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IMPLEMENT CONDON GARDENS BOYS & GIRLS CLUB 9/30/98 I J !! AGREEMENT THIS AGREEMENT is entered into this 1st day of October, 1997, 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 & 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 Fiscal Year 1997-98 Consolidated Plan of Objectives and Projected Use of Funds, which was adopted by City of Clearwater July 17, 1997, the necessity for providing after school care for youth; 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 Condon Gardens Boys & Girls Club, in accordance with the proj ected accomplishments attached and made a fully binding part of this Agreement, as Appendix 1, as follows: Funding for administrative support will be provided to operate a boys and girls club which provides a variety of educational and recreational activities to occupy boys and girls time constructively and to provide a base from which to guide their personal development and self-esteem development. Strong emphasis is placed on remaining in high school and beyond. Tutoring and homework assistance is provided by the Pinellas County School System to achieve this goal. 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. Page 1 of 12 /0-0';; a . ("^(? u) I I 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: 1 Logging citizen comments or complaints when received. 2. Copies of comments and/or complaints received in writing. 3. Copies of responses to resolutions to complaints. complaints and/or explanations of O. The Provider shall comply with the following attachments to the Office of Management and Budget (OMB) Circular No. A-IIO, "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 Oeposi tories", 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 ln paragraph 4, the retention period for records pertaining to individual COBG 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 COBG activities shall be transferred to the recipient for the COBG program or shall be retained after compensating the recipient. Page 2 of 12 I I 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- Profi t 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 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 personnel not presently employed by said party, affirmative action in attempting to employ low income in the City of Clearwater, particularly minority group the Program with it will take persons residing 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 acti vi ties, 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. Page 3 of 12 I I 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 consti tute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. 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 Objectives 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 project, research reports, and similar public notices prepared and released by the Provider shall include the statement: Page 4 of 12 I I FUNDED BY THE CITY OF CLEARWATER COMMUNITY 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 and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and program income. 2. Time sheets for split-funded employees who work on more than one acti vi ty, in order to record the CDBG acti vi ty deli very 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 Page 5 of 12 I I resol ved. 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 project shall become operational as of October 1, 1997, and shall continue through September 30, 1998. 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. 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. Page 6 of 12 I I 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 cause is shall be writing, taken by shall notify the Provider in writing when sufficient found for termination of this Agreement. The Provider given no more than fifteen (15) days in which to reply in appealing the termination prior to final action being 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 before the effective date of suspension or anticipation of it, and in the case noncancelable, and were properly incurred termination, are not in of termination, are 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. 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 project and/or the Project Implementation Schedule or increase the total Page 7 of 12 I I 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 wri ting, 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 Three Thousand Nine Hundred and Ninety Three Dollars ($3,993.00). 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 wi thin 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 governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the Above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion which shall be binding on both parties. Page 8 of 12 I I SECTION VIII: INDEMNIFICATION AND INSURANCE The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action which may arise out of the Agreement. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend or pay to defend all suits brought against the City, when requested, and shall pay all costs and judgements which may issue thereon. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All liability insurance coverage shall be approved by the City's Risk Management Office prior to the release of any funds under this Agreement. Generally, the amount of coverage necessary would be at a minimum of $300,000. Further, in the event evidence of the required insurance is not forwarded to the Risk Management Office within thirty (30) days after the execution of this Agreement, this Agreement may be terminated at the City's option and any payments then due may be permanently withheld by the City and the City will have no further obligation under this contract or any subrecipient contract. SECTION IX; REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the community development effort rests heavily on the ability to produce an impact in low/moderate income areas, through progress in accomplishing scheduled acti vi ties. An effective method for maintaining proj ect progress against a previously established schedule is through project evaluation and reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also assures prompt and efficient submission of the following: A. Monthly Reports 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 Page 9 of 12 I I 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 Economic Development Department for review and approval. The contents of same shall include a cumulative total of the data submi tted 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 quanti tati ve 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 Page 10 of 12 I I grants of federal Corrununi ty 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 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 Corrunission 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 & GIRLS CLUBS OF THE SUNCOAST, INC. 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