92-58RESOLUTION 210. 92 -sa
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CLEARWATER, AUTHORIZING THE EXECUTION
OF COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT CONTRACTS BETWEEN THE CITY OF
CLEARWATER AND CERTAIN NONPROFIT CORPORATIONS
FOR THE PROVISION OF CERTAIN SERVICES;
APPROVING THE FORM OF THE AGREEMENT TO BE USED
FOR SUCH PURPOSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater conducts a Community
Development program with federal financial assistance under Title
I of the Housing and Community Development Act of 1974; and
WHEREAS, certain nonprofit corporations t,providers" have
agreed to provide services and carry out programs, as identified in
Exhibit A to this resolution, which are of benefit to low and
moderate income residents of the City, and desire federal financial
assistance through the City for such purposes; and
WHEREAS, the services and programs to be provided directly
advance the Community Development program of the City and serve a
proper public purpose; and
WHEREAS, an agreement to be entered into with each Provider
for such services and programs has been prepared, and a copy of the
form of the agreement is attached hereto as Exhibit B; now
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The form of a Community Development Block Grant
Subrecipient Contract to be entered into between the City and each
of the Providers identified in Exhibit A hereto, a copy of which is
attached to this resolution as Exhibit B, is hereby approved. The
Mayor and City Manager are authorized to execute contracts with
each of the providers to provide the services and programs for the
project amounts as described in Exhibit A. The form of the
contract may be modified to include schedules and provisions
related to the services and programs to be performed, provided that
such modifications are not inconsistent with or require the payment
of greater project amounts than as shown in Exhibit A without the
approval of the City Commission.
Section 2. This resolution shall take effect immediately
upon adoption.
1st day of October
PASSED AND ADOPTED t�. ^ �— �'
1992. /�'/
Attest:
to Garvey,
Cyn is E. Goudeau, City Clerk
Page 1 of 1
Commissioner
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2
EXHIBIT A
CDBG Subrecipient Agreements for 1992.1993
Agency Name:
Girls Incorporated of Pinellas county, Inc.
Principal Office:
7700 - 61 Street North, Pinellas Park 34665
Mailing Address:
- Same as above -
Agent:
Carolyn Brink, office Manager
Summary of Program:
The Girls Inc. provides daily structured
programs for girls, ages 6 -17. Programs
include tutoring, life skills, self esteem
building, nutrition, career awareness and
other related youth activities.
specific services to
be
Tutorial programs, tutor salary and fringe
provided:
benefits; operational expenses for Condon
Gardens Girls Inc.; partial salary and
benefits for one program instructor.
Project Dollar Amount
and
$20,800; 181 -1- 9465/820; matches local funds.
Code:
Agency Name:
Community Pride Child Care Center of
Clearwater, Inc.
Principal Office:
1235 Holt Avenue, Clearwater 34615
e Xailing Address:
- same as above -
t
Agent:
Martha Skelton, Executive Director
Summary of Program:
Provide a child care program for preschool
children on a sliding scale based on income
and family size for 80 children of working
,>
parents in North Greenwood.
Specific Services to
be
Partial payment of costs of renovation of
provided:
existing building.
Project Dollar Amount
and
$10,000; 181 - 9464/820; matches local funds.
code:
Agency Name: Boys and Girls Clubs of Pinellas County, Inc.
Page 1 of 6 q2 -SY
Agency Name:
Homeless Emergency Project, Inc.
Principal Office:
7748 - 61 St. North, Pinellas Park 346
Mailing Address:
P. O. Box 596, Pinellas Park 34664 -0596
Agent:
Nelson Perri, Executive Director
Summary of Program:
The Boys and Girls Clubs provides youth
services for boys and girls. Included are
self- awareness and development, tutoring,
motivational counseling, related youth
activities.
Specific Service to be
provided:
Staff operational support: partial salaries
and benefits for Program Director, Clerk,
Summer Counselor who encourage stronger self -
Project Dollar Amount and
Code:
esteem & focuses on problems of truancy,
vandalism, drug abuse, gangs.
Project Dollar Amount and
Code:
$14,400; 181- 9465 -820; Provides staff salary.
Agency Name:
Community Service Foundation '
Agency Name:
Homeless Emergency Project, Inc.
Principal Office:
1120 N. Betty Lane, Clearwater 34615
Mailing Address:
- Same as above -
Agent:
Barbara Green, Director
Summary of Program:
Homeless Emergency Project provides emergency
and transitional housing to approx. 200
persons /day. Two daily meals, hygiene items,
job referrals, counseling, transportation, and
related services also provided.
Specific Services to be
provided:
Rehab of a one unit permanent housing
structure at 606 Hart Street for use as
transitional housing.
Project Dollar Amount and
Code:
I
$15,500; 181 - 9467/820; funding from CDBG and
Homeless Emergency Project.
Agency Name:
Community Service Foundation '
Principal Office:
111 S. Garden Avenue, Clearwater 34616
mailing Address:
- Same as above -
Agent:
Charles D. Mann, Executive Director
Summary of Program:
The Foundation provides a broad range of
services and advocacy on community
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improvement, homelessness, low /moderate income
families and individuals issues. A Letter of
Agreement (Exhibit B) between the City of
Clearwater Planning and Development Department
and the Pinellas County Community Development
Department is the structure for the delivery
of services.
Specific Services to be Central Housing Assistance Service counseling,
provided: including the following: housing placement,
rental listings, emergency rental and utility
assistance, Agency referrals: operation
support.
Project Dollar Amount and $34,200; 181- 9465/820; matches Federal and
Code: local funds.
Agency lame: Partners in Self- Sufficiency
Principal office: 210 S. Ewing Avenue, Clearwater 34616
Mailing Address: P. 0. Box 960, Clearwater 34616
Agent: Sue King, Director
Summary of Program: Assistance to low income single parents with
housing, child care, counseling, job training
and education.
Specific Services to be operational support to fund a portion of
provided: Director's salary.
Project Dollar Amount. and $13,000; 181 - 9465/820; matches local funds.
Code
Agency Name: Ervin's All American Youth Club, Inc.
Principal Office: 1250 Holt Avenue, Clearwater 34616
Mailing Address: P. o. Box 815, Clearwater 34615
Agent: Ervin A. Harris, Executive Director
summary of Program: Serves minority youth in N. Greenwood area
encouraging self - development and self -
awareness, athletics, tutoring, motivational
counseling and related activities with
parental participation encouraged.
Specific Services to be operational support: portion of salaries for
provided: Director, Assistant Director, Aide,
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Project Dollar amount and $15,850; 181- 9465/820; matches local funds.
code:
Agency Name: Tampa Bay Community Development Corporation,
Inc.
Principal office: 1449 Gulf to Bay Blvd., #201, Clearwater 34615
Mailing Address: - Same as above -
Agent: Gregory Schwartz, Project Coordinator
summary of Program: Provide a means for low income families to
become homeowners by acquiring foreclosed
properties, rehabilitating them, and reselling
them to qualified low and moderate income
families.
Specific Services to be Funds will be provided for first -time
provided: homebuyers' down payment assistance.
Administrative costs of 10% will be reimbursed
for each loan or grant made to qualified
clients.
Project Dollar Amount and $27,000; 181 -1- 9466/820; matches other Federal
codes and local funds
Agency Name: Religious Community Services, Inc.
Principal Address: 1855 S. Highland Avenue, Clearwater 34616
Mailing Address: - Same as above -
Agent: Ms. Donna Foote, Director
Summary of Program: Agency is a non - profit organization which
provides temporary shelter, food, clothing,
counseling and inter- agency referrals to
families with children in severe financial
�1 crisis.
specific Services to be Funds are to be used to replace the
provided: deteriorated vinyl flooring in twelve mobile
homes used for emergency housing.
Project Dollar Amount and $5,000; 181 -1- 9467/820
Code:
* * * * * * * * * *
Agency Name: Pinellas Habitat for Humanity, Inc.
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develops affordable new housing for low and
moderate income households.
Specific services to be Funds are to be provided for the purchase of
provided: five building lots for construction of new
housing for low income families.
Project Dollar Amount and $20,000; 181 -1- 8466/820
Code:
Agency Name:
Pinellas County Head Start
Principal office:
12351 - 134 Avenue N, Largo 34644 -1811
Mailing Address:
- Same as above -
Agent:
Ed Dickey, Personnel and Training Officer
Summary of Program:
Head Start Center for 40 children in 2
classrooms located at 920 Palmetto Street.
Specific services to
be
One additional modular classroom will be
} provided:
installed to serve an additional 20 children.
Project Dollar Amount
and
$5,300; 181 -1- 94641820; matches additional
Cods:
private source funding.
Agency Name:
Youthbuilders Clearwater
Principal office:
1002 Palmetto Street, Clearwater 34615
Mailing Address:
- Same as above -
Agent:
Thomas H. Beatty, III, Board Member
Summary of Program:
Start up program to provide employment and
training to disadvantaged youth in the North
Greenwood area by rehabilitating buildings and
residences within the community.
Specific Services to
be
Funds will be used to pay youth salaries for
provided:
participants at minimum wage.
Project Dollar Amount
and
$11,900; 181 -1- 9465/820; matches funds from
Code:
grants and private donations.
Agency Name: Law Enforcement Apprentice Program
City of CLearwater Police Department
Principal Office: 644 Pierce Street, Clearwater 34615
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Mailing Address:
Agent:
Summary of Program:
Specific services to be
provided:
Project Dollar Amount and
Code:
L: \DATA \CDO \RES58.92
P.O. 4748, Clearwater, 34618
Sid Klein, Chief of Police
The L.E.A.P. program provides employment,
training, and educational incentives for young
residents of the North Greenwood neighborhood
while providing community policing at the
North Greenwood substation.
Partial payment of salaries for three police
aides.
$10,400; 181 -1- 9465/810; matches federal and
local funds.
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TA i31d
AGREEMENT
THIS AGREEMENT is entered into this 1st day of October, 1992, by and
between the City of Clearwater, a Florida municipal corporation, having its
principal office at 10 South Osceola Avenue, Clearwater, Florida, hereinafter
referred to as the "City ", and the HOMELESS EMERGENCY PROJECT, 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 Eighteen Final
Statement of Objectives and Projected Use of Funds, which was adopted by City
of Clearwater July 3, 1992, the necessity for providing one unit of
rehabilitated permanent housing for occupancy as part of a transitional
housing program at 606 Hart Street; 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 606 Hart Street housing
rehabilitation, in accordance with the projected accomplishments
attached and made a fully binding part of this Agreement, as Appendix 1,
as follows:
Rehabilitation of one single family home located at 606 Hart Street,
rehabilitation to include kitchen, bathroom, roofing and other integral
structural improvements.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program provides housing services to eligible low or moderate income
individuals or families
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.
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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 ", except for paragraph 4
concerning deposit insurance.
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 O, "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
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
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9 -51
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.
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
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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:
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 PLANNING
AND URBAN 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 activities 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 followings
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.
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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 project shall become operational as of October 1, 1992, and shall
continue through September 30, 1993.
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
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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 sub-recipient, 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.
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.
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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
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
five hundred dollars ($15,500) for rehabilitation of housing unit located at
606 Hart Street. 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 Itconflict 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
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upon knowledge of such possible conflict. The City will then render an
opinion which shall be binding on both parties.
SECTION VIII: INDEMNIFICATION
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, through its insurance carrier, shall pay all claims
and losses of any nature whatsoever in connection therewith and shall defend
all suits in the name of the City, when applicable, 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 insurance coverage shall be approved by the City's Risk management Office
prior to the release of any funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the Risk
Management Office within thirty (30) days after the execution of this
Agreement, this Agreement shall become null and void and the City shall have
no obligation under the terms thereof unless a written extension of this
thirty (30) day requirement is secured from the Insurance Manager.
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 activities. An effective method for
maintaining project 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
B. Semi- Annual Progress Evaluation. No later than April 10, the Provider
shall submit evaluation of the effectiveness of the program during the
first six months of the year. The purpose of this report is to permit
the City to implement a subrecipient ranking system for requests for
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funding for the subsequent program year. This report shall be provided
on forms to be developed by the City. This requirement may be waived if
the Provider elects not to request funding in the subsequent program
year.
C. 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
Page 9 of 14
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
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.
HOMELESS 'EMERGENCY PROJECT INC.
By
President
Date
ATTEST:
Secretary
Date
Countersigned: CITY OF CLEARWATER, FLORIDA
By
Rata Garvey Michael Wright
Mayor - Commissioner City Manager
Page 10 of 14
T a -Sr
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO tXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the regulations of the Secretary of Labor at 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 the 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:
During the performance of this contract, the contractor agrees as follows;
(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 of training, including
apprenticeship. The contractor agrees to post in a conspicuous place,
available to employees and applicants for employment, notices to be
provided setting forth the provision of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by 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 he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said
labor union or workers' representative 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 his 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 non - compliance with the non-+
4'af;a� 11 of 14
V-1 OWA
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, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(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 204 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 non - compliance
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
interest of the United States.
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.
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.
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 Par II, Subpart D of the
Executive Order. In addition, the applicant 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, suspend in whole or
in part this grant (contract, loan, insurance guarantee) ; refrain from
Page 12 of 14
e/ A `SY
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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.
Page 13 of 14
dAk
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 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. Section 3 requires that to the
greatest extent feasible, opportunities for training and employment be
given to lower 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 part by persons residing
in the area of the project.
B. The parties to this contract will comply with the provision of said
Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Development set forth in 24 CFR 135.20, and all
applicable rules and orders of the Department issued thereunder prior to
the execution of this contract. The parties to this contract certify
and agree that they are under no contractual or other disability which
would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization of 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.
D. The contractor 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 the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR 135.20. The contractor will not
subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR
135.20, and will not let any subcontract unless the subcontractor has
first provided it with a preliminary statement of ability to comply with
the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR 135.20, and all applicable rules and orders of the Department
issued thereunder 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 contractors and subcontractors,
its successors, and assigns to those sanctions specified by the grant or
loan agreement or contract throught which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR 135.20.
Pago 14 of 14
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CLEARWATER COMMUNITY DEVELOPHENT DIVISION
NARRATIVE REPORT FORM
PROJECT NAME: REPORTING MONTH/YEAR-
REPORTER SIGNATURE t POSITIONS
DESCRIPTION OF ACTIVITIES AND PROJECTED ACCOMPLISHMENTS SCHEDULED
FOR THE REPORTING PERIODS
PER ACTIVITY, STATE THE STATUE OF PROJECTED ACCOMPLISHMENTS, LIST
COMPLETED UNITS OF MEASURE, AND DESCRIBE MATERIAL PRODUCED FOR THE
REPORTING PERIOD:
STATE ALL PROBLEMS ENCOUNTERED AND /OR THEIR RESOLUTION, WHICH HAVE
AFFECTED THE OPERATION OF THE PROJECTED DURING THE PERIOD, OR WHICH
HAVE IMPACTED ON THE COMPLETION OF PROJECTED .ACCOMPLISHMENTS AND /OR
THE CDDG EXPENDITURE RATE:
STATE OR LIST SPECIAL RECOGNITION RECEIVED DURING THE REPORTING
PERIOD:
APPENDIX 3
PAGE 3 OF