, has any personal financial
interests, direct or indirect, in this Agreernent. The Provider covenants that in the perfarmance of this
Agreement, no persan having such canflicting interest shall be employed. The Provider covenants that it
will comply with a11 provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes gaverning
conflicts af interest. The Pravider shall disclose, in writing, to the City any possible conflicting interest or
apparent impropriety that is covered by the above provisians. This disclasure shall occur immediately
upon knawledge of such possible conflict. The City will then render an opinion, which shall be binding on
both parties.
SECTION X: INDEMNIFICATI�N AND INSURANCE
The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and
causes of action, which may arise aut af the Agreement. The Provider sha11 pay all claims arid lasses of
any nature whatsoever in connection therewith and shall defend or pay to defend all suits brought against
the City, when requested, and shall pay a11 costs and judgments which may be issued tb.ereon.
Automobile and vehicle caverage shall be requir�d when the use af automabiles and ather vehicles are
involved in any way in the performance of the Agreement.
The Frovider shall submit to the City an ORIGINAL Certificate of Insurance.
All liability insurance coverage shall be approved by the City priar ta the release of any funds under this
Agreement. Generally, the amaunt of coverage necessary would be at a minimum af $30�,000. Further, in
the event evidence of the required insurance is not forwarded to the City within thirty (30) days after the
execution af 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 contract.
SECTION XI: REPORTING AND EVALUATION REQUTREMENTS
Maintaining credibility for the community development effart rests heavily on the ability to praduce an
impact in low/moderate income areas, through progress in accomplishing scheduled activities. An
effective method for maintaining project progress agai�nst a previously establish�d schedul� is thraugh
15
praject evaluation and reporting, which will consist of bath written reports and staff discussions on a
regular basis. The Provider also assures prompt and efficient subrnission of the following:
A. Monthlv Reports - 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 ort is due re ardless if an funds
have been ex ended. Contents of the Monthly Report, attached hereto and made a part hereoi as
Appendix 2, shall include but not necessarily be limited to the following:
1. The "Financial Report & Implementation Summary" Form, which shall include the r�quest
for payment and documentation, as applicable.
2. The "Program Activity Repart"
3. The "Request for Reimbursement" Form
�. Instructions for Appendix 2 Forms
E. Final Evaluation - Within thirty (30) days of contract completion, a final report documenting how
the Statutory National Objective and the eligibility requirements were met, must be subrnitted by
the Frovider to the City's Hausing Division for review and approval. The contents of it shall
include a cumulative tatal af the data submitted during the pragrarn's aperatian. Further, such
report shall include statistical findin�s, which depict program efficiency; i.e., the number of dollars
spent, including nan-CDBG funding sources, ta render actual service ta program recipients, and an
overall evaluation of the program's effectiveness, and quantitative results. The final report will be
evaluated a�td the Provider will be n�tified if additianal data is necessary ar that the praject/activity
is considered "closed-out".
C. Other Re ortin Re uirements may be required by the City in the event of program ckianges, n.eed
for additional information or dacumenta.tion 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 cause ta suspend CDBG, HOME, and
SHIP payments to the Provider.
SECTION XII: AUDIT AND INSPECTI�NS
At any time during normal business hours and as often as City and/or Federal Government representatives
may deem necessary, there shall be made available to representatives of the City and/ar the Federal
Government an opportunity to review, inspect or audit all records, documentation, and any other data
relating to all matters covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal
year. The submitted audit sha11 include any management letters and agency responses to the management
letters. The audit sha11 be performed in accordance with OMB Circular A-110 Attachment F, OMB
[L�
Circular A-133. If this Agreement is closed�out prior to the reeeipt of an audit repart, the City reserves the
right to recover any disallowed casts idezttified in an audit after such closeout.
SECTION XIII: REVERSION OF ASSETS
The Provider shall transfer to the City any CDBG, HOME or SHIP funds on hand (including program
income) or any accounts receivable attributable to th� use of CDBG, HOME or SHIP funds should the
agency close its doars. The Pravider shall also transfer to the City any real property in the Pravider'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 af the national objectives in Section 570.208 until five yeazs after the expiration of
this agreement, or for such longer period af 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 amaunt equal to the current to the current
market value of the property less any portion of the value attributable ta expenditures of non-CDBG,
HOME or SHIP funds for the acquisition of or irnprovernent to, the property.
SECTION XIV:_COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIUNS
The Provider agrees to comply with all applicable federal regulations as they may apply ta program
adaxainistration. Additionally, th� Provider will comply with all state and locallaws and ardinances 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 for compensation originated from grants of federal Comrnunity Development Block Grant Funds,
HOME Investment Partnership Program Funds and State Hausing Initiatives Partnership Funds, and must
be implerr►ented in full compliance with all of HUD's and the State of Flarida rules ar�d regulations.
It is expressly understood and agreed that in the event of curtailment or non-productian of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensatian 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 determination, the Provider agrees that it will nat laok ta, nor seek to hold liable, the
City or auny individual member of the City Commission thereof persanally for the performance of this
Agreement and all of the parties hereto shall be released frorn further liability each to the other under the
terms of this Agreement.
17
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly
authorized officials an the day and date first above indicat�d.
Countersigned:
,
A� /' �
v
Frank V. Hibbard
Mayor
Continued:
Approved as to form:
�
Laura Mahony
Assistant City Attarney, TT
INTERCULTURAL ADVOCACY
INSTI TE
gy ,
Soard re ent
l�
Date
ATTEST:
i
Date
CITY OF CLEARWATER, FLORIDA
By: �. �
illiam B. Harne, II
City Manager
Attest:
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Rosernazie Call, MFA CMC �r `� ���
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City Clerk �
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APPENDIX 1
Provider's Program Budget
Intercultural Advocacy Institute FY 11-12
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APPENDIX 1
Provider's Program Implementa#ion Schedule
Intercultural Advocacy Ins#itute FY 11-12
Planned Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Implem�ntation
5teps
APPENDIX 3
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause ta be incorporated inta atiy contract for
construction work, or modi�ication thereof, as defined in the regulations of the Secretary oi Labor at 41
CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrawed on the credit af the Federal Government pursuant to the grant, contract, loan insurance, or
guazantee, or undertak�n pursuant to any Federal pragram involving such grant, contract, loan, insurance,
or guarantee, the following Equal Opportunity clause:
During the performance of this cantract, the contractor agrees as fallows:
(1) The contractor will nat discriminate against any emplayee or applicant for ernplayment because of
race, calar, religion, sex, or natianal origin. The contractor will take affirmative action ta ensure
tlxat applicants are ernployed, and that employees are treated during employment without regard to
their race, colar, religion, sex, or natianal origin. Such action shall include, but not be limited to the
follawing: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or ternvnation; rates of pay or other forms of compensation; and selection of training,
including apprenticeship. The contractor agrees to post in a conspicuous place, available to
empl�yees and applicants for employment, notices to be provided setting farth the provision of this
nondiscrimination clause.
(2) The contractar will, in all salicitations or advertisements for employees placed by ar behalf of the
contractor, will state that all qualiiied applicants will receive consideration for employment without
regard to race, color, relzgion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreernent ar ather contract or understanding, a notice to be provided advising
the said labor union ar workers' representative of the contractar's commitments under this section,
and shall post copies of the notice in conspicuous plac�s available to employees and applicants for
employment.
(�l) The contractor will camply with a11 provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulatians, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all infarmation and reports required by Executive Qrder 11246 of
Septem.ber 24, 1965, and by rules, regulatians, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accaunts by the administering agency and
the Secretary of Labor far purposes of investigatian to ascertain compliance with such niles,
regulations, and orders.
(6) In the event of the contractor's non-campliance with the nan-discriminativn clauses of this contract
or with any of the said rules, regulations, ar orders, this contract may be canceled, terminated, or
suspended in whale or in part and the contractor may be decla�'ed ineligible for fizrther government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secr�tary of
Labor, or as atherwise provided by law.
(7) The contractar wi.11 include the portion of the sentence immediately preceding paragraph (�), and
the pravisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or arders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 1124G af September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcantract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for nan-compliance provided, however, that in the event a contractor becomes
involved in or is threatetted with, litigatian with a subcontractor or vendor as a result of such
direction by the adrninistering agency, the contractor may request the United States to enter into
such litigation to protect the interest of the United States.
The applicant furth�r agrees that it will be bound by the above Equal Opportunity clause with respect to its
own employment practices when it participates in federally assisted construction work: pravided that, if the
applicant so participating is a State ar local gavemment, 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
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal
Opportunity clause and the rules, regulatiar►s, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they rnay require for the
supervisian of such compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary respansibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or cantract modifcation
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demanstrated eligibilxty for, government contracts and federally assisted construction cantracts pursuant to
the Executive Order and will carxy out such sanctions and penalties for violativn of the equal oppartuniry
clause as rnay be imposed upon contractars and subcontractars by the administering agency af 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 comply with these undertakings, the administering agency rnay take any or all of the
following actions: cancel, terminate, suspend in whole or in part this grant (contract, loan, insuxance
guazantee); refrain from extending any further assistance to the applicant u.nder the program with respect ta
which the failure or refund occurred until satisfactory assurance of future compliance has been received
from such applicant; and refer the case to the Department of Justice far appropriate legal proceedings.
�a
I�I �i 17 �1:7� 1Q.� �L�II li C�7����i1•[i��
A. The work ta be performed under this cantract is on a project assisted under a program providing
direct Federal financial assistance from the Department of Housing and Urban Develapment and is
subject ta the r�quirements af Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701u. Section 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 camply with the provisian of said Section 3 and the regulations
�ssued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR
135, and all applicable rules and orders of the Department issued there under prior ta the execution
af this contract. The parties to this contract certify and agree that they are w�der no contz�actual or
other disability, which wauld prevent them fro�n complying with these requirements.
C. The contractor will send ta �ach labor organization or representative of workers with which he has
a collective bargaining agreement or other contract or und�rstanding, if any, a notice advising the
said labor organization of workers' r�presentative af his coznmitments under this Section 3 Clause
and shall post copies of the notice in conspicuous places available to emplayees 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 tlne directian of the applicant for or recipient of Federal financial assistance,
take appropriate action pursuant ta the subcontract upan a finding that the subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban Developrnent, 24 CFR 13S
The contractor will not subcantract witki any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR 135, and will not let any
subcontract unless the subcontractor has first provided it with a preliminary statement �f ability to
cornply with th� requirements oi these regulations.
E. Compliance with the pravisions of Sectian 3, the regulations set farth in 24 CFR 135, and all
applicable rules and orders of the Departrnent issued hereunder prior to the execution af the
contract, shall be a canditian of the federal financial assistance pravided to the project, binding
upon the applicaa�t 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
successors, and assigns to those sanctions speciiied by the grant or loan agreement or contract
through which Federal assistat�ce is provided, and to such sanctions as are speci�ed by 24 CFR
135.
3