SUBRECIPIENT AGREEMENT FY 2011-2012 - FAIR HOUSINGCITY OF CLEARWATER, FLORXDA
AND
COMMUNITY SERVICE FOUNDATION, TNC.
FY2011-2012
SUSRECIPIENT AGREEMENT
(Fair Housin�
THIS SUBREC�PIENT AGREEMENT as entered into on this lst day of October 2011, by arid between
the City of Clearwater, a Florida municipal corporation, having its principal affice at � 12 Sauth �sceola
Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the Co�nmunity Sex-vice
Faundation, Inc., hereinafter referred to as the "Pravider" or "Subrecipien�", whase principal address is:
925 Lakeview Road, Clearwater, FL 33756.
WITNESSETH:
VVHEREAS, the City has entered into an agreement vvith the U.S. Department of Housing and
Urban Development (HUD) for the purpose of canducting a Hausing and Camrnunity Devela�ment
Program with federal finazicial assistance under Title I of the Housing and Cammunity Develapment Act af
197A�, as amended, hereinafter called "Act" (42 U.S.C. 5301 et seq.); and the Cxanstan-Gonzalez National
Affordable Housing Act af 1990 (42 U.S.C. 12701 et seq.); and
WHEREAS, the City has entered inta an agreement with the U. S. Department af Housing and
Urban Development for the purpose of canducting the Community Develvpment Bl�ck Grant (CDBG) (24
(CFR 570) and the HOME Investment Partnership (HOME) Program (42 CFR 92) with federal assistance
under Title II of the Cranston-Gonzalez National Affardable Housing Act of 1990, as amended (42 U.S.C.
12701-12839); and
WHEREAS, the City has entexed into an agreernent with the State of Florida for the purpose of
conducting the State Housing Initiatives Partn�rship (SHIP) Program with State of Florida assistance under
the William E. Sadowski Housing Act (Section 420.907 - 420.9079, Florida Statutes, and Rule 67-37,
Florida Administrative Code (FAC)) which was signed into law on July 7, 1992; and
WI�REAS, the City has determined through its Fiscal Year 2011-2016 Consalidated Plan and
FY2011-2012 Consolidated Action Plan, which was adopted on July 21, 2�11, the necessity for providing
fair housing education and counseling services to very law to moderate-income households residing in
Clearwater;
WHEREAS, the City desires to engage the Provider to render certain services in canriection
therewith:
NOW, THEREFORE, the parties hereto agree as fallows:
SECTION I: SCOPE OF SERVICES
The Provider agrees to provide City fiulds for salary suppart to operate the Fair Housing Counseling and
housing Placement and Assistance Program. The program helps counsel and place lower-incarne
households in affordable rental housing and to offer counseling on Fair Housing Landlord/Tenant Rights.
The pravider agrees to accamplish these activities in accordance with the projected accamplishments
attached and rnade a fully binding part of this Agreement, as located in A�pendix 1.
SECTION I�: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible very-low and moderate-income persons living in Clearwater. The
Pravider shall certify that the activities cauried out with funds pravided under this Agreement will
meet one or more of the CDBG program's National Objectives —1) benefit law to moderate income
persons, 2) aid in the prevention or elimination of slum and blight, 3) meet cornmunity
development needs having a particular urgency — as deiined in 24 CFR 570.208 and a11 applicable
rules and regulations as contained in the federal HOME Investment Partn�rship and State of Flarida
State Housing Initiatives Partnership (SHIP) programs.
B. The Provider shall maintain in its file the documentation. on which basis it deterrnines that the
praj�ct benefits low and moderate-income persans, minorities and residents of Clearwater. Such
records shall include, but not be limited ta profiles identifying financial classification, head of
household, ethnicity, race and gender, or azea benefit data, 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 respanses to complaints and/or explanations of resolutions to complaints.
D. The Provider shall comply with Subpart c— Post Award Requirements of the OfFice of
Managernent and Budget (OMB) Circular No. A-110, "Uniform Administrative Requixements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations", incarporated by reference into this Agreement_
E. Costs incurred under this program shall be in compliance with Federal Management Circular No.
A-122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this
Agreement.
F. The Pravider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
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G. No expenditures or obligations shall be incurred for the program priar to approval and release of
funds from the U.S. Depaxtment of Hausing and Urban Development and/or the State of �lorida.
Further, it is expressly understood that in the event na funds are released from the U.S. Department
of Housing and Urban Developrnent and/or the State of Florida in connectian with this Frogram,
then the City is not liable for atxy claims under this contract.
H. The Operating Agency hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of Section 504
of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8),
the Americans with Disabilities Act of 199� (Public Law (PL) 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees ta
defend, hold harmless and indemnify the City from and against any and all liability for any
noncompliance on the part of the Operating Agency. Funds awarded under this Agreement may
be de-obligated should any of the following occur.
(1) Notification by HUD to the City that said project is ineligible because of project
locatian, services provided, or any other reason cited by HUD;
(2) Noti�cation by HUD to the City that said project is deficient and that continued support
of the project is not providing an adequate l�vel af services to law income and minority
people; ar
(3) Written notification from HUD to the City that the program funds made available to the
City are being curtailed, withdrawn, or otherwise restricted.
(4) Fails ta file required reports or meet project progress or cam�letian deadlines;
(5) Materially fails to comply with any provision of this Agre�ment (which rnay result in
suspensian or termination in accordance with 24 CFR 85.43 or OMB Circular A-110,);
(5) Expends funds under this Agreement far ineligible activities, services ar items;
(7) Irnplernents the project prior to notiiication from the City that the federal environmental
review process has been completed;
(8) Violates Labor Standards requirements; or
(9) Fails to comply with written notice from the City of substandard performance under the
terms of this Agreement.
I. The Pravid�r shall certify, pursuant ta Sectian 109 of the Act, that no persan shall be denied the
beneiits oi the program on the ground of race, color, national origin or sex.
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The Pravider agrees that to the extent that it staffs the Prograrn with personnel not presently
emplayed by said party, it will t�ke affirmative action in attempting to employ low income persons
residing in the City of Clearwater, particularly minority group members.
K. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Prograrn Income" and meet
the defuution of program income defined in 24 CFR 570.SOp which generally states that program
income is gross income received by the recipient or a Subrecipient directly generated from the use
of CDBG funds. All prograrn income generated through the use of Community Development Block
Grant, HOME Investment Partn.ership Pragram, and State Housing Initiatives Partnership progratns
shall be returned to the City within 45 days after receipt by the Subrecipient. In those instances
where the City allows the sub-recipient to retain program income, these funds shall be expended for
CDSG eligible activities, previously approved by the City in accordance with the projected
accompliskiments and budget descriptions attached to this Agreement. In addition, at the end of the
pragram year, the City may require remittance of all or part of any CDBG program income balances
(including investments thereo fl held by the subrecipient (except those needed for immediate cash
needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash
or investments held for section 108 security needs).
L. The Pravider shall transfer to the City any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds. All real praperty acquired or impraved
in whole or in part with CDBG funds in excess of $25,000 shall be:
(1) Used to meet one of the natianal objectives in Sectian 24 C�'R Part 570.2�8 until five years
after expiration of the agreement, or fro such longer period of time as determined to be
apprapriate by the City; or
(2) If not used as stated abave, the provider shall pay to City an arnount equal to the current
market value of the property less any portian af the value attributable to expenditures on
non-CDBG funds for the acquisition af or improvernent to, the property. Tlne payment shall
be considered program income.
A subrecipient receiving HOME fw�ds must transfer to the City any HOME funds on hand at
the time of expiration of this Agreement and any accounts receivable attributable to the use of
HOME funds.
A subrecipient af SHIP funds recognizes that funds may revert to the City in accordance with
the pravisions of the City's local housing assistance plan.
M. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will nat discriminate against any employee ar applicant for employment on the basis of
religion and will not limit emplayment or give preference in employment to persons on the
basis of religion.
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2. It will not discriminate against any persan 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 na 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 portian of a facility used to provide public services assisted in whole or in part under
this Agreement shall contain no sectarian or religious symbals or decorations.
5. The funds receiv�d under this Agreement shall not be used to construct, rehabilitate, ar
restore any religious facility which is awned by the Provider and in which the public
services are to be provided. However, minor re�airs may made if such repairs are directly
related to the public services; are lacated in a structure used exclusively for non-religious
purposes; and constitute, in dollar terms, anly a minor portion of the CDBG expenditure for
the public services.
N. The Provider shall trans%r to the City upon expiration of this Agreement, any CDBG, HOME
and/or SHIP funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG, HOME and/or SHIP funds. The fallowing restz7.ctions and limitations apply to any
real property under the Provider's control, vvhich was acquired or improved in whole or in part with
CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet ane oi the National
Objectives in the CDBG Regulations, 24 CFR Part 570.20$ until five years ar such longer
period of time as determined appropriate by the City after expiratian of the Agreement.
Land-banking is a prohibited activity under the City's programs.
2. If the real property is sold within the period of tirne specified above, the praperty 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 portian thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursennent is
required.
O. The Provider agrees that when sponsaring a project financed in whale or in part under this
Agreement, all notices, infarmational 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:
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FUNDED 8Y
THE CITY UF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIP, AND
STATE HUUSING INITIATIVES PARTNERSHIP PROGRAMS
In written rnaterials, the words "CITY OF CLEARWATER COMMiTNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS,
AND STATE HOUSING INITTATIVES PARTNERSHIP PROGRAM FUNDS
ADMINISTERED BY THE HOUSING DIVISION OF THE CITY OF CLEARWATER —
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT" shall appear in the same
size letters or type as the name af the Provider.
P. The Pravider shall ensure the %llowing when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope af Services" shall describe the activities to be performed.
Q. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 57U.50( to
determin� compliance with the requirements of this Agreement, the Community Development
Block Grant Frogram and all applicable laws and regulations.
This documentation shall include, but not be limited to, the fallawing:
Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and praperly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement, including matching
funds and program income.
2. Tinne sheets for split-funded employees who work on rnore than one activity, in ozder to
record the CDBG, HOME, and/ar SHIP activity delivery cost by praject and the nan-CDBG
related charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which
funding have been received, have been met. These also include special requirennents such
as necessary and appropriate determinations, income certifications, and written agreements
with beneficiazies, where applicable.
R. The Provider is responsible for maintaining and storing all records pertinent ta this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period oi five (5) years
after expiration af this Agreement, with the following exception: if any litigation, claim or audit is
started befare the expiration date of the three year period, the records will be maintained until all
litigation, claims ar audit findings invalving these records are resolved. The City shall be informed
in writing after closeout of this Agreement, of the address where the records are ta be kept.
SECTION III: OTHER CONTRACTUAL PROVISIONS
A. Labow Standards
Except with respect to the rehabilitation of residential property designed for residential use for
l�ss than eight households, the provider and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed
in whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which gavern the payrnent of wages and the ratia af apprentices and trainees
to jaumey workers. Under the terms of the Davis-Bacon Act, as amended, the pr�vider is
required to pay all laborers and mechanics employed an construction work wages at rates not less
than those prevailing on similar constructian in the locality as determined by the Secretary of
Labor, and shall pay overtime compensation in accordance with and subject to the pravisions of
the contract Work Hours and Safety Standards Act (40 USC 327-332), and the provider shall
comply with all regulation.s issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining tn labor standards, including the Copeland "Anti-Kickback" Act.
Provided, that if wage rates are higher than those required under the regulations are imposed by
State or local laws, nothing hereunder is intended to relieve the provider of its obligation, if any,
to require payment of the higher rates.
B. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL
93-234). Use of any assistance provided under this Agreement for acquisition or construction in
an area identified as having special flood hazards shall be subject to the mandatory purchase of
flood insurance in acc�rdance with the requirements af Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution Control Act (Applicable to Contracts and Subcontraets
Which Exceed $100,000
The provider shall comply with and require each subcantractor to carnply with all applicable
standaxds of the Clean Air Act of 1970, (42 USC 7401 et seq.), as amended, the Federal Water
Pallution Contral Act (33 USC 1251 et seq.), as amended, and the regulations af the
Environmental Protection Agency with respect thereto, at 40 CFR Part 32 as amended from time
to time.
D. Provision ajthe Hatch Act
Neither the provider program nor the funds provided therefore, nor the personnel employed in the
administration of the program shall be in any way or to any extent en�aged in the conduct of
political activities in contravention of Chapter 15 of Title 5, USC.
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E. Lead-Based Paint
Any grants or laans made by the pravider far the rehabilitatian of residential structures with
assistance provided under this Agreement shall be made subject to the pravisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. Operating Agency will comply
with the requirements of 24 CFR 570.608 for notiiication, inspection, testing, and abatement
procedures concerning lead-based paint. Such regulatians require that all owners, praspective
owners, and tenants of properties constructed prior to 1978 be properly notiiied that such
properties may cantain lead-based paint Such notification shall point out the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken wh�n
dealing with lead-based paint poisoning.
F. Special Assessments
Provider shall not atternpt to recover any capital costs of public improvements assisted in whole
or in part with funds provided under Sectian 106 of the Act (42 USC 5306) or with amounts
resulting from a guarantee under Section 108 (42 USC 53�8) of the Act by assessing any amaunt
against properties ow�-�ed and occupied by persons of law and moderate income, including any
fee charged or assessment made as condition af obtaining access to such public improvements,
unless (1) funds received under Section 106 of the Act are used to pay the proportion of such fee
or assessment that relates to the capital costs of such public improvements that are financed from
revenue sources other than under Title 1 of the Act, or (2) for purposes of assessing any amount
against properties owned and occupied by persons of moderate income, the grantee certifies to
the Secretary of H[TD that lacks sufficient funds received under Section 106 af the Act to cornply
with the requirements of subparagraph (1).
G. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons
and Susinesses
Provider shall carnply with the "City of Clearwater, Housing Division, Community Development
Block Grant Program Plan for Minimizing the Displacement of Fersons As a Result of
Community Developrnent Block Grant Funded Activities" and "City of Clearwater, Housing
Division, Cammunity Development Block Grant Program Residential Anti-displacement and
Relocation Assistance Flan." �rovider shall conduct any acquisition, rehabilitation, or
demolitian of real property, and any negotiations for acquisition, rehabilitation or demalition of
real property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing
regulatians at 49CFR 24 and 24 CFR 570.606. Unless specifically permitted, the pravider shall
not cause either temporary or permanent involuntary displacement of persons or businesses. If
the provider causes the invaluntary temparary or permanent displacement of any person or
business as a result of Community Development Slock Grant activities, it shall comply with the
City's "Plan to Assist Persons Actually Displaced by Cammunity Development Block Grant
Activities," and Operating Agency shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniforcn Relocation Assistance and
Real Property Acquisition Palicies Act of 1970, as amended, Section 104(d) of the Act, and the
implementing regulatians at 49 C�'R 24 a�nd 24 CFR 57Q.506. The Provider hereby agrees to
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defend, to pay, and to indemnify the City from and against, any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal statutes and
regulations in connection with activities undertaken pursuant to this Agreement.
H. Lobbyi�tg Restrictions
Provid�r certifies that, to the best of its knowledge and belief:
No Federal Appropriated funds have been paid or will be paid, by or on behalf of it, to atiy
person for influencing an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering inta of any cooperative agreement, and the extension, continuation, renewal,
amendrnent, or modification of any Federal contract, grant, loan, ar cooperative agreement;
If any funds ather than Federal appropriated funds have been paid or will be paid to any persan
for influencing or atternpting to influence an ofiicer or emplayee of any agency, a Member of
Cangress, an officer or employee of Congress, ar a►1 employee of a Member of Congress, in
connectian with this Federal contract, grant loan or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accardance with its
instructions; and
Tt will require that the language of this paragraph H be included in the award documents far all
sub-awards at all tiers (including subcontracts, sub-grants, and cantracts under grants, loans and
cooperative agreements) and that all Subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this traix�sactian imposed by 31 USC 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $1 �,�00 and not more
than $1 �O,�QO for each such failure.
SECTION IV: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department af
Hausing and Urban Development and/or the State of Florida and being duly executed by both parties,
whichever is later.
The term of this agreement shall be fram Octaber 1, 2011 to September 30, 2012. The term may be
amended if both execute a written agreement.
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SECTION V: TERMINATION
The City and the 1'rovider a�ree:
A. This Agreement rnay be terminated by either party hereto by written notice of the other party af
such intent to terminate at least thirty (30) days prior to the effective date of such tern�ination.
B. This Agreexnent may be tern�.inated in whole or in part, for convenience, when bath parties agree
upon the terminatian 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 ternunated. However, if, in the case of a partial terminatian, the City
determines that the remaining partion 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 Agreernent, and may suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be lirnited to, the fallawing:
a. Failure to comply and/or perforin in accordance with this Agreement, ar any federal
statute ar regulation.
b. Submitting reports ta the City, which are late, inconect or incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impassible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating dacurnents when r�quired/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
rnanitoring 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
r�asanable date for campliance, which shall be no more than iifteen (15) days from
notification date.
3. The City shall natify 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 understoad that upon curtailment af, or regulatory constraints placed on, the funds
of the U.S. Department of Housing and Urban Develaprnent and/or the State of Florida, this
Agreernent will terminate effective as of the time that it is detezmined such funds are no longer
available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after termination,
are not allowable unless the City expressly authorizes them in the notice of suspension or
termination or subsequently. Other costs during suspension or after termination which are
necessary and not reasonably avoidable are allawable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or terminatian, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2. The casts would be allowable if tl�e award were not suspended or expired narmally at the
end of the Agreernent in which the termination takes effect.
F. Upon termination of the Agreement, the Provider and the City shall meet ta discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the
Provider.
SECTION VI: AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have
been reduced in writing and duly signed by both parties. Any chang�s, which do not substantially change
the scope af the project and/ar the Praject Implementation Schedule or increase, the tatal amount payable
under this Agreement, shall be valid only wher► reduced to writing atid 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
modiiication to the original Agreement.
SECTION VII: METHOD OF PAYMENT
It is expressly understood and agreed that the t�tal compensation ta be paid hereunder for actual
expenditures incurred shall be reserved in the amount of EIGHT THOUSAND DOLLARS AND 00/100
($S,OOQ.Op).
The funds must be expended in accordance with the terms and conditions af the Agreement. Funds set
aside for this agency may increase or decrease, subject to production performance. Productian will be
reviewed quarterly and will be based upon the goals the Provider established in their program
irnplementation schedule. Any remaining balance of funds shall revert to the City or other approved
provider(s). Such compensation shall be paid in accordance with. the projected accomplishments and
budget descriptions attached hereta and made a part hereof as Appendix 1.
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A. The Pravider shall subrnit monthlv requests for payrnent for actual expenditures (or no expenditures
during the month), including applicable back-up documentation, no later than the tenth (lOth) day
of the succeeding month and the City will provide reimbursement, upon approval, within twenty
(20) working days after receipt of the same, and if all required docu.mentation is submitted with
request and if all documentatian is carrect.
B. The City agrees to pay the Provid�r far expenditures incurred under this A�reement on an as needed
basis in accordance with the Budget and Project Implementation Schedule attached hereta and
rnade 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 �rior written
approval of the City. All changes amounting to more thati fifteen percent (15%) require nrior
written approval.
SECTION VIII,;, EQUAL.EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Operating Agency agrees as follows:
1. The Operating Agency shall not discriminate against any employee or applicant for �mployment
because of race, color creed, religion, sex age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, farnilial status, or any other basis prohibited by applicable law.
The Operating Agency shall take affirnn�.ative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed,
religion, sex age, handicap, disability, sexual orientation, ancestry, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading, demotion or
trarisfer, recruitment or recruitment advertising, layoff ar terminatian, rates of pay or other forms
of compensation, and selectian for training including apprenticeship. The Operating Agency
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrirnination clause.
2. The Operating Agency will, in all solicitations or advertisements for employees placed by or on
behalf of the operating ager►cy, state that all qualified applicants will receive consideration for
employment without regard to race, color creed religion, sex age, handicap, disability, sexual
orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable
law.
3. The Operating Agency will send to each labor union or representative of warkers with which is
has a collective bargaining agreernent or other contract of understanding, a notice to be provided
advising the said labor union or workers; representatives of the Operating Agency's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Operating Agency will comply\ with all pravisions of Executive Order 1124F, Equal
Employment opportunity, of September 24, 1965, as amended by Executive Orders 11478,
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August 8, 1969 and 120$6, October 5, 197$, copies of which are on file and available at the City
and of the rules regulatians, and relevant orders af the Secretary of Labor.
S. The Operating Agency will furnish all information and reports required by Executive Order
11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will percnit access ta its books, records, and accounts by HUD
and the Secretary of Labor for purposes of investigation to ascertain complianc� with such rules,
regulations, and arders.
6. In the event of the Operating Agency's nancornpliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the Operating Agency may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordarice with procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such otkAer sanctions nnay be imposed and remedies invoked as provided in
Executive order 11246 of September 24, 1965, as amended, or as otherwise provided by law.
7. The Operating Agency will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in every subcantract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to
Sectian 2�4 af Executive Order 11246 af September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The Operating Agency will take
such action with respect to any subcantract or purchase order as H[.TD may direct as a means of
enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event an Operating Agency becomes involved in, or is threatened with, litigation with a
subcantractor or vendor as a result of such direction by HUD, the Operating Agency may
request the United States to enter into such litigation to protect the interests of the United States.
A. Equal Opportunity i�z Participation
The Provider shall adhere to the regulations established in the Housing and Community Development
Act af 1974, and in conformance with City policy and all requirements irnpased by or pursuant to the
Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States shall on the ground of race, color creed, religion, sex, age, handicap, disability, sexual
orientation, ancestry national arigin, marital status, familial status, or any other basis prohibited by
applicable law be excluded fram participation in, be denied the benefits of, or be subjected to
discrimination under, and program or activity funded in whole or in part with Community Development
Black Grant Pragram funds.
B. Specific (not excCusive) Discriminatory Actions Prohibited:
The Provider may not directly or through contractual or other arrangements, on the ground of race, color,
creed, religion, sexual arientation, ancestry, natianal origin, marital status, familial status, age handicap,
disability, sex or any other basis prohibited by applicable law:
13
(1) Deny any facilities, services, financial aid, or other benefits provided under the pragram
ar activity.
(2) Pravide any facilities, services, �nancial aid, or other benefits, which are different or are
provided in a different form irom that provided to others under the pragram ar activity.
(3) Subject to segregated or separate treatment in any facility, or in any znater or pxocess
related ta receipt of any service or benefit under the program or activity.
(4) Restrict in any way access to, or the enjoyment of any advantage or privileg� enjoyed by
others in connectian with facilities, services, financial aid or other benefits under the
program or activity.
(5) Treat an individual differently from others in determining whether the individual satisfies
any admission, enrollment, eligibility, membership, or other requirem�nts �r canditian
which the individual must meet in order to be provided any facilities, services, or other
benefit provided under the program or activity.
(b) Deny any person with the legal right to work an. opportunity to participate in a program or
activity as an ernployee.
C. Business and Employment Opportunities for Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Susiness Enterprises
The Provider shall canform with. the rules and regulations set forth under Section 3 of the Hausing and
Urban Development Act of 196$, (12 USC 1'701u), as amended, and the HUD regulations issued
pursuant theretv at 24 CFR Part 135. This Act 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 ta business concerns which are lacated in, ar owned in
substantial part by, persons residing in the area of the project. In all solicitations %r bids, the contractor
rnust, before signing the contract, provide a preliminary statement of the workforce, needs and plans for
possible training and employment of lovver income persons. When an Operating Agency utilizes the
bidding procedure to let a bid, the invitation or solicitation for bids shall advise prospective contractors
of the requirements of Section 3 af the Housing and Urban Develapment Act of 1968, as amended, and
the clause shall be inserted as a component part of any contract or subcontract. Please see Appendix 3.
If an Operating Agency solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and wamen-owned business enterprises for a response to the solicitation or
invitation for bidders.
D. Nondiscr�imiriation in Federa[ly Assisted Programs
The Provider shall comply with Title VI of the Civil Rights Act of 1954 (PL 88-352, 42 USC 20�Od et
seq.) and the Fair Housing Act (42 USC 3601 19, 31). In accordance with City policy and Title VI of the
Civil Rights Act of 1964 (PL 88-352), in the sale, lease of other transfer of land acquired, leased or
14
improved with assistance provided under this Agreement, the deed or lease for such transfer shall
contain a covenant prohibiting discrimination upon the basis af race, calor, creed, religian, sex handicap,
disability, sexual orientation, ancestry, national origin, marital status, or familiar status, in the sale, lease
or rental, or in the use or occupancy of such land or any impravements erected or to be erected thereon.
The Provider will comply with Title VIII of the Civil Rights Act of 1968 (PL 90-284, 42 USC 3601 et
seq.) as amended and will adrninister a11 programs arid activities related to housing and community
develapment in a maiuier to affirmatively further fair housing.
SECTION IX: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
respansibilities in connection with Cammuriity Develapment Block Grant Program, HOME Investment
Partnership Program and State Housing Initiatives Program funded activities, has any personal fmancial
interests, direct or indirect, in this Agreement. The Pravider covenants that in tYxe perforn�ance of this
Agreement, no person having such conflicting interest shall be employed. The Frovider covenants that it
will comply with all provisions of 24 CFR S70.G11 "Conflict af Interest", and the State Sta.tutes governing
conflicts af interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or
apparent irrapropriety that is covered by the above provisions. T'his disclosure shall occur irnrnediately
upon knowledge of such possible canflict. The City will then render an opinion, which shall be binding on
both parties.
SECTION X: INDEMNIFICATION AND INSURANCE
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 Pravider sha11 pay all claims and losses of
any nature whatsaever in cannection therewith and shall defend or pay to defend all suits brought against
the City, when requested, and shall pay all costs and judgrnents which may be issued thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are
involved in any way in the performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All liability insurance coverage shall be approved by the City prior ta the release o£ any futids under this
Agreement. Generally, the amount of caverage necessary would be at a minimum of $300,000. Further, in
the event evidence of the required insurance is not forwarded to the City within thirty (30) days after the
execution of this Agreement, tl�is Agreement may be terminated at the City's option and any payments then
due may be permanently withheld by the City and the City will have no further obligation under this
contract or any Subrecipient contract.
SECTION XI: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the commur�ity development effort rests heavily on the ability to produce an
irnpact in low/moderate income azeas, through progress in accamplishing scheduled activities. An
effective method for maintaining project progress against a previously established schedule is through
15
�
project evaluation and reporting, which will consist of both written reports and staff discussions an a
regulaz basis. The Provider also assures prampt and efficient submissian of the following:
A. Monthly, ,Renorts - are due no later than the tenth ( l Oth) day of the succeeding month and shall
include the request for payment when applicable. A monthl re ort is due re ardless if an funds
have been expended. Contents of the Monthly Report, attached hereto and made a part hereof as
Appendix 2, shall include but not necessarily be limit�d to the following:
1. The "Financial Report & Innplementation Sumrnary" Form, which shall include the request
for payment and documentation, as applicable.
2. The "Frogram Activity Report"
3. The "Request for Reimbursement" Form
4. Instructions for Appendix 2 Forms
B. Final Evaluation - Within thiriy (30) days of contract campletion, a final repart documenting how
the Statutory National Qbjective and the eligibility requirements were met, must be subrnitted by
the Provider to the City's Housing Division for review and approval. The contents of it shall
include a cumulative total of the data submitted during the pragram's operation. Further, such
repart shall include statistical findings, which depict program efiiciency; i.e., the number af dollazs
spent, including non-CDBG fiu�ding sources, to render actual service to program recipients, and an
overall evaluation af the program's effectiveness, and quantitativ� results. The final report will be
evaluated and the Provider will be natified if additional data is necessary or that the project/activity
is considered "closed-out",
C. Other Re orlin Re uirements may be required by the City in the event of program changes, need
for additianal information or documentation and/or legislation amendxnents. The Provider shall be
infarmed, in writting, 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, HOME, and
SHIP payments to the Provider.
SECTION XII: AUDIT AND INSPECTIONS
At any time dwring normal business hours and as often as City and/or Federal Governrnent representatives
may deem necessary, there shall be made available to representatives of the City and/or the Federal
Government an apportunity to review, inspect or audit all records, documentation, and any other data
relating ta all matters covered by the Agreement.
An atuxual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal
year. The submitted audit shall include any management lett�rs and agency responses to the management
letters. The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB
16
�
Circular A-133. If this Agreement is closed-out prior to the receipt of an audit repart, the City reserves the
right to recover any disallowed costs identified in an audit after such closeout.
SECTION XIII: REVERSION UF ASSETS
The Frovider shall transfer to the City any CDBG, HOME or SHIP funds on hand (including program
income) or any accounts receivable attzibutable ta the use of CDBG, HOME or SHIP funds should the
agency close its doars. The Provider shall also transfer ta the City any real property in the Provider's
control that was acquired ar improved in whole or in part of with CDBG, HOME or SHIP funds, unless it
is used ta (1) meet ane of the national objectives in Section 570.208 wntil five years after the expiration of
this agreement, or for such longer period �f time as detezmined to be appropriate by the recipient; or (2) if
nat used for eligible activity, the Pravider shall pay to the City an amount equal to the current to the current
market value of the property less any portian of the value attributable to expenditures of non-CDBG,
HOME or SHIP funds for the acquisitian af or improvement to, the property.
SECTION XIV: COMPLIANCE WITH LOCAL STATE & FEDERAL REGULATIDNS
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 XV: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreernent to
be used for compensation originated fram grants of federal Community Development Block Grant Funds,
HOME Investment Parinership Frogram Funds and State Housing Initiatives Partnership Funds, and must
be unplemented in full compliance with all of HUD's and the State of Florida rules and regulations.
Tt is expressly understood and agreed that in the event af curtailment or non-praduction of said federal grant
funds, that the financial sources necessary to cantinue to pay the Pravider compensation will not be
available and that this Agreernent will thereby ternunate effective as of the tirne that it is detezxnined that
said funds are no longer available.
In the event of such determination, the Provider agrees that it will not loak to, nor seek to hold liable, the
City or any individual member of the City Cammission thereof persanally for the performance of this
Agreement and all of the parti�s hereto shall be released from fiirther liability each to the other under the
terms of this Agreement.
�r�
IN WITNESS WHEREOF the parties hereta have caused this Agreement to be executed by their duly
authoz�zed officials on the day and date first above indicated.
Cauntersigned:
� v'
Frank V. Hibbazd
Mayor
Continued:
Appraved as to form:
Laura Mahony
Assistant City Attorney, II
COMMUNITY SERVICE FOUNDATXON,
INC.
,
r
By
Bo President
��"Z .�.7E�% ,:��,� .
Date � '' ,�, � ���'
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ATTE T: � y , � '-
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. � •
Boar Secretary
��a�a��
Date
CYTY OF CLEARWATER, FLORIDA
By: --�
William B. Horne, II
City Manager
Attest:
18
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Rosernarie Call, MPA, CMC
City Clerk
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APPENDIX 1
Provider's Program Budg�t
Community Service Foundation, Inc. FY 11-1�
°j��.�'',�a_��.i�Trr�l mK��il�'�,d �Y'�'itra�pt'�x� �+rcr r�.�.�.�i�,.,�,��,�, � u�r-.�,•*��ir;ua —�.e,w;�.��;'ns r�
�,'�N '� � �> � ��� � W, .t�'� i, ,'l�• . i �,,:�" 3� '!�*r�i; e'; �:����a�p ��r�.. »n p�, r—m� ...rxir
e",; '�f�l'! 1� �;.1+ � �A�;I ,li.. : a�., lA'���11� SI, '�- ! �� 'y ��� � :� �� �6;;'S'p�q�eo���A, �j`41 ,`��e Cr_
..�f ���,1�1, rC•f9i. �'V ,W?�.';; "",• �; ;q���pi`.p, � ��.�J� �`�J F�I iJ.d ���P�i1� �d 'f' '6,, ri'r p`f
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� � ;AI� & �� 'W�'„� �� ���• � ^ � ^'i;'' � l�� I ��q � d�' �� i, � ',�,�'� j � I ) Ir� d � , P. A P�
u�� G� � �„ '� ,��I,;,,�, �� �1 � 4 y...�Ml I � .? PK;'�r�i�;. � i��d.l+; �1, ;'.. �' �'1��?,:'Y. .�4��. �i;n� , i� � �I �� „��r ��,�I ,.�} �:f�
� 9 � • le�"��.��it�. �:t, ___ i=c�,.ri..,.. .� t V P-
��! �i : w p���,�"� , S�, �g" °`�;';j.l i<,4 , ;,�. — --„•x:„;.>,,:. .� ;t„ � ,„V , .
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i� w1� ' �6 �:���a8:��7��* � �"� � • p �, .� i~ ! �i'i;l * i !.� ��..,u - ^ 9 q i � � �� '�c� t'yr� 3 E
8 �,�1��:�utc'..._i:'��',E�3Fk�.i.", _��¢�'i .n,., �,a r�,ba,�:�,...�`'-�,;'I`�I� �� �. ���i��.>.F.t.�_�.4; "�
— —
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� ' I �'�(�7���Yil 1 1 1 1 1 ��N�p4� '" ��`�� aM^ 1 1 1 1 1
�� . �I�d�t��'j'��
APPENDIX 1
Provider's Program Implementation Schedule
Community Service Foundation, Inc. FY 11-12
Planned Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Implementation
Step�
APPENDIX 3
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incarparated into any contract far
canstruction 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 fram the Federal Governrnent or
borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or
guarantee, �r undertaken pursuant ta any Federal program involving such grant, contract, loan, insurance,
or guarantee, the following Equal Opportunity clause:
During the performance of this cantract, the contractar 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 emplayed, and that employees are treated during employment without regazd 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 ar recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection af training,
including apprenticeship. The contractar agrees to post in a conspicuous place, available to
employees and applicants far employment, notices ta be provided setting farth the provisian of this
nandiscrimination clause.
(2) The contractor wiill, in all salicitations or advertisements for employees placed by or behalf of the
contractor, will sta.te tlaat all qualified applicants will receive consideration far employment without
regard to race, calor, religian., sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bar�ainin� agreement or other contract or understanding, a notice ta be provided advising
the said labor union or warkers' representative of the contractar's commitments under this section,
and shall post copies of the notice in conspicuaus places available ta employees and applicants for
emplayment.
(4) The contractar will comply �vith 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 tl�e 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 purpases of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discriminatian clauses of this contract
or with any of the said rules, regulations, or arders, this cantract may be canceled, terminated, or
suspended in whole or in part and the contractar may be declar�d ineligible for further government
1
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Ord�r 11246 of September 24, 1965, or by rule, regulatian, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The contractor will i�clude the partion af the sentence immediately preceding paragraph (1), and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulatians, or arders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of 5eptember 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will talce such actian with respect to any subcontract ar
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions far non-compliance provided, hawever, that in the event a contractor becornes
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 litigatian to protect the interest of the United States.
The applicant further agrees that it will be baund by the above Equal Opportunity clause with respect ta its
own employment practices when it participates in federally assisted construction work: provided that, if the
applicant sa participating is a State or local government, the above Equal Oppartunity clause is not
applicable to any agency, instnunentality or subdivision of such government which does not participate in
w�rk an or under the contract.
The applicant agrees that it will assist and caoperate actively with the administering agency and the
Secretary of Labor in abtaining the compliance of contractars and subcontractars 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 atherwise 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 modificatian
subject ta Executive Qrder 11246 of September 24, 1965, with a contractor debarred from, or who has not
demons�rdled eligibility for, government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctians and penalties for violatian of the equal apportunity
clause as may be impased upan 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 ar 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.
2
v �
FEDERAL - SECTION 3 CLAUSE
A. The work to be perfarmed under this cantract is on a project assisted under a prograrn providing
direct Federal financial assistance fram the Depat�tment af Hausing and Urban Development and is
subject to the requirernents of Section 3 of the Housing and Urban Develapment Act of 196$, as
arnended, 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 ta business concerns which are located in, ox
owned in substantial part by persons residing in the area of the praject.
B, The parties to this contract will camply 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 CF'R
135, and all applicable rules and arders of the Department issued there under prior ta the execution
af this contract. The parties to this contract certify and agree that they are under no contractual or
other disability, which wauld prevent them fram 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 warkers' representative of his commitments under this Sectian 3 Clause
and shall post copies of the natice in conspicuous places available to employees and applicants for
emplayment ar training.
D. The con.tractor will include this Section 3 Clause in every subcontract for work in connectian with
the project and will, at the direction af the applicant far 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
The contractor will not subcontract with any subcantractar where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR 135, and will not let any
subcontract unless the subcantractor has first provided it with a preliminary statement of ability to
comply with the requirements of these regulatians.
E. Compliance with the provisians of Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued hereunder prior t� the execution of the
contract, shall be a condition af the federal financial assistance pravided ta 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 laan agreernent or contract
through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
135.
3