RENEWAL OF AGREEMENT TO 9/30/95
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AGREEMENT
THIS AGREEMENT is entered into this 1st day of October, 1994, by and
between the City of Clearwater, a Florida municipal corporation, having its
principal office at 112 South Osceola Avenue, Clearwater, Florida,
hereinafter referred to as the "City", and the Boys and Girls Clubs of the
Suncoast Inc., hereinafter referred to as the "Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department
of Housing and Urban Development for the purpose of conducting a Housing and
Community Development Program (HUD) with federal financial assistance under
Title I of the Housing and Community Development Act of 1974, as amended,
hereinafter called "Act"; and the Cranston-Gonzalez National Affordable
Housing Act of 1990; and
WHEREAS, the City has determined through its Year Twentieth Final
Statement of Objectives and Projected Use of Funds, which was adopted by City
of Clearwater August 4, 1994, the necessity for providing operating support
for the youth club's activity program; and
WHEREAS, the City desires to engage the Provider to render certain
services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement the youth club's activity program, in
accordance with the projected accomplishments attached and made a fully
binding part of this Agreement, as Appendix 1, as follows:
Administrative support for youth club's program located in the 284 unit
Condon Gardens public housing development.
SECTION II:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income persons living
primarily in Clearwater.
B. The Provider shall maintain in its file the documentation on which basis
it determines that the project benefits low and moderate income persons,
minorities and residents of Clearwater. Such records -shall include, but
not be limited to profiles identifying financial classification, head of
household, ethnicity, race and gender, or area benefit data, as
required.
C. The Provider shall maintain a citizen participation mechanism, which
will include, but not be limited to the following:
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1 Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of
resolutions to complaints.
D. The Provider shall comply with the following attachments to the Office
of Management and Budget (OMB) Circular No. A-110, "Uniform
Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals and Other Non-Profit Organizations",
incorporated by reference into this Agreement.
1.
Attachment A, "Cash Depositories",
concerning deposit insurance.
except for paragraph 4
2. Attachment E, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for Records",
except that in lieu of the provisions in paragraph 4, the retention
period for records pertaining to individual CDBG activities starts
from the date of expiration of this Agreement, as prescribed in
570.507, in which the specific activity is reported on for the
final time.
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment H, "Monitoring and Reporting Program Performance",
paragraph 2.
6. Attachment N, "Monitoring Management Standards", except. for
paragraph 3 concerning the standards for real property and except
that paragraphs 6 and 7 are modified so that in all cases in which
personal property is sold, the proceeds shall be "program income"
and that personal property not needed by the sub-recipient for CDBG
activities shall be transferred to the recipient for the CDBG
program or shall be retained after compensating the recipient.
7. Attachment 0, "Procurement Standards".
E. Costs incurred under this program shall be in compliance with Federal
Management Circular No. A-122, "Cost Principles for Non-Profit
Organizations", incorporated by reference into this Agreement.
F. The Provider shall abide by those provisions of 24 CFR Part 570 subpart
J, when applicable, incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incurred for the program prior
to approval and release of funds from the U.S. Department of Housing and
Urban Development. Further, it is expressly understood that in the
event no funds are released from the U.S. Department of Housing and
Urban Development in connection with this Program, then the City is not
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liable for any claims under this contract.
H. The Provider shall certify, pursuant to Section 109 of the Act, that no
person shall be denied the benefits of the program on the ground of
race, color, national origin or sex.
I. The Provider agrees that to the extent that it staffs the Program with
personnel not presently employed by said party, it will take affirmative
action in attempting to employ low income persons residing in the City
of Clearwater, particularly minority group members.
J. The Provider shall comply with the provisions of 24 CFR 570.504 (c),
"Program Income", gross income directly generated from the use of CDBG
funds. In those instances where the City allows the sub-recipient to
retain program income, these funds shall be expended for CDBG eligible
activities, previously approved by the City in accordance with the
projected accomplishments and budget descriptions attached to this
Agreement.
K. The Provider shall adhere to the applicable requirements contained in
the "Acknowledgement of Economic Development Activities", attached
hereto and made a part hereof as Appendix 2, if applicable.
L. The Provider shall comply with First Amendment Church/State principles,
as follows:
1. It will not discriminate against any employee or applicant for
employment on the basis of religion and will not limit employment
or give preference in employment to persons on the basis of
religion.
2. It will not discriminate against any person applying for public
services on the basis of religion and will not limit such services
or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious
proselytizing, and exert no other religious influence in the
provision of such public services.
4. The portion of a facility used to provide public services assisted
in whole or in part under this Agreement shall contain no sectarian
or religious symbols or decorations.
5 . The funds received under this Agreement shall not be used to
construct, rehabilitate, or restore any religious facility which is
owned by the Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are
directly related to the public services; are located in a structure
used exclusively for non-religious purposes; and constitute, in
dollar terms, only a minor portion of the CDBG expenditure for the
public services.
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M. The Provider shall transfer to the City upon expiration of this
Agreement, any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds. The
following restrictions and limitations apply to any real property under
the Provider's control which was acquired or improved in whole or in
part with CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet
one of the National Obj ectives in the CDBG Regulations. Part
570.208 until five years or such longer period of time as
determined appropriate by the City after expiration of the
Agreement.
2. If the real property is sold within the period of time specified
above, the property must be disposed of in a manner which results
in the City being reimbursed in the amount of the current fair
market value of the property, less any portion thereof attributable
to expenditures on non-CDBG funds for acquisition of, or
improvement to, the property. Such reimbursement is required.
N. The Provider agrees that when sponsoring a project financed in whole or
in part under this Agreement, all notices, informational pamphlets,
press releases, advertisements, descriptions of the sponsorship of the
proj ect, research reports, and similar public notices prepared and
released by the Provider shall include the statement:
FUNDED BY THE CITY OF CLEARWATER
COMHtJNITY DEVELOPMENT BLOCK GRANT PROGRAM
In written materials, the words -CITY OF CLEARWATER COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT OF ECONOMIC
DEVELOPMENT- shall appear in the same size letters or type as the name
of the Provider.
O. The Provider shall ensure the following when entering into a sub-
contract agreement:
1. The full correct legal name of the party shall be identified.
2. The" Scope of Services" shall describe the acti vi ties to be
performed.
P. The Provider shall maintain sufficient records in accordance with 24 CFR
570.502 and 570.506 to determine compliance with the requirements of
this Agreement, the Community Development Block Grant Program and all
applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted
accounting principles, procedures and practices which sufficiently
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and properly reflect all revenues
provided directly or indirectly by
matching funds and program income.
and expenditures
this Agreement,
of funds
including
2. Time sheets for split-funded employees who work on more than one
activity, in order to record the CDBG activity delivery cost by
project and the non-CDBG related charges.
3. How the Statutory National Objective(s) and the eligibility
requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and
appropriate determinations, income certifications, written
agreements with beneficiaries, where applicable.
Q. The Provider is responsible for maintaining and storing all records
pertinent to this Agreement in an orderly fashion in a readily
accessible, permanent and secured location for a period of three (3)
years after expiration of this Agreement, with the following exception:
if any litigation, claim or audit is started before the expiration date
of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are
resolved. The City shall be informed in writing after close-out of this
Agreement, of the address where the records are to be kept.
SECTION III:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds
by the U. S. Department of Housing and Urban Development and being duly
executed by both parties, whichever is later.
This proj ect shall become operational as of October 1, 1994, and shall
continue through September 30, 1995.
SECTION IV:
TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written
notice of the other party of such intent to terminate at least thirty
(30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience,
when both parties 'agree upon the termination conditions. A written
notification shall be required and shall include the following: reason
for the termination, the effective date, and in the case of a partial
termination, the actual portion to be terminated. However, if, in the
case of a partial termination, the City determines that the remaining
portion of the Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may
suspend or terminate this Agreement in whole, or in part, for cause.
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1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this
Agreement, or any federal statute or regulation.
b. Submitting reports to the City which are late, incorrect or
incomplete in any material respect.
c. Implementation of this Agreement, for any reason, is rendered
impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the
City, including substantiating documents when
required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as
determined by the City's monitoring of the subrecipient, and
applicable HUD rules and regulations.
2. The City shall notify the Provider in writing when the Provider has
been placed in default. Such notification shall include actions
taken by the City, such as withholding of payments, actions to be
taken by the Provider as a condition precedent to clearing the
deficiency and a reasonable date for compliance, which shall be no
more than fifteen (15) days from notification date.
3. The City shall notify the Provider in writing when sufficient cause
is found for termination of this Agreement. The Provider shall be
given no more than fifteen (15) days in which to reply in writing,
appealing the termination prior to final action being taken by the
City.
D. Let it be further understood that upon curtailment of, or regulatory
constraints placed on, the funds of the U.S. Department of Housing and
Urban Development, this Agreement will terminate effective as of the
time that it is determined such funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a
suspension or after termination, are not allowable unless the City
expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during suspension or after termination which
are necessary and not reasonably avoidable are allowable if:
.1. The costs result from obligations which were properly incurred
before the effective date of suspension or termination, are not in
anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or
expired normally at the end of the Agreement in which the
termination takes effect.
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F. Upon termination of the Agreement, the Provider and the City shall meet
to discuss the City's determination if any amounts are to be repaid to
the City or if additional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall
only be valid when they have been reduced to writing and duly signed by both
parties. Any changes which do not substantially change the scope of the
proj ect and/or the proj ect Implementation Schedule or increase the total
amount payable under this Agreement, shall be valid only when reduced to
writing and signed by the City Administration and the Provider.
The City shall not reimburse the Provider for outlays in excess of the funded
amount of the Agreement unless and until the City officially, in writing,
approves such expenditure by executing a written modification to the original
Agreement.
SECTION VI:
METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid
hereunder for actual expenditures incurred shall not exceed Fifteen Thousand
Dollars ($15,000.00). Such funds must be expended during the term of the
Agreement, and any remaining balance of funds shall revert to the City. Such
compensation shall be paid in accordance with the projected accomplishments
and budget descriptions attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual
expenditures, including applicable back-up documentation, no later than
the tenth (10th) day of the succeeding month and the City will provide
reimbursement, upon approval, within ten (10) working days after receipt
of the same, if submitted by the deadline data for inclusion on the
drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this
Agreement on a monthly basis in accordance with the Budget and Project
Implementation Schedule attached hereto and made a part hereof as
Appendix 1. Line item transfers are allowable only within each
component and may not exceed in the aggregate fifteen percent (15%) of
each line item without prior written approval of the City. All changes
amounting to more than fifteen percent (15%) require prior written
approval.
SECTION VII:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently
exercises any functions or responsibilities in connection with Community
Development funded activities, has any personal financial interests, direct
or indirect, in this Agreement. The Provider covenants that in the
performance of this Agreement, no person having such conflicting interest
shall be employed. The Provider covenants that it will comply with all
provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes
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foverning conflicts of interest. The Provider shall disclose, in writing, to
~he City any possible conflicting interest or apparent impropriety that is
~overed by the Above provisions. This disclosure shall occur immediately
Ipon knowledge of such possible conflict. The City will then render an
)pinion which shall be binding on both parties.
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;ECTION VI I I :
INDEMNIFICATION AND INSURANCE
:'he Provider shall indemnify and hold harmless the City from any and all
:laims, liability, losses and causes of action which may arise out of the
\greement. The Provider shall pay all claims and losses of any nature
~hatsoever in connection therewith and shall defend or pay to defend all
3uits brought against the City, when requested, and shall pay all costs and
judgements which may issue thereon.
~utomobile and vehicle coverage shall be required when the use of automobiles
lnd other vehicles are involved in any way in the performance of the
\greemen t .
rhe Provider shall submit to the City an ORIGINAL Certificate of Insurance.
HI liability insurance coverage shall be approved by the City's Risk
1anagement Office prior to the release of any funds under this Agreement.
;enerally, the amount of coverage necessary would be at aminimum of $300,000.
~rther, in the event evidence of the required insurance is not forwarded to
:he Risk Management Office within thirty (30) days after the execution of
:his Agreement, this Agreement may be terminated at the City's option and any
?ayments then due may be permanently withheld by the City and the City will
~ve no further obligation under this contract or any subrecipient contract.
3ECTION IX:
REPORTING AND EVALUATION REQUIREMENTS
4aintaining credibility for the community development effort rests heavily on
:he ability to produce an impact in low/moderate income areas, through
;>rogress in accomplishing scheduled activities. An effective method for
naintaining project progress against a previously established schedule is
:hrough project evaluation and reporting, which will consist of both written
:eports and staff discussions on a regular basis. The Provider also assures
;>rompt and efficient submission of the following:
A.. Monthlv ReDorts are due no later than the tenth (10th) day of the
succeeding month and 'shall include the request for payment when
applicable. Contents of the Monthly Report, attached hereto and made a
part hereof as Appendix 3, shall include but not necessarily be limited
to the following:
1. The Narrative Report Form
2. The Financial Summary Form, which shall include the request for
payment and documentation, as applicable.
3. The Client Profile Form
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B. Final Evaluation. Within twenty (20) days of contract completion, a
final report documenting how the Statutory National Objective and the
eligibility requirements were met, must be submitted by the Provider to
the City's Community Development Division for review and approval. The
contents of same shall include a cumulative total of the data submitted
during the program's operation. Further, such report shall include
statistical findings which depict program efficiency; i.e., the number
of dollars spent, including non-CDBG funding sources, to render actual
service to program recipients, and an overall evaluation of the
program's effectiveness, and quantitative results. The final report
will be evaluated and the Provider will be notified if additional data
is necessary or that the project/activity is considered "closed-out".
Other Reporting Requirements may be required by the City in the event of
program changes, need for additional information or documentation and/or
legislation amendments. The Provider shall be informed, in writing, if any
changes become necessary.
Reports and/or requested documentation not received by the due date, shall be
considered delinquent, and may be considered by the City as sufficient cause
to suspend CDBG payments to the Provider.
SECTION X:
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal
Government representatives may deem necessary, there shall be made available
to representatives of the City and/or the Federal Government an opportunity
to review, inspect or audit all records, documentation, and any other data
relating to all matters covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after
the end of the Provider's fiscal year. The audit shall be performed in
accordance with OMB Circular A-110 Attachment F, OMB Circular A-133 or OMB
Circular A-128, as applicable. If this Agreement is closed-out prior to the
receipt of an audit report, the City reserves the right to recover any
disallowed costs identified in an audit after such close-out.
SECTION XI: COMPLIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they
may apply to program administration. Additionally, the Provider will comply
with all state and local laws and ordinances hereto applicable.
SECTION XII:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies
contemplated by this Agreement to be used for compensation originated from
grants of federal Community Development Block Grant funds, and must be
implemented in full compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or
non-production of said federal grant funds, that the financial sources
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necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby terminate effective as of the time that
it is determined that said funds are no longer available.
In the event of such determination, the Provider agrees that it will not look
to, nor seek to hold liable, the City or any individual member of the City
Commission thereof personally for the performance of this Agreement and all
of the parties hereto shall be released from further liability each to the
other under the terms of this Agreement.
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the day and date first above
indicated.
BOYS AND GIRLS CLUBS OF THE SUNCOAST, INC.
BY~~c0dr/~
President
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Date
ATTEST:
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.J"Secretary. ~s>/~f,~
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CITY OF CLEARWATER, FLORIDA
Countersigned:
Rita G ey
Mayor-Commissioner
-
By -Ii- /t;t ~
Elizab h M. eptula
City Manager
Date
ATI'EST:
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Approved as to form & correctness:
[A~tL~L [1"L"Lbu]
City Attorney
Cynthia Goudeau
City Clerk
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Date
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