SUBRECIPIENT AGREEMENT TO PROVIDE FUNDS FOR OPERATING SUPPORT TO AGENCY
'06 FEB 1? PM1:2:3
CITY OF CLEARWATER, FLORIDA
AND
YOUNG WOMEN'S CHRISTIAN ASSOCIATION (YWCA) OF TAMPA BAY
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT as entered into on this 1 st day of October 2005, 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 Young Women's Christian
Association (YWCA) of Tampa Bay, hereinafter referred to as the "Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and
Urban Development (HUD) for the purpose of conducting a Housing and Community Development
Program with federal financial assistance under Title I of the Housing and Community Development Act of
1974, as amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act
of 1990; and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and
Urban Development for the purpose of conducting the HOME mvestment Partnership Program (HOME)
with federal assistance under Title IT (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National
Affordable Housing Act of 1990, as amended; and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of
conducting the State Housing illitiatives Partnership (SHIP) Program with State of Florida assistance under
the William E. Sadowski Housing Act (Section 420.907 - .9079 Florida Statutes, Rule 67-37, Florida
Administrative Code) which was signed into law on July 7, 1992; and
WHEREAS, the City has determined through its Fiscal Year 2005-2006 Consolidated Action Plan,
which was adopted on August 4, 2005, the necessity for providing funding for operating expenses to an
outreach center for low to moderate income families in Clearwater; and
WHEREAS, the City desires to engage the Provider to render certain services in connection
therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
The Provider agrees to provide funds for operating support to agency, all in accordance with the projected
accomplishments attached and made a fully binding part of this Agreement, as Appendix 1, as follows:
Funding for operating expense to the YWCA/City of Clearwater Hispanic Outreach Center at 612
Franklin Street, Clearwater. Ope.rating expenses shall include salary and benefits and other expenses
associated with administering the agency's outreach efforts. The center provides interpreter and victim
advocacy service, youth development program for girls, bilingual child development services, nutrition
and health outreach and information classes.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible very-low and moderate-income persons living in Clearwater. The
Provider shall certify that the activities carried out with funds provided under this Agreement will
meet one or more of the CDBG program's National Objectives -1) benefit low to moderate income
persons, 2) aid in the prevention or elimination of slum and blight, 3) meet commuriity
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 of Florida
State Housing Initiatives Partnership (SHIP) programs.
B. The Provider shall maintain in its file the documentation on which basis it determines that the
project benefits low and moderate-income persons, minorities and residents of Clearwater. Such
records shall include, but not be limited to profiles identifying financial classification, head of
household, ethnicity, race and gender, or area benefit data, as required.
C. The Provider shall maintain a citizen participation mechanism, which will include, but not be
limited to the following:
1 Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of resolutions to complaints.
D. The Provider shall comply with Subpart c - Post Award Requirements of the Office of
Management and Budget (OMB) Circular No. A-llO, "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. Costs incurred under this program shall be in compliance with Federal Management Circular No.
A-122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this
Agreement.
F. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated 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 Development and/or the State of Florida.
Further, it is expressly understood that in the event no funds are released from the U.S. Department
of 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 contract.
H. The Operating Agency hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of Section 504
of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8),
the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local laws requiring
physical and program accessibility to people with disabilities, and agrees to defend, hold
harmless and indemnify the City from and against any and allliability for any noncompliance on
the part of the Operating Agency.
(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 of this Agreement (which may result in
suspension or termination in accordance with 24 CRF 85.43 or OMB Circular A-II0,
Attachment L);
(6) 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 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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J. The Provider agrees that to the extent that it staffs the Program with personnel not presently.
employed by said party, it yvill take affirmative action in attempting to employ low income persons
residing in the City of Clearwater, particularly minority group members.
K. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income" and meet
the definition of program income defined in 24 CFR 570.500 which generally states that program
income is gross income received by the recipient or a subrecipient directly generated from the use
of CDBG funds. All program income generated through the use of Community Development Block
Grant, HOME Investment Partnership Program, and State Housing hritiatives Partnership programs
shall be returned to the City within 45 days after receipt by the subrecipient. ill those instances
where the City allows the sub-recipient to retain program income, these funds shall be expended for
CDBG eligible activities, previously approved by the City in accordance with the projected
accomplishments and budget descriptions attached to this Agreement.
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 fundsin excess of$25,000 shall be:
(1) Used to meet one of the national objectives in Section 570.208 until five years after
expiration of the agreement, or fro such longer period of time as determined to be
appropriate by the City; or
(2) If not used as stated above, the provider shall pay to City an amount equal to the current
market value of the property less any portion of the value attributable to expenditures on
non-CDBG funds for the acquisition of or improvement to, the property. The payment shall
be considered program income.
M. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
N. The Provider shall comply with First Amendment 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 employment or give preference in employment to persons on the
basis of religion.
2. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no other religious influence in the
provision of such public services.
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4. The portion of a facility used to provide public services assisted in whole or in part under
this Agreement sha.11 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 made if such repairs are directly
related to the public services; are located in a structure used exclusively for non-religious
purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for
the public services.
O. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG, HOME
and/or SHIP funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG, HOME and/or SHIP funds. The following restrictions and limitations apply to any
real property 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 meet one of the National
Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of
time as determined appropriate by the City after expiration of the Agreement. Land-
banking is a prohibited activity under the City's programs.
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which. results in the City being 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 to, the property. Such
reimbursement is required.
p, The Provider agrees that when sponsoring a project fmanced in whole or in part under this
Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the
sponsorship of the project, research reports, and similar public notices prepared and released by the
Provider shall include the statement:
FUNDED BY
THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT P ARTNERSIDP, 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 INITITATIVES PARTNERSHIP PROGRAM FUNDS
ADMINISTERED BY THE HOUSING DIVISION OF THE CITY OF CLEARWATER -
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT" shall appear in the same
size letters or type as the name of the Provider.
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Q. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
R. The Provider shall maintain sufficient records in accordance with 24 CPR 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 to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently . and properly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement, including matching
funds and program income.
2. Time sheets for split-funded employees who work on more than one activity, in order 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 the eligibility requirement(s) under which
funding have been received, have been met. These also include special requirements such
as necessary and appropriate determinations, income certifications, and written agreements
with beneficiaries, where applicable.
S. 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 three (3)
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 period, the records will be maintained
until all litigation, claims or audit findings involving these records are resolved. The City shall be
informed in writing after closeout of this Agreement, of the address where the records are to be
kept.
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 labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to journey workers. Under the terms of the Davis-Bacon Act, as amended, the provider is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of
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Labor, and shall pay overtime compensation in accordance with and subject to the provisions of
the contract Work Hours ~d 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 those required under the regulations are imposed by
State or local laws, nothing hereunder is intended to relieve the provider of its obligation, if any,
to require payment of the higher rates.
B. Flood Disaster Protection
This Agreement is subject to the requirements ofthe Flood Disaster Protection Act of 1973 (PL
93-234). Use of any assistance provided under this Agreement for acquisition or construction in
an area identified as having special flood hazards shall be subject to the mandatory purchase of
flood insurance in accordance with the requirements of Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts
Which Exceed $100,000
The provider shall comply with and require each subcontractor to comply with all applicable
standards ofthe Clean Air Act of 1970 (42 USC 1857 et seq.) as amended, the Clean Air Act of
1990, the Federal 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 15, as
amended from time to time.
D. Provision of the Hatch Act
Neither the provider program nor the funds provided therefore, nor the personnel employed in the
administration of the program shall be in any way or to any extent engaged in the conduct of
political activities in contravention of Chapter 15 of Title 5, United States Code.
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 made subject to the provisions for the
elimination oflead-based paint hazards under 24 CFR Part 35. Operating Agency will comply
with the requirements of24 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 1ead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
F. Special Assessments
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Provider shall not attempt to recover any capital costs of public improvements assisted in whole
or in part with funds provi.ded under Section 106 of the Act or with amounts resulting from a
guarantee under Section 108 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 made
as condition of obtaining 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 of such public improvements that are financed from revenue sources other than
under Title 1 of the Act, or (2) for purposes of assessing any amount against properties owned
and occupied 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, Rehabilitation, and Demolition of Real Property and Displacement of Persons
and Businesses
Provider shall comply with the "City of Clearwater, Housing Division, Community Development
Block Grant Program Plan for Minimizing the Displacement of Persons As a Result of
Community Development Block Grant Funded Activities" and "City of Clearwater, Housing
Division, Community Development Block 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, 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 570.606. Unless specifically permitted, the provider shall
not cause either temporary or permanent involuntary displacement of persons or businesses. If
the provider causes the involuntary temporary or permanent displacement of any person or
business as a result of Community Development Block Grant activities, it shall comply with the
City's "Plan to Assist Persons Actually Displaced by Community Development Block Grant
Activities," and Operating Agency shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the
implementing regulations at 49 CFR 24 and 24 CFR 570.606. The Provider hereby agrees to
defend, to pay, and to indemnify the City from and against, any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal statutes and
regulations in connection with activities undertaken pursuant to this Agreement.
H. Lobbing Restrictions
Provider certifies that, to the best of its knowledge 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 employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
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liany funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempti.ng to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress, in
connection with this Federal contract, grant loan or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
It will require that the language of this paragraph L be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352 Title 31, United States Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 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 of
Housing and Urban Development and/or the State of Florida and being duly executed by both parties,
whichever is later.
The term of this agreement shall be from October 1, 2005 to September 30, 2006. The term may be
amended ifboth execute a written agreement.
SECTION V: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of
such intent to terminate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree
upon the termination conditions. A written notification shall be required and shall include the
following: reason for the termination, the effective date, and in the case of a partial termination, the
actual portion to be terminated. However, if, in the case of a partial termination, the City
determines that the remaining portion of the Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
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a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or r<:<gUlation.
b. Submitting reports 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 wnting 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 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 notification shall include actions taken by the City, such as withholding of payments,
actions to be taken by the Provider as a condition precedent to clearing the deficiency and a
reasonable date for compliance, which shall be no more than fifteen (15) days from
notification date.
3. The City shall notify the Provider 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 to
reply in writing, appealing the termination prior to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds
of the U.S. Department of Housing and Urban Development and/or the State of Florida, this
Agreement will terminate effective as of the time that it is determined such funds are no longer
available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after termination,
are not allowable unless the City expressly authorizes them in the notice of suspension or
termination or subsequently. Other costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired normally at the
end of the Agreement in which the termination takes effect.
F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the
Provider.
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SECTION VI: AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have
been reduced in writing and duly signed by both parties. Any changes, which do not substantially change
the scope of the project and/or the Project Implementation Schedule or increase, the total amount payable
under this Agreement, shall be valid only when reduced to writing and signed by the City Administration
and the Provider.
The City shall not reimburse the Provider for outlays in excess of the funded 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 understood and agreed that the total compensation to be paid hereunder for actual
expenditures incurred shall be reserved in the amount of TWELVE THOUSAND DOLLARS ($12,000)
for operating expense to the YWCA/City of Clearwater Hispanic Outreach Center.
The funds must be expended in accordance with the terms and conditions of the Agreement. Funds set
aside for this agency may increase or decrease, subject to production performance. Production 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
provider(s). Such compensation shall be paid in accordance with the projected accomplishments and
budget descriptions attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual expenditures, including
applicable back-up documentation, no later than the tenth (10th) day of the succeeding month and
the City will provide reimbursement, upon approval, within ten (10) working days after receipt of
the same, if submitted by the deadline data for inclusion on the draw down request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on an as needed
basis in accordance with the Budget and Project Implementation Schedule attached hereto and
made a part hereof as Appendix 1. Line item transfers are allowable only within each component
and may not exceed in the aggregate fifteen percent (15%) of each line item without prior written
approval of the CitY.. All changes amounting to more than fifteen percent (15%) require prior
written approval.
SECTION VIII: EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Operating Agency agrees as follows:
1. The Operating Agency shall not discriminate against any employee 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 action to ensure that applicants are employed and
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that employees are treated during employment without regard to their race, color, creed,
religion, sex age, handicap, disability, sexual orientation, ancestry, 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 of payor other forms
of compensation, and selection for training including apprenticeship. The Operating Agency
agrees to post.in conspicuous places, available to employees 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 operating Agency, state that all qualified applicants will receive consideration for
employment without regard to race, color creed religion, sex age, handicap, disability, sexual
orientation, ancestry, national origin, marital status, or any other basis prohibited 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 section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Operating Agency will comply\ with all provisions of Executive Order 11246, Equal
Employment opportunity, of September 24, 1965, as amended by Executive Orders 11373 and
12086, copies of which are on file and available at the City and ofthe rules regulations, and
relevant orders of the Secretary of Labor.
5. The Operating Agency will furnish all information and reports required by Executive Order
11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD
and the Secretary of Labor for purposes of 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 of the said rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Operating Agency may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked as provided in
Executive order 11246 of September 24, 1965, as amended, or as otherwise provided by law.
7. The Operating Agency will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The Operating Agency will take
such action with respect to any subcontract or purchase order as HUD may direct as a means of
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enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event an Operating Agency becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the Operating Agency may
request the United States to enter into such litigation to protect the interests of the United States.
A. Equal Opportunity in Participation
Development Act of 1974, and in conformance with City policy and all requirements imposed by or
pursuant to the Regulations ofHUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109,
no person in the United States shall on the ground of race, color creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry national origin, marital status, familial status, or any other basis
prohibited by applicable law be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under, and program or activity funded in whole or in part with Community
Development Block Grant Program funds.
B. Specific (not exclusive) Discriminatory Actions Prohibited:
The Provider may not directly or through contractual or other arrangements, on the ground of race, color,
creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age handicap,
disability, sex or any other basis prohibited by applicable law:
(1) Deny any facilities, services, fmancial aid, or other benefits provided under the program
or activity.
(2) Provide any facilities, services, financial aid, or other benefits, which are different or are
provided in a different form from that provided to others under the program or activity.
(3) Subject to 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, financial aid or other benefits under the
program or activity.
(5) Treat an individual differently from others in determining whether the individual satisfies
any admission, enrollment, eligibility, membership, or other requirements or condition
which the individual must meet in order to be provided any facilities, services, or other
benefit provided under the program or activity.
(6) Deny any person with the legal right to work an opportunity to participate in a program or
activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Business Enterprises
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The Provider shall conform with the rules and regulations set forth under Section 3 of the Housing and
Urban Development Act of 1968,.(12 USC 1701 u), 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 to lower income residents of the proj ect 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. In all solicitations for bids, the contractor
must, before signing the contract, provide a preliminary statement of the workforce, needs and plans for
possible training and employment of lower income persons. When an Operating Agency utilizes the
bidding procedure to let a bid, the invitation or solicitation for bids shall advise prospective contractors
of the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and
the clause shall be inserted as a component part of any contract or subcontract. Please see Appendix 4.
If an Operating Agency solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation or
invitation for bidders.
D. Nondiscrimination in Federally Assisted Programs
The Provider shall comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d et
seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with City policy and Title VI of the
Civil Rights Act of 1964(PL 88-352), in the sale, lease of other transfer of land acquired, leased or
improved with assistance provided under this Agreement, the deed or lease for such transfer shall
contain a covenant prohibiting discrimination 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 or any improvements erected or to be erected thereon.
The Provider will comply with Title VIII ofthe Civil Rights Act of 1968 (PL 90-284) as amended and
will administer all programs and activities related to housing and community development in a manner
to affirmatively further fair housing.
SECTION IX: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with 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 Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it
will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing
conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or
apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately
upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on
both parties.
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SECTION X: INDEMNIFICATION 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 out of the Agreement. The Provider shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend or pay to defend all suits brought against
the City, when requested, and shall pay all costs and judgments which may be issued thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are
involved in any way in the performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All liability insurance coverage shall be approved by the City's Risk Management Office prior to the
release of any funds under this Agreement. Generally, the amount of coverage necessary would be at a
minimum of $300,000.
Further, in the event evidence of the required insurance is not forwarded to the Risk Management Office
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 contract.
SECTION XI: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an
impact in low/moderate income areas, through progress in accomplishing scheduled activities. An
effective method for maintaining project progress against a previously established schedule is through
project evaluation and reporting, which will consist of both written reports and staff discussions on a
regular basis. The Provider also assures prompt and efficient submission of the following:
A. Monthlv Reports - are due no later than the tenth (10th) day of the succeeding month and shall
include the request for payment when applicable. Contents of the Monthly Report, attached hereto
and made a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Form
2. The Financial Summary Form, which shall include the request for payment and
documentation, as applicable.
3. The Client Profile Form
B. Final Evaluation - Within twenty (20) days of contract completion, a final report documenting
how the Statutory National Objective and the eligibility requirements were met, must be submitted
by the Provider to the City's Housing Division for review and approval. The contents of it shall
include a cumulative total of 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
15
spent, including non-CDBG funding sources, to render actual service to program recipients, and an
overall evaluation of the p.rogram's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity
is considered "closed-out".
C. Other ReportinJ! Requirements may be required by the City in the event of program changes, need
for additional information or documentation and/or legislation amendments. The Provider shall be
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 to suspend CDBG, HOME, and
SHIP payments to the Provider.
SECTION XII: AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government representatives
may deem necessary, there shall be made available to representatives of the City and/or the Federal
Government an opportunity to review, inspect or audit all records, documentation, and any other data
relating to all matters covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal
year. The submitted audit shall include any management letters and agency responses to the management
letters. The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB
Circular A-133 or OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt
of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such
closeout.
SECTION XIII: REVERSION OF ASSETS
The Provider shall transfer to the City any CDBG, HOME or SHIP funds on hand (including program
income) or any accounts receivable attributable to the use of CDBG, HOME or SHIP funds should the
agency close its doors. The Provider shall also transfer to the City any real property in the Provider's
control that was acquired or improved in whole or in part of with CDBG, HOME or SHIP funds, unless it
is used to (1) meet one of the national objectives in Section 570.208 until five years. after the expiration of
this agreement, or for such longer period of time as determined to be appropriate by the recipient; or (2) if
not used for eligible activity, 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 attributable to expenditures of non-CDBG,
HOME or 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 to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
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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 Community Development Block Grant Funds,
HOME Investment Partnership Program Funds and State Housing Initiatives Partnership Funds, and must
be implemented in full compliance with all ofHUD's and the State of Florida rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will 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 not look to, nor seek to hold liable, the
City or any individual member of the City Commission thereof personally for the performance of this
Agreement and all of the parties hereto shall be released from further liability each to the other under the
terms of this Agreement.
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IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and.date first above indicated.
YOUNG WOMEN'S CHRISTIAN
ASSOCIATION (YWCA) OF TAMPA BAY
Date
ATTEST:
~ ~. ",7"olA"~
Secretary
tas- IS- U1;7/J
Date I
Countersigned:
CITY OF CLEARWATER, FLORIDA
~~~
Frn'llk V. Hibbard
Mayor-Councilmember
By:
~13. ~
William B. Home, IT
City Manager
Continued:
Approved as to form:
<- K b<-J) )J I/---
~D.RUff~
Assistant City Attorney
Attest:
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APPENDIX 1
Provider's Program Budget
Loan Processing
Fees
Amount as
per Housing
Pool
Underwriting
Guidelines, as
amended
Private Conventional
First Mortgage Loans
APPENDIX 1
Provider's Program Implementation Schedule
Processing of
Down Payment &
Closing Cost
x
x
x
x
x
x
x
x
x
x
x
x
I _ ___
2