COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENTCOMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AGREEMENT BETWEEN THE
CITY OF CLEARWATER, FLORIDA AND THE KIMBERLY HOME, INC.
THIS CDBG AGREEMENT (hereinafter the "Agreement ") is made and entered into by
and between the City of Clearwater, a Florida municipal corporation, with a principal address of
112 South Osceola Avenue, Clearwater, Florida 33756, (hereinafter referred to as the "City "), and
The Kimberly Home, Inc., a Florida non - profit corporation, with a principal address of 1189 N.E.
Cleveland Street, Clearwater, Florida 33755 (hereinafter referred to as "The Kimberly Home, Inc." or
''Subrecipient ").
WITNESSETH:
WHEREAS, the Community Development Block Grant Program ( "CDBG ") is administered
by the United States Department of Housing and Urban Development ( "HUD ");
WHEREAS, the City is an entitlement community that receives CDBG funds awarded under
the Housing and Community Development Act of 1974, in furtherance of its goal of promoting
community development and improvement of public facilities, as further detailed in the Consolidated
Plan for Housing and Community Development Programs 2016 -2020;
WHEREAS, The Kimberly Home, Inc. is a private non - profit corporation that provides pre
and post natal counseling, childcare services, parenting and life skill education, adoption services,
transitional housing and material assistance for young women, children and families;
WHEREAS, The Kimberly Home, Inc. submitted a proposal to utilize $99.200.00 in FY
2016 -2017 CDBG funds to enable The Kimberly Home, Inc. to demolish an existing structure, grade
the property and pave for additional parking on the Kimberly Home campus;
WHEREAS, these services are an eligible activity under the CDBG program in accordance
with 24 CFR §570.201(e). It is a limited clientele activity and meets a national objective as required
under 24 CFR §570.200(a)(2) and 24 CFR §570.208(a)(2);
WHEREAS, The Kimberly Home, Inc. has available the necessary qualified personnel,
facilities, materials and supplies to perform such services and /or carry out such programs for these
residents, who are eligible and qualified to receive said services and are within the income limits for
low- and moderate- income persons as defined by HUD and adjusted annually, and which current
income levels are attached hereto as Exhibit "A" and incorporated herein by reference.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and for other good and valuable consideration, the sufficiency and receipt whereof being
hereby acknowledged, the City and The Kimberly Home, Inc. agree as follows:
SECTION l: SCOPE OF SERVICES AND USE OF FUNDS
1. Recitals. The recitals set forth above are true and correct and are incorporated herein and
made a part of this Agreement.
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2. N ational Objectives and Use. Subrecipient certifies that the activities carried out with the
funds provided under this Agreement will meet the CDBG program national objective of benefiting
low- and moderate- income persons as required under 24 CFR §570.200(a)(2) and 24 CFR
§570.208(a)(2).
3. The Grant. Under the terms and conditions of this Agreement, the City has allocated a
subaward to Subrecipient in the amount of NINETY NINE THOUSAND TWO HUNDRED
DOLLARS AND 00 /100 ($99,200.00) in FY 2016 -2017 CDBG funds towards the project, as
defined below. Pursuant to 2 CFR §200.331, the required subaward information is attached as
Exhibit "B ". Any funds remaining unexpended or not disbursed to The Kimberly Home, Inc. by the
City as of the termination date of this Agreement may be deobligated from this Agreement and made
available for other City projects as determined by the City.
4. Statement of Work/Program and Project Description. Subrecipient administers and
provides pre and post natal counseling, childcare services, parenting and life skill education, adoption
services, transitional housing and material assistance for young women, children and families. The
subrecipient will demolish an existing structure, grade the property and pave for additional parking
that will provide services to City of Clearwater residents and also low- to moderate- income,
according to HUD income guidelines attached hereto as Exhibit "A" (hereinafter referred to as the
"Project "). Additional requirements for the Project are attached hereto as Exhibit "C" and made a
part hereof by this reference. The Budget for this Project is attached as Exhibit "D" and made a part
hereof by this reference.
5. Goals and Performance Measures: Implementation Schedule. Subrecipient agrees to
work diligently towards the completion of the Project and complete the Project by September 30,
2017. By April 1, 2017, at least 50% of the grant award shall have been requested. If less than 50%
of the funds have been expended, the City will review Subrecipient's progress and its inability to
meet this 50% grant expenditure rate as a performance indicator and it will factor into the City's
determination of non - compliance. HUD requires the City to timely spend its CDBG funds.
Therefore, it is critical that Subrecipient complies with these time deadlines. Time is of the essence.
Subrecipient's failure to work diligently toward timely completing the Project and incidents of non-
performance may result in conditions being placed on the grant funds, suspension of grant funds, or the
City may cease disbursing funds pursuant to this Agreement so that the City can reallocate the funds for other
uses or projects.
6. Performance Monitoring. The City will monitor Subrecipient's performance against
goal and performance standards and compliance with the terms of this Agreement as required herein.
Further monitoring requirements are set forth in Section 2 herein. Substandard performance as
determined by the City will constitute non - compliance with this Agreement. If action to correct such
substandard performance is not taken by Subrecipient within thirty (30) days after being notified by
the City, the City will terminate this Agreement and all funding will end. Subrecipient must return
any CDBG funds within 5 days of the Economic Development and Housing Department Director's
or Assistant Director's written request.
7. Expenditure of Funds/Budget. Subrecipient shall use the grant proceeds for eligible
expenses permitted under the CDBG regulations as set forth in 24 CFR part 570 and in accordance
with the Budget attached hereto as Exhibit "D" and made a part hereof by this reference. Any
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changes in budget line items, including additions, must be requested in writing and must be approved
in writing by the Economic Development and Housing Department Director or Assistant Director
before related expenditures can be undertaken. Subrecipient shall be responsible for any cost
overruns above the grant amount of $99,200.00. Subrecipient shall not use any CDBG funds for
prohibited activities as set forth in 24 CFR §570.207. Notwithstanding anything to the contrary in
this Agreement, the City also reserves the right to request and approve documentation supporting any
requests for reimbursement to verify the reasonableness and validity of such costs and said Budget
may be modified by the City accordingly. Subrecipient acknowledges and agrees that any funds not
used in accordance with permitted CDBG regulations and the Budget must be repaid to the City.
8. Term. This Agreement shall be in effect for the period commencing October 1, 2016 and
terminating on September 30, 2017. Costs may not be incurred after September 30, 2017.
Notwithstanding anything herein to the contrary, Subrecipient's obligations to the City shall not end
until all close -out requirements are completed, including, but not limited to, such things as making
final payments, disposing of program assets, and retention of records. Also, notwithstanding the
foregoing, the term of this Agreement and the provisions herein shall be extended to cover any
additional time period during which Subrecipient remains in control of CDBG funds or other assets,
including Program Income or for any HUD audits requiring repayment of any funds unlawfully spent
under this Agreement.
SECTION 2: ADMINISTRATIVE REQUIREMENTS
1. Applicable Laws and Regulations. Subrecipient shall comply with the requirements
of the Housing and Community Development Act of 1974, as amended, all CDBG program
requirements, 24 CFR Part 570, and other laws and regulations and regulatory guidance governing
the use of these funds, whether set forth herein or not, and any amendments or policy revisions
thereto which shall become effective during the term of this Agreement. It is Subrecipient's
responsibility to read, understand, and comply with these laws and regulations. In addition,
Subrecipient shall abide by any and all other applicable federal or state laws, rules, regulations, HUD
guidance, and policies governing the funds provided under this Agreement, whether presently
existing or hereafter promulgated. Subrecipient shall also comply with all other applicable federal,
state or local laws, statutes, ordinances, rules and regulations.
2 Uniform Administrative Requirements and Cost Principles. Subrecipient shall
comply with the uniform administrative requirements specified at 24 CFR §570.502 and §570.610.
Subrecipient also agrees to comply with the provisions of the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements set forth in 2 CFR part 200 and adopted by HUD at 2 CFR
part 2400. Although 2 CFR part 200 addresses many requirements, some of the items it addresses
includes, but is not limited to, standards for financial and program management, property and
procurement standards, performance and financial monitoring and reporting, subrecipient monitoring
and management, record retention and access, remedies for noncompliance, FFATA, and closeout.
Subrecipient is aware and acknowledges that 2 CFR part 200 and 2 CFR part 2400 are recent
regulatory changes to the administrative requirements and HUD is in the process of developing
guidance on their specific requirements. Although this may change the administrative requirements
set forth herein, Subrecipient will comply with whatever guidance HUD requires. Subrecipient also
agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, maintain necessary source documentation for all costs incurred, and submit an
indirect cost allocation plan, if such plan is required. Subrecipient also agrees to comply with the
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Program Requirements set forth in Exhibit "E" which is attached hereto and incorporated herein by
this reference.
3. Procurement /Subcontracting /Third Party Contracts. If Subrecipient hires
contractors, Subrecipient shall procure all material, property, or services in accordance with state and
local requirements and the requirements of 2 CFR §200.318- §200.326. Third parties may be
procured for a variety of services. Subrecipient shall insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair, full, and open competition basis in
accordance with applicable procurement requirements and secure at least three (3) price quotes or
bids, as applicable. Subrecipient shall incorporate in any and all bid documents and contracts with
third parties the provisions required in 2 CFR §200.326 including, but not limited to, provisions
which will obligate each of its subcontractors to comply with all notices pertaining to HUD
guidelines such as bidding procedures, Davis Bacon, Equal Employment Opportunity requirements,
Section 3 requirements, all affirmative action laws, nondiscrimination requirements, anti- kickback
requirements, federal labor standard provisions, and lobbying prohibitions issued by various federal
agencies applicable to the CDBG program. Subrecipient shall not enter into any subcontract with any
entity, agency or individual in the performance of this Agreement without the written consent and
approval of the City's Economic Development and Housing Department prior to execution of the
agreement or contract. Subrecipient agrees to furnish to the Economic Development and Housing
Department a copy of each third party contract it enters into an agreement with for the performance
of work to be undertaken within the scope of this Agreement along with documentation concerning
the selection process. The lowest and most responsive bidder shall be recommended by Subrecipient
to the City's Economic Development and Housing Department. Subrecipient shall require and
monitor compliance by all contractors, subcontractors and other third parties. Subrecipient will
monitor all subcontracted services on a regular basis to assure contract compliance. Results of
monitoring efforts shall be summarized in the monthly report. The City shall not be obligated or
liable hereunder to any party Subrecipient enters into agreements with for the Project.
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4. Records to be Maintained_Subrecipient shall maintain all records required by 2 CFR
part 200, 24 CFR §570.506, and 24 CFR §570.502 regarding records that must be maintained for the
Project. Such records shall include but are not limited to:
a.) Records providing a full description of each activity undertaken and its CDBG eligibility,
including its location, and the amount of CDBG funds budgeted, obligated, and expended
for the activity;
b.) Records demonstrating that each activity undertaken meets one of the national objectives
of the CDBG program (i.e. the criteria set forth in 24 CFR §570.208); to support activities
by a limited clientele, Subrecipient must obtain data showing the family size and annual
income of each person receiving the benefit and that at least 51% of those served are low -
and moderate - income persons;
c.) Records required to determine the eligibility of activities;
d.) Records for each activity carried out for the purpose of providing or improving services
and programs which is determined to benefit low- and moderate - income persons
including the total cost of the activity, including both CDBG and non -CDBG funds and
the size and income and eligibility of each person or household;
e.) Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
f.) Records which demonstrate compliance with the requirements in 24 CFR §570.505
regarding any change of use of real property acquired or improved with CDBG
assistance;
g.) Records that demonstrate compliance with citizen participation requirements;
h.) Records which demonstrate compliance with requirements in 24 CFR §570.606 regarding
acquisition, displacement, relocation, and replacement housing;
i.) Records documenting compliance with all Fair Housing and Equal Opportunity
regulations;
j.) Financial records that document all transactions and that can be properly documented and
audited, as required by 24 CFR §570.502 and 2 CFR part 200;
k.) Records and agreements related to lump sum disbursements to private financial
institutions for financing rehabilitation as prescribed in 24 CFR §570.513;
1.) Other records necessary to document compliance with Subpart K of 24 CFR part 570;
m.) Copies of all bid documents, bids received, Requests for Proposals, Requests for
Qualifications, and any other procurement documents;
n.) Copies of all third party or subcontracts; and
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o.) Detailed records of Subrecipient's organization, financial and administrative systems, and
the specific CDBG- funded project or activities.
Please note that the above descriptions are brief and provide only a summary of the records
Subrecipient is required to maintain. Subrecipient agrees to consult 2 CFR part 200 and 24 CFR
§570.506 for a detailed description of the required records.
5. Retention of Records. All records must be accurate, complete and orderly.
Subrecipient shall retain all accounting records, financial records, statistical records, supporting
documents, source documentation to support how CDBG funds were expended, and all other
documents pertinent to the Project and this Agreement in accordance with the requirements of 2 CFR
part 200 as modified by 24 CFR §570.502, plus a five (5) year retention period. This retention period
begins on the date of the submission of the City's Annual Performance and Evaluation Report
(CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final
time.
Notwithstanding the above, 2 CFR §200.333 states that Subrecipient may need to keep the
records for longer if they fall into one of the following exceptions: if any records are the subject of any
litigation, claim, or audit that started before the expiration of the five (5) year period, then such records
must be kept until such litigation, claims, or audit findings have been resolved, completed and final
action taken; records for any displaced person must be kept for five (5) years after he /she has received
final payment; records for any real property and any equipment acquired with these funds shall be
retained for five (5) years after final disposition; if Subrecipient is notified by the City, HUD, its
cognizant agency for audit, its oversight agency for audit, its cognizant agency for indirect costs, or the
City to extend the retention period; records for program income after the period of performance; and
indirect cost rate proposals and cost allocation plans.
6. Monitoring and Inspections /Access to Records. Subrecipient shall monitor the
progress of the Project covered by this Agreement and shall submit appropriate reports to the City. The
City shall monitor Subrecipient's performance and financial and programmatic compliance.
Subrecipient shall allow on -site monitoring of the Subrecipient's facility and this Project on as frequent
a basis as the City deems necessary and at any other time that may be required by HUD to determine
compliance with CDBG regulations and this Agreement. Subrecipient shall also furnish and cause
each of its own subcontractors, if any, to furnish all information and reports required hereunder and
will permit access to its books, records and accounts by the City, HUD, or any other authorized official
or designee for purposes of investigation to ascertain compliance with the rules, regulations, and
provisions stated herein.
All files, records, and documents, including financial statements and data, shall be made
available for review to the City's Economic Development and Housing Department, any auditors, the
City's Office of Internal Audit, Comptroller General, HUD, the Inspector General, and /or any of their
authorized representatives, who shall have access to and the right to audit, examine, inspect, make
transcripts or excerpts of any of the above records, documents, or papers related to the Project or to
meet any HUD requirements during normal business hours and any other reasonable time requested.
This right also includes timely and reasonable access to Subrecipient's personnel for the purpose of
interviewing and discussion related to said documents. This same right to review and access will be
imposed upon any third party or subcontractor and it is Subrecipient's responsibility to ensure that
any contract entered into with third parties contain all necessary clauses and language required by
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the City and /or HUD to ensure compliance with this Agreement and with all federal, state, and local
laws and regulations. This section shall survive termination of this Agreement.
7. Audits and Financial Statements.
(a) Subrecipient shall comply with 2 CFR part 200 Subpart F — Audits. In accordance with
2 CFR §200.510, Subrecipient shall prepare financial statements and a schedule of expenditures of
federal awards. Subrecipient shall provide the City with its annual financial statement within ninety
(90) days of the end of its operating year. This financial statement shall be prepared by an actively
licensed public accountant.
(b) In addition, if expending more than $750,000 of Federal awards during an operating
year, Subrecipient shall comply with the audit provisions contained in 2 CFR subpart F and the Single
Audit Act Amendments of 1996 (31 U.S.C. § §7501- 7507). Audits shall be conducted annually.
Subrecipient shall submit its annual audit to the City and within one hundred twenty (120) days of the
end of Subrecipient's fiscal year. Subrecipient must clear any deficiencies noted in the audit reports
within 30 days after receipt of any noted deficiencies. In the event the audit shows that the entire funds
disbursed hereunder, or any portion thereof, were not expended in accordance with the conditions of
this Agreement, Subrecipient shall be held liable for reimbursement to the City of all funds not
expended in accordance with those regulations and Agreement provisions within thirty (30) days after
City has notified Subrecipient of such non - compliance. Any reimbursement by Subrecipient shall not
preclude the City from taking any other action or pursuing other remedies. Failure to comply with
these audit requirements constitutes a violation of the Agreement and may result in the withholding of
future payments. If Subrecipient expends less than $750,000 in federal awards during its fiscal year,
they are exempt from this requirement, except as noted in 2 CFR §200.503, but records must be
available for review or audit by appropriate officials of HUD, the City, or GAO.
(c) Subrecipient also agrees to allow the City's Internal Audit Department, or any of the
City's other departments or representatives, to conduct any audits or financial monitoring the City
feels necessary at any time during the term of this Agreement or pursuant to any HUD request.
8. Program Income. Subrecipient shall report all Program Income, as defined and
required at 24 CFR §570.500 and 24 CFR §570.504, in a monthly report to the City's Economic
Development and Housing Department. Documentation of the receipt of Program Income, such as
supporting schedules identifying the project and the source of income, must be submitted to the City
within five (5) days of its receipt. At the end of the program year or upon expiration or earlier
termination of this Agreement, Subrecipient shall transfer all CDBG Program Income to the City
within five (5) days of the expiration or termination of this Agreement. If Subrecipient receives any
Program Income after this Agreement expires or is terminated, Subrecipient shall immediately remit
said Program Income balances to the City as required in 24 CFR §570.503(c) within five (5) days of
receipt. If applicable, Subrecipient shall file reports of Program Income as set forth in the below
section entitled "Reports ".
9. Reports. Subrecipient shall file reports in accordance with the Reporting Schedule
attached as Exhibit "F ". Subrecipient shall provide the City's Economic Development and Housing
Department with monthly, quarterly, and annual reports concerning the progress made on the Project,
in the form attached hereto as Exhibit "G ". The report shall include the following information: (1)
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name and address of each client served; (2) narrative statement of the services provided to each
client; selection of any contractors, utilization of MBE /WBE's, and (3) such other information as
may be considered appropriate by the City, such as client data demonstrating client eligibility
including, but not limited to, ethnicity, race, gender, age, head of household, income level, or other
basis for determining eligibility. Subrecipient shall also submit the demographic information as to
gender and race and income on the Report attached as Exhibit "G ". Subrecipient shall also file a
Personnel Activity Report for personnel activities including but not limited to duties performed and
time allocated in the form attached hereto as Exhibit "G -1 ", or on such forms provided by the City.
Subrecipient shall also file and report on such other information as may be considered appropriate
by the City. The monthly report shall be due on the 10th of each month for activities conducted during
the preceding month. The quarterly reports are due the 10th day of the month following the end of the
quarter for March, July, September, and December. Annual reports are due by October 15, 2017 for
activities conducted during the preceding year (Example: October 1, 2016 — September 30, 2017).
10. Reversion of Assets. The reversion of assets and use and disposition of real property
and equipment under this Agreement shall be in compliance with the requirements of 2 CFR
§200.311 and §200.313, 24 CFR §570.502, §570.503, §570.504, and §570.505, as applicable, which
include but is not limited to the following:
1. Subrecipient shall transfer to the City any CDBG funds or Program Income on hand at
the time of expiration or termination of this Agreement and any accounts receivable attributable to
the use of CDBG funds as required by 24 CFR §570.503 (b)(7); and
2. If this Agreement involves real property under Subrecipient's control that was acquired
or improved, in whole or in part, with CDBG funds in excess of $25,000, then the real property:
a) shall continue for a period of five (5) years following the expiration of this Agreement to
be used to meet one of the CDBG national objectives cited in 24 CFR §570.208; or
b) if Subrecipient fails to use the property in accordance with paragraph (a) above,
Subrecipient shall pay the City an amount equal to the current fair market value of the property less
any portion of the value attributable to expenditures of non -CDBG funds for the acquisition or
improvement to the property. The payment shall be considered Program Income to the City.
11. Indirect Costs. If applicable and requested by the City, Subrecipient shall develop an
indirect cost allocation plan in accordance with 2 CFR part 200 for determining the appropriate share
of administrative costs and shall submit such plan to the City for approval in a form specified by the
City. This indirect cost allocation plan must be submitted before any funds will be disbursed under
this Agreement.
12. Payment Procedures /Reimbursement of Funds. This is a cost reimbursement
agreement. Reimbursement of funds under this Agreement may be requested only for necessary,
reasonable, and allowable costs described in the Budget, attached hereto as Exhibit "D" and for
which Subrecipient has made payment. Upon compliance with the terms of this Agreement, the City
will reimburse funds only after completion of the work and after receipt and approval by appropriate
City personnel of the "Request for Payment" form (to be printed on Subrecipient's letterhead)
attached hereto as Exhibit "H ". Requests for Payment shall be submitted no more frequently than
once a month and shall be in accordance with the Budget specifying the services performed and
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expenses incurred. Upon compliance with the terms of this Agreement, the City will reimburse funds
to Subrecipient for the Project after the completion of the work has been verified and approved by
the Economic Development and Housing Department and after receipt and approval by appropriate
City personnel of a "Request for Payment" which shall be in accordance with the Budget specifying
the expenses incurred. All Requests for Payment must be accompanied by adequate billing
documentation of payment for eligible expenses (i.e. invoices, costs, receipts, bills from vendors,
copies of checks, lien waivers, affidavits, applications, certifications, time sheets) and other
supporting documentation the City may request. Requests for Payment shall include adequate
documentation of expenditures and all other information described in Exhibits "E - G ", attached
hereto and incorporated herein by reference. No interest shall be earned on grant proceeds. All
Requests for Payment submitted to the City must be signed by an authorized signatory of
Subrecipient and certified in accordance with 2 CFR §200.415. Notwithstanding anything to the
contrary in this Agreement, the City also reserves the right to request and approve documentation
supporting any Requests for Payment to verify the reasonableness and validity of such costs and such
Budget may be modified by the City accordingly.
Notwithstanding anything herein to the contrary, Subrecipient shall not request payment
from the City under this Agreement for any portion which has been paid from another source of
revenue and further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
13. Withholding Payments. The City's obligation to reimburse Subrecipient is
conditioned on Subrecipient's full compliance with this Agreement. A breach of this Agreement is
grounds for non - payment by the City.
SECTION 3: DISPLACEMENT, RELOCATION, ACQUISITION, AND
REPLACEMENT OF HOUSING
1. Displacement, Relocation. Acquisition and Replacement of Housing. In accordance
with 24 CFR §570.606, Subrecipient shall take all reasonable steps to minimize the displacement of
persons as a result of activities funded under this Agreement. Any persons displaced shall be
provided with relocation assistance to the extent permitted and required under applicable regulations.
Subrecipient shall comply with 1) the Uniform Relocation Assistance and Real Property Acquisitions
Policies Act of 1970, as amended (URA), and the implementing regulations at 49 CFR Part 24 and
24 CFR §570.606(b); 2) the requirements of 24 CFR §570.606(c) governing the Residential Anti -
displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community
Development Act; and 3) the requirements in 24 CFR §570.606(d) governing relocation policies
established by the City. Subrecipient shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by said regulations, rules, and documents.
Subrecipient shall provide relocation assistance to persons (families, individuals, businesses
nonprofit organizations and farms) that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion of a CDBG assisted project. Subrecipient shall comply with 24 CFR
§570.606 and shall keep all records demonstrating compliance with these requirements including, but
not limited to, those records required in 24 CFR §570.506.
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SECTION 4: PERSONNEL AND PARTICIPANT CONDITIONS
1. Non - Discrimination. Subrecipient shall at all times comply with sections 104(b), 107
and 109 of the Housing and Community Development Act of 1974, as amended, and 42 U.S.C.
§5309,et. seq., 24 CFR §570.602 and 24 CFR Part 6. In accordance with Section 109 of the Housing
and Community Development Act of 1974, no person in the United States shall on the ground of race,
color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under, any program or activity funded in whole or in part with CDBG
funds. Subrecipient shall also comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d,
et seq.) (Non- discrimination in Federally- assisted Programs) and implementing regulations in 24 CFR
Part 1. Title VI provides that no person in the United Sates shall on the grounds of race, color or
national origin be excluded from participation in, be denied benefits of, or be subject to discrimination
under any program or activity receiving federal financial assistance. HUD's Title VI regulations
specify types of prohibited discrimination. Subrecipient must not, for example, based on race, color, or
national origin deny a person housing or services; provide different housing or services than those
provided others; subject a person to segregation or separate treatment in the receipt of housing or
services; use different admission or eligibility requirements for housing or services; or select a housing
site or location with the purpose or effect of excluding or denying benefits to persons in protected
classes.
Subrecipient shall also not discriminate on the basis of age under the Age Discrimination Act
of 1975 (42 U.S.C. §6101, et. seq.) and the implementing regulations contained in 24 CFR Part 146,
or on the basis of disability as provided in Section 504 of the Rehabilitation Act of 1973,. and the
implementing regulations contained in 24 CFR Part 8. Any contracts entered into by Subrecipient
shall include a provision for compliance with these regulations. Subrecipient shall keep records and
documentation demonstrating compliance with these regulations.
2. Equal Employment Opportunity. Subrecipient shall comply with 24 CFR §570.607,
Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (Equal
Employment Opportunity Programs), and Executive Order 13279 (Equal Protection of the Laws for
Faith Based Community Organizations) and the implementing regulations in 41 CFR Part 60, and the
provisions of the Equal Employment Opportunity Clause attached hereto as Exhibit "I ", and made a
part hereof by this reference. Any contracts or subcontracts entered into by Subrecipient or its
contractors shall also require compliance with these regulations and will, in all solicitations or
advertisements for employees state that Subrecipient is an Equal Opportunity /Affirmative Action
employer and attach this clause. Subrecipient shall keep records and documentation demonstrating
compliance with these regulations.
3. Handicapped Accessibility Requirements. Subrecipient shall comply with the
Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151- 4157), the Uniform Federal Accessibility
Standards, as set forth in 24 CFR §570.614, the Americans with Disabilities Act of 1990 (42 U.S.C.
§12131) and its implementing regulations in 28 CFR Parts 35 and 36, Section 504 of the
Rehabilitation Act of 1973 and the implementing regulations in 24 CFR Part 8, and all state and local
laws requiring physical and program accessibility to people with disabilities. Any contracts entered
into by Subrecipient shall include a provision for compliance with these regulations. Subrecipient
shall keep records demonstrating compliance with these regulations.
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4. Utilization of Minority/Women's Business Enterprises. Subrecipient must take all
necessary steps to ensure that minority /women' s business enterprises are used when possible,
including for consideration for participation in all construction, supply or service contracts or in the
performance of this Agreement. Affirmative steps include those items required in 2 CFR §200.321
which include 1) placing qualified small and minority businesses and women's business enterprises
on solicitation lists; 2) assuring that small and minority businesses and women's business enterprises
are solicited whenever they are potential sources; 3) dividing total requirements, when economically
feasible, into smaller tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises; 4) establishing delivery schedules where the
requirement permits which encourage participation by small and minority businesses, and women's
business enterprises; 5) using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the Department
of Commerce; and 6) requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in 1 -5. Subrecipient shall also comply with Executive Order 11625, as
amended by Executive Order 12007 (Minority Business Enterprises); Executive Order 12432
(Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive
Order 12608 (Women's Business Enterprise). Any contracts entered into by Subrecipient shall
include a provision for compliance with these regulations. Subrecipient shall keep records
demonstrating compliance with this provision.
5. Political Activities. Subrecipient shall comply with 24 CFR §570.207(a)(3)
regarding political activities. CDBG funds shall not be used for lobbying or political patronage
activities. Subrecipient further agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent be engaged in the conduct of political activities in
violation of Chapter 15 of Title V, United States Code (Hatch Act) or 24 CFR §570.207(a)(3).
6. Anti - Lobbying Provision. Subrecipient shall comply with the requirements set forth
in 31 U.S.C. §1352 and implementing regulations at 24 CFR Part 87. Subrecipient and any
contractors who apply or bid for an award of $100,000 or more shall execute and comply with the
"Certification Regarding Lobbying" attached hereto as Exhibit "J" and made a part hereof by this
reference. Subrecipient shall execute the "Certification Regarding Lobbying" and a copy shall be
kept in the files of each of the parties of this Agreement.
7. Conflict of Interest. In the procurement of supplies, equipment, construction, and
services, Subrecipient shall comply with the conflict of interest rules in 2 CFR part 200. Subrecipient
agrees and warrants that it will establish and adopt written standards of conduct governing conflicts of
interest and the performance of its officers, employees, or agents engaged in the selection, award and
administration of contracts supported by these federal funds. At a minimum these safeguards must
ensure that no employee, officer or agent must participate in the selection, award, or administration of
a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to employ any of
the parties indicated in 2 CFR §200.318, has a financial or other interest in or a tangible personal
benefit from a firm considered for a contract. The officers, employees, and agents of Subrecipient
must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or
parties to subcontracts. These standards of conduct must also provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents of Subrecipient. If
Subrecipient has a parent, affiliate, or subsidiary organization, Subrecipient must also maintain
[GM1 6 -1 5 1 0- 203/192020/1] Page 11 of 44
written standards of conduct covering organizational conflicts of interest.
In all cases not governed by 2 CFR part 200, Subrecipient shall comply with the conflict of
interest provisions contained in 24 CFR §570.611. Such cases include the acquisition and disposition
of real property and the provision of assistance by Subrecipient to individuals, businesses, and other
private entities under eligible activities that authorize such assistance. Although this summary does not
intend to replace 24 CFR §570.611, essentially this rule states that no "person" described in
§570.611(c) who exercise or have exercised any functions or responsibilities with respect to activities
assisted with CDBG funds, or who is in a position to participate in a decision making process or gain
inside information with regard to these activities, may obtain a financial interest or benefit from a
CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect
thereto, or the proceeds thereunder, either for themselves or those with whom they have family or
business ties, during their tenure of for one year thereafter. The "persons" covered in 24 CFR
§570.611(c) include employees, agents, consultants, officers, or elected officials or appointed officials
of the recipient or of any designated public agencies or of Subrecipients that are receiving CDBG
funds. Subrecipient shall also keep records supporting requests for waivers of conflicts.
Subrecipient will disclose in writing any potential conflicts of interest to the City. By
executing this Agreement, Subrecipient covenants and certifies that none of its employees, officers,
or agents described in these regulations have any interest in this Agreement or the Property being
rehabilitated or any other interest which would conflict in any manner with this Agreement or the
performance of the this Agreement.
8. Section 3 of the Housing and Urban Development Act of 1968/Equal
OQ,.portunity. Subrecipient shall comply with the provisions of Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. §1701u) and its implementing regulations contained in 24
CFR Part 135 regarding economic opportunities for low income persons and the use of local
businesses, if applicable. Subrecipient shall comply with the provisions of the "Section 3 Clause ",
attached hereto as Exhibit "K" and made a part hereof by this reference, and require all
subcontracts to contain a copy of the Section 3 clause. Subrecipient shall also keep records
demonstrating compliance with these regulations, including 24 CFR §570.506(g)(5).
9. Faith -based Activities. Subrecipient shall comply with Executive Order 13279, 24
CFR §5.109 (Equal Participation of Religious Organizations in HUD Programs and Activities), and
24 CFR §570.200(j). Essentially, these regulations provide for the following:
(a) Equal treatment of program participants and program beneficiaries.
(1) Program participants. Organizations that are religious or faith -based are eligible, on
the same basis as any other organization, to participate in the CDBG program. Neither the
Federal Government or a State or local government receiving funds under the CDBG program
shall discriminate against an organization on the basis of the organization's religious character
or affiliation.
(b) Separation of inherently religious activities. Organizations that are directly funded under
the CDBG program may not engage in inherently religious activities, such as worship, religious
instruction, or proselytization, as part of the programs or services funded. If an organization
conducts such activities, the activities must be offered separately, in time or location, from the
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programs or services funded under this part, and participation must be voluntary for the program
beneficiaries of the HUD - funded programs or services provided.
(c) Religious Identity. A religious organization that is a recipient or subrecipient of CDBG
program funds will retain its independence, autonomy, expression of religious beliefs, or religious
character. Such organization will retain its independence from federal, state, and local
governments, and may continue to carry out its mission, including the definition, practice, and
expression of its religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction, or proselytization. Among
other things, faith -based organizations may use space in their facilities to provide CDBG- funded
services, without removing or altering religious art, icons, scriptures, or other religious symbols.
In addition, a CDBG- funded religious organization retains its authority over its internal
governance, and it may retain religious terms in its organization's name, select its board members
on a religious basis, and include religious references in its organization's mission statements and
other governing documents.
(d) Beneficiaries. An organization that participates in the CDBG program shall not in providing
program assistance discriminate against a program beneficiary or prospective program
beneficiary on the basis of religion or religious belief.
(e) Structures. CDBG funds may not be used for the acquisition, construction, or rehabilitation
of structures to the extent that those structures are used for explicitly religious activities. CDBG
funds may be used for the acquisition, construction, or rehabilitation of structures only to the
extent that those structures are used for conducting eligible activities under this part. Where a
structure is used for both eligible and inherently religious activities, CDBG funds may not exceed
the cost of those portions of the acquisition, new construction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements applicable
to CDBG funds. Sanctuaries, chapels, or other rooms that a CDBG- funded religious congregation
uses as its principal place of worship, however, are ineligible for CDBG- funded improvements.
Disposition of the real property after the term of the loan or grant, or any change in use of the
property during the term of the grant or loan, is subject to government wide regulations governing
real property disposition (2 CFR part 200).
10. Drug Free Workplace. Subrecipient will provide a drug -free workplace.
Subrecipient shall comply with the Drug -Free Workplace Act of 1988 and implementing regulations
in 2 CFR Part 2429 regarding maintenance of a drug -free workplace. Subrecipient shall complete
and comply with the "Certification Regarding Drug -Free Workplace Requirements" attached hereto
as Exhibit "L" and made a part hereof by this reference. Subrecipient shall ensure that the
provisions of the clauses in Exhibit "L" are included in all third party contracts, subcontracts, and
purchase orders that exceed ten thousand dollars (S10,000), so that the provisions will be binding
upon each subcontractor or vendor. Subrecipient will complete this certification and a copy shall be
kept in the files of each of the parties of this Agreement.
11. Program Requirements. Subrecipient agrees to comply and carry out all of its
activities in accordance with the CDBG program requirements set forth in 24 CFR 570, subpart K.
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12. Fair Hou in Act and N di rimina ion and E u rtu in
under E.O. 11063. Subrecipient shall comply with the Fair Housing Act (42 U.S.C. § §3601 -3620) and
implementing regulations at 24 CFR Part 100; and Executive Order 11063, as amended by Executive
Order 12259 (Equal Opportunity in Housing) and their implementing regulations in 24 CFR Part 107.
Executive Order 11063 prohibits discrimination on the basis of race, color, religion, or national origin
or to be denied equal opportunity in housing or related facilities (i.e. housing, rental, leasing, sale or
other disposition of residential property). Subrecipient shall keep records demonstrating compliance
with this provision.
Soli
ou
111
13. Resident Aliens. Subrecipient shall comply with the requirements set forth in 24 CFR
§570.613 regarding eligibility restrictions for certain resident aliens.
14. Debarment and Suspension. Subrecipient shall comply with the debarment and
suspension requirements set forth in 24 CFR §570.609, which requires compliance with 24 CFR Part 5
and 2 CFR Part 2424. Subrecipient shall not enter into a contract with any person, agency or entity that
s debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance
programs under Executive Order 12549 or 12689, "Debarment and Suspension," which is made a part
of this Agreement by reference. In the event that Subrecipient has entered into a contract or subcontract
with a debarred or suspended party, no CDBG funds will be provided as reimbursement for the work
done by that debarred or suspended contractor or subcontractor. Subrecipient shall keep copies of the
debarment and suspension certifications required by 2 CFR part 2424 and a copy of the sheet
documenting that the federal debarment list was checked.
15. Florida Statutes, Clearwater City Code, and Permits. Subrecipient agrees to comply
with all laws of the State of Florida and the Clearwater City Code. In particular, Subrecipient shall
comply with all licensing, registration, and other applicable laws and regulations governing their ability
to administer the Program and the activities in the Project.
16. Agreement between City and HUD. Subrecipient agrees that it shall be bound by the
standard terms and conditions used in the CDBG Agreement between the City and HUD, and such
other rules, regulations or requirements as HUD may reasonably impose in addition to the conditions of
this Agreement or subsequent to the execution of this Agreement by the parties hereto.
17. Fees for Use of Facilities. Reasonable fees may be charged for the use of the facilities
assisted with CDBG funds, but charges such as excessive membership fees, which have the effect of
precluding low- and moderate- income persons from using the facilities, are not permitted.
18. Registration. Subrecipient agrees to maintain a current registration in the federal
System for Award Management ( "SAM ") database (http: / /www.sam.gov) pursuant to the Federal
Funding Accountability and Transparency Act (FFATA), P.L. 109 -282, as amended by section 6202(a)
of P.L. 110 -252 and the regulations implementing the Act at 2 CFR part 25 and 2 CFR part 170. If
Subrecipient is not currently registered, it must do so within ten (10) days of the date Subrecipient
executes this Agreement. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(http: / /www.dnb.com) is required for registration. Subrecipient shall also complete and sign the
affidavit attached hereto as Exhibit "M" in conjunction with its execution of this Agreement and
provide any supporting documentation, if required.
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19. Mandatory disclosures — Violations of Federal criminal law. Subrecipient must
disclose to the City all violations of Federal criminal law involving fraud, bribery, or gratuity violations
potentially affecting the Federal award. Failure to make required disclosures can result in any of the
remedies described in §200.338, includes suspension or debarment. (See also 2 CFR part 180 and 31
U.S.C. §3321). By executing this Agreement, Subrecipient warrants and certifies that no such
violations of federal criminal law exist that could potentially affect this award.
SECTION 5: ENVIRONMENTAL
1. Environmental Review Requirements. In accordance with 24 CFR §570.604 and 24
CFR Part 58, the activities under this Agreement are subject to environmental review requirements.
CDBG regulations require the preparation of an Environmental Review Record (ERR) and
environmental clearance before funds are expended or costs incurred. City staff will prepare the ERR.
Subrecipient is not required to assume responsibility for an environmental review or assessment of this
program pursuant to 24 CFR Part 58, nor responsibility for initiation of an intergovernmental review of
this program and its activities (24 CFR §570.604). However, Subrecipient is required to provide
information about its activities in order for the City to comply with its responsibility under 24 CFR Part
58. Subrecipient shall submit to the City any changes to the proposed activity so that the City may
evaluate this new information and conduct any further environmental review. This information must be
submitted to the City for approval at least forty -five (45) days prior to any commencement of work.
Subrecipient also agrees to assist the City in addressing environmental issues that may arise during the
City's review process.
2 Environmental Protection. Subrecipient and its contractors shall comply with all
applicable standards, orders or regulations of the Clean Air Act (42 U.S.C. §7401 et. seq.); Section 306
of the Clean Air Act ( 42 U.S.C. 7401 et. seq.); Section 508 of the Clean Water Act (33 U.S.C. Section
1368); Executive Order 11738; the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251,
et. seq.); EPA regulations pursuant to 40 CFR Part 50; National Environmental Policy Act of 1969;
standards and policies relating to energy efficiency contained in the State Energy Conservation Plan
issued in compliance with the Energy Policy and Conservation Act; and HUD Environmental Review
Procedures at 24 CFR Part 58. Violations shall be reported to the City, HUD and EPA.
3. Flood Disaster Protection. Subrecipient shall comply with the requirements of the
Flood Disaster Protection Act of 1973 (42 U.S.C. §4106) and implementing regulations in 44 CFR
Parts 59 through 79 in regard to the sale, lease or other transfer of land acquired, cleared or improved
under the terms of this Agreement, as it may apply to the provisions of this Agreement.
4. Flood Insurance Program. Should any construction or rehabilitation of existing
structures with assistance provided under this Agreement occur in an area identified as having special
flood hazards by the Director of Federal Emergency Management, Subrecipient agrees to comply with
all relevant and applicable provisions of 24 CFR §570.605 concerning the National Flood Insurance
Program. Subrecipient agrees that if any portion of the any property improved in connection with this
Project is located in a special flood hazard area that flood insurance will be required by the City and
must be provided.
5. Lead -Based Paint. Lead —based paint is prohibited in the construction or rehabilitation
of any properties assisted under this Agreement. Subrecipient agrees that any construction or
rehabilitation of residential structures with assistance provided under this Agreement shall be subject to
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HUD Lead -Based Paint Regulations at 24 CFR §570.608, which requires compliance with the Lead -
Based Paint Poisoning Prevention Act (42 U.S.C. § §4821- 4846), the Residential Lead -Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. § §4851- 4856), and implementing regulations at 24 CFR Part
35, of which subparts A, B, J, K, and R apply to the CDBG Program. Such regulations pertain to all
HUD - assisted housing and require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such
notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and
precautions that should be taken when dealing with lead -based paint poisoning and the advisability and
availability of blood lead level screening for children under seven. The notice shall also point out that if
lead -based paint is found on the property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to a property, paint testing, risk
assessment, treatment and -or abatement may be conducted. Subrecipient shall maintain records
documenting compliance with these requirements.
6. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (54 U.S.C. 3001
et. seq.) and the procedures set forth in 36 CFR §800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance of this
Agreement. Subrecipient shall notify the City CDBG representative immediately upon determining that
a property may fall into this category.
7. Procurement of Recovered Materials (Resource Conservation and Recovery Act).
Subrecipient shall comply with 2 CFR part 200 regarding the use of specific products made or used
with recovered materials.
SECTION 6: DEFAULTS AND REMEDIES
1. Events of Default. The following shall constitute an Event of Default under this
Agreement:
a.) failure to comply with any of the rules, regulations or provisions referred to herein or
governing CDBG awards, including, but not limited to, 24 CFR part 570 or such
statutes, laws, regulations, executive orders, and HUD guidelines, HUD guidance,
policies or directives as may become applicable at any time;
b.) fails to comply with any of the terms contained in this Agreement and such failure
continues for a period of thirty (30) days following written notice thereof given by the
City to Subrecipient;
c.) failure to fulfill in a timely and proper manner its obligations under this Agreement;
d.) ineffective or improper use of funds provided under this Agreement;
e.) submission by Subrecipient at any time of any material representation in any
certification, report or communication the City that is determined by the City to be
false, incomplete, misleading, or incorrect in any material manner;
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Page 16 of 44
f.) failure to disclose to the City, upon demand, the name of all persons with who
Subrecipient has contracted or intends to contract with for the construction or
management of any portion of the Project, including contracts for services and/or
labor; or
g.) if any other default occurs under any of the grant documents executed by Subrecipient
in connection with this grant by the City (herein the "Grant Documents ") which is not
elsewhere specifically addressed herein and such default is not cured within the
applicable cure period set forth in the grant documents, or if there is no cure period set
forth, then within five (5) days following the date of notice to Subrecipient thereof.
Notwithstanding any of the forgoing provisions to the contrary, if Subrecipient has failed to cure
any default within (5) days prior to the expiration of any applicable cure period, the City may, at
its sole option, cure such default, provided, however, that the City shall be under no duty or
obligation to do so.
2. Remedies for Non - compliance. If Subrecipient commits an Event of Default or fails in
any way to comply with Federal or state statutes, local laws or regulations, or the terms and
conditions of this Agreement, the City may impose additional conditions as described in 2 CFR
§200.207. If the City determines that noncompliance cannot be remedied by imposing additional
conditions, the City may take one or more of the following actions, including but not limited to:
(a) Temporarily withhold cash payment pending correction of the deficiency or more
severe enforcement action by the City;
(b)
Disallow both use of funds and any applicable matching credit for all or part of the
cost of the activity or action not in compliance;
(c) Wholly or partly suspend or terminate the award;
(d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and
applicable regulations or recommend such proceedings be initiated by HUD;
(e) Withhold further federal awards for the project or program; or
(f) Take other remedies that may be legally available including, but not limited to
litigation, declaratory judgment, specific performance, damages, injunctions,
termination of the Agreement, or any other available remedies.
3. Remedies /Suspension and Termination. Subrecipient and the City will comply
with the noncompliance and termination provisions in 2 CFR part 200. In addition to
the remedies for non- compliance in 2 CFR §200.338, in accordance with 2 CFR
§200.338 and .339, the City may suspend or terminate this Agreement in whole or in
part if Subrecipient fails to comply with any terms and conditions of this Agreement or
upon the occurrence of any Event of Default or any other breach of this Agreement.
The City can withhold all funding and disbursements, demand repayment for amounts
disbursed, terminate all payments, and /or exercise all rights and remedies available to it
under the terms of this Agreement, the Grant Documents, under statutory law, equity or
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Page 17 of 44
under common law. If the City terminates this Agreement, Subrecipient shall also
forfeit to the City all unexpended monies awarded under the Agreement. Subrecipient may
also be required to refund all CDBG funds awarded by the City.
In accordance with 2 CFR §200.339, the City can terminate the Agreement with
the consent of Subrecipient in which case Subrecipient and the City must agree upon
the termination conditions, including the effective date, and in the case of partial
termination, the portion to be terminated.
In accordance with 2 CFR §200.339(a)(4), the Agreement may also be
terminated by Subrecipient or the City with written notification setting forth the reason
for such termination, the effective date and in the case of partial termination, the
portion to be terminated. However, if the City determines in the case of partial
termination that the reduced or modified portion of the award will not accomplish the
purposes for which the award was made, the City may terminate the award in its
entirety.
If this award is terminated or partially terminated, Subrecipient remains
responsible for compliance with the closeout requirements in 2 CFR §200.343 and
post - closeout requirements set forth in 2 CFR §200.344.
All remedies shall be deemed cumulative and, to the extent permitted by law, the
election of one or more remedies shall not be construed as a waiver of any other
remedy the City may have available to it.
4. No Waiver. Failure of the City to declare a default shall not constitute a waiver
of any rights by the City. Furthermore, the waiver of any default by the City shall in no
event be construed as a waiver of rights with respect to any other default, past or
present.
SECTION 7: INDEMNIFICATION AND INSURANCE
1. Indemnification. Subrecipient shall defend, indemnify and hold harmless the City
from and against any and all liability, claims, demands, damages, expenses, fees, fines,
penalties, suits, proceedings, actions and costs of actions, including attorney's fees,
whether or not suit is filed and if suit is filed, attorney fees and costs at all trial and
appellate levels, of any kind and nature arising or growing out of or in any way
connected with Subrecipient's performance or non - performance of this Agreement or
because of or due to the existence of the Agreement itself. Nothing contained herein
shall be construed as consent by the City to be sued by third parties, or as a waiver or
modification of the provisions or limits of Section 768.28, Florida Statutes or the
Doctrine of Sovereign Immunity.
2. Environmental Indemnification. Subrecipient shall indemnify and hold the City
harmless from any claim arising from, or in any way related to, the environmental
condition of the property where the Project takes place, including, but not limited to, the
cost of investigating, defending, and/or negotiating to a satisfactory conclusion claims
made by environmental regulatory agencies, as well as all cleanup and property
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Page 18 of 44
maintenance requirements imposed by any agency with lawful jurisdiction over the
Project. This indemnification shall run from the time of initial discovery of any such
adverse environmental condition and shall not be construed to commence only upon
realization by the City of an actual pecuniary loss as a result of such adverse
environmental condition. The existence of this indemnification agreement shall not be
construed as an indicia of ownership, management or control of the property by the City
and Subrecipient hereby recognizes and acknowledges that the City is not an owner or
manager of the property and does not exert any control thereupon. Notwithstanding
anything herein to the contrary, this indemnification provision shall survive the
termination of this Agreement.
3. Insurance. Without limiting Subrecipient's indemnification, Subrecipient shall
maintain in force at all times during the performance of this Agreement all appropriate
policies of insurance hereinafter described and as required by 2 CFR part 200, concerning
its operations. Certificates with valid and authorized endorsements, evidencing the
maintenance and renewal of such insurance coverage shall be delivered to the City prior to
execution of this Agreement. The City shall be given notice in writing at least thirty (30)
calendar days in advance of cancellation or modification of any policy of insurance. The
City, its officers and employees shall be named as an additional named insured on all
policies of liability insurance.
a.) All policies of insurance shall be in a company or companies authorized by law to
transact insurance business in the State of Florida. In addition, such policy shall
provide that the coverage shall be primary for losses arising out of Subrecipient's
performance of the Agreement. Neither the City nor any of its insurers shall be
required to contribute to any such loss. The required certificate shall be furnished
prior to execution of this Agreement.
b.) At least thirty (30) calendar days prior to the expiration of any of the above
referenced insurance policies, Subrecipient shall provide the City with evidence of
the renewal of said insurance policies in a form satisfactory to the City.
c.) The policies and insurance required by the City include:
1. Commercial General Liability Insurance. Commercial general liability
insurance to include, but not be limited to bodily injury and property damage
coverage. The policy's limit liability amount shall not be less than Five
Hundred Thousand Dollars ($500,000) per person/per occurrence for bodily
injury to, or death to one or more than one person and not less than One
Hundred Thousand Dollars (S 100,000) per occurrence for property damage.
2 Workers' Compensation Coverage. Workers' Compensation insurance for all
of its employees in an amount and with coverage to meet all requirements of
the laws of the State of Florida.
3. Flood Insurance. Flood insurance as required under applicable HUD
regulations.
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Page 19 of 44
4. Employee Fraud Insurance. Sufficient insurance to protect from loss due to
fraud, theft, and physical damage and shall purchase a bond or insurance
covering all employees for theft or fraud.
5. Bonding requirements. Bonding requirements in 2 CFR §200.325.
SECTION 8: MISCELLANEOUS PROVISIONS
1. Assignment. Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the City.
2. No Grant of Vested Rights. This Agreement shall not be construed as granting or
assuring or vesting any land use, zoning, development approvals, permission or rights with
respect to property owned by Subrecipient or anyone it assists.
3. Independent Contractor. Nothing in this Agreement is intended to, or shall be construed
in any manner, as creating or establishing the relationship of master /servant, principal /agent,
employer /employee or joint venture partner between the City and Subrecipient. The City shall
be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or
medical insurance and Worker's Compensation Insurance as Subrecipient is an independent
contractor. Subrecipient agrees and acknowledges that it shall be responsible for and shall pay
any and all applicable compensation, insurance and taxes, including but not limited to federal
income taxes and Social Security on the salary of any positions funded in whole or in part with
CDBG funds.
4. Severability. This Agreement shall be construed in accordance with the laws of the State
of Florida. It is agreed by and between the parties that if any covenant, condition, provision
contained in this Agreement is held to be invalid by any court of competent jurisdiction, such
invalidity shall not affect the validity of any other covenants, conditions or provisions herein
contained and all other parts shall nevertheless be in full force and effect.
5. Entire Agreement/Modification. This Agreement, together with all of the Exhibits,
constitutes the entire Agreement between the parties hereto with respect to the subject matter
hereof. Any representations or statements heretofore made with respect to such subject matter,
whether written or verbal, are merged herein. This Agreement may only be modified in writing,
signed by both of the parties hereto.
6. Notices. Whenever by the terms of this Agreement, notice is to be given to either party,
such notice shall be in writing and shall be hand delivered or sent by certified mail, return
receipt requested, postage prepaid to:
Chuck Lane
Economic Development and Housing
112 S. Osceola Avenue
Clearwater, FL 33756
Kathleen M. Kelly
Executive Director /CEO
1189 N.E. Cleveland Street
Clearwater, FL 33755
7. Compliance with all Laws. Notwithstanding anything herein to the contrary, the Project
shall be operated consistent with all applicable federal, state and local laws and regulations.
[GM16- 1510 - 203/192020/1] Page 20 of 44
IN WITNESS WHEREOF, the parties .bereto have executed these presents and have set
their hands and seals this ..3i-sr day of L79 -LL- , 2016.
ATTEST:
CITY OF CLEARWATER, FLORIDA, a municipal
corporation organized and existing under the laws of the State
of Florida
By: I.4tivtAl
Rosemarie Call, City
STATE OF FLORIDA
COUNTY OF
CLEARWATER
aAd /e.•-.
Liam B. Horne II, City Manager
The Kimberly Home, Inc., a Florida non-
profit corporation
By :a -���
Title: . ems. /r u 1 pi= Jo,- E Q
Print Name: l- (a -lhiee4 ,its e//,f
Date: / /0?5//
FOREGOING CDBG AGREEMENT was acknowledged before me th.
, 2016, by 1N1„ k.. nl .1611, as a
is personally known to me or U who has produced
identification.
At° :V.'� KAREN S. DICKSON
j ►? r,,,-.7"6:4 Commission # FF 089135
-� • ri Expires February 21, 2018
IA ;;c°.''`O` Bonded Thru Troy Fain Insurance 800- 385 -7019
•
[GM 1 6- 1 5 1 0 -203/ 1 9202 0/1 ]
!�TO1ARY PUBLIC
Print Name: /'�RR(.,/✓ ■ • -0 /c 5 ec)
My Commission Expires:
f
He /She
as
APPROVED AS TO FORM Y�
for the use and reliance of the
City of Clearwater, Florida, only.
6 a- cle,
Laura Mahony, Assistant Ci
Clearwater, Florida
Page 21 of 44
2016.
Attorney II
Exhibit Index
Exhibit A — Standards of Eligibility
Exhibit B — Required Subrecipient Information
Exhibit C — Additional Program Requirements
Exhibit D — Budget
Exhibit E — CDBG Program Requirements
Exhibit F — Reporting Schedule
Exhibit G — Program Activity Report
Exhibit G -1 — Personnel Activity Report
Exhibit H — Request for Payment
Exhibit I — EEO Clause for Subrecipients /Contractors and Subcontractors — Standard Solicitation for Bid and
Contract Language
Exhibit J — Certification Regarding Lobbying
Exhibit K — Section 3 Economic Opportunity Clause
Exhibit L — Certification Regarding Drug -Free Workplace Requirements
Exhibit M - Affidavit
[GM 16- 1510- 203/192020/1]
Page 22 of 44
EXHIBIT "A"
STANDARDS OF ELIGIBILITY
PERSONS ELIGIBLE AND QUALIFIED TO RECEIVE SAID SERVICES AS ESTABLISHED BY THE U.S.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) 2016
[GM I6 -1510 -203/ 192020/1 ]
Page 23 of 44
1
Person
2_
Person
I
Person
4
Person
§_
Person
i
Person
7
Person
1
Person
VERY LOW
INCOME (31% -
50 %)
20,750
23,700
26,650
29,600
32,000
34,350
36,750
39,100
CDBG CONSIDERS
INCOMES BELOW
50% TO BE LOW
INCOME
LOW INCOME
(51 - 80 %)
33,150
37,900
42,650
47,350
51,150
54,950
58,750
62,550
CDBG CONSIDERS
ANY INCOME BELOW
80% TO BE
MODERATE INCOME
[GM I6 -1510 -203/ 192020/1 ]
Page 23 of 44
EXHIBIT "B"
REQUIRED SUBRECIPIENT INFORMATION
1. Subrecipient name (which must match registered name in DUNS): The Kimberly
Home, Inc.
2. Subrecipient's DUNS number (see §200.32 Data Universal Numbering System
(DUNS) number): 163269434
3. Subaward Period of Performance Start Date and End Date: 10/01/2016 to 9/30/2017
4. Amount of Federal Funds Obligated by this activity: $99,200
5. Total Amount of Federal Funds obligated to subrecipient: $99,200
6. Federal award project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA): Funds will be used to demolish a
structure. grade the area and pave for a new parking lot.
7. Name of Federal awarding agency, pass- through entity, and contact information for
awarding official: U.S. Department of Housing and Urban Development; City of
Clearwater, Economic Development and Housing Director; 112 S, Osceola Avenue,
33756; (727) 562 -4023
8. CFDA Number and Name; the pass- through entity must identify the dollar amount
made available under each Federal award the CFDA number at the time of
disbursement: 14.218, Community Development Block Grants /Entitlement Grants
9. Identification of whether the award is R &D: N/A
10. Indirect cost rate for the Federal award (including if the de minimis rate is charged per
§200.414 Indirect (F &A costs)): N/A
[0M16- 1510 - 203/192020/1]
Page 24 of 44
EXHIBIT "C"
Additional Program Requirements
1. Subrecipient shall at all times maintain facilities in conformance with all
applicable codes, licensing, and other requirements necessary for the operation of
the Program.
2 Subrecipient will accept applications and perform income and other eligibility
determinations. Fifty -one percent of those served must have incomes that do not
exceed low- and moderate - income limits (under 80% MSA) of the CDBG
Program.
3. Subrecipient shall ensure that the numbers, background, and qualifications of the
Subrecipient staff are appropriate for the services provided and at least meet the
minimum standards established by the pertinent licensing bodies.
4. All costs eligible for CDBG reimbursement offered by Subrecipient under the
Program shall only include costs directly related to the provision of the service
under this Project as described in this Agreement.
5. Subrecipient shall complete detailed work write -ups of the services to be
performed, including estimated costs and material to be used, if applicable.
Subrecipient will monitor the work to ascertain that services are proceeding
properly and satisfactory. Subrecipient will ensure that the expenses are
reasonable, and the services are completed properly. In addition, Subrecipient
shall maintain case files, including applications and all documentation of
eligibility, work write -ups, the assistance agreement between the client and
Subrecipient, documentation on all necessary licenses and permits, site visits and
final reports, invoices and checks. Subrecipient shall maintain these records in
accordance with general record - keeping requirements set forth in this Agreement.
[GM 1 6 -1 5 1 0 -203/ 1 9 2020/ I ]
Page 25 of 44
Project Type
Amount of Funding =
Services Funded
CDBG
$99,200
Exhibit "D"
BUDGET
The Kimberly Home, Inc.
FY 2016 -2017
Category
CDBG Portion
Public Facilities:
$99,200
Total
$99,200
TOTAL CDBG ALLOCATION** S99,200
[GM 16 -1510 -203/ 192020/1 ]
Page 26 of 44
Exhibit "E"
CDBG PROGRAM REQUIREMENTS
Subrecipient, in addition to the terms set forth in the Agreement, shall operate the Project
funded through the City's Community Development Block Grant Program according to the
following guidelines:
1. Any equipment, furnishings and any other usable item purchased with the
City's CDBG Program contribution to Subrecipient for use in the Project shall be kept on
an inventory and shall be made available to the City's Economic Development and
Housing Department for disposition upon termination of the City's CDBG assistance to
Subrecipient.
2. Subrecipient hereby agrees to maintain accounting systems with internal
controls to safeguard the U.S. Department of Housing and Urban Development (HUD) —
Community Development Block Grant (CDBG) funds and assets, provide for accurate
financial data, promote operational efficiency, and foster compliance with generally
accepted accounting principles (GAAP) in accordance with 2 CFR part 200.
3. Subrecipient's accounting records must adequately identify the receipt and
expenditure of all CDBG funds for each budget line item. There must be a separate
accounting for each budgetary allocation as approved by the City's Economic
Development and Housing Department. Cash receipts and expenditures from other
sources must be accounted for separately from CDBG funds; therefore, if Subrecipient
maintains a common account for both CDBG and other funds, the accounting system
must provide for the clear and easy identification of CDBG funds.
4. Accounting and related records of Subrecipient shall comprise the following as
a minimum:
a. Voucher system — All supporting documentation, such as purchase orders,
invoices, receiving reports, requisitions.
b. Books of Original Entry — Cash receipts and disbursements journal, general
ledger.
Chart of Accounts — Listing of accounts must be maintained in the accounting
system.
c. Personnel Records — A separate personnel file shall be maintained for each
CDBG project employee paid with CDBG funds. As a minimum, the file shall
contain a resume of the employee, a description of duties assigned, and a
record of the date employed, rate of pay at time of employment, subsequent
pay adjustments, and documentation supporting leave taken by the employee.
d. Attendance Records — Attendance records (individual time sheets) shall be
maintained for all personnel paid with CDBG funds that are involved in
operating the Project. This applies to part-time as well as full -time personnel. In
addition to the accounting for daily attendance, the type of leave taken (annual,
sick or other), shall be disclosed. Daily attendance records must support
budgetary charges for payroll purposes.
e. Payroll Records — Formal payroll records supporting cash disbursements to
employees shall be maintained. All time sheets or personnel activity reports
[GM 16- 1510- 203/192020/1 ]
Page 27 of 44
must be signed by the employee and the employee's supervisor. Such records
shall disclose each employee's name, job, title, social security number, date
hired, rate of pay, and all required deductions for tax purposes. Timely
payments must be made of FICA taxes, including the required employer
matching costs, and of income tax withheld from employees. All charges for
payroll purposes shall be in accordance with the Budget submitted to the City's
Economic Development and Housing Department. In addition, salaries and
wages of employees chargeable with more than one (1) grant program and /or
other funding sources will be supported by appropriate time distribution
records. Actual time distribution records shall be available for review by the
Economic Development and Housing Department at monitoring visits.
f Checking Accounts — A monthly bank reconciliation shall be conducted by
Subrecipient. All checks, stubs, etc. shall be pre- numbered and accounted for,
including all voided checks. Check stubs, canceled checks, and deposit slips
must be readily available for audit purposes.
g. Purchasing Practices — Purchasing practices shall be at the very least in
accordance with 2 CFR part 200. Subrecipient must provide documentation
indicating how all vendors, contractors, minority and /or women owned
businesses are given an opportunity to participate.
h. Inventories — Subrecipient, as are all CDBG program sub - grantees, is advised
to maintain adequate safeguards against loss by theft or physical deterioration
of any inventories of office supplies, equipment, or other items purchased with
CDBG funds.
i Property Records — Subrecipient is required to maintain formal subsidiary
records to control all CDBG program project property and equipment. Such
records shall disclose the acquisition and subsequent disposition of all
property. An annual inventory should be conducted and the books should
reflect the actual value of property on hand at the end of the year.
5. Subrecipient should maintain records in an orderly manner, with separate
identification for different Federal fiscal periods. Records must be protected from
fire or other perils, and if stored in a location other than the project site, shall be
readily accessible to the City's Economic Development and Housing Department
staff, the Inspector General, and HUD officials and others who may be authorized
to examine such records. Failure to do so may constitute a default of this
agreement resulting in suspension of reimbursement until said documentation is
submitted.
[GM16 -1 510- 203/192020/1 ]
Page 28 of 44
EXHIBIT "F"
Reporting Schedule
A. Subrecipient shall submit all reports to the City's Economic Development and
Housing Department as described in this Agreement.
B. Subrecipient shall maintain data demonstrating client eligibility for services provided.
Such data shall include client name, address, number of persons in the household and
household income, and such other information requested by the City's Economic
Development and Housing Department. Such information shall be made available to City
and/or HUD monitors or their designees for review upon request. Subrecipient understands
that client information collected under this contract is private and the use or disclosure of
such information, when not directly connected with the administration of the City's or
Subrecipient responsibilities under this Agreement is prohibited by the U.S. Privacy Act of
1974 unless written consent is obtained from such person receiving services, and in the case
of a minor, that of a responsible parent/guardian.
C. Upon fifteen (15) days notice by the City's Economic Development and Housing
Department, Subrecipient shall provide the information requested by the City for submission
of performance or other reports to HUD.
D. Between the required reporting dates, events may occur which have significant impact
upon the project or program. In such cases, Subrecipient shall inform the City's Economic
Development and Housing Department as soon as the following types of conditions become
known:
1. Problems, delays or adverse conditions, which may materially affect the ability to
meet program objectives, prevent the meeting of time schedules and goals, or
preclude the attainment of project work units by established term periods. This
disclosure shall be accompanied by a statement of the action taken or
contemplated and any assistance needed to resolve the situation.
2 Favorable development or events, which will enable meeting time schedules and
goals sooner or at less cost than anticipated or producing more or different
beneficial results than originally planned.
Method of Payment:
Payments shall be made on the basis of completed services and submission of documentation
as outlined in this Agreement between the City and Subrecipient. Subrecipient shall submit
monthly Requests for Payment to the City's Economic Development and Housing
Department in accordance with the following:
1. The City's Economic Development and Housing Department shall authorize the
reimbursement of Subrecipient for actual expenditures outlined in the Budget as
expressed in Exhibit "D" of this Agreement, except that the Economic
Development and Housing Director, or designee, may approve a variance with
regard to variable costs.
[GM 16- 1 510 - 203/192020/ 1 ]
Page 29 of 44
2. Expenses incurred by Subrecipient will not be authorized for payment by the
City's Economic Development and Housing Department if such expenses cannot
be documented by paid receipts, invoices or other appropriate documentation and
information. Furthermore, all Requests for Payment submitted by Subrecipient to
the City's Economic Development and Housing Department shall not be
reimbursable by the City if such expenditures were not, expended directly for the
provision of services and activity delivery costs to benefit low- and moderate -
income persons in accordance with this Agreement.
3. Provided that the Requests for Payment are complete and undisputed, the City's
Economic Development and Housing Department shall authorize reimbursement
of approved expenditure requests within thirty (30) days of receipt of such
requests.
4. As applicable, the monthly Requests for Payment shall include:
a. Name and address of each client receiving services.
b. CDBG costs to be reimbursed, shown as labor, materials, other costs,
including copies of invoices, and checks in payment.
c. Brief description of services or activities undertaken during the month for
which reimbursements are being requested.
d. Total cost of services.
e. If requesting reimbursement for salaries, timesheets showing tenths of
hours where work has been done by Subrecipient and staff detailing daily
total hours worked.
f. If applicable, if outside contractors have done the work, submit the
contractor's paid invoices for reimbursement. These should include an
itemization of the work done, the total cost for labor and materials, the
number of hours on the job, and the rate per hour agreed to on the project.
[GM 16- 1 510 -203/ 192020/ 1 ]
Page 30 of 44
EXHIBIT "G"
E CHIBFTNe
11m.n
$i& 0011
dinwas
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Swredi
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Anwiew
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Bern.
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Window
Port Marl
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October
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ARMAZIOR
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al-
AYmr
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filydr
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ittrompod
Docardoef
B
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B
0
Td i
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•
B
4
%M Goole
GOALS
vd»%.s Pim 001006 Maim -Ni Masai Moo of Aardhol Oita fee they
Colima C l/v. E (Ciro *coma! = Coienn F 0comcommit; whch
Calming 4 elm, R (Give Ral.l Eno; s edam 8 (TNNI Cholat which Y AYnaad b kohl
jtaiow F i 6 (TeiY tMrea toomM eMNI mach
C Lon. T i tl (Hard of Hemoreif M owl a fray Ad kdhnap rpd TaY:tYrn 9anma
(Far Colon Ti) Hood al HarYaaili, woo ba la maM la rtpitatlr I
FS t. Cti7 ee%kfoottoor from sof r O OI MAC
00016•04
K spom p tretrrrai
[GM 1 6 -1 5 1 0 -203/ 1 92020/ 1 ]
Page 31 of 44
Ferro loam! COMM
EXHIBIT V'
City of Clearwater
Economic Development & Housing Department
ConsOidated Action Plan Fiscal Year 2016-17 Financial
Report & Implementation Schedede
Warm
Ocaiter
S
S
5
S
PeretwEgmetiod
Omar ar '1` pit
[GM 16- 1510- 203/192020/1 ]
CC-CC-00C M MCC
C.artts :
2
Page 32 of 44
Exhibit "G-1"
PERSONNEL ACTIVITY REPORT
Employee's Name:
Employee's Title:
Week of:
Sunday
Monday Tuesday
Wednesday
Thursday
Friday
Saturday Total
Time allocation
Description of Program Duties:
siptolgt
616N‘
Week of:
Sunday
Monday Tuesday
Wednesday
Thursday
:eV
Friday
Saturday
Total
=MN
M:
4.0
=1
Time allocation
Description of Program Duties:
"'4104,7;
6, 6
Week of:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Total
,,4114-4
Time allocation
Description of Program Duties:
gat°
Netillkoom lottalar":
Week of:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
toimpanktIggeS
Saturday
Total
Time allocation
Description of Program Duties:
Week of:
Monday
Off Afil
d4WRO-Ogrloppv1„,,
IMIZAM
:14311gg04
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Total
umert
");
Time allocation
Description of Program Duties:
[GM16-1510-203/192020/1]
Page 33 of 44
For the month of:
Employee's Signature:
Supervisor's Signature:
Daily, enter total hours worked and the activity description and hours worked on
the project for each day. Hours should match the employee's weekly or bi- weekly
payroll for the period ending. This report should be prepared on a monthly basis
for each employee working on the Project and submitted along with the other
monthly reports.
[GM16- 1510- 203/192020/1]
Page 34 of 44
Fain RE"Isec: SPISPIfi
invoice Number
or Invoice Date
of no Invoice f}
EXH19R -Fr
CRY OF CLEARWATER
Ecoraorrac Development & Housing Department
Housing Division
Consolidated Action Plan FY2016-2017
Request for Payment
Period of
Description
Make Check Patvable to:
Totals` $
We request payment r the attached invoices, as provided for in the teons of our contract with the of
Clearwater. dated 1W112018 _ We certify to the best of our knoa~idedge that we have complied with
all applicable federal. state and local laws, regulations and ordinances_
Agency Name
Name and Title
Authorized Signature
Attach invoices and supporting documents
Date
Far Iipa teal s e Oi ir_
Funding Source:
Approver's initials:
Date:
[GM16- 1510- 203/192020/1]
3
Page 35 of 44
EXHIBIT "I"
EOUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR SUBRECIPIENTS AND THEIR
CONTRACTORS AND SUBCONTRACTORS
STANDARD SOLICITATION FOR BID AND CONTRACT LANGUAGE
A. Equal Opportunity Clause:
Subrecipient agrees that it will incorporate or cause to be incorporated into any contract for construction
work, or modification thereof, as defined in the regulation of the Secretary of Labor 41 CFR Chapter 60, which
is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the
Federal Government pursuant to a grant, contract, loan insurance, or guarantee or undertaken pursuant to any
Federal Program involving such grant, contract, loan insurance, or guarantee, the following equal opportunity
clause:
1. The contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor 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 contractor will, in all solicitations or advertisements for employees placed by on or behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which the
contractor has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the contractor's noncompliance with the discrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated,
or suspended in whole or in part and the contractor may be declared ineligible for further
government contracts or Federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law.
[GM 16- 1510- 203/192020/1 ]
Page 36 of 44
7. The contractor 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
504 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
8. The applicant further 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; provided, that if the applicant so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such
government which does not participate in work on or under the contract.
9. 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, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
10. The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, government contracts and Federally
assisted construction contracts, pursuant to the Executive Order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
contractors and subcontractors by the administering agency of the Secretary of Labor pursuant
to Part II, Subpart D of the Executive Order. In addition, the appliance agrees that if it fails or
refuses to comply with these undertakings, the administering agency may take any or all of the
following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant under the
program with respect to which the failure or refund occurred until satisfactory assurance of
future compliance has been received from such applicant; and refer the case to the Department
of Justice for appropriate legal proceedings.
[GM 16 -1510- 203/192020/1 ]
Page 37 of 44
EXHIBIT "J"
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting 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 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.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting 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, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub - awards at all tiers (including subcontracts, sub - grant, and
contracts under grants, and cooperative agreements) and that Subrecipient 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 31 U.S.C. § 1352. Any person who
fails to file this required certification shall be subject to a civil penalty of not less than
S10,000 and not more than $100,000 for each such failure.
ATTEST:
(CORPORATE SEAL)
Date
[GM 16 -1 10 -203/ 192020/ 1 ]
The Kimberly Home, Inc.
a
7lelM /eeiz-1 /I( /(L'�ly t71 4irse )/tecicf /C,-FG
Print Name & Title
Page 38 of 44
EXHIBIT "K"
SECTION 3 ECONOMIC OPPORTUNITY
SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development ( "HUD ") and is
subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. §1701u. The purpose of section 3 is to ensure that to the greatest extent feasible,
opportunities for training and employment be given to low income residents of the Project area and
contracts for work in connection with the Project be awarded to business concerns which are located in
or owned in substantial part by persons residing in the area of the Project.
B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of HUD set forth in 24. CFR Part 135, and all applicable rules and
orders of the Department issued there under as evidenced by the execution of this contract. The parties
to this contract certify and agree that they are under no contractual agreement or other disability which
would prevent them from complying with these requirements.
C. Subrecipient will send to each labor organization or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization or workers' representative of his commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment or
training. The notice shall describe the Section 3 preference, shall set forth minimum number and job
titles subject to hire, availability of apprenticeship, and training positions, the qualifications for each, the
name and location of the persons taking applications for each of the positions, and the anticipated date
the work shall begin.
D. Subrecipient will include this Section 3 Clause in every subcontract for work in connection with the
Project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that Subrecipient is in violation of the
regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. Subrecipient
will not subcontract with any agency where it has notice or knowledge that the latter has been found in
violation of regulations under 24 CFR Part 135, and will not let any subcontract unless the agency has
first provided it with a preliminary statement of ability to comply with the requirements of these
regulations.
E. Subrecipient will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all
applicable rules and orders of the Department issued there under prior to the execution of the contract
shall be a condition of the Federal financial assistance provided to the Project, binding upon the
applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its subrecipients, and its successors, and assigns to
those sanctions specified by the CDBG Program Agreement or contract through which Federal
assistance is provided, and to such sanctions as are specified by 24 CFR Part 135, which include
termination of this Agreement for default and debarment and suspension from future HUD- assisted
contracts.
[GM 16 -1510- 203/192020/1]
Page 39 of 44
EXHIBIT "L"
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
The certification set out below is a material representation upon which reliance is placed by
the City of Clearwater and the U.S. Department of Housing and Urban Development in
awarding the grant. If it is later determined that Subrecipient knowingly rendered a false
certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the
City and /or the U.S. Department of Housing and Urban Development, in addition to any
other remedies available to the Federal Government, may take action authorized under the
Drug- Free Workplace Act. Subrecipient will comply with the other provisions of the Act and
with other applicable laws.
CERTIFICATION
1. Subrecipient certifies that it will provide a drug -free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
Subrecipient's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
B. Establishing an ongoing drug -free awareness program to inform employees about:
1. the dangers of drug abuse in the workplace;
2. Subrecipient's policy of maintaining a drug -free workplace;
3. any available drug counseling, rehabilitation, and employee assistance programs; and
4. the penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of this
grant be given a copy of the statement required by paragraph (A);
D. Notifying the employee in the statement required by paragraph (A) that, as a
condition of employment, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction;
E. Notify the City's Economic Development and Housing Department and /or the U.S.
Department of Housing and Urban Development in writing within ten (10) calendar days
after receiving notice under subparagraph (D) (2) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must provide notice,
including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point
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Page 40 of 44
for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant;
F. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (D) (2), with respect to any employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency;
G. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (A), (B), (C ), (D), (E), and (F).
2. Subrecipient shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, zip code and total estimated number of
employees). Subrecipient further certifies that, if it is subsequently determined that
additional sites will be used for the performance of work under the grant, it shall notify the
City's Economic Development and Housing Department and /or the U.S. Department of
Housing and Urban Development immediately upon the decision to use such additional
sites by submitting a revised "Place of Performance" form.
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Page 41 of 44
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
Name of Subrecipient: The Kimberly Home, Inc.
Program Name: Pregnancy and Child Care Center
Grant : Community Development Block Grant
Date: October 1, 2016 through September 30, 2017
The subrecipient shall insert in the space provided below the site(s) expected to be used for
the performance of work under this Agreement:
Place of Performance (include street address, city, county, state, zip code for each site):
118 North Missouri Avenue, Clearwater, Fl 33755
Check if there are work places on file that are not identified here.
ATTEST:
[GM 16- 1510- 203/192020/ 1 ]
THE KIMBERLY HOME, INC.
(Corporate Seal)
By:
Name /Title: 6 // ec" / l /'C //
Le c �C � C
Date: /-2_57
Page 42 of 44
EXHIBIT "M"
AFFIDAVIT
Federal Funding Accountability and Transparency Act (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance
and expenditures) be made available to the public via a single, searchable website, which is
www.USASpending. gov.
The FFATA Subaward Reporting System (FSRS) is the reporting tool Federal prime awardees
(i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive
compensation data regarding their first -tier subawards to meet the FFATA reporting requirements.
Prime contract awardees will report against sub - contracts awarded and prime grant awardees will
report against sub - grants awarded. The sub -award information entered in FSRS will then be displayed
on www.USASpending.gov associated with the prime award furthering Federal spending transparency.
The Transparency Act requires information disclosure concerning entities receiving Federal financial
assistance through Federal awards such as Federal contracts, sub- contracts, grants, and sub - grants.
Specifically, the Transparency Act's section 2(b)(1) requires the City to provide the following
information about each Federal award:
• Name of the entity receiving the award;
• Amount of the award;
• Information on the award including transaction type,
• Location of the entity receiving the award and primary location of performance under the award;
• Unique identifier of the entity receiving the award and the parent entity of the recipient;
• Names and total compensation of the five most highly compensated officers of the entity if the entity
In the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards;
and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have
access to this information about the compensation of the senior executives of the entity through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
§§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.
1, /<a /e e d fi j
I read and understand the information provided above.
I have personal knowledge of the facts I am attesting to in this affidavit.
(please check one of the following)
1" I attest that (The Kimberly Home, Inc.) does not
meet the above threshold requiring names and total compensation of the five most highly compensated
officers of the entity if the entity.
(print name), hereby swear or affirm that:
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Page 43 of 44
I, Kos /u„ 47 /' // (print name), hereby swear or affirm that:
I read and understand the information provided above.
I have personal knowledge of the facts I am attesting to in this affidavit.
(please check one of the following)
I attest that The Kimberly Home, Inc. does not meet the above threshold requiring
names and total compensation of the five most highly compensated officers of the entity if the entity.
I attest that The Kimberly Home, Inc. does meet the above threshold* requiring names
and total compensation of the five most highly compensated officers of the entity if the entity.
*If agency meets the above threshold, the agency MUST attach a spreadsheet with the names and total
compensation of the five most highly compensated officers of the entity, signed and dated by the one
of the following: President; Executive Director; CEO; Board Chairperson; Finance Director; CFO; or
Treasurer.
I understand that the submission of a false affidavit is punishable as a second - degree
misdemeanor under Florida law.
G�x2&
Signature of President/Executi Director /Board Chair
/h /ee /I fr, /r
Printed Name of President/EJecutive Director/Board Chair
STATE OF FLORIDA
COUNTY OF
PINELLAS
The foregoing Affidavit was acknowledged before me thisa5 day of reS12 _ ,
20110, by k4 /6 'i ()( ./e6_44,/ as f_xtt-0771/f)7)/ TGk) of
The Kimberly Home, Inc. and is personally known to me or has produced
as identification.
[GM16 -1510 - 203 /192020/1 ]
My Commission Expires:
Page 44 of 44
dii:Viiks KAREN S. DICKSON
+•� Commission # FF 089135
.��. i'a Expires February 21, 2018
Bonded Thai Troy Fein Insurance 800 -385 -7019
1189 NE Cleveland St. Clearwater, FL 33755 * 727 - 443 -0471
January 25, 2016
To Whom It May Concern:
Please be advised that the following individuals were duly elected as Officers of The Kimberly
Home, Inc. Executive Board at the Annual Board Meeting held on January 25, 2016.
Chairman — Scott Rehm
Vice Chairman — Michael McCarthy
Secretary — Kathleen Beatty SSJ
Treasure — John Popson
I hereby certify that as Officers of the Executive Board, along with the Executive Director /CEO
Kathleen M. Kelly, the named individuals have been fully authorized by the Board of Directors
to execute, sign and deliver any checks, accounts, contracts and all corporate documentation
on behalf of The Kimberly Home, Inc.
Additionally, the Chairman, Vice Chairman, and Executive Director /CEO are specifically
authorized to execute deeds of conveyance, mortgages, promissory notes and other
documents related to real estate or business transactions of and on behalf of The Kimberly
Home, Inc.
Sincerely,
47'
Kathleen Beatty SSJ
Secretary
The Kimberly Home, Inc.