SUBRECIPIENT AGREEMENT FOR HOUSING POOL ACTIVITIES
FYn7-(}8 Agree Temp/ale - liP -- (}8.3(}()7
'08 JAN 7 F'M2:13
CITY OF CLEARWATER, FLORIDA
AND
HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC.
FY2007-2008
SUBRECIPIENT AGREEMENT
(Housing Pool Activities)
THIS SUBRECIPIENT AGREEMENT as entered into on this ~day of October 2007, 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 Habitat for Humanity of
Pinellas County, Inc., hereinafter referred to as the "Provider" or "Habitat for Humanity of Pinellas
County, Inc.", whose principal address is: 3071 118th Avenue N., St. Petersburg, Florida 33716.
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and
Urban Development (HUD) for the purpose of conducting a Housing and Community Development
Program 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
ofl990;and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and
Urban Development for the purpose of conducting the Community Development Block Grant (CDBG) (24
Code of Federal Regulations (CFR) Part 570) and the HOME Investment Partnership (HOME) Program
with federal assistance under Title II (42 United States Codes (USC) 12701-12839) of the Cranston-
Gonzalez National Affordable Housing Act of 1990, as amended; and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of
conducting the State Housing Initiatives Partnership (SHIP) Program with State of Florida assistance under
the William E. Sadowski Housing Act (Section 420.907 - .9079 Florida Statutes, Rule 67-37, Florida
Administrative Code (FA C)) which was signed into law on July 7, 1992; and
WHEREAS, the City has determined through its Fiscal Year 2005-201 0 Consolidated Plan and
FY2007-2008 Consolidated Action Plan, which was adopted on July 19,2007, the necessity for providing
affordable housing opportunities to very-low to moderate income households residing in Clearwater;
WHEREAS, the City desires to engage the Habitat for Humanity of Pinellas County, Inc. to render
certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
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SECTION I: SCOPE OF SERVICES
Habitat for Humanity of Pinellas County, Inc., agrees to provide City funds for acquisition, down payment
assistance and new construction infill activities to households who are very-low to moderate income in
accordance with the City's "Housing Pool - Underwriting Guidelines, Polices and Procedures", as
amended, all in accordance with the projected accomplishments attached and made a fully binding part of
this Agreement, as Appendix 1, as follows:
Funding will be made available to the Habitat for Humanity of Pinellas County, Inc. to carry out their
Infill Housing Program which includes such thing as: acquisition and new construction infill activities.
Funding for housing activities shall be derived from the City's Housing Pool. Funds will also be
provided to Habitat for Humanity of Pin ell as County, Inc., for program delivery and development fees to
develop affordable housing opportunities for very-low to moderate-income families and to fund loans
made in accordance with program guidelines. As part of developing housing opportunities, the City may
provide funding for such things as, but not limited to: new construction, rehabilitation, site
improvements, acquisition of existing homes, acquisition of vacant land, demolition, relocation, and
project related soft costs. Funds may not be used for land banking or model spec homes. Funding will
be available on a first come, first served, first eligible basis.
SECTION II: CONDITION OF SERVICE
The Habitat for Humanity of Pin ell as County, Inc. hereby agrees to the following:
A. The Program shall serve eligible very-low to moderate-income persons living in Clearwater. The
Habitat for Humanity of Pinellas County, Inc. shall certify that the activities carried out with funds
provided under this Agreement will meet one or more of the CDBG program's National Objectives
1) benefit very-low to moderate income persons, 2) aid in the prevention or elimination of slum and
blight, 3) meet community development needs having a particular urgency - as defined in 24 CFR
570.208 and all applicable rules and regulations as contained in the federal HOME Investment
Partnership and State of Florida State Housing Initiatives Partnership (SHIP) programs.
B. The Habitat for Humanity of Pinellas County, Inc. shall maintain in its file the documentation on
which basis it determines that the project benefits very-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, ethnicity, race and gender, or area benefit
data, as required.
C. The Habitat for Humanity of Pin ell as County, Inc. 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.
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D. The Habitat for Humanity of Pinellas County, Inc. shall comply with Subpart c - Post Award
Requirements of the Office of Management and Budget (OMB) Circular No. A-IIO, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations", incorporated 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 Habitat for Humanity of Pinellas County, Inc. shall abide by those provisions of 24 CFR Part
570 subpart J, when applicable, incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incurred for the program prior to approval and release of
funds from the U.S. Department of Housing and Urban Development and/or the State of Florida.
Further, it is expressly understood that in the event no funds are released from the U.S. Department
of Housing and Urban Development and/or the State of Florida in connection with this Program,
then the City is not liable for any claims under this contract.
H. Habitat for Humanity of Pin ell as County, Inc., 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 1990 (Public Law
(PL) 101 -336), and all state and local laws requiring physical and program accessibility to people
with disabilities, and agrees to defend, hold harmless and indemnifY the City from and against
any and all liability for any noncompliance on the part of Habitat for Humanity of Pin ell as
County, Inc.
(l) Notification by HUD to the City that said project is ineligible because of project
location, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the City that said project is deficient and that continued support
of the project is not providing an adequate level of services to very-low income and
minority people; or
(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 to file required reports or meet project progress or completion deadlines;
(5) Materially fails to comply with any provision of this Agreement (which may result in
suspension or termination in accordance with 24 CRF 85.43 or OMB Circular A-IIO,
Attachment L);
(6) Expends funds under this Agreement for ineligible activities, services or items;
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(7) Implements the project prior to notification 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.
1. The Habitat for Humanity of Pine lias County, Inc. 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
ongm or sex.
J. The Habitat for Humanity of Pine lias County, Inc. 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 very-low income persons residing in the City of Clearwater, particularly minority group
members.
K. The Habitat for Humanity of Pinellas County, Inc. shall comply with the provisions of 24 CFR
570.504 (c), "Program Income" and meet the definition of program income defined in 24 CFR
570.500 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 program income generated
through the use of Community Development Block Grant, HOME Investment Partnership Program,
and State Housing Initiatives Partnership programs 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 CDBG eligible activities, previously approved
by the City in accordance with the projected accomplishments and budget descriptions attached to
this Agreement.
L. The Habitat for Humanity of Pinellas County, Inc~ shall transfer to the City any unused CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. All real property acquired or improved in whole or in part with CDBG funds in excess of
$25,000 shall be:
(1) Used to meet one of the national objectives in Section 24 CFR Part 570.208 until five years
after expiration of the agreement, or for such longer period of time as determined to be
appropriate by the City; or
(2) If not used as stated above, the Habitat for Humanity of Pinellas County, Inc. shall pay to
City an amount equal to the current market value of the property less any portion of the
value attributable to expenditures on non-CDBG funds for the acquisition of or
improvement to, the property. The payment shall be considered program income.
M. The Habitat for Humanity of Pinellas County, Inc. shall comply with First Amendment
Church/State principles, as follows:
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1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion.
2. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no other religious influence in the
provision of such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under
this Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or
restore any religious facility which is owned by the Habitat for Humanity of Pinellas
County, Inc. and in which the public services are to be provided. However, minor repairs
may made if such repairs are directly related to the public services; are located in a structure
used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor
portion of the CDBG expenditure for the public services.
N. The Habitat for Humanity of Pine lias County, Inc. shall transfer to the City upon expiration of this
Agreement, any unused 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
following restrictions and limitations apply to any real property under the Habitat for Humanity of
Pinellas County, Inc.'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 Habitat for Humanity of Pine lias County, Inc.'s control must be
used to meet one of the National Objectives in the CDBG Regulations, 24 CFR Part
570.208 until five years or such longer period of time as determined appropriate by the City
after expiration 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 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.
O. The Habitat for Humanity of Pinellas County, Inc. agrees that when sponsoring a project financed
in whole or in part under this Agreement, all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorship of the project, research reports, and similar public
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notices prepared and released by the Habitat for Humanity of Pine lias County, Inc. shall include the
statement:
FUNDED BY
THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIP, AND
ST A TE HOUSING INITIA TIVES PARTNERSHIP PROGRAMS
In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS,
AND STATE HOUSING INITITATIVES 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 of the Habitat for Humanity of Pin ell as County, Inc.
P. The Habitat for Humanity of Pinellas County, Inc. 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.
Q. The Habitat for Humanity of Pinellas County, Inc. shall maintain sufficient records in accordance
with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this
Agreement, the Community Development Block Grant Program and all applicable laws and
regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement, including matching
funds and program income.
2. Time sheets for split-funded employees who work on more than one activity, in order to
record the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG
related charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which
funding have been received, have been met. These also include special requirements such
as necessary and appropriate determinations, income certifications, and written agreements
with beneficiaries, where applicable.
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R. The Habitat for Humanity of Pinellas County, Inc. 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 five (5) years after expiration of this Agreement, with the following
exception: if any litigation, claim or audit is started before the expiration date of the five year
period, the records will be maintained until all litigation, claims or audit findings involving these
records are resolved. The City shall be informed in writing after closeout of this Agreement, of the
address where the records are to be kept.
SECTION III: OTHER CONTRACTUAL PROVISIONS
A. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for
less than eight households, the Habitat for Humanity of Pine lias County, Inc. 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 govern
the payment of wages and the ratio of apprentices and trainees to journey workers. Under the
terms of the Davis-Bacon Act, as amended, the Habitat for Humanity of Pine lias County, Inc. is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of
Labor, and shall pay overtime compensation in accordance with and subject to the provisions of
the contract Work Hours and Safety Standards Act (40 USC 327-332), and the Habitat for
Humanity of Pine lias County, Inc. shall comply with all regulations issued pursuant to these Acts
and with other applicable Federal laws and regulations pertaining to 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 Habitat for Humanity of Pine lias County, Inc. 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 accordance with the requirements of Section 102(a) of said Act.
C. Clean Air and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts
Which Exceed $100,000
The Habitat for Humanity of Pine lias County, Inc. shall comply with and require each
subcontractor to comply with all applicable standards of the Clean Air Act of 1970 (42 USC
1857 et seq.) as amended, the Clean Air Act of 1990, the Federal Water Pollution Control Act
(33 USC 1251 et seq.), as amended, and the regulations of the Environmental Protection Habitat
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for Humanity of Pinellas County, Inc., with respect thereto, at 40 CFR Part 15, as amended from
time to time.
D. Provision of the Hatch Act
Neither the Habitat for Humanity of Pine lIas County, Inc. 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 engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, USe.
E. Lead-Based Paint
Any grants or loans made by the Habitat for Humanity of Pinellas County, Inc. for the
rehabilitation of residential structures with assistance provided under this Agreement shall be
made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part
35. Habitat for Humanity of Pin ell as County, Inc., will comply with the requirements of24 CFR
570.608 for notification, inspection, testing, and abatement procedures concerning lead-based
paint. Such regulations require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may contain 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 when dealing with lead-based paint poisoning.
F. Special Assessments
Habitat for Humanity of Pin ell as County, Inc. shall not attempt to recover any capital costs of
public improvements assisted in whole or in part with funds provided under Section 106 of the
Act or with amounts resulting from a guarantee under Section 108 of the Act by assessing any
amount against properties owned and occupied by persons of very~low and moderate income,
including any fee charged or assessment made as condition of 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 HUD that lacks sufficient funds received under Section 106
of the Act to comply with the requirements of subparagraph (1).
G. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons
and Businesses
Habitat for Humanity of Pin ell as County, Inc. shall comply with the "City of Clearwater,
Housing Division, Community Development Block Grant Program Plan for Minimizing the
Displacement of Persons As a Result of Community Development Block Grant Funded
Activities" and "City of Clearwater, Housing Division, Community Development Block Grant
Program Residential Anti-displacement and Relocation Assistance Plan." Habitat for Humanity
of Pin ell as County, Inc. shall conduct any acquisition, rehabilitation, or demolition of real
property, and any negotiations for acquisition, rehabilitation or demolition of real property in
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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 regulations at 49CFR 24
and 24 CFR 570.606. Unless specifically permitted, the Habitat for Humanity of Pinellas
County, Inc. shall not cause either temporary or permanent involuntary displacement of persons
or businesses. If the Habitat for Humanity of Pin ell as County, Inc. causes the involuntary
temporary or permanent displacement of any person or business as a result of Community
Development Block Grant activities, it shall comply with the City's "Plan to Assist Persons
Actually Displaced by Community Development Block Grant Activities," and Habitat for
Humanity of Pinellas County, Inc., shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 1 04( d) of the Act, and the
implementing regulations at 49 CFR 24 and 24 CFR 570.606. The Habitat for Humanity of
Pinellas County, Inc. hereby agrees to 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. Lobbying Restrictions
Habitat for Humanity of Pin ell as County, Inc. 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 any
person for influencing an officer or employee of any Habitat for Humanity of Pin ell as County,
Inc." 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 into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,.
loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Habitat for Humanity of
Pinellas County, Inc." a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress, in connection with this Federal contract, grant loan or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions; and
It will require that the language of this paragraph L be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts 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 transaction imposed by Section 1352 Title 31, United States Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
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SECTION IV: 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/or the State of Florida and being duly executed by both parties,
whichever is later.
The term of this agreement shall be from October 1, 2007 to September 30, 2008. The term may be
amended ifboth execute a written agreement.
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SECTION V: TERMINATION
The City and the Habitat for Humanity of Pin ell as County, Inc. agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of
such intent to terminate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree
upon the termination conditions. A written notification shall be required and shall include the
following: reason for the termination, the effective date, and in the case of a partial termination, the
actual portion to be terminated. However, if, in the case of a partial termination, the City
determines that the remaining portion of the Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
C. The City may place the Habitat for Humanity of Pin ell as County, Inc. in default of this Agreement,
and may suspend or terminate this Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete m any
material respect.
c. Implementation of this Agreement, for any reason, IS rendered impossible or
infeasible.
d. Failure to respond in wntmg to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the Subrecipient, and applicable HUD rules and regulations.
2. The City shall notifY the Habitat for Humanity of Pinellas County, Inc. in writing when the
Habitat for Humanity of Pinellas County, Inc. 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 Habitat for Humanity of Pin ell as County, Inc. 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 Habitat for ,Humanity of Pinellas County, Inc. in writing when
sufficient cause is found for termination of this Agreement. The Habitat for Humanity of
Pinellas County, Inc. shall be given no more than fifteen (15) days in which to reply in
writing, appealing the termination prior to final action being taken by the City.
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D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds
of the U.S. Department of Housing and Urban Development and/or the State of Florida, this
Agreement will terminate effective as of the time that it is determined such funds are no longer
available.
E. Costs of the Habitat for Humanity of PinelIas County, Inc. resulting from obligations incurred
during a suspension or after termination, are not allowable unless the City expressly authorizes
them in the notice of suspension or termination or subsequently. Other costs during suspension or
after termination which are necessary and not reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the 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 Habitat for Humanity of Pine lias County, Inc. 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 to the Habitat for Humanity of Pine lIas County, Inc..
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 changes, which do not substantially change
the scope of the project and/or the Project Implementation Schedule or increase, the total amount payable
under this Agreement, shall be valid only when reduced to writing and signed by the City Administration
and the Habitat for Humanity of Pine lias County, Inc.
The City shall not reimburse the Habitat for Humanity of Pine lias County, Inc. 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 VII: METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual
expenditures incurred shall be reserved to implement the Habitat for Humanity of Pinellas County, Inc.'s
IniIll Housing Program activities for income eligible households.
Funding for housing activities shall be derived from the City's Housing Pool. Funds will be provided to
Habitat for Humanity of Pinellas County, Inc., for program delivery and development fees to develop
housing opportunities for very-low to moderate-income families and to fund loans made in accordance
with program guidelines. As part of developing housing opportunities, the City may provide funding for
such things as, but not limited to: new construction, rehabilitation, site improvements, acquisition of
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existing homes, acquisition of vacant land, demolition. relocation, and project related soft costs. Funds
may not be used for land banking or model spec homes. Funding will be available on a first come, first
served, first eligible basis.
It is expressly understood and agreed that the total compensation to be paid hereunder for actual
expenditures incurred shall be reserved in the City's Housing Pool. The Housing Pool may be
comprised of funding from the CDBG, HOME, and SHIP programs. There shall be no program income
generated through these programs by the Subrecipient.
Subrecipients may access these funds after their projects have been approved by the City's Housing
Division. Prior to approval, all Subrecipients must forward to the City a project analysis on each
activity they are requesting funds. Once approved by the City, a project reserve will be prepared for
the Subrecipient to use on all eligible project costs.
For Housing Education and Counseling, type activities, the allowable amounts that a Sub recipient can
submit reimbursement are contained in "Exhibit A", as amended, of the "Underwriting Guidelines,
Polices And Procedures For Down Payment And Closing Costs Assistance - Housing Education,
Counseling and Foreclosure Prevention/Counseling - Fee Schedule" .
HOME funds made available through this agreement are provided to the City of Clearwater by the U. S.
Department of Housing and Urban Development. These funds are placed in a Housing Pool for housing
development activities by local housing Habitat for HUIJlanity of Pinellas County, Inc.s. Access to these
funds will be made available on a first come, first serve. and first eligible basis.
Each Subrecipient must present the City with a formal pay request once the project reaches the
payment standards identified in the project description. Funds may be advanced for the purchase of
vacant properties on a case-by-case basis, as first approved by the City. Generally payments to
Subrecipients will be forwarded upon request at the completion/closing of each project. The City will
not be obligated to pay closing costs, taxes, insurance or lot maintenance on current or prior land
purchases.
Allowable payments will be those as outlined in the City of Clearwater Program Guidelines for the
Housing Pool, as amended, that covers down payment and closing costs assistance, infill housing
activities, rehabilitation and housing education and counseling and foreclosure prevention and
counseling.
All projects/activities funded through the Housing Pool must be approved by the City prior to
commitment of funds by the Habitat for Humanity of Pinellas County, Inc.. The Habitat for Humanity
of Pinellas County, Inc. shall certify that program participants meet all applicable program requirements
and all homes rehabilitated and/or constructed must meet all applicable building and local codes. Funds
requested by the Habitat for Humanity of Pinellas County, Inc. must be for actual costs/fees and each
request for reimbursement shall include source material for all referenced requests
The funds must be expended in accordance with the terms and conditions of the Agreement. Funds set
aside for this Habitat for Humanity of Pinellas County, Inc., may increase or decrease, subject to
13
FY07-08 Agree Temp/ate - HP - 08.30.07
Humanity of Pinellas County, Inc. established in their program implementation schedule. Any remaining
balance of funds shall revert to the City or other approved Habitat for Humanity of Pinellas County, Inc.' s.
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 Habitat for Humanity of Pinellas County, Inc. shall submit monthly requests for paymen1 for
actual expenditures (or no expenditures during the month), 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 twenty (20) working days after receipt of the same, and if all
required documentation is submitted with request and if all documentation is correct.
B. The City agrees to pay the Habitat for Humanity of Pinellas County, Inc. for expenditures incurred
under this Agreement on an as needed basis in accordance with the Budget and Project
Implementation Schedule attached hereto and made a part hereof as Appendix 1. Line item
transfers are allowable only within each component and may not exceed in the aggregate fifteen
percent (15%) of each line item without prior written approval ofthe City. All changes amounting
to more than fifteen percent (15%) require prior written approval.
SECTION VIII: EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Operating Habitat for Humanity ofPint?llas County, Inc.,
agrees as follows:
1. The Operating Habitat for Humanity of Pin ell as County, Inc., shall not discriminate against any
employee or applicant for employment because of race, color creed, religion, sex age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial status, or any
other basis prohibited by applicable law. The Habitat for Humanity of Pin ell as County, Inc.,
shall take affirmative 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 transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other forms of compensation, and
selection for training including apprenticeship. The Habitat for Humanity of Pinellas County,
Inc., agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Habitat for Humanity of Pin ell as County, Inc., will, in all solicitations or advertisements for
employees placed by or on behalf ofthe Habitat for Humanity of Pin ell as County, Inc., 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 applicableiaw.
3. The Habitat for Humanity of Pin ell as County, Inc., will send to each labor union or
representative of workers with which is has a collective bargaining agreement or other contract
of understanding, a notice to be provided advising the said labor union or workers;
14
FY(J7-()8 Agree Template - !-IP - ()83()(J7
of understanding, a notice to be provided advising the said labor union or workers;
representatives of the Operating Habitat for Humanity of Pin ell as County, Inc.,'s commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The Habitat for Humanity of Pin ell as County, Inc., will comply\ with all provisions of Executive
Order 11246, Equal Employment opportunity, of September 24, 1965, as amended by Executive
Orders 11373 and 12086, copies of which are on file and available at the City and of the rules
regulations, and relevant orders of the Secretary of Labor.
5. The Habitat for Humanity of Pin ell as County, Inc., 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 permit access to
its books, records, and accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event that the Habitat for Humanity of Pin ell as County, Inc. noncompliance 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 Habitat for
Humanity of Pin ell as County, Inc., 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, as amended, and such other sanctions may 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 Habitat for Humanity of Pin ell as County, Inc., 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, as
amended, so that such provisions will be binding upon each subcontractor or vendor. The
Habitat for Humanity of Pin ell as County, Inc., will take such action with respect to any
subcontract or purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event Habitat for
Humanity of Pin ell as County, Inc., becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the Habitat for Humanity of
Pinellas County, Inc., may request the United States to enter into such litigation to protect the
interests ofthe United States.
A. Equal Opportunity in Participation
Development Act of 1974, and in conformance with City policy and all requirements imposed by or
pursuant to the Regulations ofHUD (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 origin, marital status, familial status, or any other basis
prohibited by applicable law be excluded from participation in, be denied the benefits of, or be subjected
15
FY07-()8 Agr('(' Templale - HP ()8.30.07
to discrimination under, and program or activity funded in whole or in part with Community
Development Block Grant Program funds.
B. Specific (not exclusive) Discriminatory Actions Prohibited:
The Habitat for Humanity of Pin ell as County, Inc. may not directly or through contractual or other
arrangements, on the ground of race, color, creed, religion, sexual orientation, ancestry, national origin,
marital status, familial status, age handicap, disability, sex or any other basis prohibited by applicable
law:
(1) Deny any facilities, services, financial aid, or other benefits provided under the program
or activity.
(2) Provide any facilities, services, financial aid, or other benefits, which are different or are
provided in a different form from that provided to others under the program or activity.
(3) Subject to segregated or separate treatment in any facility, or in any mater or process
related to 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 privilege enjoyed by
others in connection 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 requirements or condition
which the individual must meet in order to be provided any facilities, services, or other
benefit provided under the program or activity.
(6) Deny any person with the legal right to work an opportunity to participate in a program or
activity as an employee.
C. Business and Employment Opportunitiesfor Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Business Enterprises
The Habitat for Humanity of Pin ell as County, Inc. shall conform with the rules and regulations set forth
under Section 3 of the Housing and Urban Development Act of 1968, (12 DsC 1701 u), as amended, and
the HUn regulations issued pursuant thereto 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 to business concerns
which are located in, or owned in substantial part by, persons residing in the area ofthe project. In all
solicitations for bids, the contractor must, before signing the contract, provide a preliminary statement of
the workforce, needs and plans for possible training and employment of lower income persons. When
Habitat for Humanity of Pinellas County, Inc., utilizes the bidding procedure to let a bid, the invitation
or solicitation for bids shall advise prospective contractors of the requirements of Section 3 of the
16
FY()7-()8 Agree Templale - HP - ()830 ()7
Housing and Urban Development 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 Habitat for Humanity of Pine lias County, Inc., solicits or requests an invitation for bids, every effort
feasible will be made to contact minority-o.wned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
D. Nondiscrimination in Federally Assisted Programs
The Habitat for Humanity of Pine lias County, Inc. shall comply with Title VI of the Civil Rights Act of
1964 (PL 88-352, 42USC 2000d et seq.) and the Fair Housing Act (42 USC 360] -20). 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 improved with assistance provided under this Agreement, the deed or
lease for such transfer shall contain a covenant prohibiting discrimination upon the basis of race, color,
creed, religion, 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 improvements
erected or to be erected thereon. The Habitat for Humanity of Pine lias County, Inc. will comply with
Title VIII of the Civil Rights Act of] 968 (PL 90-284) as amended and will administer all programs and
activities related to housing and community development in a manner to affirmatively further fair
housing.
SECTION IX: CONFLICT OF INTEREST
The Habitat for Humanity of Pinellas County, Inc. covenants that no person, under its employ who
presently exercises any functions or responsibilities in connection with Community Development Block
Grant Program, HOME Investment Partnership Program and State Housing Initiatives Program funded
activities, has any personal financial interests, direct or indirect, in this Agreement. The Habitat for
Humanity of Pinellas County, Inc. covenants that in the performance of this Agreement, no person having
such conflicting interest shall be employed. The Habitat for Humanity of Pinellas County, Inc. covenants
that it will comply with all provisions of 24 CFR 570.6]] "Conflict of Interest", and the State Statutes
governing conflicts of interest. The Habitat for Humanity of Pin ell as County, Inc. shall disclose, in writing,
to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions.
This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then
render an opinion, which shall be binding on both parties.
SECTION X: INDEMNIFICATION AND INSURANCE
The Habitat for Humanity of Pine lias County, Inc. 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 Habitat for
Humanity of Pinellas County, Inc. shall pay all claims and losses of any nature whatsoever in connection
therewith and shall defend or pay to defend all suits brought against the City, when requested, and shall pay
all costs and judgments 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.
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FY07-08 Agree Templale - IfP - 0830(J7
The Habitat for Humanity of Pin ell as County, Inc. shall submit to the City an ORIGINAL Certificate of
Insurance.
All liability insurance coverage shall be approved by the City prior to the release of any funds under this
Agreement. Generally, the amount of coverage 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, this Agreement may be terminated at the City's option and any
payments then due may be permanently withheld by the City and the City will have no further obligation
under this contract or any Subrecipient contract.
]8
FY07-08 Agree Temp/ale - HP 08.30.07
SECTION XI: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an
impact in very-low/moderate income areas, through progress in accomplishing scheduled activities. An
effective method for maintaining project progress against a previously established schedule is through
project evaluation and reporting, which will consist of both written reports and staff discussions on a
regular basis. The Habitat for Humanity of Pinellas County, Inc. also assures prompt and efficient
submission of the following:
A. Monthlv Reports - are due no later than the tenth (10th) day of the succeeding month and shall
include the request for payment when applicable. A monthly report is due regardless if any 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 limited to the following:
1. The ""Financial Report & Implementation Summary" Form, which shall include the request
for payment and documentation, as applicable.
2. The ""Program Activity Report"
3. The ""Request for Reimbursement" Form
4. Instructions for Appendix 2 Forms
B. Final Evaluation - Within thirty (30) days of contract completion, a final report documenting how
the Statutory National Objective and the eligibility requirements were met, must be submitted by
the Habitat for Humanity of Pinellas County, Inc. 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
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 Habitat for Humanity of Pinellas
County, Inc. will be notified if additional data is necessary or that the project/activity is considered
"closed-out" .
C. Other ReportinJ! Requirements may be required by the City in the event of program changes, need
for additional information or documentation and/or legislation amendments. The Habitat for
Humanity of Pine lIas County, Inc. shall be informed, in writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered
delinquent, and may be considered by the City as sufficient cause to suspend CDBG, HOME, and
SHIP payments to the Habitat for Humanity of Pine lIas County, Inc.
SECTION XII: AUDIT AND INSPECTIONS
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FY07-()S Agree Templale - HP- ()S 3() ()7
At any time during normal business hours and as often as City and/or Federal Government representatives
may deem necessary, there shall be made available to representatives of the City and/or the Federal
Government an opportunity to review, inspect or audit all records, documentation, and any other data
relating to all matters covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Habitat for
Humanity of Pinellas County, Inc.'s fiscal year. The submitted audit shall include any management letters
and Habitat for Humanity of Pinellas County, Inc., responses to the management letters. The audit shall be
performed in accordance with OMB Circular A-IlO Attachment F, OMB Circular A-B3 or OMB Circular
A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City
reserves the right to recover any disallowed costs identified in an audit after such closeout.
SECTION XIII: REVERSION OF ASSETS
The Habitat for Humanity of Pinellas County, Inc. shall transfer to the City any CDBG, HOME or SHIP
funds on hand (including program income) or any accounts receivable attributable io the use of CDBG,
HOME or SHIP funds should the Habitat for Humanity of Pinellas County, Inc., close its doors. The
Habitat for Humanity of Pinellas County, Inc. shall also transfer to the City any real property in the Habitat
for Humanity of Pin ell as County, Inc.'s control that was acquired or improved in whole or in part of with
CDBG, HOME or SHIP funds, unless it is used to (1) meet one of the national objectives in Section
570.208 until five years after the expiration of this agreement, or for such longer period of time as
determined to be appropriate by the recipient; or (2) if not used for eligible activity, the Habitat for
Humanity of Pin ell as County, Inc. shall pay to the City an amount equal to the current to the current market
value of the property less any portion of the value attributable to expenditures of non-CDBG, HOME or
SHIP funds for the acquisition of or improvement to, the property.
SECTION XIV: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS
The Habitat for Humanity of Pinellas County, Inc. agrees to comply with all applicable federal regulations
as they may apply to program administration. Additionally, the Habitat for Humanity of Pinellas County,
Inc. 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 Agreement to
be used for compensation originated from grants of federal Community Development Block Grant Funds,
HOME Investment Partnership Program Funds and State Housing Initiatives Partnership Funds, and must
be implemented in full compliance with all ofHUD's and the State of Florida 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 Habitat for Humanity of Pinellas County,
Inc. compensation will not be available and that this Agreement will thereby terminate effective as of the
time that it is determined that said funds are no longer available.
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FY07-08Agree Template - HP~ 0830(J7
In the event of such determination, the Habitat for Humanity of Pinellas County, Inc. 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.
21
FY07-()8 Agree Temp/ate - flP ()8.30.07
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.
HABITAT FOR HUMANITY OF PINELLAS
COUNTY,INC.
Countersigned:
CITY OF CLEARWATER, FLORIDA
:f~~R ~ 7~ By ~~-:J..
~ V. Hibbard William B. Home, II
Mayor City Manager
Continued:
Approved as to form:
~~.
Laura Lipowski
Assistant City Attorney
Attest:
22
FJD7-08 Agree Temp/ale - HP- OS, 3D. 07
APPENDIX 1
Program Budget
FY 07-08 Habitat for Humanity of Pinellas County, Inc.
Qth~r~uJlding~
'.. Sources
City SHIP,
HOME & CDBG
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ - $ $ $
n07-{)/3 Agree Templale - HP - 08.30.07
APPENDIX 1
Program Implementation Schedule
FY 07-08 Habitat for Humanity of Pinellas County
Planned.. ...... .........\.i1qd.. Nov Dee
ImPlementation:,:::;t..........:.... :....
Steps. ........... .i>.;':,;;;;:.'\ii!\ .......... ..,. ......
1.) Site acquisition 1 1
Jan ::', [:""1-'....
.. ...
Apr
....
May ,Jun. JUI::i Augi. Sep .....
..... ....:.,.::....:......i I.' . ...:;.:. .......
...... ..:.. ... ...,.......;:\. ...
. ..'.... .......:....:..: ,
..' ...............:... ...:.....................
1 1
2) Families selected
1
1
1
1
3) Construction
1
1
1
1
4) Closingsl
Occupancies
1
1
1
1
!
I
r
f
i
2
FY07-08 Agree Template - HP ~ 08.30.07
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 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 payor other forms of compensation; and selection of training,
including apprenticeship. The contractor agrees to post in a conspicuous place, available to
employees and applicants for employment, notices to be provided setting forth the provision of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, will state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering Habitat for
Humanity of Pinellas County, Inc., and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
FY()7.08 Agree Template - HP - OS-30. 07
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.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and
the provisions of paragraphs (I) 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 Habitat for Humanity of Pinellas County, Inc., 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 Habitat for Humanity of
Pinellas County, Inc." 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 Habitat for Humanity of Pinellas County, Inc." 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 Habitat for Humanity
of Pinellas County, Inc., 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 Habitat for Humanity of Pine lIas County, Inc., 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 Habitat for Humanity of Pinellas County, Inc., in the
discharge of the Habitat for Humanity of Pinellas County, Inc.,'s primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by the administering Habitat for Humanity
of Pine lIas County, Inc., 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
Habitat for Humanity of Pinellas County, Inc., 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.
2
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F}'()7-(JS Agree Templale - HP -- 08.3G.()7
FEDERAL - 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. 1701 u. 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 ofthe 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 there under 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 hereunder. prior to the execution of the
contract, shall be a condition of the federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
135.20.
3