94-75RESOLUTION NO. 94 -75
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 "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.
upon adoption.
PASSED AND ADOPTED
1994,
Attest:
This resolution shall take effect immediately
20t day of October
to Garvey,
O,r,A
-Iiy-111 is E. Goudeau, City er
r - Commissioner
q4 -75
EXHIBIT A
CDBG Subrecipient Agreements for 1994 -1995
Agency Name;
Community Pride Child Care Center of
Clearwater, Inc.
Principal Office:
1235 Holt Avenue, Clearwater_ 34615
Mailing Address:
- same as above -
Agent:
Martha Skelton, Executive Director
Summary of Program:
Funds provided to renovate building located at
1235 Holt Avenue.
Specific Service to be
Partial payment of costs of renovation of
provided:
existing building.
Project Dollar Amount and
$31,634; 181- 99482- 582000 -554 -000.
Code:
Agency Name:
Boys and Girls Clubs of the Suncoast, Inc.
Principal Office:
2936A Tanglewood Drive, Clearwater 34619
Mailing Address:
P. 0. 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
Staff operational support: partial salaries
provided:
and benefits for Program Director for program
which encourage stronger self- esteem & focuses
on problems of truancy, vandalism, drug abuse,
gangs.
Project Dollar Amount and
$15,000; 181 - 99481- 58200 -554 -000.
Code:
Agency Name; Homeless Emergency Project, Inc.
Principal Office: 1120 N. Betty Lane, Clearwater 34615
Mailing Address: - Same as above -
Agentz Barbara Green, Director
Page / of 4�
q7 "'-7 5'
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 Renovation of an existing storage garage into
provided: sleeping room to house the homeless.
Project Dollar Amount and $80,000; 181 - 99482- 582000 -554 -000.
Code:
Agency Name: Tampa Bay Community Development Corporation,
Inc.
Principal Office: 1499 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 and second
mortgage financing. Administrative costs of
15o will be reimbursed for each loan or grant
made to qualified clients.
Project Dollar Amount and $290,000; 181 - 99485- 582000- 554 -000
Coder
Agency Name;
Religious Community Services, Inc.
Principal Address;
1885 S. Highland Avenue, Clearwater 34616
Mailing Address:
- Same as above -
Agent:
Francis Lewis, Executive 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
crisis.
Specific Services to be
Funds are to be used to relocate and convert
provided:
four duplexes for emergency housing and
provide for architectural, legal and
accounting costs to build a homeless facility.
Page of G
C .14 -75-
Funds are also provided to acquire two parcels
of land at 1552 -1558 S. Myrtle Avenue for
transitional housing for the homeless.
Project Dollar Amount and $129,300; 181- 99482- 582000 -554 -000 Pub. Fac.
Code: $100,000; 181- 99485 - 582000- 554 -000 Acquisition
Agency Name;
Principal Office:
Mailing Address:
Agent:
Summary of Program:
Specific Services to be
provided:
Project Dollar Amount and
Code:
Pinellas Opportunities Council, Inc.
P.O. Box 11088, St. Petersburg 33733 -1088
Same as above
Joan Lanier, Project Director
This program provides housekeeping and chore
services to the low to moderate income frail
elderly who are unable to take care of
themselves throughout the City of Clearwater.
Funds to be provided for administrative
support of the Chore Services Program.
$13,989, 181 - 99481- 582000 -554 -000
Agency Name: YWCA of Tampa Bay
Principal Office: 222 S. Lincoln Avenue, Clearwater, FL, 34618
Mailing Address: 655 Second Avenue South, St. Petersburg, FL,
33701
Agent: Judy Woods- Ganison, Project Director
Summary of Program: This program provides tutorial assistance to
children of homeless families who live in the
RCS Emergency Housing Shelter and Everybody's
Tabernacle.
Specific Services to be Funds are to be used to purchase and install a
provided: heating and air conditioning system to the
facility located at 222 S. Lincoln Avenue.
Project Dollar Amount and $8,160 181- 99482 - 582000- 554 -00
Code:
Agency Name: Gulf Coast Family and Mental Health Service,
Inc.
Principal Office: 14041 Icot Boulevard, Clearwater, FL 34620
Mailing Address: - same as above -
Page .� of
74-751
Agent:
Summary of Program:
Specific Services to be
provided:
Project Dollar Amount and
Code:
Sheila Lopez, Executive Director
Provide renovation expenses.
Funds are to be provided to renovate a vacant
building located at 407 Arcturas Avenue,
Clearwater, to house counselors who give
counseling services to the individuals with
AIDS /HIV.
$50,000 181- 99482 - 582000- 554 -000
* * * * * * * * * *
Agency Name: Clearwater Housing Authority
Principal Office: 210 S. Ewing Avenue, Clearwater, FL 34616
Mailing Address: - same as above -
Agent: Deborah Vincent, Executive Director
Summary of Program: The program provides first time home ownership
opportunities.
Specific Services to be Funds are to be used to be provided for
provided: predevelopment costs of a multi - family /single
family affordable housing development.
Project Dollar Amount and $250,000 181 - 99485 - 582000 - 554 -000
Code:
Agency Name: Clearwater Police Department
Principal Office: 644 Pierce Street, Clearwater, FL 34618
Mailing Address: P. 0. Box 4748, Clearwater, FL 34618
Agent: Sid Klein, Police Chief
Summary of Program: The NuCop program will provide employment
opportunities to approximately 30 young
adults.
Specific Services to be Funds are to be provided for salary support of
provided: the individuals to be hired by the police
department.
Project Dollar Amount and $21,439 181- 99486 - 582000 -554 -000
Code:
* * * * * * * * * *
Agency Name: Pinellas Private Industry Counsel
Principal Office: 13770 58th Street North, Suite 312,
Clearwater, FL 34620
Page Al of 4,
q4 --76
Mailing Address: - same -
Agent: Ms. Phyllis Birch, Program Coordinator
Summary of Program: Program provides employment and educational
opportunities to low and moderate income
individuals who participate in the Youth
Builders Clearwater Program.
Specific Services to be Funds are to be provided to pay the minimum
provided: wage training salaries for two groups of 15
youths.
Project Dollar Amount and $24,446 181 - 99486- 582000 - 554 -000
Code:
* * * * * * * * * *
Agency Name; Community Service Foundation
Principal office: 111 S. Garden Avenue, Clearwater, FL 34616
ding Address: - same as above -
�Ci::
Agent: Charles Mann, Executive Director
Summary of Program: Agency provides emergency rental counseling
and assistance, eviction counseling, referrals
and housing placement.
Specific Services to be Funds are to be provided for operational
provided: supVort for the Comprehensive Housing
Assistance program and for activity delivery
costs for the Infill Housing Program.
Project Dollar Amount and $40,316; 161- 99481- 8520000- 554 -000 Pub. Ser.
Code: 4,500; 181 - 99485- 852000 -554 -000 Infill Prg.
Agency Name: Clearwater Neighborhood housing Services, Inc.
Principal office: 608 North Garden Avenue, Clearwater, FL
Mailing Address: - same as above -
Agent: Isay Gulley, Executive Director
Summary of Program: Agency provides several different housing,
code enforcement, and economic development
activities for homeowners, home buyers and
business in the North Greenwood area.
Specific Services to be Through the City's Community Response Team,
provided: the agency will help foster code enforcement
in the North Greenwood neighborhood. Funds
will be provided for home ownership, home
buying and economic development opportunities
and activity delivery costs.
Page ,5 of lv
Project Dollar Amount and $175,000; 181 - 99488 - 582000- 554 -000 Code Enf.
Code: $87,380; 181- 99486 - 582000- 554 -000 Icon. Dev.
$245,632; 181- 99483- 582000- 554 -000 Rehab Prog.
$314,930; 181 - 99485- 582000- 554 -000 Infill
Agency Name; Partners in Self- Sufficiency
Principal Office: 210 S. Ewing Street, Clearwater, FL 34616
Mailing Address: - same as above -
Agent: Sue icing, Executive Director
Summary of Program: Provide administrative operational assistance.
Specific Services to be Operation support for program which provides a
provided: comprehensive support system of education,
housing, child care and counseling for low
income families principally those with single
heads of household.
Project Dollar Amount and $32,000 181- 99481 - 582000- 554 -000
Code:
* * * * * * * * * *
Agency Names
The Salvation Army
Principal Office:
1625 N. Belcher Road, Clearwater, FL 34525
Mailing Address:
- same as above -
Agent:
Mr. Terry Hammond, Program Coordinator
Summary of Program:
Agency will provide transitional housing
opportunities to the homeless.
Specific Services to be
Funds are to be provided for administrative
provided:
staff support to operate the homeless facility
and for consultant and architectural services
for predevelopment funding to enable the
.process of searching for, locating, designing,
and rendering building documents to secure
facility for the Homeless Drop -In Center.
Project Dollar Amount and
$30,700; 181- 99482- 582000 - 554 -000 Pub. Fac,
Codes
61,726; 181- 99481- 582000- 554 -000 Pub. Ser,
et * ik sk * �Y * �t * •k
Page / of e+•
Cl 1+—,-7!5
EXHIBIT B
RESOLUTION NO, 94 -75
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CLEARWATER$ 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 "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.
PASSED AND ADOPTED this day of
1994.
Attest:
Rita Garvey, Mayor - Commissioner
Page j of
q4-75 75
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 agency -, 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 providinq_purpose --; 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 program, in accordance with the
projected accomplishments attached and made a fully binding part of this
Agreement, as Appendix 1, as follows:
scope-
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. II_
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 complaints and /or explanations of
resolutions to complaints.
1). The Provider shall comply with the following attachments to the Office
of Management and Budget (OMB) Circular No. A -110, "Uniform
Page I of I
EXHIBIT B
T 757
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.
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
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.
1. 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
Page 2 of 10
q q -`7 5
of Clearwater, particularly minority group members.
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
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
page 3 of 10
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 ECONOMIC
DEVELOPMENT" shall appear in the same size letters or type as the name
of the Provider.
0. 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 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
activity, in order to record the CDBG activity delivery cost by
project and the non -CDBG related charges.
Page 4 of 10
g4-75
3. Flow 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, 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 termii -ated. 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.
Page 5 of 10
q _-75
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.
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 c,.se 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.
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 ho!1h
Page b of 10
q4-75
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 6-. 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 °s) 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 CF'R 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.
SECTION VIIIs. XNDEMNXFXCATX09 AND INSURANCE
Page 7 of 10
4_15
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 aminimum 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 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. 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 -CD8G funding sources, to render. actual
Page g of 1 ()
-f L' -15
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
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
Page 9 of 10
4_75
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.
Countersigned:
Rita Garvey
Mayor- Commissioner
Approved as to form & correctness:
[Assistant] or [Interim]
City Attorney
t
agency-
By
President
Date
ATTEST:
Secretary
Date
CITY OF CLEARWATER, FLORIDA
By
Elizabeth M. Deptula
City Manager
Date
ATTEST:
Cynthia Goudeau
City Clerk
Date
Page la of 10
—115
EQUAL EA VLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE 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- 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.
914 -=75
(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
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.
qfi � --7
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
substantial 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 tl.e 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 CPR 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 tho
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.
q+ ° -75
ACKNTQNVLEDGEMFN'T OF ECONO1 IIC DEVELOPMENT ACTIVITIES
If the Provider will be using CDBG funds for an Economic Development Activity, the following federal
requirements must be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria
A low /moderate jobs activity is one which creates or retains permanent jobs, at least 51 % of which are taken
by low /moderate income persons or considered to be available to low /moderate income persons.
In counting jobs created or jobs retained, the following policies apply:
o Part-time jobs must be converted to full-time equivalents.
• Only permanent jobs count.
• Temporary jobs may not be included.
• Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
• Trickle -down jobs (jobs indirectly created by the assisted activity may not be counted).
For jabs retained, the following additional criteria apply:
o There is clear and objective evidence that permanent jobs will be lost without CDBG assistance.
Such evidence includes: a notice by the business to affected employees, a public-announcement
by the business, or relevant financial records.
o Retained jobs are considered to involve the employment of low /moderate income persons if 51 %
of such jobs are known to be held by low /moderate income persons when CDBG assistance is
provided.
Jobs are considered to be available to low /moderate income persons when both the following conditions are
fulfilled:
o Special skills that can only be acquired with one or more years of training or work experience,
or education beyond high school, are not a pre - requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
o The Provider ensures that the assisted business adheres to the principles of "first consideration"
by: using a hiring practice that in all likelihood will result in over 51 % of those hired being
low /moderate income persons; seriously considering a sufficient number of low /moderate income
job applicants to meet this intent; determining that the distance from the job applicant's residence
is close to the job site or that transportation is available to the job site,
qi"' -7 -5
RECORDS TO BE MAINTAINED
Where the low /moderate income benefit is based on job creation, the Provider's files must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low /moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
• A commitment by the business that it will make at least 51 % of the jobs available to
low /moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
• A listing by job title of the permanent jobs to be created, indicating which jobs will be available
to low /moderate income persons, which jobs require special skills or education, and which jobs
are part-time; and,
• A description of actions to be taken by the Provider and business to ensure that low /moderate
income persons receive "first consideration" for these jobs; and,
o A listing, by job title, of permanent jobs filled, and which jobs were available to low /moderate
income persons, as well as a description of how "first consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used; which
low /moderate income persons were interviewed for a particular job and which interviewees were
hired.
(B) For activities where at least 51 % of the jobs will be taken by low /moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
• A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will
be taken by low /moderate income persons and a listing by job title of the permanent jobs
created; and,
• A listing, by job title, of the permanent jobs filled and which jobs were initially held by
low /moderate income persons; and,
o Information on the size and annual income of the persons' immediate family prior to the
low /moderate income person being hired for the job,
Where low /moderate income benefit is based on job retention, the files ulust include the following
documentation:
o Evidence that jobs would be lost without CDBG assistance.
f f'15
o A listing, by job title, of permanent jobs retained, indicating which of those jobs are part-time
and (if known) which are held by low /moderate income persons at the time the assistance is
provided.
o Identification of any retained jobs not already held by low /moderate income persons which are
projected to become available to low /moderate income persons through job turnover within two
years of the time CDBG assistance is provided. (Job turnover projections should also be
included in the record.)
o information on the size and annual income of the low /moderate income persons' immediate
family for each retained job claimed to be held by a low /moderate income person. Acceptable
documentation on job applicant/ employee family income includes any one of the following:
► Notice that job applicant/employee is a referral from state, county, or local employment agency
or other entity that agrees to refer individuals determined to be low /moderate income according
to HUD criteria. (These entities must maintain documentation for city or federal inspection.)
► Written certification, signed by the job applicant /employee, of family income and size to
establish low /moderate income status by showing: the actual income of the family, or a statement
that the family income is below CDBG low /moderate income requirements. (These certifications
must include a statement that they are subject to verification by the local or federal government.)
► Evidence that job applicant/employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, such as referrals
from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA
Title III Program for dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" determination whenever CDBG assistance is provided
for a private, for -profit entity carrying out economic development. _
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