COMMUNITY DEVELOPMENT BLOCK GRANT - CORONAVIRUS PROGRAM AGREEMENTCOMMUNITY DEVELOPMENT BLOCK GRANT - CORONAVIRUS (CDBG-CV) PROGRAM
AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND
DIRECTIONS FOR MENTAL HEALTH, 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 Directions for
Mental Health, Inc. a Florida non-profit corporation, with a principal address of 1437 South Belcher
Road, Clearwater, FL 33764 (hereinafter referred to as "Directions for Living" 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 2020/2021-2024/2025;
WHEREAS, in response to the Coronavirus Pandemic (COVID-19), the United States
Department of Housing and Urban Development (HUD) has notified the City of Clearwater that it
will receive a cumulative allocation of One Million Three Hundred Fifty -One Thousand Five
Hundred Sixty dollars and xx/100 cents ($1,351,560.00) of Community Development Block Grant
Program — Coronavirus Response funds (CDBG-CV) to be used to prevent, prepare for, and respond
to COVID-19; and
WHEREAS, the City's allocation of CDBG-CV was authorized by the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed by
President Trump on March 27, 2020, to respond to the growing effects of this historic public health
crisis; and
WHEREAS, Directions for Living is a private non-profit corporation that provides
behavioral health care and homeless services;
WHEREAS, Directions for Living submitted a proposal to utilize $111,899 in FY 2020-2021
CDBG-CV funds to enable Directions for Living to provide case management services;
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, Directions for Living 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.
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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 Directions for Living agree as follows:
SECTION 1: SCOPE OF SERVICES AND USE OF FUNDS
1. Recitals. The recitals set forth above are true and correct and are incorporated herein and
made a part of this Agreement.
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 ONE HUNDRED ELEVEN THOUSAND EIGHT
HUNDRED NINETY-NINE DOLLARS AND 00/100 CENTS ($111,899.00) in FY 2020-2021
CDBG-CV funds toward the project, as defined below. Pursuant to 2 CFR §200.331, (as of the
Effective Date of this Agreement) and as may be amended and replaced by 2 CFR §200.332,
effective November 12, 2020, the required subaward information is attached as Exhibit B. Any
funds remaining unexpended or not disbursed to Directions for Living by the City as of the
termination date of this Agreement may be deobligated from this Agreement and made available for
other City projects as determined by the City.
4. Statement of Work/Program and Project Description. Subrecipient provides behavioral
health care and homeless services. Funding is provided for case management services to prevent
homelessness for the vulnerable senior population of Prospect Towers who are displaced or homeless
due to changes implemented by new ownership. This includes case management salary support,
deposit payment, administrative costs, rent, relocation, and utility expenses for displaced residents.
The subrecipient will provide case management services that will benefit 25 low- to moderate -
income City of Clearwater residents according to HUD income guidelines attached hereto as
Exhibit A (hereinafter referred to as the "Project"). Additional requirements for the Project are
attached hereto as Exhibit C and made a part hereof by this reference. The Budget for this Project is
attached as Exhibit D and made a part hereof by this reference.
5. .11 ' • i1 . 1 • 1/ n s • oi • 1 - i i • e . Subrecipient agrees to
work diligently toward the completion of the Project and complete the Project by September 30,
2021. By July 1, 2021, at least 50% of the grant award shall have been requested. If less than 50% of
the funds have been expended, the City will review Subrecipient's progress and its inability to meet
this 50% grant expenditure rate as a performance indicator and it will factor into the City's
determination of non-compliance. HUD requires the City to timely spend its CDBG funds.
Therefore, it is critical that Subrecipient complies with these time deadlines. Time is of the essence.
Subrecipient's failure to work diligently toward timely completing the Project and incidents of
non-performance may result in conditions being placed on the grant funds, suspension of grant funds,
or the City may cease disbursing funds pursuant to this Agreement so that the City can reallocate the
funds for other uses or projects.
6. Performance Monitoring. The City will monitor Subrecipient's performance against
goal and performance standards and compliance with the terms of this Agreement as required herein.
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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-CV funds within five (5) days of the Economic Development and Housing Department
Director's or Assistant Director's written request.
7. Expenditure of Funds/Budget. Subrecipient shall use the grant proceeds for eligible
expenses permitted under the CDBG regulations as set forth in 24 CFR part 570 and in accordance
with the Budget attached hereto as Exhibit D and made a part hereof by this reference. Any changes
in budget line items, including additions, must be requested in writing and must be approved in
writing by the Economic Development and Housing Department Director or Assistant Director
before related expenditures can be undertaken. Subrecipient shall be responsible for any cost
overruns above the grant amount of $111,899.00. Subrecipient shall not use any CDBG or
CDBG-CV funds for prohibited activities as set forth in 24 CFR §570.207. Notwithstanding anything
to the contrary in this Agreement, the City also reserves the right to request and approve
documentation supporting any requests for reimbursement to verify the reasonableness and validity
of such costs and said Budget may be modified by the City accordingly. Subrecipient acknowledges
and agrees that any funds not used in accordance with permitted CDBG regulations and the Budget
must be repaid to the City.
8. Term. This Agreement shall be in effect for the period commencing April 1, 2021 and
terminating on September 30, 2021. Costs may not be incurred after September 30, 2021.
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 or CDBG-CV 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
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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.
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-§200.327. Third parties may be
procured for a variety of services. Subrecipient shall ensure 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 (as of the Effective Date of this Agreement)
and as may be amended and replaced by 2 CFR §200.327, effective November 12, 2020, 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 ensure 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 he 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 or CDBG-CV 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 or CDBG-CV 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 (as of the Effective Date of this Agreement)
and as may be amended and replaced by 2 CFR §200.334, effective November 12, 2020, 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
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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 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.
Subrecipient shall provide written confirmation to City highlighting the status of actions planned or
taken to address Single Audit findings of deficiencies related to the subaward provided for hereunder
in accordance with 2 CFR §200.332(d)(2).
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 within five (5)
days of receipt. If applicable, Subrecipient shall file reports of Program Income as set forth in the
below section entitled "Reports".
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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 City's Subrecipient Portal of Neighborly Software. The report and its supporting
documentation shall include the following information: (1) 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 file a Timesheet Activity Report for personnel activities including but not
limited to duties performed and time allocated in the form attached hereto as Exhibit G, or on such
forms provided by the City. Subrecipient shall also file and report on such other information as
may be considered appropriate by the City. The monthly report shall be due on the 10th of each
month for activities conducted during the preceding month. The quarterly reports are due the 10th
day of the month following the end of the quarter for March, June, September, and December.
Annual reports are due by October 15, 2020 for activities conducted during the preceding year
(Example: October 1, 2019 — September 30, 2020).
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:
a) Subrecipient shall transfer to the City any CDBG or CDBG-CV 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 or CDBG-CV funds as required by 24 CFR
§570.503(b)(7); and
b) If this Agreement involves real property under Subrecipient's control that was acquired or
improved, in whole or in part, with CDBG or CDBG-CV funds in excess of $25,000, then
the real property:
(1) 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
(2) 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.
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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 Draw Request (to be submitted in the City's Subrecipient Portal of Neighborly
Software). Draw Requests 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
Development and Housing Department and after receipt and approval by appropriate City personnel
of a Draw Request which shall be in accordance with the Budget specifying the expenses incurred.
All Draw Requests 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, timesheets) and other supporting documentation the City may request.
Draw Requests shall include adequate documentation of expenditures and all other information
described in Exhibits E—G, attached hereto and incorporated herein by reference. No interest shall be
earned on grant proceeds. All Draw Requests submitted to the City must be submitted 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 Draw Requests 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
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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.
SECTION 4: PERSONNEL AND PARTICIPANT CONDITIONS
1. Non -Discrimination. Subrecipient shall always 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 or CDBG-CV 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 based on 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 based on 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.
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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 H, 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.
4. Utilization of Minority/Women's Business Enterprises. Subrecipient must take all
necessary steps to ensure that minority/women's business enterprises are used when possible,
including for consideration for participation in all construction, supply, or service contracts or in the
performance of this Agreement. Affirmative steps include those items required in 2 CFR §200.321
which include 1) placing qualified small and minority businesses and women's business enterprises
on solicitation lists; 2) assuring that small and minority businesses and women's business enterprises
are solicited whenever they are potential sources; 3) dividing total requirements, when economically
feasible, into smaller tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises; 4) establishing delivery schedules where the
requirement permits which encourage participation by small and minority businesses, and women's
business enterprises; 5) using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the Department
of Commerce; and 6) requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in 1-5. Subrecipient shall also comply with Executive Order 11625, as
amended by Executive Order 12007 (Minority Business Enterprises); Executive Order 12432
(Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive
Order 12608 (Women's Business Enterprise). Any contracts entered into by Subrecipient shall
include a provision for compliance with these regulations. Subrecipient shall keep records
demonstrating compliance with this provision.
5. Political Activities. Subrecipient shall comply with 24 CFR §570.207(a)(3) regarding
political activities. CDBG or CDBG-CV 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).
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6. Anti-Lobbvin2 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 I 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 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 or CDBG-CV 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 or CDBG-CV 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.
& ,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
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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 J 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 nor a State or local government receiving funds under the
CDBG program shall discriminate against an organization based on 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 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 or CDBG-CV 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 based on religion or religious belief.
(e) Structures. CDBG or CDBG-CV 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
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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 K and made a part hereof by this reference. Subrecipient shall ensure that the provisions
of the clauses in Exhibit K 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 its activities
in accordance with the CDBG program requirements set forth in 24 CFR 570, subpart K.
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 based on 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 is 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 or CDBG-CV 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.
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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 L in conjunction with its execution of this Agreement and provide
any supporting documentation, if required.
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, (as of the Effective Date of this Agreement) and as may be
amended and replaced by 2 CFR §200.339, effective November 12, 2020, 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.
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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. §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. j,ead-Based Paint. Lead—based paint is prohibited in the construction or rehabilitation
of any properties assisted under this Agreement. Subrecipient agrees that any construction or
rehabilitation of residential structures with assistance provided under this Agreement shall be subject to
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.
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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;
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.
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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, (as of the Effective Date of this Agreement) and as may be amended and replaced by
2 CFR §200.208, effective November 12, 2020. 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;
Disallow both use of funds and any applicable matching credit for all or part of the
cost of the activity or action not in compliance;
(c) Wholly or partly suspend or terminate the award;
(d) Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and
applicable regulations or recommend such proceedings be initiated by HUD;
(e) Withhold further federal awards for the project or program; or
(fl
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, (as of the Effective Date of this Agreement) and as
may be amended and replaced by 2 CFR §200.339, effective November 12, 2020, 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 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 or CDBG-CV funds awarded by the City.
In accordance with 2 CFR §200.340, 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.
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In accordance with 2 CFR §200.340(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 (as of the Effective Date of this
Agreement) and as may be amended and replaced by 2 CFR §200.344, effective November 12,
2020, and post -closeout requirements set forth in 2 CFR §200.344 (as of the Effective Date of
this Agreement) and as may be amended and replaced by 2 CFR §200.345, effective November
12, 2020.
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 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.
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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
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.
5. Bonding requirements. Bonding requirements in 2 CFR §200.325 (as of the
Effective Date of this Agreement) and as may be amended and replaced by
2 CFR §200.326, effective November 12, 2020,.
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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. jJdependent 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 or CDBG-CV 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 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
P.O. Box 4748
Clearwater, FL 33758
April Lott
President/CEO
1437 South Belcher Road
Clearwater, FL 33764
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.
[GM20-1510-255/259955/ 1 ]
Directions for Living (CDBG-CV Prospect Towers) Page 21 of 43
IN WITNESS WHEREOF, the parties hereto have executed these presents and have set
their hands and seals this /' day of Q ILA-€ , 2021.
Rosemarie Call, City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA, a municipal
corporation organized and existing under the laws of the
State of Florida
By:LIJJ5rz
William B. Horne II, City Manager
Dire
Flor'.a n
By:
s for Mental Health, Inc., a
-pro- t co i•ratio
Title:
c.�
Print Name: �7
Date: `� 210) Z_D 2 J
THE FOREGOING CDBG AGREEMENT was acknowledged before me by means of
Ehysical presence or 0 online notarization, this o0` ay of , 2021, by
nc ` VIA- asRmdc k . He/She lag personally known to me
or ❑ has produced r as identification.
tMY PO�� ERIKA B. JOHNSON
Commission # GG 943695
d3o� Expires February 7, 2024
14OF FLOP B ndodT m BudpetNotary Santos
[GM20-1510-255/259955/ 1 ]
NOTARY PUBLI
Print Name: Er, t
My Commission Expires: Q\ ori k_
APPROVED AS TO FORM
for the use and reliance of the
City of Clearwater, Florida, only.
t cup 15
iu
, 2021.
Laura Mahony, Senior Assista City Attorney
Clearwater, Florida
Directions for Living (CDBG-CV Prospect Towers) Page 22 of 43
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 — Timesheet Activity Report
Exhibit H — EEO Clause for Subrecipients/Contractors and Subcontractors — Standard Solicitation for Bid
and Contract Language
Exhibit I — Certification Regarding Lobbying
Exhibit J — Section 3 Economic Opportunity Clause
Exhibit K — Certification Regarding Drug -Free Workplace Requirements
Exhibit L — Affidavit
Exhibit M — Signature Card
[GM20-1510-25 5/259955 / 11
Directions for Living (CDBG-CV Prospect Towers) Page 23 of 43
Exhibit A
Standards of Eligibility
CDBG & HOME Income Limits
Effective July 1, 2020
Household
Size
0 to 30% AM
(Extremely Low)
30+ to 50% AMI
(Low)
50+ to 80% AMI
(Moderate)
Above 80% AMI
(Non-Low/Moderate)
1 Person
$ 14,800
$ 24,650
$ 39,400
N/A
2 Persons
16,900
28,150
45,000
N/A
3 Persons
19,000
31,650
50,650
Ni
4 Persons
21,1 00
56,250
N/A
5 Persons
22,800.
+3�5,(1(5/0
38,�/t(�0
60,750(
N/A.
6 Persons
24,500
40,800
65,250
N/A
7 Persons
26,200
43,600
69,750
N/A
8 Persons
27,900
46,400
74,250
N/A
GROSS (UNADJUSTED) MEDIAN HOUSEHOLD INCOME - $69,200
[GM20-1510-255/259955/1] Directions for Living (CDBG-CV Prospect Towers) Page 24 of 43
Exhibit B
REQUIRED SUBRECIPIENT INFORMATION
1. Subrecipient name (which must match registered name in DUNS): Directions for
Mental Health, Inc.
2. Subrecipient's DUNS number (see 25 CFR §25.315 Data Universal Numbering
System (DUNS) number): 177760899
3. Subaward Period of Performance Start Date and End Date: 04/01/2021 to 9/30/2021
4. Amount of Federal Funds Obligated by this activity: $111,899
5. Total Amount of Federal Funds obligated to subrecipient: $111,899
6. Federal award project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA): Funds will be used for case management
services to prevent homelessness for the vulnerable senior population of Prospect
Towers who are displaced or homeless due to changes implemented by new ownership.
This includes case management salary support, deposit payment, administrative costs,
rent, relocation, and utility expenses for displaced residents..
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; P.O. Box 4748, Clearwater,
Florida 33758; (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
2 CFR §200.414 Indirect (F&A costs)): N/A
[GM20-1510-25 5/25 9 95 5/ 1 ]
Directions for Living (CDBG-CV Prospect Towers) Page 25 of 43
Exhibit C
Additional Program Requirements
1. Subrecipient shall always 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.
[GM20-1510-25 5/259 95 5/ 1 ]
Directions for Living (CDBG-CV Prospect Towers) Page 26 of 43
Exhibit D
BUDGET
Directions for Mental Health, Inc.
FY 2020-2021
Project Type = CDBG-CV
Amount of Funding = $111,899
Category
CDBG-CV
Portion
Public Services
Case management services to prevent homelessness for the
vulnerable senior population of Prospect Towers who are
displaced or homeless due to changes implemented by new
ownership. This includes case management salary support,
deposit payment, administrative costs, rent, relocation, and
utility expenses for displaced residents.
Benefit — 25 Clients
$111,899
Total
$111,899
[GM20-1510-255/259955/1] Directions for Living (CDBG-CV Prospect Towers) Page 27 of 43
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 or CDBG-CV 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 or CDBG-CV
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 or CDBG-CV 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 or CDBG-CV 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
[GM20-1510-255/259955/1] Directions for Living (CDBG-CV Prospect Towers) Page 28 of 43
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 or CDBG-CV funds
that are involved in operating the Project. This applies to part-time as
well as full-time personnel. In addition to the accounting for daily
attendance, the type of leave taken (annual, sick or other), shall be
disclosed. Daily attendance records must support budgetary charges for
payroll purposes.
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 or CDBG-CV 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.
[GM20-1510-255/259955/1 ]
Directions for Living (CDBG-CV Prospect Towers) Page 29 of 43
5. Subrecipient should maintain records in an orderly manner, with separate
identification for different Federal fiscal periods. Records must be protected from
fire or other perils, and if stored in a location other than the project site, shall be
readily accessible to the City's Economic Development and Housing Department
staff, the Inspector General, and HUD officials and others who may be authorized
to examine such records. Failure to do so may constitute a default of this
agreement resulting in suspension of reimbursement until said documentation is
submitted.
[GM20-1510-255/259955/1]
Directions for Living (CDBG-CV Prospect Towers) Page 30 of 43
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 that 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 based on 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.
[GM20-1510-25 5/25 995 5/ 1 ]
Directions for Living (CDBG-CV Prospect Towers) Page 31 of 43
2. Expenses incurred by Subrecipient will not be authorized for payment by the City's Economic
Development and Housing Department if such expenses cannot be documented by paid
receipts, invoices, or other appropriate documentation and information. Furthermore, all
requests for payment submitted by Subrecipient to the City's Economic Development and
Housing Department shall not be reimbursable by the City if such expenditures were not
expended directly for the provision of services and activity delivery costs to benefit low- and
moderate- income persons in accordance with this Agreement.
3. Provided that the requests for payment are complete and undisputed, the City's Economic
Development and Housing Department shall authorize reimbursement of approved expenditure
requests within thirty (30) days of receipt of such requests.
4. As applicable, the monthly requests for payment shall include:
a. Name and address of each client receiving services.
b. CDBG costs to be reimbursed, shown as labor, materials, other costs, including copies
of invoices, and checks in payment.
c. Brief description of services or activities undertaken during the month for which
reimbursements are being requested.
d. Total cost of services.
e. If requesting reimbursement for salaries, timesheets showing tenths of hours where
work has been done by Subrecipient and staff detailing daily total hours worked.
f. If applicable, if outside contractors have done the work, submit the contractor's paid
invoices for reimbursement. These should include an itemization of the work done, the
total cost for labor and materials, the number of hours on the job, and the rate per hour
agreed to on the project.
[GM20-1510-255/259955/1] Directions for Living (CDBG-CV Prospect Towers) Page 32 of 43
Exhibit G
Timesheet Activity Report
(This is a sample. Use separate form provided if applicable.)
g
0
0
0a
u G'
a
a
CC
0
-I
0
0
1
O
O
M N
N
/ tltl N
N
O
O
O
0
1
0
'‘).4
0
0
O
0
0
0
0
0
0
0
0
1.0
0
0
0
0
0
0
0
0
L C g1
0
tiro
0
0
I-,
O
u.LI
0
0
2
CC
0
0
0
0
0
0
0
0
I.
0
0
0
0
0
0
0
0
DIEX
YN
0
0
0
k i
0
0
r
0
o -g
0
0
0
a
4
AL
7
[GM20-1510-255/259955/1] Directions for Living (CDBG-CV Prospect Towers)
a
a
4
Page 33 of 43
Exhibit H
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR SUBRECIPIENTS AND THEIR
CONTRACTORS AND SUBCONTRACTORS
STANDARD SOLICITATION FOR BID AND CONTRACT LANGUAGE
A. Equal Opportunity Clause:
Subrecipient agrees that it will incorporate or cause to be incorporated into any contract for construction
work, or modification thereof, as defined in the regulation of the Secretary of Labor 41 CFR Chapter 60, which
is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the
Federal Government pursuant to a grant, contract, loan insurance, or guarantee or undertaken pursuant to any
Federal Program involving such grant, contract, loan insurance, or guarantee, the following equal opportunity
clause:
1. The contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by on or behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which the
contractor has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the contractor's noncompliance with the discrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated,
or suspended in whole or in part and the contractor may be declared ineligible for further
government contracts or Federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law.
[GM20-1510-255/259955/1]
Directions for Living (CDBG-CV Prospect Towers) Page 34 of 43
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.
[GM20-1510-255/259955/1]
Directions for Living (CDBG-CV Prospect Towers) Page 35 of 43
Exhibit I
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)
DIRECTIONS FOR MENTAL HEALTH, INC.
By: / .l 7.,,A__.a.- By. ,.1
Signature 1 r� _ *
L3+ Print Name: W r in AWv l e 5 <)/J Print Ni e i )
1171-7112/117bmo 4
Title:0.1('CAD---
Date:
[GM20-1510-255/259955/1] Directions for Living (CDBG-CV Prospect Towers) Page 36 of 43
Exhibit J
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.
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Directions for Living (CDBG-CV Prospect Towers) Page 37 of 43
Exhibit K
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
The certification set out below is a material representation upon which reliance is placed by
the City of Clearwater and the U.S. Department of Housing and Urban Development in
awarding the grant. If it is later determined that Subrecipient knowingly rendered a false
certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the City
and/or the U.S. Department of Housing and Urban Development, in addition to any other
remedies available to the Federal Government, may take action authorized under the Drug -
Free Workplace Act. Subrecipient will comply with the other provisions of the Act and with
other applicable laws.
CERTIFICATION
1. Subrecipient certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
Subrecipient's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
B. Establishing an ongoing drug-free awareness program to inform employees about:
1. the dangers of drug abuse in the workplace;
2. Subrecipient's policy of maintaining a drug-free workplace;
3. any available drug counseling, rehabilitation, and employee assistance programs; and
4. the penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of this
grant be given a copy of the statement required by paragraph (A);
D. Notifying the employee in the statement required by paragraph (A) that, as a
condition of employment, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction;
E. Notify the City's Economic Development and Housing Department and/or the U.S.
Department of Housing and Urban Development in writing within ten (10) calendar days
after receiving notice under subparagraph (D) (2) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must provide notice,
including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point
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Directions for Living (CDBG-CV Prospect Towers) Page 38 of 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.
[0M20-1510-255/259955/1]
Directions for Living (CDBG-CV Prospect Towers) Page 39 of 43
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Subrecipient: Directions for Mental Health, Inc.
Program Name: COVID-19 Case Management for Prospect Towers
Grant : Community Development Block Grant - Coronavirus (CDBG-CV)
Date: April 1, 2021 through September 30, 2021
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):
801 Chestnut Street, Clearwater, Pinellas County, FL 33756
❑ Check this box if there are workplaces on file that are not identified here.
ATTEST:
(CORPORATE SEAL)
By:
zd4
Signature
Print Name:
LV u a
tA/y cinJ
DIRECTIONS FOR MENTAL HEALTH,
INC.
1�
By:�= .I 4.4L.L
frej
Print ► e �'�,
Titled AT ¶ C� �'Y�C�FJC)4
Date: 5 I 210 J Zfl j
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Exhibit L
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.USA Spending. 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.
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Directions for Living (CDBG-CV Prospect Towers) Page 41 of 43
I, A34- \ L. o -1-A- (print name), hereby swear or affirm that:
I read and understand the information provided above.
I have personal knowledge of the facts I am attesting to in this affidavit.
(please check one of the following)
I attest that Directions for Mental Health, 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 Directions for Mental Health, 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 derstand that the submission of a false affidavit is punishable as a second-degree
misde r undef1Floa la
Si
xecutive Director/Board Chair
Printed e of President/Executive Director/Board Chair
STATE OF FLORIDA
COUNTY OF PINELLAS
THE FOREGOING CDBG AGREEMENT was acknowledged before me by means of
Eysical presence or ❑ onl' a notarization, this tsagay of rnQ, , 2021, by
ACV as W.V . He/She ['is personally known to me
or 0 has produced as identification.
ht4t. of ERIKA B. JOHNSON
:Amir* Commission # GO 943696
Expires February 7, 2024
rue' Bonded Tin Budget NaryUnice
NOTARY PUBLI(3
Print Name: V_X111(p. 41PCW.-1
My Commission Expires: 0.1C111.(-\•
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Subrecipient Name:
Applicant's Name:
Address:
City, State, Zip:
Telephone Number:
Exhibit M
AUTHORIZATION SIGNATURE CARD
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l,lfcf ir,N c �� AN„\_,\
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C..-eckvwa F 1 3377E
72 7-s-ZV-yy6(/
SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS:
NAME SIGNATURE
LU e3,.\ `M -e r& o ,�
I certify that the signatures above are of the individuals authorize i o execute financial documents.
5/z�/wzi
Date
1
Tit e of Authorized Offici
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