IMPLEMENT EDUCATIONAL SERVICES TO NORTH GREENWOOD CHILDREN
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AGREEMENT
THIS AGREEMENT is entered into this 1st day of October, 1992,
by and between the City of Clearwater, a Florida municipal
corporation, having its principal office at 112 South Osceola
Avenue, Clearwater, Florida, hereinafter referred to as the "City",
and the PINELLAS COUNTY HEAD START, hereinafter referred to as the
"Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the u.S.
Department of Housing and Urban Development for the purpose of
conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and
Community Development Act of 1974, as amended, hereinafter called
"Act"; and the Cranston-Gonzalez National Affordable Housing Act of
1990; and
WHEREAS, the City has determined through its Year Eighteen
Final Statement of Objectives and Projected Use of Funds, which was
adopted by City of Clearwater July 3, 1992, the necessity for
providing to purchase and install a modular classroom at the
Sanderlin Center located at 920 Palmetto, Clearwater, as part of
the Pinellas County Head Start program for child development; and
WHEREAS, the City desires to en9age the Provider to render
certain services in connection therewlth:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement the educational services to
children in the North Greenwood area, in accordance with the
projected accomplishments attached and made a fully binding
part of this Agreement, as Appendix 1, as follows:
Purchase and installation of a modular classroom to be located
at the Sanderlin Center (920 Palmetto Street)" to serve 20
children with education, health and dental, mental health,
social services, transportation, parent involvement, nutrition
and special needs
SECTION II:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income
persons living primarily in Clearwater.
B. The Provider shall maintain in its file the documentation on
which basis it determines that the project benefits low and
moderate income persons, minorities and residents of
Clearwater. Such records shall include, but not be limited to
profiles identifying financial classification, head of
household, ethniclty, race and gender, or area benefit data,
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as required.
C. The Provider shall maintain a citizen participation mechanism,
which will include, but not be limited to the following:
1 Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of
resolutions to complaints.
D. The Provider shall comply with the following attachments to
the Office of Management and Budget (OMB) Circular No. A-110,
"Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations", incorporated by reference into this
Agreement.
1. Attachment A, "Cash Depositories", except for paragraph
4 concerning deposit insurance.
2. Attachment E, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for
Records", except that in lieu of the provisions in
paragraph 4, the retention period for records pertaining
to individual CDBG activities starts from the date of
expiration of this Agreement, as prescribed in 570.507,
in which the specific activity is reported on for the
final time.
4.
Attachment F,
Systems".
Attachment H, "Monitoring
Performance", paragraph 2.
"Standards for Financial Management
5.
and Reporting
Program
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
pro~ert~ not needed by the SUb-recipient for CDBG
actlvitles 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 Prlnciples 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
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this Agreement.
G. No expendi tures or obligations shall be incurred for the
program prior to a~proval and release of funds from the u.s.
Department of Houslng and Urban Development. Further, it is
expressly understood that in the event no funds are released
from the U.s. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for
any claims under this contract.
H. The Provider shall certify, pursuant to Section 109 of the
Act, that no person shall be denied the benefits of the
program on the ground of race, color, national origin or sex.
I. The Provider agrees that to the extent that it staffs 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 ci ty of Clearwater,
particularly minority group members.
J. The Provider shall comply with the provisions of 24 CFR
570.504 (c), "Program Income", gross income directly generated
from the use of CDBG funds. In those instances where the City
allows the sub-recipient to retain program income, these funds
shall be expended for CDBG eligible activities, previously
approved by the City in accordance with the projected
accomplishments and budget descriptions attached to this
Agreement.
K. The Provider shall adhere to the applicable requirements
contained in the "Acknowledgement of Economic Development
Activities", attached hereto and made a part hereof as
Appendix 2, if applicable.
L. The Provider shall comply with First Amendment Church/State
principles, as follows:
2.
It will not discriminate against any employee
a~plicant for employment on the basis of religlon
wlll not limit employment or give preference
employment to persons on the basis of religion.
It will not discriminate against any person applying
public services on the basis of religion and will
limit such services or give preference to persons on
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 1n the provision of such public services.
or
and
in
1.
for
not
the
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
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to construct, rehabilitate, or restore any religious
facility which is owned by the Provider and 1n which the
public services are to be J;>rovided. However, minor
repairs may made if such repa1rs 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 COBG 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
Requlations. Part 570.208 until five years or such longer
period of time as determined appropriate by the C1ty
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 proj ect, research
reports, and similar public notices prepared and released by
the Provider shall include the statement:
FUNDED BY THE CITY OF CLEARWATER
COMJroNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF CLEARWATER COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT
OF PLANNING AND URBAN DEVELOPMENT" shall appear in the same
size letters or type as the name of the Provider.
o. The Provider shall ensure the following when entering into a
sub-contract agreement:
1. The full correct legal name of the party shall be
identified.
2. The "Scope of Services" shall describe the activities to
be performed.
P. The Provider shall maintain sufficient records in accordance
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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 pro~erly reflect all revenues and
e~enditures of funds prov1ded directly or indirectly by
th1s Agreement, including matching funds and program
income.
Time sheets for split-funded employees who work
than one activity, in order to record the CDBG
delivery cost by project and the non-CDBG
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.
2.
on more
activity
related
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 follow1ng exception: if any litigation, claim or
audit is started before the expiration date of the three ~ear
period, the records will be maintained until all litigat1on,
claims or audit findings involving these records are resolved.
The City shall be informed in writing after close-out of this
Agreement, of the address where the records are to be kept.
SECTION III:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release
of funds by the u.s. Department of Housing and Urban Development
and being duly executed by both parties, whichever is later.
This project shall become operational as of October 1, 1992, and
shall continue through September 30, 1993.
SECTION IV:
TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by
written notice of the other party of such intent to terminate
at least thirty (30) days prior to the effective date of such
termination.
B. This A9reement may be terminated in whole or in part, for
conven1ence, when both parties agree upon the termination
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C.
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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.
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. Submi tting reports to the Ci ty 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 writin9 to any concerns
raised by the City, includ1ng 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
subreci~ient, and applicable HUD rules and
regulat1ons.
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
wi thholding of payments, actions to be taken by the
Provider as a condition precedent to clearing the
deficiency and a reasonable date for compliance, which
shall be no more than fifteen (15) days from notification
date.
3. The City shall notify the Provider in writing when
sufficient cause is found for termination of this
A9reement. The Provider shall be given no more than
f1fteen (15) days in which to reply in writing, appealing
the term1nation 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
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during a suspension or after termination, are not allowable
unless the City expressly authorizes them in the notice of
suspension or termination or subsequently. Other costs during
suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly
incurred before the effective date of suspension or
termination, are not in anticipation of it, and in the
case of termination, are noncancelable, and
2. The costs would be allowable if the award were not
suspended or expired normally at the end of the Agreement
in which the termination takes effect.
F. Upon termination of the Agreement, the Provider and the City
shall meet to discuss the City's determination if any amounts
are to be repaid to the City or if additional amounts are due
the Provider.
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
Im~lementation Schedule or increase the total amount payable under
th1s 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 OFPAYKENT
It is expressly understood and agreed that the total compensation
to be paid hereunder for actual expenditures incurred shall not
exceed Five thousand three hundred dollars ($5,300). Such funds
must be expended during the term of the Agreement, and any
remaining balance of funds shall revert to the ci ty . 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
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made a part hereof as Appendix 1. Line item transfers are
allowable only within each component and may not exceed in the
ag9regate fifteen percent (15%) of each line item without
Dr10r written approval of the city. All changes amounting to
more than fifteen percent (15%) require Drior written
approval.
SECTION VII:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who
presently exercises any functions or responsibilities in connection
with Community Development funded activities, has any personal
financial interests, direct or indirect, in this Agreement. The
Provider covenants that in the performance of this Agreement, no
person having such conflicting interest shall be employed. The
Provider covenants that it will comply with all provisions of 24
CFR 570.611 "Conflict of Interest", and the state statutes
governing conflicts of interest. The Provider shall disclose, in
writing, to the City any possible conflicting interest or apparent
impropriety that 1S covered by the Above provisions. This
disclosure shall occur immediately upon knowledge of such possible
conflict. The City will then render an opin1on 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 REOUIREMENTS
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
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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. Monthlv ReDorts are due no later than the tenth (10th) day of
the succeeding month and shall include the request for payment
when applicable. Contents of the Monthly Report, attached
hereto and made a part hereof as Appendix 3, shall include but
not necessarily be limited to the following:
1. The Narrative Report Form
2. The Financial Summary Form, which shall include the
request for payment and documentation, as applicable.
3. The Client Profile Form
B. Semi-Annual proaress 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 Prov1der elects not to request funding in the
subsequent program year.
C. Final Evaluation. Within twenty (20) days of contract
com~letion, a final report documenting how the Statutory
Nat10nal Objective and the eligibility requirements were met,
must be submitted by the Provider to the City's Community
Development Division for review and approval. The contents of
same shall include a cumulative total of the data submitted
during the program's operation. Further, such report shall
include statistical findings which depict program efficiency;
i.e., the number of dollars spent, including non-CDBG funding
sources, to render actual service to program recipients, and
an overall evaluation of the program' s effectiveness, and
quantitative results. The final report will be evaluated and
the Provider will be notified if additional data is necessary
or that the project/activity is considered "closed-out".
Other Reportinq Requirements may be required by the City in the
event of program changes, need for additional information or
documentat1on and/or legislation amendments. The Provider shall be
informed, in writing, if any changes become necessary.
Reports and/ or requested documentation not recei ved by the due
I date, shall be considered delinquent, and may be considered by the
City as sufficient cause to suspend CDBG payments to the Prov1der.
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
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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
regulations as they may apply to
Additionally, the Provider will comply
~aws and ordinances hereto applicable.
SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION
all applicable federal
program administration.
with all state and local
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 A~reement will
thereby terminate effective as of the time that it 1S determined
that said funds are no longer available.
In the event of such determination, the Provider agrees that it
will not look to, nor seek to hold liable, the City or any
individual member of the City Commission thereof personally for the
performance of this Agreement and all of the parties hereto shall
be released from further liability each to the other under the
terms of this Agreement.
IN WITNESS WHEREOF. the parties hereto have caused this Agreement
to be executed by their duly authorized officials on the day and
date first above indicated.
PINELLAS COUNTY BEAD START
Blre~-~~---
//-/g-9V
Date
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ATTEST:
~~AhtUl~~
/,1.//6 / r;':l-
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Date
countersigned:
CITY OF CLEARWATER, FLORIDA
rvey
ioner
By
Michael Wright
City Manager
,J:w/93
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Date
ATTEST:
A;'~i~.'_. .~
....... - -. ~ - ."..-.-
Date
"-..._-~--
Approved as to
M.A. Galbra
city Attor e
correctness:
~
AGREEMENT between CITY OF CLEARWATER, FLORIDA and PINELLAS COUNTY
HEAD START regarding CDBG funds, fy 92/93.
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EOUAL EMPLOYMENT 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
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(6)
(7)
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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.
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.
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.
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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.
LABOR STANDARDS CLAUSE
FOR CONTRACTS SUBJECT TO TBE DAVIS-BACON ACT AND TBE CONTRACT
WORK HOURS AND SAFETY STANDARDS ACT
The applicant hereby agrees that it will require that all laborers
and mechanics employed by contractors or subcontractors on
construction work financed in whole or in part with assistance
received under the Housing and Community Development Act of 1974,
as amended, shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by
the Secretary of Labor in accordance with the Davis-Bacon Act, as
amended. By reason of the foregoing requirement, the Contract Work
Hours and Safety Standards Act also applies.
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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 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 the notice in conspicuous places
available to employees and applicants for employment or
training.
D. The contractor will include this section 3 Clause in every
subcontract for work in connection with the project and will,
at the direction of the applicant for or recipient of Federal
financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Housing
and Urban Development, 24 CFR 135.20. The contractor will not
subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of
regulations under 24 CFR 135.20, and will not let any
subcontract unless the subcontractor has first provided it
with a preliminary statement of ability to comply with the
requirements of these regulations.
E. Compliance with the provisions of section 3, the regulations
set forth in 24 CFR 135.20, and all applicable rules and
orders of the Department issued thereunder prior to the
execution of the contract, shall be a condition of the federal
financial assistance provided to the project, binding upon the
applicant or recipient for such assistance, its successors,
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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.
ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using CDBG funds for an Economic
Development Activity, the followinq 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 ;obs created or ;obs retained, the following pOlicies
apply:
o
Part-time jobs must be converted to
equivalents.
full-time
o Only Dermanent jobs count.
o TemDorary 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 ;obs 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
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",
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.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on ;ob 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.
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",
(B) For activities where at least 51% of the jobs will be taken bv
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 bv
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 ;ob retention, the
files 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,
indicatin9 which of those jobs are part-time and (if
known) wh1ch 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 proj ected to become
available to low/moderate income persons through job
turnover within two years of the time CDBG assistance is
~rovided. (Job turnover projections should also be
1ncluded 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 documentat1on 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
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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 aDDroDriate"
determination whenever CDBG assistance is provided for a private,
for-profit entity carrying out economic development
Page 19 of 19
BUDGET SUMMARY SHEET
Funding Year 1992-1993
Project Operator: Pinellas County Head Start
Date Submitted 4-28-92
Category Category Breakdown CO Funds Other Other Funding Total
Number Funds Sources Funds
1 Salaries & Benefits
-- 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 5,300 18,700 24,000
Acquisition
-'
Total CD Funds:
Other Funds:
24,000
~.. .. ,,"
--
--.
.
BUDGET ITEMIZATION SHEET
Funding Year 1992 - 1993
Project Operator: Pinellas County Head Start
Date Submitted 4-28-92
Category Amount
Category Category Breakdown CO Funds Other Funds
Number
1 Purchase and install new modular classroom 5,300 18,700
TOTAL 5,300 18,700
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PROGRAM IMPLEMENTATION SCHEDULE
Funding Year: 1992 - 1993
PROJECT NAME: Educational Program organization: Pinellas County Head Start
,-
Implementation Steps Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Child Development --- --- --- --- --- --- --- --- --- --- --- --
L:\DATA\CDO\CONTRACT.TBL
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