WORKING WITH CHILDREN IN CONDON GARDENS
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AGREEMENT
TInS AGREEMENT is entered into this Ist 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 GIRLS INCORPORATED OF PINELLAS
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 for providing
permanent, owner occupied housing for low and moderate income families; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, TIlEREFORE, the parties Ilereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement the social services program, in accordance with the projected
accomplishments attached and made a fully binding part of this Agreement, as Appendix. 1, as follows:
Service to be provided to include working with children in the Condon Gardens public housing project
on their areas of weaknesses, teaching positive study habits and assisting in homework completion.
SECTION IT:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income persons living primarily in Clearwater.
B. The Provider shall maintain in its fIle the documentation on which basis it determines that the project
benefIts low and moderate income persons, minorities and residents of Clearwater. Such records shall
include, but not be limited to profIles identifying fmancial classifIcation, head of household, ethnicity,
race and gender, or area benefIt data, as required.
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C. The Provider shall comply with the following attachments to the Office of Management and Budget I'
(OMB) Circular No. A-llO, "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 CPR 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 afftrmative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
I. The Provider shall comply with the provisions of 24 CPR 570.504 (c), "Program Income", gross
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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 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.
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M.
The Provider agrees that when sponsoring a project fmanced 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 TIlE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVEWPMENT
BWCK GRANT FUNDS ADMINISTERED BY TIlE DEPARTMENT OF PLANNING AND
URBAN DEVEWPMENT" shall appear in the same size letters or type as the name of the Provider.
N. 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.
O. 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.
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.
P. 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 fmdings 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.
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<I SECTION m:
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, 1993, and shall continue through September 30, 1994.
SECTION IV:
TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of such
intent to terminate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the termination conditions. A written notifIcation shall be required and shall include the following:
reason for the termination, the effective date, and in the case of a partial termination, the actual portion
to be terminated. However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete in any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
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.
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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 fmal action being taken by the City.
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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 tennination 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 ifadditional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any alterations, variations, modifIcations or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project and/or the Project Implementation Schedule or increase the total 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 TIllRTEEN THOUSAND FOUR HUNDRED TIllRTY NINE ($13,439). 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 (lOth) day of the succeeding month and the City will
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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 fmancial
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 CPR 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 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
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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:
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A. Monthly Reoorts are due no later than the tenth (lOth) 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 Proeress 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 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 fmal 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 fmdings 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 fmal 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 tinie 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-B3
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.
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~ 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 fmancial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreementwill thereby terminate effective as of the time that it is determined that said funds are
no longer availaf>l~:_~ . - - - _
. .
In the event of such:determ~tiQn, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individUal member af~~ City Commission thereof personally for the performance of this Agreement
and all of the pa.rtieshereto ~liall 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 .tlre day and date fIrst above indicated.
GIRLS INCORPORATED OF PINELLAS
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By Y(1,'
President 4 '~
1(,((Lorq~
Date
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CITY OF CLEARWATER, FLORIDA
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Countersigned:
&
Rita Garvey
Mayor-Commission
BY~
i, MiCiUiclWrig -"
() City Manager
Date
ATIEST:
Approved as to form & correctness:
~YJ.Mrp~l~
Assistant City Attorney
~i'+L C. tL;":~ .. ".
C~n . a Goudeau i.- / ~>: , , .
CIty lerk :: -~ - .,. . .
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/1 /3i> 193 >. /
t- ,_ - ~ -
Date
Contract between City of Clearwater and GIRLS INCORPORATED OF PINELLAS
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EOUAL EMPWYMENT 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 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
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
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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 subcontractor 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 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 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 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.
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 nUQlber of low /moderate income
job applicants to meet this intent; determining that the distance from the job applicant's residence
Page 14 of 16
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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 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:
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 income 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 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 must include the following
documentation:
Page 15 of 16
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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 JTPA
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
Page 16 of 16
BUDGET SUMMARY SHEET
Funding Year 1993-1994
Project Operator: Girls Incoq>orated of Pinellas County
Date Submitted 4-20-93
Category Category Breakdown CD Funds Other Funds
Number
I Salaries & BenefIts $13,439.00 $8,033.00
2 Consultants & Contract
Services
3 Space Rental
4 Equipment Lease or Purchase
5 Travel
6 Other Operating Expenses
7 Materials
8 Rehabilitation
9 Real Property Acquisition
Total CD Funds:
Other Funds:
Grand Total:
Other Funding Sources
Total Funds
'.-
$21,472.00
--
_T.,,'~' ......
2' ~~ .;....
~.
.,.-
BUDGET ITEMIZATION SHEET
Funding Year 1993 - 1994
Project Operator: Girls Inco1J>orated of Pinellas County Date Submitted: 4-20-93
Category Amount
Category Number Category Breakdown CD Funds Other Funds
I Salaries and BenefIts
Program Tutor 13,439.00 8,033.00
,
~
TOTAL 13,439.00 8,033.00
: .TJlL
-
-
"',.' ......... ..
PROGRAM IMPLEMENTATION SCHEDULE
Funding Year: 1993 - 1994
PROJECT NAME: Social Services Program
Organization: GIRLS INCORPORATED OF PINELLAS
Implementation Steps Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
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