AGREEMENT TO IMPLEMENT THE SOCIAL SERVICES PROGRAM FOR CHILDREN
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AGREEMENT
TIllS AGREEMENT is entered into this 1st day of October, 1993, 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 FAMILY RESOURCES, 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 fmancial 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 Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the necessity to provide funds
for a building adition to a runaway center for low to moderate income children in the City of Clearwater for
youth counseling activities; 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 social services program for children in the City of Clearwater,
in accordance with the projected accomplishments attached and made a fully binding part of the
agreement, as Appendix 1, as follows:
Operation of the children's runaway center at 1201 Pinellas Street, Clearwater. Funds provided for a
building addition for three additional offices to provide counseling to runaway youths. The program
provides food, clothing, temporary shelter, crisis counseling, individual, group and family counseling,
peer counseling, and case management services.
SECTION ll:
CONDmON OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income persons living primarily in Clearwater.
B. The Provider shall maintain in its fIle the documentation on which basis it determines that the project
benefits low and moderate income persons, minorities and residents of Clearwater. Such records shall
include, but not be limited to profIles identifying fmancial classification, head of household, ethnicity,
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race and gender, or area benefit data, as required.
C. The Provider shall comply, with the following attachments to the Office of Management and Budget
(OMB) Circular No. A-II0, "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 fmal 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".
D. 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.
E. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
F. 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.
G. 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.
H. 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
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City of Clearwater, particularly minority group members.
I. 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.
J. 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.
K. 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.
L. 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 orin 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 oftime
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
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ATTEST:
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Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
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J)Micbael Wrigh
{/ City Manager
Date
ATTEST:
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City Clerk ~ _ ~, :=: . /- . .
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Assistant City Attorney
Contract between City of Clearwater and FAMILY RESOURCES, INC.
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EQUAL El\'WWYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SURTECT TO EXECUTIVE ORDER lU3S
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, or modification thereof, as defmed 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 payor 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
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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 IT, 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.
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SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program providing direct
Federal fmancial 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 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 fmancial assistance, take
appropriate action pursuant to the subcontract upon a fmding 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 ftrst 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 fmancial 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.
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ACKNOWLEDGEMENT OF ECONOMIC DEVELOPl\fENT 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.
o Only permanent jobs count.
o Temporary jobs may not be included.
o Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
o Trickle-down jobs (jobs indirectly created by the assisted activity may not be counted).
For jobs 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 fmancial 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 oflow/moderate income
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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.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's riles 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:
o 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,
o 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,
o 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 mcome persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o 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,
o A listing, by job title, of the permanent jobs rilled 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.
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Where low/moderate income benefit is based on job retention, the ftles must include the following,,-
documentation:
o Evidence that jobs would be lost without CDBG assistance.
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 anyone 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 ITPA
Title ill Program for dislocated workers.
ADDmONAL CONSIDERATIONS
The Provider must prepare a "necessary or awropriate" determination whenever CDBG assistance is provided
for a private, for-profit entity carrying out economic development
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