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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT (2)COMMUNITY DEVELOPMENT T THE CITY O CLEARWATER, F FLORIDA ORIDGRANT ND WESTCARE GUULFCOASFLORIDA,, 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 West Care GulfCoast Florida, Inc., a Florida non -profit corporation, with a principal address of P.O. Box 12019, St Petersburg, Florida 33733 (hereinafter referred to as "WestCare GulfCoast Florida, Inc." or "Subrecipient "). WITNESSETR: 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, WestCare GulfCoast Florida, Inc. is a private non -profit corporation that provides assistance to homeless individuals who suffer from substance abuse disorders or co- occurring substance abuse and mental health disorders; WHEREAS, WestCare GulfCoast Florida, Inc. submitted a proposal to utilize 830,000.00 in FY 2017 -2018 CDBG funds to WestCare GulfCoast Florida, Inc. for salary support and fringe benefits for a Case Manager to implement A Turning Point program; 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, WestCare GulfCoast Florida, 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 current for low- and are attached hereto as Exhibit "A" and incorporated ated here n by reference. w ch cur�cent rncome levels THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good e City valuable WestCare GulfCoast Florida, IrnInc. agree as follows: hereo being hereby acknowledged, h y and SECTION 1: 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. [GM16- 1510 - 203/192020/11 Page 1 of 44 2. National Obiectives and Use. Subrecipient certifies that the activities carried out with the funds provided under this Agreement will meet the CDBG program national objective f benefiting nnefiting low- and moderate - income persons as required under 24 CFR §570.200(a)(2) and §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 ELEVEN THOUSAND FOUR HUNDRED AND NINETY -SIX DOLLARS AND 00/100 ($11,496.00) in FY 2017 -2018 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 WestCare GulfCoast Florida, 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/Prosram and Project Description. Subrecipient administers and operates a program called A Turning Point that provides assistance to homeless individuals who suffer from substance abuse disorders or co- occurring substance abuse and mental health disorders. The subrecipient will utilize funds for salary support and fringe benefits for a Case Manager to administer the program for 150 low- to moderate - income City of Clearwater residents, 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. d 'e r a• r • l . e t . •t: ••, . . Subrecipient agrees to work diligently towards the completion of the Project and complete the Project by September 30, 2018. By April 1, 2018, 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 penditure of F'arnds!Bndget. 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 [GM 16- 1510- 203/192020/11 Page 2 of 44 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 $11,496.00. Subrecipient shall not use any CDB Gfundssyfor prohibited activities as set forth in 24 CFR §570.207. Notwithstanding anything 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, 2017 and terminating on September 30, 2018. Costs may not be incurred after September 30, 2018. 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 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 [GM16- 1510 - 203119202011] Page 3 of 44 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 §200.31$- §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 uasis in accordance with applicable procurement requirements and secure at least three (3) price or bids, as applicable. Subrecipient shall incorporate in any and all bid documents and contrats with third parties the provisions required in 2 CFR §200326 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 ail 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. [GM16.1 5 1 0- 2031 1 9202011] Page 4 of 44 4. Reeprds to beM, intat ined_Subrecipient shall maintain all records required by 2 CFR part 200, 24 CFR §570,506, and 24but are 70t 502 a regarding records that must be maintained for the Project. Such records shall in 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 j objectives of the CDBG program (i.e. the criteria set forth in 24 CFR §570.208); to support 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 (lousing and tqual 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 [GM16- 1510 - 203/142020/1] Page 5 of 44 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. R re do of Ree. rids. All records must be accurate, complete and orderly. Subrecipient shall retain all aceountrnsupport r dhownCDBGifundss,weaetise pendedidand a�oother documents, source documentation to of 2 CFR documents pertinent to the Project and this Agreement in accordance ti o eho re airs ements of period part 200 as modified by 24 CFR §570.502, plus a five (5) year begins on the date of the submission vities assisted the Ag eemoen one reported on Evaluation (CAPER) to HUD in which the acts 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 ben such Tof u ds litigation, claim, or audit that started before the expiration of the five (5) year period, must be kept until such litigation, claims, or audit findings have been resolved, after completed received final action taken; records for any displaced person must be kept f five cq years with these funds shall be final payment records for any real property and any 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 auam income after the period of perfarmance;rand City to extend the retention period; records program indirect cost rate proposals and cost allocation plans. 6. Monitorin and Ins ections/ and shall submit appropriate ixeport to the City. The progress of the Project covered by this Agreement City shall monitor Subrecipient's performance and financial and programmatic compliance. g uent Subrecipient shall allow on -site monitoring �rtime that facility and this required by HUD to determine a basis as the City deems necessary and any othe Y Eement. Subrecipient shall also furnish and cause compliance with CDBG regulations and this Agreement. each of its own subcontractors, if any, to furnish by information he City, HUD, or other authorized official or will permit access to its books, records and or designee for purposes of investigation to ascertain compliance with the rules, regulations, and provisions stated herein. made All files, records, and documents, Development meat financial statements and Department, any shall audtors, the available for review to the City's Economic p City's Office of Internal Audit, Comptroller General, and the right Inspector audit, and/or any f make authorized representatives, who shall have access transcripts or excerpts of any of the above ormal businesdocuments, hour wand any other related to the t'irrie�,equest d. meet any HUD requirements during n This right also includes timely and reasonable access to Subrecipient's personnel for the purpose of and be interviewing and discussion related to said documents. d it This same responsibil ty to ensurelthat imposed upon any third panty or subcontractor a any contract entered into with third parties contain all necessary clauses and language required by [GM16- 1510 - 203/192020/1] Page 6 of 44 5 f 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. j ud 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 heiCitclwithitsmannual financial statement within ninety federal awards. Subrecipient shall provide City (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 507), Audits shall bebconducted annually. Audit Act Amendments of 1996 (31 §§ (120) days of the Subrecipient shall submit its annual Subrelci to must and ear anylldeficiencies noted in the audit reports end of Subrecipient's fiscal year. p within 30 days after receipt of any noted deficiencies. e were not expended in accordance with the conditions of disbursed hereunder, or any portion thereof, not this Agreement, Subrecipient shall be held liable for reimbursement to the City of 3ll funds expended in accordance with of regulations on- compliance. Any within thirty Subrecipient shall not City has notified Subrecipient th preclude the City from taking any other of pursuing and mayiresult in the wcithholdinglof these audit requirements constitutes a vi future payments. If Subrecipient expends except than as not0ed �n 2 CFR §200.503 , fiscal year, must be they are exempt from this requirement, p or GAO. available for review or audit by appropriate officials of HUD, the City, (c) Subrecipient also agrees to allow the City's Internal Audit Department, or any of C the City's other departments or represeettaei�esof�is conduct any audits or Agreement or pursuant to any HUD request. � feels necessary at any time during the g program Income. Subrecipient 04, in a monthly report to report t Program he ity defined Economic required at 24 CFR §570.500 and 24 CFR §570.504, Development and Housing Department Documentation source of incometmust be Program fled to the City supporting schedules identifying the project within five (5) days of its receipt. At the end the transfer all CDBG Program Income to the City termination of this Agreement, Subrecipient within five (5) days of the expiration termination Agreement. Subrecipient Program Income after this Agreem ent expires or is terminated, Subrecipient shall immediately remit said Program Income balances to the as §570.503(e) ( five (5) days of receipt. If applicable, Subrecipient shall ferep ort of Program Income as set forth in the below section entitled "Reports ". orting Schedule 9. Mink, Subrecipient shall fiTQ�de the City's ficonomic with Developm.e nand Housing attached as Exhibit "F ". Subrecipient shall p 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) [GM16 -1510- 203/19202011] Page 7 of 44 name and address of each client served; (2) narrative statement of the ohpr provided to each client; selection of any contractors, utilization of MBE /WBE's, and (3) services 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 Exhibit "G-1", or but on such forms duties performed and by the Cih'' time allocated in the form attached hereto 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 loth of each month for activities conducted during the preceding month. The quarterly reports ecembert Annual eportsa e duebylOctober 15, 2018 for quarter for March, July, September, and activities conducted during the preceding year (Example: October 1, 2017 — September 30, 2018), 10. Reversion of Assets. The reversion of assets and use and disposition of real property rements and equipment under this Agreement 50s�a110 504, and §570.SOS,uas app cable, whF h §200.311 and §200.313, 24 CFR §570.502, § 570.503, §57 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 if or improved, in whole or in part, with CDBG funds in excess of $25,000, then the real property: IJ D 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 q p p above, P, b) if Subrecipient fails to use the property in accordance with paragraph (a) Subrecipient shall pay the attributable o ote penditu es of non- CDBG acquisition or any portion of the value attx improvement to the property. The payment shall be considered Program Income to the City. 11, Indirect—Olga. If applicable and requested by the City, Subrecipient shall develop an indirect cost allocation plan in accordance such plan toRthe City for detertnining the in a form specified by the of administrative costs and shall submit p City. This indirect cost allocation plan must be submitted before any funds will be disbursed under this Agreement. 12. Pa ment Pro edures/Reimbursement of Funds. This is a cost reimbursement agreement. reason ble and allowable costs described this Budget,nat ached hereto as Exhibit "D" and for reasonable, and allowab which Subrecipient y e with r Agreement, the City reimburse funds only after completion of the compliance ork and after d 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 Page 8 of 10M16-15)003/192020M 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 appropriate dd approved the Economic Development and Housing Department and after receipt and approval by pp City personnel of a "Request for Payment" which shall be in accordance with the Budget specifying billing in the expenses incurred. All Requests for Payment must be accompanied by adeq g 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 another source of from the City under this Agreement for under this Agreementto supplement rather than revenue and further agrees to utilize fun ds available supplant funds otherwise available. 13. :':'ithholdinn Pavm�. 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 ROUSING 1. 1'� a 'eo *O_ A •'Ti i as' les. eLi •1 o. . _'1 In accordance with 24 CFR §570.606, Subrecipient shall take all reasonable steps to minimize displaced displacement spe of e persons as a result of activities funded under this Agreement. Any p 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 2� implementing 6(c) governing regulations the Residential Ant 24 CFR §570.606(b); 2) the requirements Anti- displacement and Relocation requirements Plan n under 606(4) governing relocation policies Development Act; and 3) the ieq established by the City. Subrecipient provide advisory assistance, relocation benefits, and replacement dwelling units shall required by said xegu adonsrules,anddocuments. (families, individuals, businesses Subrecipient shall provide relocation assistance to persons nonprofit organizations and farms) are displaced a acquisition, rehabilitation, demolition or conversion of a CD BG ss ted roj ct Subrecipient shall comply with 24 §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. [M416-1510-203/192020/1) Page 9 of 44 SECTION 4: PERSONNEL AND PARTICIPANT CONDITIONS 1. TMscrimiflatian. 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 the ground of race, and Community Development Act of 1974, no person in the United States shall denied nd t benefits of, or color, national origin, religion, or sex, be excluded from participation 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, all solicitations ions or advertisements for employees state that Subrecipient is an. Equal Opportunity/Affirmative employer and attach this clause. Subrecipient shall keep records and documentation demonstrating compliance with these regulations. 3. a , e, c ih • .0 e . 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. [0AA 16.1510 -203! t92020/1 ] Page 10 of 44 4. IJtilizgtipn 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 abl establishing by small the businesses, and women's business enterprises; 4) 8 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, also tcamply with Executivee0 let, der the as affirmative steps listed in 1 -5. Subrecipien t shall 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 eaten be engaged. in the conduct olf polo a activities under hin Agreement, shall be in any way or to any violation of Chapter 15 of Title V, United States Code (Hatch Act) or 24 CFR §570.207(a)(3). 6. Anti- Lobbvin Provision._ Subrecipient shall comply with the requirements set forth in co31 ntractors U.S.C. §1352 and implementing award of $100,000 or 24 CFR Part 87. Subrecipient and any more shall execute and comply with the contractors who apply or bid for „ „ "Certification Regarding Lobbying" attached hereto catton Regarding Lobbying" and part o copy shall be reference. Subrecipient shall execute kept in the files of each of the parties of this Agreement. 7. Conflict of jjaeselt. In the procurement of supplies, equipment, construction, and services, Subrecipient shall comply with and interest rules in 2 of conduct R part 200. conflicts of agrees and warrants that it will establish adopt and the performance of its officers, employees, fitnds. agents At a gininimnm the these selection, safeguards award and administration of contracts supported by ensure that no employee, officer or agentparticipate e has a real or apparent conflict i l t administration of a a contract supported by a Federal award if he or r of his or her conflict of interest would arise when the an fwhich empioys,oxns aboutoxemploy any of immediate family, his or her partner, or organization the parties indicated in 2 CFR §200.318, has a act. financial or other interest in or a office's, employees, and agents of tangible ub�ec Subrecipient benefit from a firm considered for a must solicit nor accept t anything disciplinary contractors parti es to su bcontracts. These gratuities, of conduct must provide for actions to be applied for violations of such standards officers, eS agents of Sut t Subrecipient has a parent, afilia , o subsidiary orgarizationSubrec tpient must maintain Page 11 of 44 10M16-151003/192020/13 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 s §570.611. � Such tauindv'tduals, businesses, nd disposition of real property and the provision of assistance by private entities under eligible activities that authorize ally this such rule assistance. stattes thattnougpe this de cri does ita of intend to replace 24 CFR §570.611, §570.611(c) who exercise or have exercised any functions or responsibilities with respect to activities gain inside f with CDBG funds, and too these at to participate obtain a fin financial ial maldng benefit from a inside information with g CDBG assisted activity, or have an interest o� them contract, or those witlatwhona they have family or thereto, or the proceeds thereunder, business ties, during their tenure of for one year thereafter. The "persons" covered in 24 CFR ted officials §570.611(c) include employees, agents, consultaanfor of Subrecipientffst that are recoenving CDBG of the recipient or of any designated public agencies 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 employees, officers, executing this Agreement, Subrecipient an interest stn in this that the Property being or agents described in these regulations have any or the rehabilitated or any other interest which would conflict in any manner with this Agreement performance of the this Agreement. 8. o' If t e n _,d - Opportunity. Subrecipient shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. §1701u) t te� �orsl implementing regulations rsons and the of in lacal CFR Part 135 regarding economic opportunities if applicable. Subrecipient shall made a comply part thereof pby tthis sreferenee,e atnd requires a'll attached hereto as Exhibit "K" and p 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) ' ual treatment of . ro am i artici • ants and or() ram ben ficiaries. (1) Program aarticipants. 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 aaatorganization eolocal oon he basis of the organizafton's the Zeltgiaus character shall discriminate against or affiliation. (b) Se•aration of inherentl reli:ious activities. t Organizations religious activities, such as worship, religious the CDBG program may not engage in Y 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 Page 12 of 44 1 41 ' 1 A o (GM16-1510- 203/19202011} 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 thate expression of rel giousrbcl�efs,to�rel religious program funds will retain its independence, autonomy, character. Such organization will retain its tsl�sson,ein hiding the definition, practice, and governments, and may continue to carry out expression of its religious beliefs, provided that it � °g o Stinstruction, or prosel3'tization�Am °ng inherently religious activities, such as worship, other things, faith -based organizations may use space in their facilities to provide gCDBG-ffun ld services, without removing or altering religious art, icons, scriptures, or other religious o s s jmbols. In addition, aCDBG- funded religious organization its organization's lname� select its board members governance, and it may retain religious terms on a religious basis, and include religious references in its organization's mission statements and other governing documents. (d) Beneflciaries._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 � forlexpincitly religious activities. rizCDBG of structures to the extent that those straeture funds may be used for the acquisition, construction, tineligibleaactiv'ities under this part. only Whece a extent that those structures are used for conducting structure is used for both eligible and inherently fleliigiou cactivities, CDBG funds may not exceed and the cost of those portions of the acquisition, attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds. Sanctuaries, chapels, or other rooms that CDBG-funded C religious congregation uses as its principal place of worship, however, ineligible 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). de a drug-free workplace. 10. DruQ Free Work face. Subrecipient will ip988tand implementing regulations shall comply with the Drug -Free Workplace in 2 CFR Part 2429 regarding maintenance of a drug -free workplace. Subrecipient shall complete and comply with the "Certification Regarding Drug-Free Workplace shall ensure that h hereto as Exhibit "L" and made a part hereof by contracts, subcontracts, and provisions of the clauses in Exhibit "L" are included in all third party purchase orders that exceed ten thousand dollars complete this certification and a copy shall be ($10,000), so that the provisions will be binding upon each subcontractor or vendor. Subrecipient kept in the files of each of the parties of this Agreement. 11. Pro r_ ReQUire�`ens' Subrecipient agrees to comply and carry out all of its activities in accordance with the CDBG program requirements set forth in 24 CFR 570, subpartK. [GMNl6 -1 S10 203/192020/1) Page 13 of 44 12. ._, _ E :ct a • �n� ' u',at' it t a 0 i „ t §1,3601 -3620 and under ED. 11063. Subrecipient shall comply Housing as amended by Executive implementing regulations at 24 CFR Part , Order 12259 (Equal Opportunity in Housing) and their implementing regulations in 24 CFR Part 107. Executive Order 11063 prohibits discrimination h °dated facilities race, (il.e�housing,g rental, leasing, sale origin or or to be denied equal opportunity in housing other disposition of residential property). Subrecipient shall keep records demonstrating compliance with this provision. 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 Sus casino. Subrecipient shall comply with the debarment and 5 suspension requirements set forth in 24 CFR §570.609, which requires compliance with 2 lt ty hat and 2 CFR Part 2424. Subrecipient shall not enter into a contract with any person, agency or co s debarred, suspended or otherwii25491od12689, 1 or "Debarment and Suspension," which xsamade a part programs under Executive Order of this Agreement by reference. In r the rio CDBGatfunds will be provided into a contract or subcontre.ct reimbursement for the work with a debarred or suspended patty, the done by that debarred or suspended contractor or subcontractor. Subrecipient shall keep copi ies sheet debarment and suspension CFR part 2424 and a C °pY e documenting that th e federal debarment list was checkd 15. Florida Statutes Clearvvdat�h Cl Code r and Permits. Subrecipient Subrecipient shall with all laws of the State of Florida and with all licensing, registration, and other applicable laws and regulations governing their ability to administer the Program and the activities in the Project, 16. A een eat between City and IU1 . Subrecipient agrees that it shall be bound by the and such standard terms and conditions used in the CDBG the otaito theona Lions of other rules, regulations or requirements as H may this Agreement or subsequent to the execution of this Agreement by the parties hereto. 17. Fes for live of Facilities. Reasonable fees may be charged for the use of the facilities assisted with CDBG funds, but charges such as ex using the membership fees, s, which eirthihave the effect of precluding low - and moderate - income persons using 18. ism • Subrecipient � agrees tbase htt maintain / /www same21 ove pursuant to the Federal. System for Award Management ("SAM") (—� 109-282, as amended by section 6202(a) Funding Accountability and Transparency Act (FFATA), part 170. If of P.L. 110 -252 and the regulations implementing � so within ten (10) days5af the date Subxec pleat Subrecipient is not currently registered, it must Number executes this Agreement. A Dun and for llt Subrecipient all also complete (DUNS) sign the (h�vwvw nb.com) is required s� �conjunction cement and affidavit attached hereto as Exhibit Mrequired. with its execution of this Agr provide any supporting documentation, [GM 16-1510-203/192020/1] Page 14 of 44 19. t I r , s , : r ...- i It' f E,. i t a : . Subrecipient must , or disclose to the City all violations of Federal criminal law involving fraud, Failure to make required disclosures resultuur any of violations the potentially affecting the Federal award. Fa 31 remedies described in §200.338, includes Agreement, Subre cpieninwar�rants and ce t parthat nonsuch U.S.C. §3321). By executing this violations of federal criminal law exist that could potentially affect this award. SECTION 5: ENVIRONMENTAL 1 it 11i ' 1 • e s _' e e 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 or costs incurred. City staff will prepare the and environmental clearance before funds are expended is Subrecipient is not required to assume responsibility for initiation _ of an intergovernmental review h °f program pursuant to 24 CFR Part 58, nor responsibility However, Subrecipient is required to provide this program and its activities (24 CFR §570.604)• information about its activities in order for the City comply with posed activity so that the City may 58. Subrecipient shall submit to the City y evaluate this new information and conduct any further (45) days prior to Sony This not work. submitted to the City for approval at least forty-five Subrecipient also agrees to assist the City in addressing environmental issues that may arise during the City's review process. th all 2.. Environmental Protection. u Clean nt and its contractors §740 ell seq }ply win 306 applicable standards, orders or regulations of t 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 Pollution oNationtal Environmental Policy Act f 1969; et. seq. ); EPA regulations pursuant to CFR Part 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 Protectiali. Subrecipient shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. therO�ansfer of land regulations in 44 CFR or improved Parts 59 through 79 in regard to the sale, lease 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 rance all relevant and applicable provisions of 24 CFR §570.605 concerning the National cal Foodn wuh this Program. Subrecipient agrees that if any portion of the any property p Project is located in a special flood hazard area that flood insurance will be required by the City and must be provided. 5. I.& Base ead -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 Page 15 of 44 [GMI6.I5IQ- 203/192020/x] HUD Lead -Based Paint Regulations at 24 CFR §570.608, requires theResiden Residential Lead -Based Paint Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), 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 tesging, oslc further require that, depending on the amount of Federal funds applied to a property, paint 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. r d u :t, 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, Ei tents 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 City to be certification, report or communication the City that is determined by Y false, incomplete, misleading, or incorrect in any material manner; • at adICI ea (GMt 6 -1510- 2031192020111 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. EtundiallrAgaialligialigg. If Subrecipient commits an Event of Default or fails in and any way to comply with Federal or state statutes, ose additional conditions as described i terms CFR conditions of this Agreement, the City y p §204207. if the City determines that an of the following actions, including but additional conditions, the City may take one or (a) Temporarily withhold cash payment pending correction of the deficiency or more severe enforcement action by the City; 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; Wholly or partly suspend or terminate the award; Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and applicable regulations or recommend such proceedings be initiated by HUD; Withhold further federal awards for the project or program; or Take other remedies that -nay be legally available including but not limited to litigation, declaratory judgment, specific performance, damages, termination of the Agreement, or any other available remedies. 3 u Subrecipient and the City will comply with the noncompliance and termination, C�R511Cn ac ordanoe witteaddition CFR the remedies for non compliance in §200.338, in whole C or R §200.338 and .339, the City may suspend or terminate this Agreement 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 Page 17 of 44 (b) (c) (' M416-1510-203/192020/11 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. may also be In accordance with 2 CFR §200.339(a)(4), the Agreement forth the reason terminated by Subrecipient or the City with written notification setting 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. the All remedies shall be s shall not be and, construed the ed ats a wearrinvereof any other election of one or more remedies remedy the City may have available to it. 4. No Waiver. Failure of the City to declare a default shall not constitute a waiver er of any rights by the City. Furthermore, the waiver of any default by the City shall event be construed as a waiver of rights with respect to any other default, p ast 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 existenche of City e to be sued by third parties, or contained waiver or shall be construed as consent by t Y modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 2. Environmental Indemnitcatiori. Subrecipient shall n tea iy and eold he City harmless from any claim arising from, or in any way condition of the property where the and/or negotiating to a satisfactory conclusion claims cost of investigating, defending, made by environmental regulatory agencies, as well as all cleanup and property Page 18 of 44 [GM16- I510.203/19202011j 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. Ins brace. Without limiting Subreeipient'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 ($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. tO M 16 4 51 0.203119202011 } Page 19 of 44 4. I u insurance to protect fraud, theftt, , and physical damage nd shall purchase o 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. &Wawa Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City. 2. T Grant of V s This Agreement shall not be construed as granting or assuring or vesting any land use, zoning, development anyone assists. approvals, permission or rights with respect to property owned by Subrecipient or 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, shall employer/employee or joint venture partner between the City and Subrecipient. Thel f and/or reti be exempt from payment of all Unemployment � ntris an independent medical insurance and Worker's Comp ensation Insurance as p contractor. Subrecipient agrees at'onacknowledges insurance nd taxeshinc tiding but not limited to federal any and all applicable compensation, positions funded in whole or in part with income taxes and Social Security on the salary of any p CDBG funds. 4. a er ' ' ►,.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 toobeanv otldier covenants, competent provisions tnherein invalidity shall not affect the validity Y contained and all other parts shall nevertheless be in full force and effect. 5. gr a en ife on 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 statements subject whether written or verbal, are merged herein. Tis Agreement with only be modified in writing, signed by both of the parties hereto. 6. No ,c a. 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: Joe Riddle, Housing Manager Economic Development and Housing 112 S. Osceola Avenue Clearwater, FL 33756 James Dates Vice President I.O. Box 12019 St, Petersburg, FL 33733 Notwithstanding anything herein to the contrary, the Project all applicable federal, state and local laws and regulations. Page 20 of 44 7, Comp1i 'ith all La ._ shall be operated consistent with [GM16 -1510 203/19202011) i TN WITNESS WHEREOF their hands and seals this 3 ATTEST: By: 6ti1 Rosemarie Call, City Clerk �1 the partie hereto have executed these presents and have set ' day o L7-1 , 2017. CITY 01? CLEARWATER, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida By :- William B. Horne II, City Manager STATE OF FLORIDA COUNTY OF CLEARWATER THE FOREGOING CDBG AGREE 9.e .,b� r- 2017, by _E ® is personally known to me or identification. :vim; RONDA K LIEBERMAN 'i MY COMMISSION I GG066664 EXPIRES March 29, 2021 [0M16.1510203/192020/11 Vi►estCare ' u oast " da, Inc., a Florida n t co ` LC----- By: Title: Print Name: Date: C(j1'' 7 was acknowledged before me this, `A)ia-c. ,as CO r> who has produced �' 1day of Ile/She as APPROVED AS TO FORM for the use and reliance of the City of Clearwater, Florida, only. 2/ 17. Laura Mahony, Assistant City tme y Clearwater, Florida Page 21 '0 44 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 -I — Personnel Activity Report Exhibit H — Request for Payment Exhibit I — EEO Clause for SubrecipientsIContractors and Subcontractors — Standard Solicitation for Bid and Contract Language Exhibit 7 — Certification Regarding Lobbying Exhibit K — Section 3 Economic Opportunity Clause Exhibit L — Certification Regarding Drug -Free Workplace Requirements Exhibit M - Affidavit tOM16- 1510 - 243/192020/11 Page 22 of 44 Ei XJ1BtT `A'_'_ STANDARDS OF ELIGIBILITY PERSONS ELIGIBLE AND QUALIFIIEDATRO RECEIVE MUSING AND AS ESTABLISHED BY THE U.S. URBAN DEVELOPMENT (HUD) 2017 Person 2. Person Person 4- Person Person Person 7 Person Person 20,950 26,950 29,900 32,300 34,750 37,100 39,500 CDBG CONSIDERS INCOMES BELOW 50% TO BE LOW INCOME LOW INCOME 51 - 80% 33,520 38,320 43,120 47,840 51,680 55,520 59,360 63,200 CDBG CONSIDERS ANY INCOME BELOW 80% TO BE MODERATE INCOME [01+06- 1514 - 203/19202081 Page 23 of 44 f�E t t, is w XrJEIT "B!! RE I URED SUBRECIPIENT INFORMATION 1. Subrecipient name (which must match registered name in DUNS): Wes Care GulfCoast Florida Inc. 2. Subrecipient's DUNS number (see §200.32 Data Universal Numbering System (DUNS) number): 03M1123, 3. Subaward Period of Performance Start Date and End Date: 10/01/2017 to 9/30/2018 4. Amount of Federal Funds Obligated by this activity: 1� 1,496 5. Total Amount of Federal Funds obligated to subrecipient: 1 1,496 6. Federal award project description, ct (F required TA): to Funds wpl be used fore salaer alndFunding Accountability and Transparency benefits for a Case Man • er to im • lament A Turnip Point • ro• ram. 7. Name of Federal awarding agency, pass - through entity, and contact information for awarding official: U.S_ Department of Housing ng Director; a112D S eOsceola Avenue, Clearwater, Economic Development an d Housing 33756; (727) 562 -4032 g, CFDA Number and Name; the pass- through entity must identify the dollar amount made available under each Federal award Block FDnts(Ennumber t ment Chants me of disbursement: 14.218 Corn unit Development 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 (GMl6- 1510 - 2031192020111 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 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. [GM16- 1510- 203119202011] Page 25 of 44 Exhibit "D" BUDGET WestCare GulfCoast Florida, Inc. FY 2017 -2018 Project Type — CDBG Amount of Funding = $11,496 Services Funded [(MI6-1510403/192020M 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. general b. looks of Original Entry Cash receipts and disbursements journal, g ledger. Chart of Accounts — Listing of accounts must be maintained in the accounting system. a 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. Pa ro11 Records — Formal payroll records supporting cash disbursements to employees shall be maintained. All time sheets or personnel activity reports Page 27 of 44 [GM16 -1510 2031192020111 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. Prone Records — Subrecipient is required to maintain formal subsidiary records to control all CDBG program project property and equipment. Such records shall n nnualsinventory should be conduced and the books should property. An annual 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. [GM 16- 1510.203/192020 /1) Page 28 of 44 EXHIBIT "V" 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 � °tie services provided. and Such data shall include client name, address, household income, and such other i Such information shall be made available to City tion requeed by the City's Development and Housing Departrn ent. and/or HUD monitors or their designees under thisicontrac is pxivateii request. use or d sclosure of that client information collected un such information, when not directly connected with the administration of the City's or Subrecipient responsibilities under this Agreement personlreceeving services, and in the case aSe 1974 unless written consent is obtained a minor, that of a responsible parent/guardian. C. Upon fifteen (1 S) days not bhthe f City's oEconomic eested by the City for submission Department, Subrecipient shall provide 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 t as cases, soon as Subrecipient types of cored t ores become Development and Housing Department 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 un s by a ab4hed term periods. This disclosure shall be accompanied by statement � action contemplated and any assistance needed to resolve the situation. ules and 2. Favorable development or events, or producingtmoreCOrddifferent goals sooner or at less cost than anticipated t beneficial results than originally planned. Method of Payment: Payments shall be made on the basis of completed and Subrecipient. submission Subrecipient sha I submit as outlined in this Agreement between Y monthly Requests for Payment to the City's Economic Development and Housing Department in accordance with the following: 1. The City's Economic Development foractua expenditures Department authorize the as reimbursement of Subrecipient '�� the Economic expressed in Exhibit D hisorAdesigneet,may approve a variance with Development and Housing Director, regard to variable costs. [GM l 6.1510- 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 days Housing Department shall authorize reimbursement of approved expenditure requests within thirty ( ) y 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. 1GM16 -1510 203/19202(1111 Page 30 of 44 rwipownaerasWit 6, • lEXHIENT G City of Chtuvratar E to. Ilevt Cr. liftman Acr 4:ritylic"574rtrIEW 2017-2ent Nsmr: MIONI■IL,M-- .-----J:11 r LI-_,INNIIMOINIMMIIIIMPINI■INIIIIIIIIMIO-1.. --,.....111111.11 Illi1111111i , - '- 1.--11.11 ...----.. Amino ..... IMMO ..... PIMIIIIIIIMIIINIIIIIIIIINENNINIIIIIIINIIIINIIMMININNBINIIINI INII INN MEM RIJIMI MINIMUM MI MN BIII 01111111111N1 EN MIIIIIIIIIIIIMIIIIIIIINNI NI VII NEM MIN PPI MIMI Mill MUM NI NMI IIMINIIIIIIINIIIIIIII NM MIll NM MN MI= 1111111111111 MI MI MO 11,1111111111111111111111MINNIIIIMINNINNIN IIII MI MINIM MN TPA 111111111111111 NMI MI NM 111111111MIN 111111111111111MINIMMIll MN IFII •1111111111111111 1.111 MIMI MN OM orm I. In MINN 11111111111111N1111111111111111MI IFII 1111111111111111111111 MI INN MI MIMI IIIII NI --------- -- NMI MIMI III NIN11111111111111111NNIINININ NEM NW NIIIIIMIINNI MIMI MIMI NIIIIIIIIIIIIINIINI 1111111•111INNNIIIIIIII III IFII MN 1.11 MI ;11111111111111MHIMMENIEll R MEM MINIINIIIIIIIIIIIINIIIMIIIIINIIIIMIIIIMININNUMNINIIIMIIIIIINIINI BM NM MINN =NB IINCISSIMIESIS NMI NMI MENIO MR NOM= MS ISEINI =MUM NICER NIENINIDEIN IBIN lifirlaanal iiiirail 14:71=1 (Nu.: CUM aMiWka ttaad eArbahubibid ONAthad WOW ihm canaACirria plartlosardi4ACabaartG.Taidekroblured Own Ciimat H Yew Citeg.anaAl Tied Caulk Iambi Odba.411111(Witakdo *meg rftiarrMin CduynAll WA) a is be, nieriadterta. iouriaw.d tad ova 4,15"Ar=016Plefirtgrell0L'.4"IrINUIVI"ohnotgr".10,1■11=ZrM:-" ' '''''''' PM16-1510-203/192020/11 Pale 1 at] • -; ,...•. • • .. • • ,-. • •• Page 31 of 44 1 tun ar.e.5,3 EXHIBIT G City of Claarvrater Eco=u1=opratint ItilTo:try 07;:sant Financial Repoli. & impletrientati on 2altedul. WOW, ME MB MOM NM — NMI MIMI 1111111111 MEN MIN MEE NMI PON BMW •thva. keg $ aniou$14100041 MO. 114$$$W4$ 1$04".. C411 01, 4.4lSki.!;:".$$$parl anfylkeentamteescis 4140,14r.$4$1114quell Is Gorigee • not *need ihe laud adocaen fcct 11122,4$ Yen mit .i.grtor ite veges1.4 mammas. r44.$24 meatIne I 3,..1k$,Isme 1$4477,?■• ■$pry,:, 11 cans $.11 4.111t4 and ...1110441. $$$1.$: Ifler.S4 $57:44.13ta Crier re$1$.01.<11.01r1714$ 4,4$44$1.40....-.41na-MAIOL* [GM16-1510-203/192020/11 .;" --_,-,1.-TOVA-E9100MINEMEWEl= MEIN RIM 1111111111111111011111M111 ra MESE= 11111111111111111 NM MUM REMESEM1111111111111111111111111111MINIM 1111111111111111111111111111111111111111E1 mr-Lrintinsevrinrwiraminewe E.-a77"1-irMEDE20-0.• 0=Elmrtroro] 'amirolaurmumumusra miumIllionnummuumulesv plimmommusummemo 41 111111111.1111.11111111111111110Eg 1111111111111M111111111111111111EN 11111111■11111111111111111111111111111111111E1 -e---_-T,,----mnitorworsrunaireirrarsrgrerveria 0,74 Avr, PI-1u Page 32 of 44 Exhibit "GI" PERSONNEL ACTIVITY REPORT Employee's Name: Employee's Title: Week of: Sunday Monday Tuesday Wednesday Thursday Friday Saturday Time allocation Total Description of Program Duties: Week of: Sunday Monday Tuesday Wednesday Thursday Friday Saturday Total Time allocation Description of Program Duties: Week of: Sunday Monday Tuesday Wednesda Thursday Friday Saturday Total Time allocation Description of Program Duties: Week of: MEV Sunday Monday Tuesday Wednesday Thursday Friday Saturday Total Time allocation Description of Program Duties: Week of: Time allocation Description of Program Duties: [0M 1 b -1 s 1 0 -20311 920 2 011 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. Fours should snatch 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. (0416-15t0-203/192020/11 Page 34 of 44 Poon Reece& r170.72. 017 EXHIBIT H cw or CLEARWATIsa Economic Dovolopiniud & Housing Insportrnent Homing ohlaca Consoiirlated Aolion Pion FY2Eri7-2048 Request for earoef.lt VINAINISIN or enema Date pea WIO} ID"olWilou MIRO Chock Paysido Ise rotes 4 V;;;VI We request parnentrorthe atraelted uwor000. as provided tor In doe lams Oraur cardiac! odUi Ody or Ciesavalst, aided MALIMM.. We merely 013 the beate urncY&4ed twehVe com9Ged son et epperabloteder een Jogai tJeci. roliolatoro$ and ordrameo• %alley Woo •4sme aid -ride Aulmordteil elgrieture Una MOM Inrchone mut euppoding documents nixing sourcw Approvers intate: cote: [GM 16-1510-2W/192020M Page 35 of 44 EXHIBIT "I" u'LIYDl_►. CONTRACTORS AND SUBCONTRACTORS STANDARD SOLICITATION FOR BID AND CONTRACT LANGUAGE— ►,f A. Equal Opportunity C ause: 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 ofLabor. 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. [GM16•I510 243/r92020t1J 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 If, 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. (GM16 -1510- 203!192020111 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 $10,000 and not more than $100,000 for each such failure. ATTEST: (CORPORATE SEAL) WestCare GulfCoast Florida, Inc. 1 - i 8 -- i -1 By: Date [GM16- 1510- 203/19202W11 Frank Rabbito, COO 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. [GMI6- 1510- 203/19202011 1 Page 39 of 44 E'iXHIBiT "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 Page 40 of 44 [GM 16 -1 S 1 0- 2 03 /1 9202 011 ] for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; P. 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. pm 16-1510-203/192020/1] Page 41 of 44 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name of Subrecipient: WestCare GulfCoast Florida. Inc. Program Name: A Turning Point Grant : Community Development Block Grant Date: October L 2017 through September 30.2018 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): 1801 5th Avenue North, St, Petersburg, FL 33713 Check if there are work places on file that are not identified here. ATTEST:3 luti.do.UIGn IJ�JL CG C. oiGl 1- U GV1 Y• erc �l��httr iat [GM 16-1510-203/192020111 WESTC ' FCOA$T FLORIDA, INC. By: Print Name/Title: Ftot d ec. £ b k>/c..00 Eu b Date: IJ(5 /l7Sr�`� Page 42 of 44 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name of Subrecipient: WestCare GulfCoast Florida, Inc. Program Name: A Turning Point Grant : Community Development Block Grant Date: October 1.2017 through September 30.2018 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): 1801 5th Avenue North, St. Petersburg, FL 33713 Check if there are work places on file that are not identified here. ATTEST: -17_N c- lAiY .k>% 6140 tAA h c, n WLGC� aGI�- C �c �v t-,k . care -i-kru �- c, 1 jab 17 [GM 16 -I510- 203/192020/11 WESTCARE GULFCOAST FLORIDA, INC. By: Print Name!Title: Pt_ 64), )v / Ee_- *J 4 Date: �S«� 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 (Le. 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. (GM16 -E510- 203/192020/11 Page 43 of 44 I,',cam44 s S. S7e miatiaint 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 WestCare GulfCoast Florida, 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 WestCare GulfCoast Florida, 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. Signs a of President Executive rector/Board Chair Rs c / 4R a .�r N/3 6/? - Printed Name of President/Executive Director/Board Chair STATE OF FLORIDA. TC.r nGS5` COUNTY OF PINELLAS 'Sc rsot The foregoing Affidavit was acknowledged before me this CO day of S a.hembe.0 201x%, by 9.:%c)..,04-19. I. Slce:,�s.� as Q ce, �iN AJC-S- O of WestCare GulfCoast Florida, Inc. and is personally known to me or has produced TN 11u�3 a,._. as identification. [4M16- 1510 - 203/192020/1] ol"ary Public My Commission Expires: Page 44 of 44