FY 2002 EDI-SPECIAL PROJECT NO. B-02-SP-FL-0129 - GRANT AGREEMENT
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Assistance Award/Amendment
U.S. Department of Housing
and Urban Development
Office of Administration
1> Assistance Instrument
o Cooperative Agreement
3. Instrument Number
r2J Grant
4. Amendment Number
6. Control Number
B-02-SP-FL-0129
7. Name anI:! Al:!l:!ress of Recipient
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
TIN: 59-6000-289
8a. Name of Al:!ministrator
8b. Telephone Number
10. Recipient Project Manager
Ralph Stone (727)-562-4075
11. Assistance Arrangement 12. Payment Method
o Cost Reimbursement 0 Treasury Check Reimbursement
o Cost Sharing 0 Advance Check
/:8] Fixed Price rgJ Automated Clearinghouse
14. Assistance Amount 15. HUD Accounting andAppropriation Data
15a. Appropriation Number 15b. Reservation number
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Total Instrument Amount $490,000.00 TotalObli ation $490,000.00
9. HUD Government Technical Representative
Herbert Mallette (202) 708-1686 ext. 4885
13. HUD Payment Office
Chief Finance Officer
Description
This EDI Special Project will be used for the Beach by Design Initiative.
This award consists of the following items which are appended to and hereby made part of this Award:
(A) Cover Page- HUD Form 1044
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(8) Grant Agreement
SPECIAL CONDITIONS:
Please contact Mr. Jack Johnson, CPO Division Director, HUD-Florida State Office at (305) 536..4431 ext.2223
concerning environmental review. NO FUNDS may be drawn down prior to environmental release of funds approval.
17. r2J Recipient is required to sign and return three (3) copies
of this document to the HUD Administerin Office
19. Recipient (By N )
Garr Br mbac
18.0 Recipient is not required to sign this document
20. HUD (By name)
Stella Hall
Date (mm/l:!d/yyyy)
&all
Date (mm/dd/yyyy)
Manager
12/06/02
i/3/P3
form H U 0-1 044 (8/90)
FY 2002 EDI-SPECIAL PROJECT NO. B-02-SP-FL-0129
GRANT AGREEMENT
This Grant Agreement between the Department of Housing and Urban
Development ("HUD") and the City of Clearwater, Florida (the "Grantee") is
made pursuant to the authority of Public Law 107-73 (the FY 2002 Appropriations
Act for HUD and other agencies) and House Report 107-272 (the Conference
Report on the Appropriations Act). The Grantee's application package, as may be
amended by the provisions of this Grant Agreement, is hereby incorporated into
this Agreement.
In reliance upon and in consideration of the mutual representations and
obligations hereunder, Hun and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant
funds in the amount of $490,000.00 available to the Grantee.
The Grantee agrees to abide by the following:
ARTICLE I. HUD Requirements.
The Grantee agrees to comply with the following requirements for which
HUD has enforcement responsibility.
A. The grant funds will only be used for activities described in the application,
which is incorporated by reference and made part of this Agreement asmay
be modified by Article VII (A) of this Grant Agreement.
B. EQUAL OPPORTUNITY REQUIREMENTS
The grant funds must be made available in accordance with the following:
1. For projects involving housing, the requirements of the Fair Housing
Act (42 U.S.c. 3601-20) and implementing regulations at 24 CFR
Part 100; Executive Order 11063 (Equal Opportunity in Housing)
and implementing regulations at 24 CFR Part 107.
2. The requirements of Title VI of the Civil Rights Act of 1964
(42 U.S.c. 2000d) (Nondiscrimination in Federally Assisted
Programs) and implementing regulations issued at 24 CFR Part 1.
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3. The prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42 U.S.c. 6101-07) and
implementing regulations at 24 CFR Part 146, and the prohibitions
against discrimination against handicapped individuals under section
504 of the Rehabilitation Act of 1973 (29 U.S.c. 794) and
implementing regulations at 24 CFR Part 8.
4. The requirements of 24 CFR 5.105(a) regarding equal opportunity
as well as the requirements of Executive Order 11246 (Equal
Employment Opportunity) and the implementing regulations issued
at 41 CFR Chapter 60.
5. For those grants funding construction covered by 24 CFR 135, the
requirements of section 3 of the Housing and Urban Development
Act of 1968, (12 U.S.c. 1701u) which requires that economic
opportunities generated by certain HUD [mancial assistance shall,
to the greatest extent feasible, be given to low- and very low-income
persons and to businesses that provide economic opportunities for
these persons.
6. The requirements of Executive Orders 11625 and 12432
(concerning Minority Business Enterprise), and 12138
(concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, the Grantee must make
efforts to encourage the use of minority and women's business
enterprises in connection with grant funded activities. See 24 CFR
Part 85.36(e) , which describes actions to be taken by the Grantee to
assure that minority business enterprises and women business
enterprises are used when possible in the procurement of property
and services.
7. Where applicable, Grantee shall maintain records of its efforts to
comply with the requirements cited in Paragraphs 5 and 6 above.
C. The Grantee agrees to assume all of the responsibilities for environmental
review and decision making and actions, as specified and required in
regulations issued by the Secretary pursuant to the Multifamily Housing
Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.
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D. Administrative requirements ofOMB Circular A-133 ,"Audits of States,
Local governments and Non-Profit Organizations."
E. For State and Local Governments, the Administrative requirements of
24 CFR Part 85, including the procurement requirements of 24 CFR Part
85.36, and the requirements of OMB Circular A-87 regarding Cost
Principles for State and Local Governments. For Non-Profits, the
Administrative requirements of 24 CFR Part 84, including the procurement
requirements of24 CFR Part 84.40, and OMB Circular A-122 regarding
Cost Principles for Non-Profit Institutions. For Institutions of Higher
Education the applicable OMB Circular regarding Cost Principles is A-21.
F. The regulations at 24 CFR Part 87, related to lobbying, including the
requirement that the Grantee obtain certifications and disclosures from
all covered persons.
G. Restrictions on participation by ineligible, debarred or suspended persons
or entities as described in Executive Order 12549 and at CFR 24 Part
5.105(c).
H. The Uniform Relocation Act as implemented by regulations at 49 CFR
PaIt 24.
I. The Grantee will comply with all accessibility requirements under section
504 of the Rehabilitation Act of 1973 (29 U.S.c. 794) and implementing
regulations at 24 CFR Part 8, where applicable.
ARTICLE II. Conditions Precedent to Draw Down.
The Grantee may not draw down grant funds until the following actions have taken
place:
A. The Grantee and HUD have executed a contract.
B. The Grantee has received and approved any certifications and disclosures
required by 24 CFR 87.100 concerning lobbying and by 24 CFR 24.510(b)
regarding ineligibility, suspension and debarment.
C. Any other preconditions listed in Article VII (C) of this Grant Agreement.
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ARTICLE III. Draw Downs.
A. A request by the Grantee to draw down grant funds under the Voice
Response Access system or any other payment system constitutes a
representation by the Grantee that it and all participating parties are
complying with the terms of this Grant Agreement.
B. The Grantee will be paid on an advance basis provided that the Grantee
minimizes the time elapsing between transfer of the grant funds and
disbursement for project purposes and otherwise follows the requirements
of 24 CFR Part 85 and Treasury Circular 1075 (31 CFR Part 205).
C. Before the Grant Agreement is signed, the Grantee may incur cost for
activities which are exempt from environmental review under 24 CFR
Part 58 and may charge the costs to the grant.
ARTICLE IV. Progress Reports.
The Grantee shall submit to the Grant Officer a progress report every six
months after the effective date of the Grant Agreement. Progress reports shall
include reports on both performance and fmancial progress and shall conform with
24 CFR 85.40 and 85.41 or 24 CFR Sections 84.50 through 84.53, as applicable.
Additional information required or increased frequency of reporting as may be
described in Article VII ( C ).
A. The performance reports must contain the information required under 24
CFR Part 85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a
comparison of actual accomplishment to the objectives indicated in the
approved application, the reasons for slippage if established objectives were
not met, and additional pertinent information including explanation of
significant cost overruns.
B. Financial reports shall be submitted on Standard Form 269A and a
breakdown in costs similar to the line items in the application budget.
C. No grant payments will be approved for projects with overdue progress
reports.
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ARTICLE V. Project Close-out.
A. The Grantee shall initiate project close-out within 30 days of project
completion by submitting to HUD the Financial Status Report.
(Form 269A). Grantee shall indicate in Block 12 of SF 269A: "Ready to
initiate project close-out." HUD will then send close-out documents to the
Grantee. At HUD' s option, the Grantee may delay initiation of project
close-out until the resolution of any HUD monitoring fmdings. If HUD
exercises this option the Grantee must promptly resolve the findings.
B. The Grantee recognizes that the close-out process may entail a review by
HUD to determine compliance with the Grant Agreement by the Grantee
and all participating parties. The Grantee agrees to cooperate with any
review in any way possible, including making available records requested
by HUD and the project for on-site HUD inspection.
C. Within 90 days of project completion, the Grantee shall provide to HUD
the following documentation., in the format approved by HUD.
1. A Certification of Project Completion (provided by HUD).
2. A Grant Close-out Agreement (provided by HUD).
3. A fmal fmancial report giving the amount and types of project costs
charged to the grant (that meet the allowability and allocability
requirements ofOMB Circular A-I22 or A-87 as applicable,
including the "necessary and reasonable" standard); a certification of
the costs; and the amounts and sources of other project funds.
4. A fmal performance report providing a comparison of actual
accomplishments with each of the project commitments and
objectives in the approved application, the reasons for slippage
if established objectives were not met and additional pertinent
information including explanation of significant cost overruns.
D. The Grantee agrees that the grant funds are allowable only to the extent that
the project costs, meeting the standard of OMB Circular A-I22, A-87 or
A-2I as applicable, equal the grant amount plus other sources of project
funds provided.
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E. When HUD has determined that the grant funds are allowable,
the activities were completed as described by the Grant Agreement,
and all Federal requirements were satisfied, HUD and the Grantee
will sign the Close-out Agreement.
ARTICLE VI. Default.
A default under this Grant Agreement shall consist of using grant funds for
a purpose other than as authorized by this Agreement, any noncompliance with
. legislative, regulatOlY, or other requirements applicable to the Agreement, any
other material breach of this Agreement, or any material misrepresentation in the
application submissions.
ARTICLE VII. Additional Provisions.
A. Project Description. The project is as described in the application with the
following changes: NONE
B. Changes or Clarification to the Application Related to 'participating Parties:
NONE
C. Special Conditions: The grantee shall carry out such environmental review
procedures as are recommended by Jack Johnson, CPD Division Director!
Environmental Officer, HUD Florida State Office, Miami, FL, telephone number
(305) 536-4431 ext. 2223 prior to HUD's release of grant funds.
U.S. Department of Housing and
~. n velopmen~.
. 'l1J t, /1
Au orized SIgnature
Grant Officer
Title
_A Ac.t:jn.H.~- City Manager
Title
Date
'(3(03
. 12/06/02
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Date
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