COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT (2)COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AGREEMENT BETWEEN THE
CITY OF CLEARWATER, FLORIDA AND MIRACLES OUTREACH COMMUNITY DEVELOPMENT
CENTER, 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 P.O. Box
4748, Clearwater, Florida 33758, (hereinafter referred to as the "City"), and Miracles Outreach
Community Development Center, Inc., a Florida non-profit corporation, with a principal address of
13133 Saint Francis Lane, Thonotosassa, FL 33592 (hereinafter referred to as "Miracles Outreach" or
"Subrecipient").
WITNESSETH:
WHEREAS, the Community Development Block Grant Program ("CDBG") is administered
by the United States Department of Housing and Urban Development ("HUD");
WHEREAS, the City is an entitlement community that receives CDBG funds awarded under
the Housing and Community Development Act of 1974, in furtherance of its goal of promoting
community development and improvement of public facilities, as further detailed in the Consolidated
Plan for Housing and Community Development Programs 2016-2020;
WHEREAS, Miracles Outreach is a private non-profit corporation that provides safe, secure
and nurturing environments for at -risk youths, especially those who have been rescued from human
trafficking;
WHEREAS, Miracles Outreach submitted a proposal to utilize $96,270 in FY 2018-2019
CDBG funds to enable Miracles Outreach to rehabilitate a Fresh Start residence that provides 6 beds
for homeless and foster youth located at 1002 Marshall Street, Clearwater, FL 33755;
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, Miracles Outreach has available the necessary qualified personnel, facilities,
materials and supplies to perform such services and/or carry out such programs for these residents,
who are eligible and qualified to receive said services and are within the income limits for low- and
moderate -income persons as defined by HUD and adjusted annually, and which current income levels
are attached hereto as Exhibit "A" and incorporated herein by reference.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and for other good and valuable consideration, the sufficiency and receipt whereof being hereby
acknowledged, the City and Miracles Outreach agree as follows:
SECTION l: SCOPE OF SERVICES AND USE OF FUNDS
1. Recitals. The recitals set forth above are true and correct and are incorporated herein and
made a part of this Agreement.
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2. National Objectives and Use. Subrecipient certifies that the activities carried out with the
funds provided under this Agreement will meet the CDBG program national objective of benefiting
low- and moderate -income persons as required under 24 CFR §570.200(a)(2) and 24 CFR
§570.208(a)(2).
3. The Grant. Under the terms and conditions of this Agreement, the City has allocated a
subaward to Subrecipient in the amount of NINETY-SIX THOUSAND TWO HUNDRED
SEVENTY DOLLARS AND 00/100 CENTS ($96,270.00) in FY 2018-2019 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 Miracles Outreach
Community Development Center, 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.
,Statement of Work/Program and Project Description. Subrecipient provides safe, secure
and nurturing environments for at -risk youths, especially those who have been rescued from human
trafficking. The subrecipient will rehabilitate a Fresh Start Residence located at 1002 Marshall Street,
Clearwater, FL 33755; rehabilitation includes a new roof, kitchen remodel, bathrooms remodel, new
flooring and air conditioning, paint, windows and landscaping. The Fresh Start Residence provides
living space for 6 homeless and foster youth who are presumed 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 "0"
and made a part hereof by this reference.
4. Goals and Performance Measures: Implementation Schedule. Subrecipient agrees to
work diligently towards the completion of the Project and complete the Project by March 31, 2020. By
November 1, 2019, 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.
5. 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.
6. Expenditure of Funds/Budget. Subrecipient shall use the grant proceeds for eligible
expenses permitted under the CDBG regulations as set forth in 24 CFR part 570 and in accordance
with the Budget attached hereto as Exhibit "D" and made a part hereof by this reference. Any changes
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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 $96,270.00. Subrecipient shall not use any CDBG funds for prohibited activities as
set forth in 24 CFR §570.207. Notwithstanding anything to the contrary in this Agreement, the City
also reserves the right to request and approve documentation supporting any requests for
reimbursement to verify the reasonableness and validity of such costs and said Budget may be modified
by the City accordingly. Subrecipient acknowledges and agrees that any funds not used in accordance
with permitted CDBG regulations and the Budget must be repaid to the City.
7. Term. This Agreement shall be in effect for the period commencing July 24, 2019 and
terminating on March 31, 2020. Costs may not be incurred after March 31, 2020. Notwithstanding
anything herein to the contrary, Subrecipient's obligations to the City shall not end until all close-out
requirements are completed, including, but not limited to, such things as making final payments,
disposing of program assets, and retention of records. Also, notwithstanding the foregoing, the term of
this Agreement and the provisions herein shall be extended to cover any additional time period during
which Subrecipient remains in control of CDBG funds or other assets, including Program Income or
for any HUD audits requiring repayment of any funds unlawfully spent under this Agreement.
SECTION 2: ADMINISTRATIVE REQUIREMENTS
1. Applicable Laws and Regulations. Subrecipient shall comply with the requirements
of the Housing and Community Development Act of 1974, as amended, all CDBG program
requirements, 24 CFR Part 570, and other laws and regulations and regulatory guidance governing the
use of these funds, whether set forth herein or not, and any amendments or policy revisions thereto
which shall become effective during the term of this Agreement. It is Subrecipient's responsibility to
read, understand, and comply with these laws and regulations. In addition,
Subrecipient shall abide by any and all other applicable federal or state laws, rules, regulations, HUD
guidance, and policies governing the funds provided under this Agreement, whether presently existing
or hereafter promulgated. Subrecipient shall also comply with all other applicable federal, state or local
laws, statutes, ordinances, rules and regulations.
2 Uniform Administrative Requirements and Cost Principles. Subrecipient shall
comply with the uniform administrative requirements specified at 24 CFR §570.502 and §570.610.
Subrecipient also agrees to comply with the provisions of the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements set forth in 2 CFR part 200 and adopted by HUD at 2 CFR
part 2400. Although 2 CFR part 200 addresses many requirements, some of the items it addresses
includes, but is not limited to, standards for financial and program management, property and
procurement standards, performance and financial monitoring and reporting, subrecipient monitoring
and management, record retention and access, remedies for noncompliance, FFATA, and closeout.
Subrecipient is aware and acknowledges that 2 CFR part 200 and 2 CFR part 2400 are recent regulatory
changes to the administrative requirements and HUD is in the process of developing guidance on their
specific requirements. Although this may change the administrative requirements set forth herein,
Subrecipient will comply with whatever guidance HUD requires. Subrecipient also agrees to adhere to
the accounting principles and procedures required therein, utilize adequate internal controls, maintain
necessary source documentation for all costs incurred, and submit an indirect cost allocation plan, if
such plan is required. Subrecipient also agrees to comply with the Program Requirements set forth in
Exhibit "E" which is attached hereto and incorporated herein by this reference.
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3. Procurement/Subcontracting/Third Party Contracts. If Subrecipient hires
contractors, Subrecipient shall procure all material, property, or services in accordance with state and
local requirements and the requirements of 2 CFR §200.318-§200.326. Third parties may be procured
for a variety of services. Subrecipient shall insure that all subcontracts let in the performance of this
Agreement shall be awarded on a fair, full, and open competition basis in accordance with applicable
procurement requirements and secure at least three (3) price quotes or bids, as applicable. Subrecipient
shall incorporate in any and all bid documents and contracts with third parties the provisions required
in 2 CFR §200.326 including, but not limited to, provisions which will obligate each of its
subcontractors to comply with all notices pertaining to HUD guidelines such as bidding procedures,
Davis Bacon, Equal Employment Opportunity requirements, Section 3 requirements, all affirmative
action laws, nondiscrimination requirements, anti -kickback requirements, federal labor standard
provisions, and lobbying prohibitions issued by various federal agencies applicable to the CDBG
program. Subrecipient shall not enter into any subcontract with any entity, agency or individual in the
performance of this Agreement without the written consent and approval of the City's Economic
Development and Housing Department prior to execution of the agreement or contract. Subrecipient
agrees to furnish to the Economic Development and Housing Department a copy of each third party
contract it enters into an agreement with for the performance of work to be undertaken within the scope
of this Agreement along with documentation concerning the selection process. The lowest and most
responsive bidder shall be recommended by Subrecipient to the City's Economic Development and
Housing Department. Subrecipient shall require and monitor compliance by all contractors,
subcontractors and other third parties. Subrecipient will monitor all subcontracted services on a regular
basis to assure contract compliance. Results of monitoring efforts shall be summarized in the monthly
report. The City shall not be obligated or liable hereunder to any party Subrecipient enters into
agreements with for the Project.
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4. Records to be Maintained. Subrecipient shall maintain all records required by 2 CFR
part 200, 24 CFR §570.506, and 24 CFR §570.502 regarding records that must be maintained for the
Project. Such records shall include but are not limited to:
a.) Records providing a full description of each activity undertaken and its CDBG eligibility,
including its location, and the amount of CDBG funds budgeted, obligated, and expended
for the activity;
b.) Records demonstrating that each activity undertaken meets one of the national objectives
of the CDBG program (i.e. the criteria set forth in 24 CFR §570.208); to support activities
by a limited clientele, Subrecipient must obtain data showing the family size and annual
income of each person receiving the benefit and that at least 51% of those served are low -
and moderate -income persons;
c.) Records required to determine the eligibility of activities;
d.) Records for each activity carried out for the purpose of providing or improving services
and programs which is determined to benefit low- and moderate -income persons
including the total cost of the activity, including both CDBG and non-CDBG funds and
the size and income and eligibility of each person or household;
e.) Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
f.) Records which demonstrate compliance with the requirements in 24 CFR §570.505
regarding any change of use of real property acquired or improved with CDBG
assistance;
g.) Records that demonstrate compliance with citizen participation requirements;
h.) Records which demonstrate compliance with requirements in 24 CFR §570.606 regarding
acquisition, displacement, relocation, and replacement housing;
i.) Records documenting compliance with all Fair Housing and Equal Opportunity
regulations;
j.) Financial records that document all transactions and that can be properly documented and
audited, as required by 24 CFR §570.502 and 2 CFR part 200;
k.) Records and agreements related to lump sum disbursements to private financial
institutions for financing rehabilitation as prescribed in 24 CFR §570.513;
1.) Other records necessary to document compliance with Subpart K of 24 CFR part 570;
m.) Copies of all bid documents, bids received, Requests for Proposals, Requests for
Qualifications, and any other procurement documents;
n.) Copies of all third party or subcontracts; and
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o.) Detailed records of Subrecipient's organization, financial and administrative systems, and
the specific CDBG-funded project or activities.
Please note that the above descriptions are brief and provide only a summary of the records
Subrecipient is required to maintain. Subrecipient agrees to consult 2 CFR part 200 and 24 CFR
§570.506 for a detailed description of the required records.
5. Retention of Records. All records must be accurate, complete and orderly. Subrecipient
shall retain all accounting records, financial records, statistical records, supporting documents, source
documentation to support how CDBG funds were expended, and all other documents pertinent to the
Project and this Agreement in accordance with the requirements of 2 CFR part 200 as modified by 24
CFR §570.502, plus a five (5) year retention period. This retention period begins on the date of the
submission of the City's Annual Performance and Evaluation Report (CAPER) to HUD in which the
activities assisted under the Agreement are reported on for the final time.
Notwithstanding the above, 2 CFR §200.333 states that Subrecipient may need to keep the
records for longer if they fall into one of the following exceptions: if any records are the subject of any
litigation, claim, or audit that started before the expiration of the five (5) year period, then such records
must be kept until such litigation, claims, or audit findings have been resolved, completed and final
action taken; records for any displaced person must be kept for five (5) years after he/she has received
final payment; records for any real property and any equipment acquired with these funds shall be
retained for five (5) years after final disposition; if Subrecipient is notified by the City, HUD, its
cognizant agency for audit, its oversight agency for audit, its cognizant agency for indirect costs, or the
City to extend the retention period; records for program income after the period of performance; and
indirect cost rate proposals and cost allocation plans.
6. Monitoring and Inspections/Access to Records. Subrecipient shall monitor the
progress of the Project covered by this Agreement and shall submit appropriate reports to the City. The
City shall monitor Subrecipient's performance and financial and programmatic compliance. Subrecipient
shall allow on-site monitoring of the Subrecipient's facility and this Project on as frequent a basis as the
City deems necessary and at any other time that may be required by HUD to determine compliance with
CDBG regulations and this Agreement. Subrecipient shall also furnish and cause each of its own
subcontractors, if any, to furnish all information and reports required hereunder and will permit access
to its books, records and accounts by the City, HUD, or any other authorized official or designee for
purposes of investigation to ascertain compliance with the rules, regulations, and provisions stated
herein.
All files, records, and documents, including financial statements and data, shall be made
available for review to the City's Economic Development and Housing Department, any auditors, the
City's Office of Internal Audit, Comptroller General, HUD, the Inspector General, and/or any of their
authorized representatives, who shall have access to and the right to audit, examine, inspect, make
transcripts or excerpts of any of the above records, documents, or papers related to the Project or to meet
any HUD requirements during normal business hours and any other reasonable time requested. This right
also includes timely and reasonable access to Subrecipient's personnel for the purpose of interviewing
and discussion related to said documents. This same right to review and access will be imposed upon
any third party or subcontractor and it is Subrecipient's responsibility to ensure that any contract
entered into with third parties contain all necessary clauses and language required by the City and/or
HUD to ensure compliance with this Agreement and with all federal, state, and local laws and
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regulations. This section shall survive termination of this Agreement.
7. Audits and Financial Statements.
(a) Subrecipient shall comply with 2 CFR part 200 Subpart F — Audits. In accordance with 2
CFR §200.510, Subrecipient shall prepare financial statements and a schedule of expenditures of federal
awards. Subrecipient shall provide the City with its annual financial statement within ninety (90) days
of the end of its operating year. This financial statement shall be prepared by an actively licensed public
accountant.
(b) In addition, if expending more than $750,000 of Federal awards during an operating year,
Subrecipient shall comply with the audit provisions contained in 2 CFR subpart F and the Single Audit
Act Amendments of 1996 (31 U.S.C. §§7501-7507). Audits shall be conducted annually. Subrecipient
shall submit its annual audit to the City and within one hundred twenty (120) days of the end of
Subrecipient's fiscal year. Subrecipient must clear any deficiencies noted in the audit reports within 30
days after receipt of any noted deficiencies. In the event the audit shows that the entire funds disbursed
hereunder, or any portion thereof, were not expended in accordance with the conditions of this
Agreement, Subrecipient shall be held liable for reimbursement to the City of all funds not expended in
accordance with those regulations and Agreement provisions within thirty (30) days after City has
notified Subrecipient of such non-compliance. Any reimbursement by Subrecipient shall not preclude
the City from taking any other action or pursuing other remedies. Failure to comply with these audit
requirements constitutes a violation of the Agreement and may result in the withholding of future
payments. If Subrecipient expends less than $750,000 in federal awards during its fiscal year, they are
exempt from this requirement, except as noted in 2 CFR §200.503, but records must be available for
review or audit by appropriate officials of HUD, the City, or GAO.
(c) Subrecipient also agrees to allow the City's Internal Audit Department, or any of the
City's other departments or representatives, to conduct any audits or financial monitoring the City feels
necessary at any time during the term of this Agreement or pursuant to any HUD request.
8. Program Income. Subrecipient shall report all Program Income, as defined and
required at 24 CFR §570.500 and 24 CFR §570.504, in a monthly report to the City's Economic
Development and Housing Department. Documentation of the receipt of Program Income, such as
supporting schedules identifying the project and the source of income, must be submitted to the City
within five (5) days of its receipt. At the end of the program year or upon expiration or earlier
termination of this Agreement, Subrecipient shall transfer all CDBG Program Income to the City
within five (5) days of the expiration or termination of this Agreement. If Subrecipient receives any
Program Income after this Agreement expires or is terminated, Subrecipient shall immediately remit
said Program Income balances to the City as required in 24 CFR §570.503(c) within five (5) days of
receipt. If applicable, Subrecipient shall file reports of Program Income as set forth in the below section
entitled "Reports".
9. Reports. Subrecipient shall file reports in accordance with the Reporting Schedule
attached as Exhibit "F". Subrecipient shall provide the City's Economic Development and Housing
Department with monthly, quarterly, and annual reports concerning the progress made on the Project,
in the form attached hereto as Exhibit "G-2". The report shall include the following information: (1)
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name and address of each client served; (2) narrative statement of the services provided to each client;
selection of any contractors, utilization of MBE/WBE's, and (3) such other information as may be
considered appropriate by the City, such as client data demonstrating client eligibility including, but
not limited to, ethnicity, race, gender, age, head of household, income level, or other basis for
determining eligibility. Subrecipient shall also submit the demographic information as to gender and
race and income on the Report attached as Exhibit "G". Subrecipient shall also file a Personnel
Activity Report for personnel activities including but not limited to duties performed and time allocated
in the form attached hereto as Exhibit "G-3", or on such forms provided by the City. Subrecipient
shall also file and report on such other information as may be considered appropriate by the City.
The monthly report shall be due on the 15th of each month for activities conducted during the preceding
month.
10. Reversion of Assets. The reversion of assets and use and disposition of real property
and equipment under this Agreement shall be in compliance with the requirements of 2 CFR
§200.311 and §200.313, 24 CFR §570.502, §570.503, §570.504, and §570.505, as applicable, which
include but is not limited to the following:
1. Subrecipient shall transfer to the City any CDBG funds or Program Income on hand at the
time of expiration or termination of this Agreement and any accounts receivable attributable to the use
of CDBG funds as required by 24 CFR §570.503 (b)(7); and
2. If this Agreement involves real property under Subrecipient's control that was acquired or
improved, in whole or in part, with CDBG funds in excess of $25,000, then the real property:
a) shall continue for a period of five (5) years following the expiration of this Agreement to
be used to meet one of the CDBG national objectives cited in 24 CFR §570.208; or
b) if Subrecipient fails to use the property in accordance with paragraph (a) above,
Subrecipient shall pay the City an amount equal to the current fair market value of the property less
any portion of the value attributable to expenditures of non-CDBG funds for the acquisition or
improvement to the property. The payment shall be considered Program Income to the City.
11. Indirect Costs. If applicable and requested by the City, Subrecipient shall develop an
indirect cost allocation plan in accordance with 2 CFR part 200 for determining the appropriate share
of administrative costs and shall submit such plan to the City for approval in a form specified by the
City. This indirect cost allocation plan must be submitted before any funds will be disbursed under this
Agreement.
12. Payment Procedures/Reimbursement of Funds. This is a cost reimbursement
agreement. Reimbursement of funds under this Agreement may be requested only for necessary,
reasonable, and allowable costs described in the Budget, attached hereto as Exhibit "D" and for which
Subrecipient has made payment. Upon compliance with the terms of this Agreement, the City will
reimburse funds only after completion of the work and after receipt and approval by appropriate City
personnel of the "Request for Payment" form (to be printed on Subrecipient's letterhead) attached
hereto as Exhibit "H". Requests for Payment shall be submitted no more frequently than once a month
and shall be in accordance with the Budget specifying the services performed and expenses incurred.
Upon compliance with the terms of this Agreement, the City will reimburse funds to Subrecipient for
the Project after the completion of the work has been verified and approved by the Economic
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Development and Housing Department and after receipt and approval by appropriate City personnel
of a "Request for Payment" which shall be in accordance with the Budget specifying the expenses
incurred. All Requests for Payment must be accompanied by adequate billing documentation of
payment for eligible expenses (i.e. invoices, costs, receipts, bills from vendors, copies of checks, lien
waivers, affidavits, applications, certifications, time sheets) and other supporting documentation the
City may request. Requests for Payment shall include adequate documentation of expenditures and all
other information described in Exhibits "E — G-3", attached hereto and incorporated herein by
reference. No interest shall be earned on grant proceeds. All Requests for Payment submitted to the
City must be signed by an authorized signatory of Subrecipient and certified in accordance with 2 CFR
§200.415. Notwithstanding anything to the contrary in this Agreement, the City also reserves the right
to request and approve documentation supporting any Requests for Payment to verify the
reasonableness and validity of such costs and such Budget may be modified by the City accordingly.
Notwithstanding anything herein to the contrary, Subrecipient shall not request payment
from the City under this Agreement for any portion which has been paid from another source of
revenue and further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
13. Withholding Payments. The City's obligation to reimburse Subrecipient is
conditioned on Subrecipient's full compliance with this Agreement. A breach of this Agreement is
grounds for non-payment by the City.
SECTION 3: DISPLACEMENT, RELOCATION, ACQUISITION, AND
REPLACEMENT OF HOUSING
1. Displacement. Relocation. Acquisition and Replacement of Housing. In accordance with
24 CFR §570.606, Subrecipient shall take all reasonable steps to minimize the displacement of persons
as a result of activities funded under this Agreement. Any persons displaced shall be provided with
relocation assistance to the extent permitted and required under applicable regulations. Subrecipient
shall comply with 1) the Uniform Relocation Assistance and Real Property Acquisitions Policies Act
of 1970, as amended (URA), and the implementing regulations at 49 CFR Part 24 and 24 CFR
§570.606(b); 2) the requirements of 24 CFR §570.606(c) governing the Residential Anti- displacement
and Relocation Assistance Plan under section 104(d) of the Housing and Community Development
Act; and 3) the requirements in 24 CFR §570.606(d) governing relocation policies established by the
City. Subrecipient shall provide all notices, advisory assistance, relocation benefits, and replacement
dwelling units as required by said regulations, rules, and documents. Subrecipient shall provide
relocation assistance to persons (families, individuals, businesses nonprofit organizations and farms)
that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion of a CDBG
assisted project. Subrecipient shall comply with 24 CFR §570.606 and shall keep all records
demonstrating compliance with these requirements including, but not limited to, those records required
in 24 CFR §570.506.
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SECTION 4: PERSONNEL AND PARTICIPANT CONDITIONS
1. Non -Discrimination. Subrecipient shall at all times comply with sections 104(b), 107
and 109 of the Housing and Community Development Act of 1974, as amended, and 42 U.S.C.
§5309,et. seq., 24 CFR §570.602 and 24 CFR Part 6. In accordance with Section 109 of the Housing and
Community Development Act of 1974, no person in the United States shall on the ground of race, color,
national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, any program or activity funded in whole or in part with CDBG funds.
Subrecipient shall also comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d, et seq.)
(Non-discrimination in Federally -assisted Programs) and implementing regulations in 24 CFR Part 1.
Title VI provides that no person in the United Sates shall on the grounds of race, color or national origin
be excluded from participation in, be denied benefits of, or be subject to discrimination under any
program or activity receiving federal financial assistance. HUD's Title VI regulations specify types of
prohibited discrimination. Subrecipient must not, for example, based on race, color, or national origin
deny a person housing or services; provide different housing or services than those provided others;
subject a person to segregation or separate treatment in the receipt of housing or services; use different
admission or eligibility requirements for housing or services; or select a housing site or location with the
purpose or effect of excluding or denying benefits to persons in protected classes.
Subrecipient shall also not discriminate on the basis of age under the Age Discrimination Act of
1975 (42 U.S.C. §6101, et. seq.) and the implementing regulations contained in 24 CFR Part 146, or
on the basis of disability as provided in Section 504 of the Rehabilitation Act of 1973, and the
implementing regulations contained in 24 CFR Part 8. Any contracts entered into by Subrecipient shall
include a provision for compliance with these regulations. Subrecipient shall keep records and
documentation demonstrating compliance with these regulations.
2. Equal Employment Opportunity. Subrecipient shall comply with 24 CFR §570.607,
Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (Equal
Employment Opportunity Programs), and Executive Order 13279 (Equal Protection of the Laws for Faith
Based Community Organizations) and the implementing regulations in 41 CFR Part 60, and the
provisions of the Equal Employment Opportunity Clause attached hereto as Exhibit "I", and made a
part hereof by this reference. Any contracts or subcontracts entered into by Subrecipient or its contractors
shall also require compliance with these regulations and will, in all solicitations or advertisements for
employees state that Subrecipient is an Equal Opportunity/Affirmative Action employer and attach this
clause. Subrecipient shall keep records and documentation demonstrating compliance with these
regulations.
3. Handicapped Accessibility Requirements. Subrecipient shall comply with the
Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151-4157), the Uniform Federal Accessibility
Standards, as set forth in 24 CFR §570.614, the Americans with Disabilities Act of 1990 (42 U.S.C.
§12131) and its implementing regulations in 28 CFR Parts 35 and 36, Section 504 of the Rehabilitation
Act of 1973 and the implementing regulations in 24 CFR Part 8, and all state and local laws requiring
physical and program accessibility to people with disabilities. Any contracts entered into by
Subrecipient shall include a provision for compliance with these regulations. Subrecipient shall keep
records demonstrating compliance with these regulations.
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4. Utilization of Minoritv/Women's Business Enterprises. Subrecipient must take all
necessary steps to ensure that minority/women's business enterprises are used when possible,
including for consideration for participation in all construction, supply or service contracts or in the
performance of this Agreement. Affirmative steps include those items required in 2 CFR §200.321
which include 1) placing qualified small and minority businesses and women's business enterprises
on solicitation lists; 2) assuring that small and minority businesses and women's business enterprises
are solicited whenever they are potential sources; 3) dividing total requirements, when economically
feasible, into smaller tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises; 4) establishing delivery schedules where the
requirement permits which encourage participation by small and minority businesses, and women's
business enterprises; 5) using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the Department
of Commerce; and 6) requiring the prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in 1-5. Subrecipient shall also comply with Executive Order 11625, as amended by
Executive Order 12007 (Minority Business Enterprises); Executive Order 12432 (Minority Business
Enterprise Development); and Executive Order 12138, as amended by Executive Order 12608
(Women's Business Enterprise). Any contracts entered into by Subrecipient shall include a provision
for compliance with these regulations. Subrecipient shall keep records demonstrating compliance with
this provision.
5. Political Activities. Subrecipient shall comply with 24 CFR §570.207(a)(3) regarding
political activities. CDBG funds shall not be used for lobbying or political patronage activities.
Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement,
shall be in any way or to any extent be engaged in the conduct of political activities in violation of
Chapter 15 of Title V, United States Code (Hatch Act) or 24 CFR §570.207(a)(3).
6. Anti -Lobbying Provision. Subrecipient shall comply with the requirements set forth
in 31 U.S.C. §1352 and implementing regulations at 24 CFR Part 87. Subrecipient and any contractors
who apply or bid for an award of $100,000 or more shall execute and comply with the "Certification
Regarding Lobbying" attached hereto as Exhibit "J" and made a part hereof by this reference.
Subrecipient shall execute the "Certification Regarding Lobbying" and a copy shall be kept in the files
of each of the parties of this Agreement.
7. Conflict of Interest. In the procurement of supplies, equipment, construction, and
services, Subrecipient shall comply with the conflict of interest rules in 2 CFR part 200. Subrecipient
agrees and warrants that it will establish and adopt written standards of conduct governing conflicts of
interest and the performance of its officers, employees, or agents engaged in the selection, award and
administration of contracts supported by these federal funds. At a minimum these safeguards must
ensure that no employee, officer or agent must participate in the selection, award, or administration of
a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties
indicated in 2 CFR §200.318, has a financial or other interest in or a tangible personal benefit from a
firm considered for a contract. The officers, employees, and agents of Subrecipient must neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
These standards of conduct must also provide for disciplinary actions to be applied for violations of
such standards by officers, employees, or agents of Subrecipient. If Subrecipient has a parent,
affiliate, or subsidiary organization, Subrecipient must also maintain written standards of conduct
11
covering organizational conflicts of interest.
In all cases not governed by 2 CFR part 200, Subrecipient shall comply with the conflict of
interest provisions contained in 24 CFR §570.611. Such cases include the acquisition and disposition of
real property and the provision of assistance by Subrecipient to individuals, businesses, and other private
entities under eligible activities that authorize such assistance. Although this summary does not intend
to replace 24 CFR §570.611, essentially this rule states that no "person" described in
§570.611(c) who exercise or have exercised any functions or responsibilities with respect to activities
assisted with CDBG funds, or who is in a position to participate in a decision making process or gain
inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG
assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or
the proceeds thereunder, either for themselves or those with whom they have family or business ties,
during their tenure of for one year thereafter. The "persons" covered in 24 CFR
§570.611(c) include employees, agents, consultants, officers, or elected officials or appointed officials
of the recipient or of any designated public agencies or of Subrecipients that are receiving CDBG funds.
Subrecipient shall also keep records supporting requests for waivers of conflicts.
Subrecipient will disclose in writing any potential conflicts of interest to the City. By
executing this Agreement, Subrecipient covenants and certifies that none of its employees, officers,
or agents described in these regulations have any interest in this Agreement or the Property being
rehabilitated or any other interest which would conflict in any manner with this Agreement or the
performance of the this Agreement.
8. ,Section 3 of the Housing and Urban Development Act of 1968/Equal Opportunity.
Subrecipient shall comply with the provisions of Section 3 of the Housing and Urban Development
Act of 1968 (12 U.S.C. §1701u) and its implementing regulations contained in 24 CFR Part 135
regarding economic opportunities for low income persons and the use of local businesses, if
applicable. Subrecipient shall comply with the provisions of the "Section 3 Clause", attached hereto
as Exhibit "K" and made a part hereof by this reference, and require all subcontracts to contain a
copy of the Section 3 clause. Subrecipient shall also keep records demonstrating compliance with
these regulations, including 24 CFR §570.506(g)(5).
9. Faith -based Activities. Subrecipient shall comply with Executive Order 13279, 24
CFR §5.109 (Equal Participation of Religious Organizations in HUD Programs and Activities), and
24 CFR §570.200(j). Essentially, these regulations provide for the following:
(a) Equal treatment of program participants and program beneficiaries.
(1) Program participants. Organizations that are religious or faith -based are eligible, on
the same basis as any other organization, to participate in the CDBG program. Neither the Federal
Government or a State or local government receiving funds under the CDBG program shall
discriminate against an organization on the basis of the organization's religious character or
affiliation.
(b) Separation of inherently religious activities. Organizations that are directly funded under the
CDBG program may not engage in inherently religious activities, such as worship, religious
instruction, or proselytization, as part of the programs or services funded. If an organization
conducts such activities, the activities must be offered separately, in time or location, from the
12
programs or services funded under this part, and participation must be voluntary for the program
beneficiaries of the HUD -funded programs or services provided.
(c) Religious Identity. A religious organization that is a recipient or subrecipient of CDBG
program funds will retain its independence, autonomy, expression of religious beliefs, or religious
character. Such organization will retain its independence from federal, state, and local
governments, and may continue to carry out its mission, including the definition, practice, and
expression of its religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction, or proselytization. Among
other things, faith -based organizations may use space in their facilities to provide CDBG-funded
services, without removing or altering religious art, icons, scriptures, or other religious symbols. In
addition, a CDBG-funded religious organization retains its authority over its internal governance,
and it may retain religious terms in its organization's name, select its board members on a religious
basis, and include religious references in its organization's mission statements and other governing
documents.
(d) Beneficiaries. An organization that participates in the CDBG program shall not in providing
program assistance discriminate against a program beneficiary or prospective program beneficiary
on the basis of religion or religious belief.
(e) Structures. CDBG funds may not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for explicitly religious activities. CDBG funds
may be used for the acquisition, construction, or rehabilitation of structures only to the extent that
those structures are used for conducting eligible activities under this part. Where a structure is used
for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those
portions of the acquisition, new construction, or rehabilitation that are attributable to eligible
activities in accordance with the cost accounting requirements applicable to CDBG funds.
Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as its
principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition
of the real property after the term of the loan or grant, or any change in use of the property during
the term of the grant or loan, is subject to government wide regulations governing real property
disposition (2 CFR part 200).
10. Drug Free Workplace. Subrecipient will provide a drug-free workplace. Subrecipient
shall comply with the Drug -Free Workplace Act of 1988 and implementing regulations in 2 CFR Part
2429 regarding maintenance of a drug-free workplace. Subrecipient shall complete and comply with
the "Certification Regarding Drug -Free Workplace Requirements" attached hereto as Exhibit "L" and
made a part hereof by this reference. Subrecipient shall ensure that the provisions of the clauses in
Exhibit "L" are included in all third party contracts, subcontracts, and purchase orders that exceed ten
thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor.
Subrecipient will complete this certification and a copy shall be kept in the files of each of the parties
of this Agreement.
11. Program Requirements. Subrecipient agrees to comply and carry out all of its
activities in accordance with the CDBG program requirements set forth in 24 CFR 570, subpart K.
13
12. Fair Housing Act and Nondiscrimination and Equal Opportunity in Housing under
E.O. 11063. Subrecipient shall comply with the Fair Housing Act (42 U.S.C. §§3601-3620) and
implementing regulations at 24 CFR Part 100; and Executive Order 11063, as amended by Executive
Order 12259 (Equal Opportunity in Housing) and their implementing regulations in 24 CFR Part 107.
Executive Order 11063 prohibits discrimination on the basis of race, color, religion, or national origin or
to be denied equal opportunity in housing or related facilities (i.e. housing, rental, leasing, sale or other
disposition of residential property). Subrecipient shall keep records demonstrating compliance with this
provision.
13. Resident Aliens. Subrecipient shall comply with the requirements set forth in 24 CFR
§570.613 regarding eligibility restrictions for certain resident aliens.
14. Debarment and Suspension. Subrecipient shall comply with the debarment and
suspension requirements set forth in 24 CFR §570.609, which requires compliance with 24 CFR Part 5
and 2 CFR Part 2424. Subrecipient shall not enter into a contract with any person, agency or entity that
s debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance
programs under Executive Order 12549 or 12689, "Debarment and Suspension," which is made a part
of this Agreement by reference. In the event that Subrecipient has entered into a contract or subcontract
with a debarred or suspended party, no CDBG funds will be provided as reimbursement for the work
done by that debarred or suspended contractor or subcontractor. Subrecipient shall keep copies of the
debarment and suspension certifications required by 2 CFR part 2424 and a copy of the sheet
documenting that the federal debarment list was checked.
15. Florida Statutes, Clearwater City Code, and Permits. Subrecipient agrees to comply
with all laws of the State of Florida and the Clearwater City Code. In particular, Subrecipient shall
comply with all licensing, registration, and other applicable laws and regulations governing their ability
to administer the Program and the activities in the Project.
16. Agreement between City and HUD. Subrecipient agrees that it shall be bound by the
standard terms and conditions used in the CDBG Agreement between the City and HUD, and such other
rules, regulations or requirements as HUD may reasonably impose in addition to the conditions of this
Agreement or subsequent to the execution of this Agreement by the parties hereto.
17. Fees for Use of Facilities. Reasonable fees may be charged for the use of the facilities
assisted with CDBG funds, but charges such as excessive membership fees, which have the effect of
precluding low- and moderate -income persons from using the facilities, are not permitted.
18. Registration. Subrecipient agrees to maintain a current registration in the federal System
for Award Management ("SAM") database (http://www.sam.gov) pursuant to the Federal Funding
Accountability and Transparency Act (FFATA), P.L. 109-282, as amended by section 6202(a) of P.L.
110-252 and the regulations implementing the Act at 2 CFR part 25 and 2 CFR part 170. If Subrecipient
is not currently registered, it must do so within ten (10) days of the date Subrecipient executes this
Agreement. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(http://www.dnb.com) is required for registration. Subrecipient shall also complete and sign the affidavit
attached hereto as Exhibit "M" in conjunction with its execution of this Agreement and provide any
supporting documentation, if required.
14
19. Mandatory disclosures — Violations of Federal criminal law. Subrecipient must
disclose to the City all violations of Federal criminal law involving fraud, bribery, or gratuity violations
potentially affecting the Federal award. Failure to make required disclosures can result in any of the
remedies described in 2 CFR §200.338, includes suspension or debarment. (See also 2 CFR part 180
and 31
U.S.C. §3321). By executing this Agreement, Subrecipient warrants and certifies that no such violations
of federal criminal law exist that could potentially affect this award.
SECTION 5: ENVIRONMENTAL
1. Environmental Review Requirements. In accordance with 24 CFR §570.604 and 24
CFR Part 58, the activities under this Agreement are subject to environmental review requirements.
CDBG regulations require the preparation of an Environmental Review Record (ERR) and environmental
clearance before funds are expended or costs incurred. City staff will prepare the ERR. Subrecipient is
not required to assume responsibility for an environmental review or assessment of this program pursuant
to 24 CFR Part 58, nor responsibility for initiation of an intergovernmental review of this program and
its activities (24 CFR §570.604). However, Subrecipient is required to provide information about its
activities in order for the City to comply with its responsibility under 24 CFR Part
58. Subrecipient shall submit to the City any changes to the proposed activity so that the City may
evaluate this new information and conduct any further environmental review. This information must be
submitted to the City for approval at least forty-five (45) days prior to any commencement of work.
Subrecipient also agrees to assist the City in addressing environmental issues that may arise during the
City's review process.
2. Environmental Protection. Subrecipient and its contractors shall comply with all
applicable standards, orders or regulations of the Clean Air Act (42 U.S.C. §7401 et. seq.); Section 306
of the Clean Air Act ( 42 U.S.C. 7401 et. seq.); Section 508 of the Clean Water Act (33 U.S.C. Section
1368); Executive Order 11738; the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251,
et. seq.); EPA regulations pursuant to 40 CFR Part 50; National Environmental Policy Act of 1969;
standards and policies relating to energy efficiency contained in the State Energy Conservation Plan
issued in compliance with the Energy Policy and Conservation Act; and HUD Environmental Review
Procedures at 24 CFR Part 58. Violations shall be reported to the City, HUD and EPA.
3. Flood Disaster Protection. Subrecipient shall comply with the requirements of the Flood
Disaster Protection Act of 1973 (42 U.S.C. §4106) and implementing regulations in 44 CFR Parts 59
through 79 in regard to the sale, lease or other transfer of land acquired, cleared or improved under the
terms of this Agreement, as it may apply to the provisions of this Agreement.
4. Flood Insurance Program. Should any construction or rehabilitation of existing
structures with assistance provided under this Agreement occur in an area identified as having special
flood hazards by the Director of Federal Emergency Management, Subrecipient agrees to comply with
all relevant and applicable provisions of 24 CFR §570.605 concerning the National Flood Insurance
Program. Subrecipient agrees that if any portion of the any property improved in connection with this
Project is located in a special flood hazard area that flood insurance will be required by the City and must
be provided.
5. Lead -Based Paint. Lead—based paint is prohibited in the construction or rehabilitation of
any properties assisted under this Agreement. Subrecipient agrees that any construction or rehabilitation
15
of residential structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR §570.608, which requires compliance with the Lead -
Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead -Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and implementing regulations at 24 CFR Part
35, of which subparts A, B, J, K, and R apply to the CDBG Program. Such regulations pertain to all
HUD -assisted housing and require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such
notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and
precautions that should be taken when dealing with lead-based paint poisoning and the advisability and
availability of blood lead level screening for children under seven. The notice shall also point out that if
lead-based paint is found on the property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to a property, paint testing, risk
assessment, treatment and -or abatement may be conducted. Subrecipient shall maintain records
documenting compliance with these requirements.
6. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101
et. seq.) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance of this
Agreement. Subrecipient shall notify the City CDBG representative immediately upon determining that
a property may fall into this category.
7. Procurement of Recovered Materials (Resource Conservation and Recovery Actl.
Subrecipient shall comply with 2 CFR part 200 regarding the use of specific products made or used with
recovered materials.
SECTION 6: DEFAULTS AND REMEDIES
1. Events of Default. The following shall constitute an Event of Default under this
Agreement:
a.) failure to comply with any of the rules, regulations or provisions referred to herein or
governing CDBG awards, including, but not limited to, 24 CFR part 570 or such statutes,
laws, regulations, executive orders, and HUD guidelines, HUD guidance, policies or
directives as may become applicable at any time;
b.) fails to comply with any of the terms contained in this Agreement and such failure
continues for a period of thirty (30) days following written notice thereof given by the
City to Subrecipient;
c.) failure to fulfill in a timely and proper manner its obligations under this Agreement;
d.) ineffective or improper use of funds provided under this Agreement;
e.) submission by Subrecipient at any time of any material representation in any certification,
report or communication the City that is determined by the City to be false, incomplete,
misleading, or incorrect in any material manner;
16
f.) failure to disclose to the City, upon demand, the name of all persons with who
Subrecipient has contracted or intends to contract with for the construction or
management of any portion of the Project, including contracts for services and/or
labor; or
g.) if any other default occurs under any of the grant documents executed by Subrecipient
in connection with this grant by the City (herein the "Grant Documents") which is not
elsewhere specifically addressed herein and such default is not cured within the
applicable cure period set forth in the grant documents, or if there is no cure period set
forth, then within five (5) days following the date of notice to Subrecipient thereof.
Notwithstanding any of the forgoing provisions to the contrary, if Subrecipient has failed to cure
any default within (5) days prior to the expiration of any applicable cure period, the City may, at
its sole option, cure such default, provided, however, that the City shall be under no duty or
obligation to do so.
2. Remedies for Non-compliance. If Subrecipient commits an Event of Default or fails in
any way to comply with Federal or state statutes, local laws or regulations, or the terms and
conditions of this Agreement, the City may impose additional conditions as described in 2 CFR
§200.207. If the City determines that noncompliance cannot be remedied by imposing additional
conditions, the City may take one or more of the following actions, including but not limited to:
(a) Temporarily withhold cash payment pending correction of the deficiency or more
severe enforcement action by the City;
(b)
Disallow both use of funds and any applicable matching credit for all or part of the cost
of the activity or action not in compliance;
(c) Wholly or partly suspend or terminate the award;
(d)
(e)
(f)
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 may be legally available including, but not limited to
litigation, declaratory judgment, specific performance, damages, injunctions,
termination of the Agreement, or any other available remedies.
3. Remedies/Suspension and Termination. Subrecipient and the City will comply
with the noncompliance and termination provisions in 2 CFR part 200. In addition to the
remedies for non- compliance in 2 CFR §200.338, in accordance with 2 CFR §200.338
and .339, the City may suspend or terminate this Agreement in whole or in part if
Subrecipient fails to comply with any terms and conditions of this Agreement or upon
the occurrence of any Event of Default or any other breach of this Agreement. The City
can withhold all funding and disbursements, demand repayment for amounts disbursed,
terminate all payments, and/or exercise all rights and remedies available to it under the
terms of this Agreement, the Grant Documents, under statutory law, equity or under
17
common law. If the City terminates this Agreement, Subrecipient shall also forfeit to the
City all unexpended monies awarded under the Agreement. Subrecipient may also be required to
refund all CDBG funds awarded by the City.
In accordance with 2 CFR §200,339, the City can terminate the Agreement with
the consent of Subrecipient in which case Subrecipient and the City must agree upon the
termination conditions, including the effective date, and in the case of partial termination,
the portion to be terminated.
In accordance with 2 CFR §200.339(a)(4), the Agreement may also be terminated
by Subrecipient or the City with written notification setting forth the reason for such
termination, the effective date and in the case of partial termination, the portion to be
terminated. However, if the City determines in the case of partial termination that the
reduced or modified portion of the award will not accomplish the purposes for which the
award was made, the City may terminate the award in its entirety.
If this award is terminated or partially terminated, Subrecipient remains
responsible for compliance with the closeout requirements in 2 CFR §200.343 and post -
closeout requirements set forth in 2 CFR §200.344.
All remedies shall be deemed cumulative and, to the extent permitted by law, the
election of one or more remedies shall not be construed as a waiver of any other remedy
the City may have available to it.
4. No Waiver. Failure of the City to declare a default shall not constitute a waiver of
any rights by the City. Furthermore, the waiver of any default by the City shall in no
event be construed as a waiver of rights with respect to any other default, past or present.
SECTION 7: INDEMNIFICATION AND INSURANCE
1. Indemnification. Subrecipient shall defend, indemnify and hold harmless the City
from and against any and all liability, claims, demands, damages, expenses, fees, fines,
penalties, suits, proceedings, actions and costs of actions, including attorney's fees,
whether or not suit is filed and if suit is filed, attorney fees and costs at all trial and appellate
levels, of any kind and nature arising or growing out of or in any way connected with
Subrecipient's performance or non-performance of this Agreement or because of or due to
the existence of the Agreement itself. Nothing contained herein shall be construed as
consent by the City to be sued by third parties, or as a waiver or modification of the
provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign
Immunity.
2 Environmental Indemnification. Subrecipient shall indemnify and hold the City
harmless from any claim arising from, or in any way related to, the environmental
condition of the property where the Project takes place, including, but not limited to, the
cost of investigating, defending, and/or negotiating to a satisfactory conclusion claims
made by environmental regulatory agencies, as well as all cleanup and property
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
18
adverse environmental condition and shall not be construed to commence only upon
realization by the City of an actual pecuniary loss as a result of such adverse environmental
condition. The existence of this indemnification agreement shall not be construed as an
indicia of ownership, management or control of the property by the City and Subrecipient
hereby recognizes and acknowledges that the City is not an owner or manager of the
property and does not exert any control thereupon. Notwithstanding anything herein to the
contrary, this indemnification provision shall survive the termination of this Agreement.
3. Insurance. Without limiting Subrecipient's indemnification, Subrecipient shall
maintain in force at all times during the performance of this Agreement all appropriate
policies of insurance hereinafter described and as required by 2 CFR part 200, concerning its
operations. Certificates with valid and authorized endorsements, evidencing the maintenance
and renewal of such insurance coverage shall be delivered to the City prior to execution of
this Agreement. The City shall be given notice in writing at least thirty (30) calendar days in
advance of cancellation or modification of any policy of insurance. The City, its officers and
employees shall be named as an additional named insured on all policies of liability
insurance.
a.) All policies of insurance shall be in a company or companies authorized by law to
transact insurance business in the State of Florida. In addition, such policy shall
provide that the coverage shall be primary for losses arising out of Subrecipient's
performance of the Agreement. Neither the City nor any of its insurers shall be
required to contribute to any such loss. The required certificate shall be furnished
prior to execution of this Agreement.
b.) At least thirty (30) calendar days prior to the expiration of any of the above referenced
insurance policies, Subrecipient shall provide the City with evidence of the renewal
of said insurance policies in a form satisfactory to the City.
c.) The policies and insurance required by the City include:
1. Commercial General Liability Insurance. Commercial general liability
insurance to include, but not be limited to bodily injury and property damage
coverage. The policy's limit liability amount shall not be less than Five Hundred
Thousand Dollars ($500,000) per person/per occurrence for bodily injury to, or
death to one or more than one person and not less than One Hundred Thousand
Dollars ($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.
4. Employee Fraud Insurance. Sufficient insurance to protect from loss due to
fraud, theft, and physical damage and shall purchase a bond or insurance
covering all employees for theft or fraud.
19
5. Bonding requirements. Bonding requirements in 2 CFR §200.325.
SECTION 8: MISCELLANEOUS PROVISIONS
1. Assignment. Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the City.
2. No Grant of Vested Rights. This Agreement shall not be construed as granting or assuring
or vesting any land use, zoning, development approvals, permission or rights with respect to
property owned by Subrecipient or anyone it assists.
3. Independent Contractor. Nothing in this Agreement is intended to, or shall be construed
in any manner, as creating or establishing the relationship of master/servant, principal/agent,
employer/employee or joint venture partner between the City and Subrecipient. The City shall be
exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Worker's Compensation Insurance as Subrecipient is an independent contractor.
Subrecipient agrees and acknowledges that it shall be responsible for and shall pay any and all
applicable compensation, insurance and taxes, including but not limited to federal income taxes
and Social Security on the salary of any positions funded in whole or in part with CDBG funds.
4. Severability. This Agreement shall be construed in accordance with the laws of the State of
Florida. It is agreed by and between the parties that if any covenant, condition, provision contained
in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall
not affect the validity of any other covenants, conditions or provisions herein contained and all
other parts shall nevertheless be in full force and effect.
5. Entire Agreement/Modification. This Agreement, together with all of the Exhibits,
constitutes the entire Agreement between the parties hereto with respect to the subject matter
hereof. Any representations or statements heretofore made with respect to such subject matter,
whether written or verbal, are merged herein. This Agreement may only be modified in writing,
signed by both of the parties hereto.
6. Notices. Whenever by the terms of this Agreement, notice is to be given to either party, such
notice shall be in writing and shall be hand delivered or sent by certified mail, return receipt
requested, postage prepaid to:
Chuck Lane, Assistant Director
Economic Development and Housing
112 S. Osceola Avenue
Clearwater, FL 33756
Michelle Walker
Executive Director
13133 St Francis Lane
Thonotosassa, FL 33592
7. Compliance with all Laws. Notwithstanding anything herein to the contrary, the Project
shall be operated consistent with all applicable federal, state and local laws and regulations.
20
IN WITNESS WHEREOF, the parties ereto have executed these presents and have set
their hands and seals this . day of 7_ ct .d , 201?
CITY OF CLEARWATER, FLORIDA, a municipal
corporation organized and existing under the laws of the State
of Florida
ATTEST:
By' ‘141
Rosemarie Call, City Clerk
STATE OF FLORIDA
COUNTY OF
CLEARWATER
By: lid g • Attetti eT
William B, Horne II, City Manager
Miracles Outreach Community
Development Center, Inc. a Florida non-
profit corporation -�
By: .0 4,714_ Z/(eldkci,,)
Title:
Print Name: ) LYS 2// i kC2-r
Date: l/6//q
THE CDBG AGREEMENT was acknowledged before me this /�l day of
10REGOING
, 2019, by , as He/She
LJ
is 4ersonally known to me or n who has produced as
identification.
iorida
.iF<S�c' •� Edi: �{[++
My
Notary Public State of Florida
lilt
Jessie J McNeil
My Commission GG 288402
"ter OF Expires 02/17/2023
N
Print . m
My
AAPAI41
api iuc4Ja
ission Expires:
1v )7) IDV
APPROVED AS TO FORM ✓
for the use and reliance of the
City of Clearwater, Florida, only.
a y, 2v i 9
Laura Mahony, Assistant City torney
Clearwater, Florida
21
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 — Public Service and Public Facility Program Activity Report (2 Pages)
Exhibit G-1 — Microenterprise Program Activity Report
Exhibit G-2 — Financial and Project Update Report
Exhibit G-3 - Timesheet
Exhibit H — Request for Payment
Exhibit I — EEO Clause for Subrecipients/Contractors and Subcontractors — Standard Solicitation
for Bid and Contract Language
Exhibit J — Certification Regarding Lobbying
Exhibit K — Section 3 Economic Opportunity Clause
Exhibit L — Certification Regarding Drug -Free Workplace Requirements
Exhibit M — Affidavit
Exhibit N — Signature Card
22
Exhibit "A"
INCOME LIMITS
June 28, 2019
INCOME ELIGIBILITY LIMITS
HUD Release Date — June 28, 2019
Household
Size
100% Median
Income
30% Median
(Extremely
Low)
Income
50% Median
(Very Low)
Income
80% Median
(Low)
Income
1 Person
$14,050
23,450
$ 37,450
2 Persons
16,050
26,800
42,800
3 Persons
18,050
30,150
48,150
4 Persons
66,900
20,050
33,450
53,500
5 Persons
21,700
36,150
57,800
6 Persons
23,300
38,850
62,100
7 Persons
24,900
41,500
66,350
8 Person
26,500
44,200
70,650
GROSS (UNADJUSTED) MEDIAN HOUSEHOLD INCOME - $66,900
23
Exhibit "B"
REQUIRED SUBRECIPIENT INFORMATION
1. Subrecipient name (which must match registered name in DUNS): Miracles Outreach
Community Development Center, Inc.
2. Subrecipient's DUNS number (see §200.32 Data Universal Numbering System
(DUNS) number): 122373900
3. Subaward Period of Performance Start Date and End Date: 7/24/2019 to 3/31/2020
4. Amount of Federal Funds Obligated by this activity: $96,270
5. Total Amount of Federal Funds obligated to subrecipient: $96,270
6. Federal award project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA): Funds will be used to rehabilitation
includes a new roof, kitchen remodel, bathrooms remodel, new flooring and air
conditioning, paint, windows and landscaping at 1002 Marshall Street, Clearwater, FL
33755.
7. Name of Federal awarding agency, pass-through entity, and contact information for
awarding official: U.S. Department of Housing and Urban Development; City of
Clearwater, Economic Development and Housing Director; 600 Cleveland Street. Suite
600, Clearwater, FL 33755; (727) 562-4031
8. CFDA Number and Name; the pass-through entity must identify the dollar amount made
available under each Federal award the CFDA number at the time of disbursement:
14.218, Community Development Block Grants/Entitlement Grants
9. Identification of whether the award is R&D: N/A
10. Indirect cost rate for the Federal award (including if the de minimis rate is charged per
§200.414 Indirect (F&A costs)): N/A
24
Exhibit "C"
Additional Program Requirements
1. Subrecipient shall at all times maintain facilities in conformance with all applicable
codes, licensing, and other requirements necessary for the operation of the
Program.
2. Subrecipient will accept applications and perform income and other eligibility
determinations. Fifty-one percent of those served must have incomes that do not
exceed low- and moderate -income limits (under 80% MSA) of the CDBG
Program.
3. Subrecipient shall ensure that the numbers, background, and qualifications of the
Subrecipient staff are appropriate for the services provided and at least meet the
minimum standards established by the pertinent licensing bodies.
4 All costs eligible for CDBG reimbursement offered by Subrecipient under the
Program shall only include costs directly related to the provision of the service
under this Project as described in this Agreement.
5. Subrecipient shall complete detailed work write-ups of the services to be
performed, including estimated costs and material to be used, if applicable.
Subrecipient will monitor the work to ascertain that services are proceeding
properly and satisfactory. Subrecipient will ensure that the expenses are
reasonable, and the services are completed properly. In addition, Subrecipient shall
maintain case files, including applications and all documentation of eligibility,
work write-ups, the assistance agreement between the client and Subrecipient,
documentation on all necessary licenses and permits, site visits and final reports,
invoices and checks. Subrecipient shall maintain these records in accordance with
general record-keeping requirements set forth in this Agreement.
25
Exhibit "D"
BUDGET
Miracles Outreach Community Development
Center, Inc.
FY 2018-2019
Project Type = CDBG
Amount of Funding = $96,270
Services Funded
Category
CDBG Portion
Public Facilities
New Roof
Kitchen Remodel
Bathrooms Remodel
Floor
Air Conditioning
Paint
Windows
Landscaping
Benefit — 6 Youths
Total
$96,270
26
Exhibit "E"
CDBG PROGRAM REQUIREMENTS
Subrecipient, in addition to the terms set forth in the Agreement, shall operate the Project
funded through the City's Community Development Block Grant Program according to
the following guidelines:
1. Any equipment, furnishings and any other usable item purchased with the
City's CDBG Program contribution to Subrecipient for use in the Project shall be kept
on an inventory and shall be made available to the City's Economic Development and
Housing Department for disposition upon termination of the City's CDBG assistance
to Subrecipient.
2. Subrecipient hereby agrees to maintain accounting systems with internal
controls to safeguard the U.S. Department of Housing and Urban Development (HUD)
— Community Development Block Grant (CDBG) funds and assets, provide for
accurate financial data, promote operational efficiency, and foster compliance with
generally accepted accounting principles (GAAP) in accordance with 2 CFR part 200.
3. Subrecipient's accounting records must adequately identify the receipt and
expenditure of all CDBG funds for each budget line item. There must be a separate
accounting for each budgetary allocation as approved by the City's Economic
Development and Housing Department. Cash receipts and expenditures from other
sources must be accounted for separately from CDBG funds; therefore, if Subrecipient
maintains a common account for both CDBG and other funds, the accounting system
must provide for the clear and easy identification of CDBG funds.
4. Accounting and related records of Subrecipient shall comprise the following
as a minimum:
a. Voucher system — All supporting documentation, such as purchase
orders, invoices, receiving reports, requisitions.
b. Books of Original Entry — Cash receipts and disbursements journal,
general ledger.
c. Chart of Accounts — Listing of accounts must be maintained in the
accounting system.
d. 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.
e. Attendance Records — Attendance records (individual time sheets) shall
be maintained for all personnel paid with CDBG funds that are involved
27
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.
f. Payroll Records — Formal payroll records supporting cash
disbursements to employees shall be maintained. All time sheets or
personnel activity reports 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.
g.
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.
h. 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.
i. 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.
J.
Property Records — Subrecipient is required to maintain formal
subsidiary records to control all CDBG program project property and
equipment. Such records shall disclose the acquisition and subsequent
disposition of all property. An annual inventory should be conducted
and the books should reflect the actual value of property on hand at the
end of the year.
5. Subrecipient should maintain records in an orderly manner, with separate
identification for different Federal fiscal periods. Records must be protected from
fire or other perils, and if stored in a location other than the project site, shall be
readily accessible to the City's Economic Development and Housing Department
staff, the Inspector General, and HUD officials and others who may be authorized
28
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.
29
Exhibit "F"
Reporting Schedule
A. Subrecipient shall submit all reports to the City's Economic Development and Housing Department as described
in this Agreement.
B. Subrecipient shall maintain data demonstrating client eligibility for services provided. Such data shall include
client name, address, number of persons in the household and household income, and such other information requested
by the City's Economic Development and Housing Department. Such information shall be made available to City and/or
HUD monitors or their designees for review upon request. Subrecipient understands that client information collected
under this contract is private and the use or disclosure of such information, when not directly connected with the
administration of the City's or Subrecipient responsibilities under this Agreement is prohibited by the U.S. Privacy Act
of 1974 unless written consent is obtained from such person receiving services, and in the case of a minor, that of a
responsible parent/guardian.
C. Upon fifteen (15) days notice by the City's Economic Development and Housing Department, Subrecipient shall
provide the information requested by the City for submission of performance or other reports to HUD.
D. Between the required reporting dates, events may occur which have significant impact upon the project or
program. In such cases, Subrecipient shall inform the City's Economic Development and Housing Department as soon
as the following types of conditions become known:
1. Problems, delays or adverse conditions, which may materially affect the ability to meet program objectives,
prevent the meeting of time schedules and goals, or preclude the attainment of project work units by
established term periods. This disclosure shall be accompanied by a statement of the action taken or
contemplated and any assistance needed to resolve the situation.
2. Favorable development or events, which will enable meeting time schedules and goals sooner or at less cost
than anticipated or producing more or different beneficial results than originally planned.
Method of Payment:
Payments shall be made on the basis of completed services and submission of documentation as outlined in this
Agreement between the City and Subrecipient. Subrecipient shall submit monthly Requests for Payment to the City's
Economic Development and Housing Department in accordance with the following:
1. The City's Economic Development and Housing Department shall authorize the reimbursement of
Subrecipient for actual expenditures outlined in the Budget as expressed in Exhibit "D" of this Agreement,
except that the Economic Development and Housing Director, or designee, may approve a variance with
regard to variable costs.
2. Expenses incurred by Subrecipient will not be authorized for payment by the City's Economic Development
and Housing Department if such expenses cannot be documented by paid receipts, invoices or other appropriate
documentation and information. Furthermore, all Requests for Payment submitted by Subrecipient to the City's
Economic Development and Housing Department shall not be reimbursable by the City if such expenditures
were not expended directly for the provision of services and activity delivery costs to benefit low- and moderate -
income persons in accordance with this Agreement.
3. Provided that the Requests for Payment are complete and undisputed, the City's Economic Development and
30
Housing Department shall authorize reimbursement of approved expenditure requests within thirty (30) days of
receipt of such requests.
4. As applicable, the monthly Requests for Payment shall include:
a. Name and address of each client receiving services.
b. CDBG costs to be reimbursed, shown as labor, materials, other costs, including copies of invoices, and
checks in payment.
c. Brief description of services or activities undertaken during the month for which reimbursements are
being requested.
d. Total cost of services.
e. If requesting reimbursement for salaries, timesheets showing tenths of hours where work has been done
by Subrecipient and staff detailing daily total hours worked.
f. If applicable, if outside contractors have done the work, submit the contractor's paid invoices for
reimbursement. These should include an itemization of the work done, the total cost for labor and
materials, the number of hours on the job, and the rate per hour agreed to on the project.
31
Exhibit G
CITY OF CLEARWATER PROGRESS REPORT
ACCOMPLISHMENTS
FY 2018-2019
Agency Name:
Reporting Month:
Page 1
PARTICIPANTS
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUNE
JULY
AUG
SEPT
YEAR TO DATE
NEW PARTICIPANTS
0
RETURNING PARTICIPANTS
0
TOTAL PARTICIPANTS
0
0
0
0
0
0
0
0
0
0
0
0
0
INCOME CHARACTERISTICS OF NEW PARTICIPANTS
EXTREMELY LOW (0%-30%)
0
LOW (31%-50%)
0
LOW -MODERATE (51%-80%)
0
OVER INCOME (81%+)
0
TOTAL NEW PARTICIPANTS
AGENCY REPRESENTATIVE:
TITLE:
0
0
0
0
0
0
0
0
0
0
0
0
0
** NO REQUEST FOR REIMBURSEMENT WILL BE PROCESSED WITHOUT A COMPLETED FORM**
32
DATE:
Page 2
RACE:
OCTOBER
NOVEMBER
DECEMBER
JANUARY
FEBRUARY
MARCH
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
WHITE
0
0
ASIAN AND WHITE
0
0
BLACK/AFRICAN AMERICAN AND WHITE
0
0
AMERICAN INDIAN/ALASKAN NATIVE AND
BLACK/AFRICAN AMERICAN
0
0
OTHER MULTI -RACIAL
BLACK/AFRICAN AMERICAN
0
TOTAL NEW PARTICIPANTS
0
0
ASIAN
AMERICAN INDIAN/ALASKAN NATIVE
NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER
AMERICAN INDIAN/ALASKAN NATIVE AND WHITE
ASIAN AND WHITE
BLACK/AFRICAN AMERICAN AND WHITE
AMERICAN INDIAN/ALASKAN NATIVE AND
BLACK/AFRICAN AMERICAN
OTHER MULTI -RACIAL
TOTAL NEW PARTICIPANTS
0
0
0
0
0
0
0
0
0
0
0
0
RACE:
APRIL
MAY
JUNE
JULY
AUGUST
SEPTEMBER
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
TOTAL
RACE
HISPANIC/
LATINO
WHITE
0
0
ASIAN AND WHITE
0
0
BLACK/AFRICAN AMERICAN AND WHITE
0
0
AMERICAN INDIAN/ALASKAN NATIVE AND
BLACK/AFRICAN AMERICAN
0
0
OTHER MULTI -RACIAL
BLACK/AFRICAN AMERICAN
0
TOTAL NEW PARTICIPANTS
0
0
ASIAN
AMERICAN INDIAN/ALASKAN NATIVE
NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER
AMERICAN INDIAN/ALASKAN NATIVE AND WHITE
ASIAN AND WHITE
BLACK/AFRICAN AMERICAN AND WHITE
AMERICAN INDIAN/ALASKAN NATIVE AND
BLACK/AFRICAN AMERICAN
OTHER MULTI -RACIAL
TOTAL NEW PARTICIPANTS
0
0
0
0
0
0
0
0
0
0
0
0
OFFICE USE ONLY
RACE:
TOTALS
TOTAL
RACE
HISPANIC/
LATINO
WHITE
0
0
BLACK/AFRICAN AMERICAN
0
0
ASIAN
0
0
AMERICAN INDIAN/ALASKAN NATIVE
0
0
NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER
0
0
AMERICAN INDIAN/ALASKAN NATIVE AND WHITE
0
0
ASIAN AND WHITE
0
0
BLACK/AFRICAN AMERICAN AND WHITE
0
0
AMERICAN INDIAN/ALASKAN NATIVE AND
BLACK/AFRICAN AMERICAN
0
0
OTHER MULTI -RACIAL
0
0
TOTAL NEW PARTICIPANTS
0
0
33
Exhibit G-1
B. LMC NATIONAL OBJECTIVE —MICROENTERPRISE ACTIVITIES
PAGE 1 OF 2
ALL PERSONS OR BUSINESSES ASSISTED UNDER THE LMC NATIONAL OBJECTIVE MUST BE LOW- AND MODERATE -INCOME (LMI)
Name:
Month:
TRAINING/TECHNICAL ASSISTANCE ACTIVITIES
FOR THIS REPORTING PERIOD, THE TOTAL NUMBER OF:
PERSONS THAT ENROLLED IN TRAINING PROGRAM
RACIAL GROUP
FOR THIS REPORTING PERIOD ONLY
PERSONS THAT COMPLETED TRAINING PROGRAM
NEW MICROENTERPRISES ASSISTED
PERSONS RECEIVING TECHNICAL ASSISTANCE & BUSINESS SUPPORT (IN ADDITION
TO TRAINING PROGRAM, IF APPLICABLE)
FOR THIS REPORTING PERIOD ONLY
BUSINESS INFORMATION
FOR THIS REPORTING PERIOD, THE TOTAL NUMBER OF:
MICROENTERPRISES RECEIVING CDBG ASSISTANCE
RACIAL GROUP
FOR THIS REPORTING PERIOD
ONLY
OF THE TOTAL NUMBER OF MICROENTERPRISES ASSISTED, THE TOTAL NUMBER OF:
NEW MICROENTERPRISES ASSISTED
31 - 50 % (LOW-INCOME)
FOR THIS REPORTING PERIOD ONLY
EXISTING MICROENTERPRISES ASSISTED
MICROENTERPRISES ASSISTED WITH COMMERCIAL FACADE TREATMENT AND/OR
REHAB
MICROENTERPRISES ASSISTED THAT PROVIDE GOODS OR SERVICES TO MEET THE
NEEDS OF A SERVICE AREA, NEIGHBORHOOD, OR COMMUNITY
AMERICAN INDIAN/ALASKAN NATIVE
OF THE TOTAL NUMBER OF EXISTING MICROENTERPRISES, THE TOTAL NUMBER OF:
EXPANDED MICROENTERPRISES
NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER
FOR THIS REPORTING PERIOD
ONLY
RELOCATED MICROENTERPRISES
AMERICAN INDIAN/ALASKAN NATIVE AND WHITE
Complete the Racial/Ethnic Composition and Income Data for the LMI persons receiving technical assistance and/or training for the LMI
business owners.
RACIAL/ETHNIC COMPOSITION (FOR THIS REPORTING PERIOD ONLY)
RACIAL CATEGORIES
PERSONS
RACIAL GROUP
*HISPANIC
WHITE
FOR THIS REPORTING PERIOD
ONLY
31 - 50 % (LOW-INCOME)
BLACK/AFRICAN AMERICAN
51-80 % (MODERATE INCOME)
ASIAN
TOTALS
AMERICAN INDIAN/ALASKAN NATIVE
OF THE TOTAL BENEFITING, THE NUMBER OF:
PERSONS
NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER
ELDERLY
AMERICAN INDIAN/ALASKAN NATIVE AND WHITE
FEMALE HEAD OF HOUSEHOLD
ASIAN AND WHITE
BLACK/AFRICAN AMERICAN AND WHITE
AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN
AMERICAN
OTHER MULTI -RACIAL
TOTALS
HISPANIC' = HUD HAS DESIGNATED HISPANIC AS AN ETHNIC GROUP. A HOUSEHOLD OR PERSON CAN BE IDENTIFIED AS BOTH A MEMBER OF A RACIAL GROUP AND AN ETHNIC
GROUP, BUT CANNOT BE DESIGNATED ONLY AS AN ETHNIC GROUP.
BENEFICIARY INCOME DATA
MEDIAN INCOME (% OF HUD ADJUSTED MEDIAN FAMILY INCOME)
PERSONS
0 - 3 0 % (VERY LOW-INCOME)
FOR THIS REPORTING PERIOD
ONLY
31 - 50 % (LOW-INCOME)
51-80 % (MODERATE INCOME)
81% AND ABOVE - CAN NOT ASSIST
TOTALS
OF THE TOTAL BENEFITING, THE NUMBER OF:
PERSONS
ELDERLY
FOR THIS REPORTING PERIOD
ONLY
FEMALE HEAD OF HOUSEHOLD
DISABLED
34
B. LMC OBJECTIVE - MICROENTERPRISE ACTIVITIES
PAGE 2 OF 2
NAMES OF BUSINESSES ASSISTED
DUNS # FOR BUSINESSES ASSISTED
35
Subrecipient:
Exhibit "G-2"
City of Clearwater
Economic Development & Housing Department
Consolidated Action Plan Fiscal Year 2018-2019
Financial Report & Project Updates
4
Month
Beginning
Balance
Expended
Program
Income
Encumbered
Ending Balance
October
$ -
$ -
$ -
$ -
November
$ -
$ -
$ -
$ -
$ -
December
$ -
$ -
$ -
$ -
$ -
January
$ -
$ -
$ -
$ -
$ -
February
$ -
$ -
$ -
$ -
$ -
March
$ -
$ -
$ -
$ -
$ -
April
$ -
$ -
$ -
$ -
$ -
May
$ -
$ -
$ -
$ -
$ -
June
$ -
$ -
$ -
$ -
$ -
July
$ -
$ -
$ -
$ -
$ -
August
$ -
$ -
$ -
$ -
$ -
September
$ -
$ -
$ -
$ -
$ -
Totals
$ -
$ -
$ -
.............
Percentage Expended
#DIV/0!
Over or (Under) Target
#DIV/0!
Place Grant Award in Yellow Box (Beginning Balance)
Place Each Month Expenditure in Expended Box
Totals, Percent Expended and Over (Under Target) Will Automatically Calculate
*** Monthly Project Updates
*** Please provide a monthly update to include project implementation schedules, issues encountered,
comments or items you wish to be reviewed by staff.
36
Name:
Exhibit "G-3"
City of Clearwater
Economic Development & Housing Department
Consolidated Action Plan Fiscal Year 2018-2019
Timesheet Report
Payroll End
Date
Grand
Total
Hours
Regular
Hours
Worked
Clearwater
CDBG
Other
Funding
Source
Other
Funding
Source
Total
Other
Vacation
VAC
Holiday
HOL
Sick
Leave
SCK
Schools
Seminars
SSS
Training
Work
TRW
Jury Duty
JUR
Funeral
Leave
FLP
Other
S
0
0
0
S
0
0
0
M
0
0
0
T
0
0
0
W
0
0
0
T
0
0
0
F
0
0
0
TOTAL
0
0
0
0
0
0
0
0
0
0
0
0
0
0
S
0
0
0
S
0
0
0
M
0
0
0
T
0
0
0
W
0
0
0
T
0
0
0
F
0
0
0
TOTAL
0
0
0
0
0
0
0
0
0
0
0
0
0
0
I certify that the information herein contained is true and complete to the best of my knowledge.
Employee Signature/Date
37
Supervisor Approval/Date
Exhibit "H"
CITY OF CLEARWATER
Economic Development & Housing Department
Consolidated Action Plan FY2018-2019
Request for Payment
Month
invoice
Submission Date
Description
Amount
Make Check Payable to:
Totals
We request payment for the attached invoices, as provided for in the terms of our contract with the City of
Clearwater, dated 10/1/2018 . We certify to the best of our knowledge that we have complied
with all applicable federal, state and local laws, regulations and ordinances.
Agency Name
Name and Title
Authorized Signature Date
Attach invoices and supporting documents
For Internal Use Only:
Approver Signature:
Date:
Accomplishments IDIS Entry Signature:
Date:
38
Exhibit "I"
EOUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR SUBRECIPIENTS AND THEIR
CONTRACTORS AND SUBCONTRACTORS
STANDARD SOLICITATION FOR BID AND CONTRACT LANGUAGE
A. Equal Opportunity Clause:
Subrecipient agrees that it will incorporate or cause to be incorporated into any contract for construction
work, or modification thereof, as defined in the regulation of the Secretary of Labor 41 CFR Chapter 60, which
is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the
Federal Government pursuant to a grant, contract, loan insurance, or guarantee or undertaken pursuant to any
Federal Program involving such grant, contract, loan insurance, or guarantee, the following equal opportunity
clause:
1. The contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by on or behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which the
contractor has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the contractor's noncompliance with the discrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated,
or suspended in whole or in part and the contractor may be declared ineligible for further
government contracts or Federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided bylaw.
39
7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
504 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
8, The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in Federally assisted construction
work; provided, that if the applicant so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such
government which does not participate in work on or under the contract.
9. The applicant agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
10. The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, government contracts and Federally
assisted construction contracts, pursuant to the Executive Order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
contractors and subcontractors by the administering agency of the Secretary of Labor pursuant
to Part II, Subpart D of the Executive Order. In addition, the appliance agrees that if it fails or
refuses to comply with these undertakings, the administering agency may take any or all of the
following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant under the
program with respect to which the failure or refund occurred until satisfactory assurance of
future compliance has been received from such applicant; and refer the case to the Department
of Justice for appropriate legal proceedings.
40
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) Miracles Outreach Community
Development Center, Inc.
Date
711 r I ,.1)(61
41
Print Name & Title
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.
42
Exhibit "L"
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
The certification set out below is a material representation upon which reliance is placed by
the City of Clearwater and the U.S. Department of Housing and Urban Development in
awarding the grant. If it is later determined that Subrecipient knowingly rendered a false
certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the
City and/or the U.S. Department of Housing and Urban Development, in addition to any
other remedies available to the Federal Government, may take action authorized under the
Drug- Free Workplace Act. Subrecipient will comply with the other provisions of the Act and
with other applicable laws.
CERTIFICATION
1. Subrecipient certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
Subrecipient's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
B. Establishing an ongoing drug-free awareness program to inform employees about:
1. the dangers of drug abuse in the workplace;
2. Subrecipient's policy of maintaining a drug-free workplace;
3. any available drug counseling, rehabilitation, and employee assistance programs; and
4. the penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of this
grant be given a copy of the statement required by paragraph (A);
D. Notifying the employee in the statement required by paragraph (A) that, as a
condition of employment, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction;
E. Notify the City's Economic Development and Housing Department and/or the U.S.
Department of Housing and Urban Development in writing within ten (10) calendar days
after receiving notice under subparagraph (D) (2) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must provide notice,
including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point
43
for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant;
F. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (D) (2), with respect to any employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency;
G. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (A), (B), (C ), (D), (E), and (F).
2. Subrecipient shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, zip code and total estimated number of
employees). Subrecipient further certifies that, if it is subsequently determined that
additional sites will be used for the performance of work under the grant, it shall notify the
City's Economic Development and Housing Department and/or the U.S. Department of
Housing and Urban Development immediately upon the decision to use such additional
sites by submitting a revised "Place of Performance" form.
44
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Subrecipient: Miracles Outreach Community Development Center, Inc.
Program Name: N/A
Grant : Community Development Block Grant
Date: July 24, 2019 through March 31, 2020
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):
1002 Marshall Street, Clearwater, FL 33755
Check if there are work places on file that are not identified here.
ATTEST:
45
MIRACLES OUTREACH COMMUNITY
DEVELOPMENT CENTER, INC.
(Corporate Seal)
By:
Print Name/Title: A L lc 14(11 t^l
tt'•
Date: %//(0 %g
Exhibit "M"
AFFIDAVIT
Federal Funding Accountability and Transparency Act (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance
and expenditures) be made available to the public via a single, searchable website, which is
www. USASpending. gov.
The FFATA Subaward Reporting System (FSRS) is the reporting tool Federal prime awardees
(i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive
compensation data regarding their first-tier subawards to meet the FFATA reporting requirements.
Prime contract awardees will report against sub -contracts awarded and prime grant awardees will
report against sub -grants awarded. The sub -award information entered in FSRS will then be displayed
on www.USASpending.gov associated with the prime award furthering Federal spending transparency.
The Transparency Act requires information disclosure concerning entities receiving Federal financial
assistance through Federal awards such as Federal contracts, sub -contracts, grants, and sub -grants.
Specifically, the Transparency Act's section 2(b)(1) requires the City to provide the following
information about each Federal award:
• Name of the entity receiving the award;
• Amount of the award;
• Information on the award including transaction type,
• Location of the entity receiving the award and primary location of performance under the award;
• Unique identifier of the entity receiving the award and the parent entity of the recipient;
• Names and total compensation of the five most highly compensated officers of the entity if the entity
in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and
$25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this
information about the compensation of the senior executives of the entity through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104
of the Internal Revenue Code of 1986.
46
elf -1 [e- Vial feel' 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 Miracles Outreach Community Development Center, 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 Miracles Outreach Community Development Center, 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.
� ( fiAr , (tel .--
ture of President/Executive Director/Board Chair
10\Ccue inial [6-e
Printed Name of President/Executive Director/Board Chair
STATE OF FLORIDA
COUNTY OF
PINELLAS
The foregoing Affidavit was acknowledged before me this day of U t/ly , 2019, by
of Mirables Outreach
Community Development Center, Inc. and is personally known to me or has produced as identification.
as
Notary Public State of Florida
Jessie J McNeil
At MY Commission GG 288402
o w Expires 02/17/2023
4/.., ........
Notary ''II . c
My C. P. ission Expire
47
Exhibit "N"
AUTHORIZATION SIGNATURE CARD
Subrecipient Name Akt rC-N CS ZG
Applicant's NameMf�ciE.S Cu -EccJR
Address 13 i33 lm-nc
City, State, Zip ) 1-L 33561 2 -
Telephone Number 13
SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS:
NAME
1 e_ Cf -1 S
SI NATURE
I certify that the signatures above are of the individuals authorized to execute financial
documents.
7i l7
Date
48
teile
Sigr'ature of Authorized Official
(( e
IrPr,r
Tit e of Authorized Official