HomeMy WebLinkAbout1611 - Meals on Wheels - CDBG - Housing Rehab GrantTRANSMITTAL MEMORANDUM
MEMORANDUM
I
0
TO: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
❑ Performance Bond
❑ Resolution
Once completed, please:
❑ Return original
❑ Return copy
El
❑
Mayor's signature
❑
Recording
❑
Rendering
®
Safe keeping (Vault)
Special Instructions:
Please retain for the CDBG Community Development File — HUD Community Development
CDBG Agreement between the City of Sanford and Meals on Wheels and ETC. Inc. for housing
rehabilitation .
Please advise if you have any questions regarding the above.
Thank you!
Andrew Thomas 9/17/2013
From Date
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HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AGREEMENT BETWEEN THE CITY OF SANFORD
AND
MEALS ON WHEELS AND ETC INC. f`
FOR �
HOUSING REHABILITATION GRAN
UJ
THIS AGREEMENT made and entered this yday of 2013 by and
between the City of Sanford, Florida (herein called the "City ") a lorida Municipal
Corporation whose address is City Hall, 300 North Park Avenue, Sanford, Florida
32771 and Meals on Wheels, Etc. Inc. (hereinafter called the "Subrecipient ")
whose address is 2801 S financial Court, Sanford, Florida 32773.
Witnesseth.
Whereas, the City has applied for and received funds from the United States
Government under Title I of the Housing and Community Development Act of
1974, as amended, Public Law 93 -383; and
Whereas, the City recognizes the benefits that are provided by the Subrecipient
to the City through its programs and services to the community and the general
citizenship; and
Whereas, the City recognizes the Subrecipient's status as a non - profit
organization and acknowledges the Subrecipient's commitment to the Sanford
community; and
Whereas, the City recognizes the Subrecipient's goal of promoting the civic
interests and well -being of the citizens in the Sanford area; and
Whereas, the Subrecipient has applied for funding from the City to support its
mission, civic interests and advance the public welfare of the City; and
Whereas, the Subrecipient and the City desire to enter into this Agreement
whereby the City will provide the Subrecipient with grant funding as set forth
herein.
Now, Therefore, in consideration of the promises contained herein and for good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
I. GENERAL TERMS AS TO PERFORMANCE.
(a). The Subrecipient certifies that the activities carried out under this Agreement
will meet United States Department of Housing and Urban Development (HUD)
National Objective of providing services that will benefit low and moderate
income persons and households. The services to be provided are as follows:
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 1 -23
(1). To assist 26 seniors in the Goldsboro and Georgetown neighborhoods
with needed roof repairs and replacement and other minor weatherization and
energy efficiency repairs as needed to their homes.
(2). Conduct intakes, verify residency and ownership, income - certify applicants,
inspect and verify scope of work to be performed at house with homeowner,
assign contractor, and inspect finished work.
(3). The maximum assistance is $6,000.00 per household. In extenuating
circumstances with the approval of City staff the allocation for a specific house
may exceed the $6,000.
(b). Levels of Accomplishment — Goals and Performance Measures.
The Subrecipient agrees the grant funding shall be used for roof repairs and
replacement and other minor energy efficiency improvements to a minimum of 26
single - family units that are owner occupied by low and moderate income
households. The goal of the program is to help low and moderate income
households with the burden of energy cost while improving the health, safety and
comfort of the residents. A description of the scope of services that can be
preformed under the program and the criteria for participation in the program is
contained in Attachment "A ".
(c). Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and
performance standards as stated above. Substandard performance as
determined by the City will constitute noncompliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient
within a reasonable period of time after being notified by the City, contract
suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE.
(a). This is a one -time grant. The City may award future grants for future terms to
the Subrecipient, but there is no guarantee relative to future funding and the City
accepts no obligations to future funding.
(b). Services of the Subrecipient shall start on the 1St day of, January 2013 and
end on the 30th day of September 2014. The term of this Agreement and the
provisions herein shall be extended to cover any additional time period during
which the Subrecipient remains in control of Community Development Block
Grant (CDBG) funds or other CDBG assets, including, but not limited to, program
income.
III. BUDGET.
See Attachment "A" the detailed for Scope of Services and budget. Any indirect
costs charged to grant must be specified and detailed. In addition, the City may
require a more detailed budget breakdown than the one contained herein, and
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 2_23
the Subrecipient shall provide such supplementary budget information in a timely
fashion in the form and content prescribed by the City. Both the City and the
Subrecipient must approve any amendments to the budget in writing.
IV. PAYMENT.
It is expressly agreed and understood that the total amount to be paid by the City
under this Agreement shall not exceed $177,000. The funds will be appropriated
from the HUD CDBG 2010 -2011 and 2011 -2012 allocations. Such funds shall be
provided upon execution of this Agreement. Expenses for general administration
shall be paid against the line item budgets specified in Paragraph II and in
accordance with performance. Payments may be contingent upon certification of
the Subrecipient's financial management system in accordance with the
standards specified in 24 Code of Federal Regulations (CFR) 84.21.
V. NOTICES.
(a). Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile
or other electronic means. Any notice delivered or sent as aforesaid shall be
effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written
notice.
(b). Communication and details concerning this Agreement shall be directed to
the following representatives:
As to the CITY:
Norton N. Bonaparte, Jr.
City Manager
City Hall
300 North Park Avenue
Sanford, Florida 32771
As to the SUBRECIPIENT:
Sherry Fincher
Executive Director
Meals on Wheels Etc Inc.
2801 Financial Court
Sanford, Florida 32771
VI. SPECIAL CONDITIONS.
(a). The Subrecipient shall maintain its non - profit status with the appropriate
agencies, federal, state and local for the duration of this Agreement.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 3 -23
(b). The Subrecipient shall provide a written annual report to the City within 45
days of the completion of HUD fiscal year, September 30. The report shall
provide the following information:
(1). Methods used to promote the program.
(2). Copy of literature promoting the program.
(3). A list of all applicants approved and not approved.
(4). A detailed list of households and repairs for which funding was supported by
this grant.
(5). Procurement process for selection of contractors.
(6). Verification of income level of households assisted.
(8). Active waiting list of eligible applicants at close of program year.
VII. GENERAL CONDITIONS.
(a). General Compliance.
The Subrecipient agrees to comply with the requirements of Title 24 CFR Part
570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including, but not limited to,
Subpart K, except that:
(1) the Subrecipient does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604; and
(2) the Subrecipient does not assume the recipient's responsibility for initiating
the review process under the provisions of 24 CFR Part 52.
(b). Compliance With Controlling Law.
The Subrecipient also agrees to comply with all other applicable Federal, State
and local laws, rules, ordinances, regulations and policies governing the funds
provided under this Agreement as well as any action taken or to be taken under
this Agreement in any way whatsoever. The Subrecipient further agrees to utilize
funds available under this Agreement to supplement rather than supplant funds
otherwise available.
(c). "Independent Contractor ".
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer /employee
between the parties. The Subrecipient shall at all times remain an "independent
contractor" with respect to the services to be performed under this Agreement.
The City shall be exempt from payment of all Unemployment Compensation,
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 4 -23
FICA, retirement, life and /or medical insurance and Workers' Compensation
Insurance, as the Subrecipient is an independent contractor.
(d). Hold Harmless.
The Subrecipient shall hold harmless, defend and indemnify the City, its officers,
officials, agents and employees from any and all claims, actions, suits, charges
and judgments whatsoever that arise out of the Subrecipient's performance or
nonperformance of the services called for in this Agreement as well as any
activity or subject matter related to this Agreement in any way.
(e). Workers' Compensation.
The Subrecipient shall provide Workers' Compensation Insurance coverage for
all of its employees involved in the performance of this Agreement.
(f). Insurance & Bonding.
(1). The Subrecipient shall carry sufficient insurance coverage to protect contract
assets from loss due to theft, fraud and /or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the City.
(2). The Subrecipient shall comply with the bonding and insurance requirements
of 24 CFR 84.31 and 84.48, Bonding and Insurance.
(g). City Recognition.
The Subrecipient shall ensure recognition of the role of the City in providing
services through this Agreement to the satisfaction of the City's Public
Information Officer. All activities, facilities and items utilized pursuant to this
Agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient shall include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
(h). Amendments.
(1). The parties may amend this Agreement at any time provided that any such
amendment makes specific reference to this Agreement, and is executed in
writing, signed by a duly authorized representative of each party and approved
by the City's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the City or Subrecipient from its obligations
under this Agreement.
(2). The City may, in its discretion, amend this Agreement to conform with
Federal, state or local governmental guidelines, policies and available funding
amounts, or for other reasons. If such amendments result in a change in the
funding, the scope of services, or schedule of the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both the City and Subrecipient.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 5 -23
(i). Suspension or Termination.
(1). In accordance with 24 CFR 85.43, the City may suspend or terminate this
Agreement if the Subrecipient materially fails to comply with any terms of this
Agreement, which include (but are not limited to), the following:
(A). Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
(B). Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement;
(C). Ineffective or improper use of funds provided under this Agreement; or
(D). Submission by the Subrecipient to the City reports that are incorrect or
incomplete in any material respect.
(E). In accordance with 24 CFR 85.44, this Agreement may also be terminated
for convenience by either the City or the Subrecipient, in whole or in part, by
setting forth the reasons for such termination, the effective date, and, in the case
of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the City determines that the remaining portion of the award
will not accomplish the purpose for which the award was made, the City may
terminate the award in its entirety.
(2). The City may terminate this Agreement for convenience at any time and
should the City announce a cause for termination that later is determined not to
exist, such termination shall be deemed to have occurred for convenience.
VIII. ADMINISTRATIVE REQUIREMENTS.
(a). Financial Management.
(1). Accounting Standards.
The Subrecipient agrees to comply with 24 CFR 84.21 -28 and agrees to adhere
to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs
incurred.
(2). Cost Principles.
The Subrecipient shall administer its program in conformance with Office of
Management and Budget (OMB) Circulars A -122, "Cost Principles for Non - Profit
Organizations," or A -21, "Cost Principles for Educational Institutions," as
applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 6 -23
(b). Documentation and Record Keeping.
(1). Records to be Maintained.
The Subrecipient shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506 that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
(A). Records providing a full description of each activity undertaken;
(B). Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
(C). Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
(D). Financial records as required by 24 CFR 570.502, and 24 CFR 84.21 -28;
and
(E). All other records necessary to document compliance with Subpart K of 24
CFR Part 570.
(2). Retention.
The Subrecipient shall retain all financial records, supporting documents,
statistical records, and all other records pertinent to this Agreement for a
minimum period of 4 years. The retention period begins on the date of the
submission of the City's annual performance and evaluation report to HUD in
which the activities assisted under this Agreement are reported on for the final
time. Notwithstanding the above, if there is litigation, claims, audits, negotiations
or other actions that involve any of the records cited and that have started before
the expiration of the 4 -year period, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of the 4-
year period, whichever occurs later.
(3). Client Data.
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available to the City's monitors
or their designees for review upon request.
(4). Disclosure.
The Subrecipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not
directly connected with the administration of the City's or Subrecipient's
responsibilities with respect to services provided under this Agreement, is
prohibited by the Subrecipient unless written consent is obtained from such
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 7-23
person receiving service and, in the case of a minor, that of a responsible
parent/guardian" provided, however, that the requirements of controlling Federal
law shall be applicable in all circumstances and, in the event that Federal law
does not preempt State law, the laws of Florida relating to public records shall
apply.
(5). Closeouts.
The Subrecipient's obligation to the City shall not end until all closeout
requirements are completed. Activities during this closeout period shall include,
but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the City), and determining
the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has
control over CDBG funds, including program income.
(6). Audits and Inspections.
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the City, grantor agency, and the Comptroller General
of the United States or any of their authorized representatives, at any time during
normal business hours, as often as deemed necessary, to audit, examine, and
make excerpts or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the Subrecipient within 30 days after receipt by
the Subrecipient. Failure of the Subrecipient to comply with the above audit
requirements shall constitute a violation of this Agreement and may result in the
withholding of future payments.
(A). In the event that the Subrecipient expends $500,000.00 or more in Federal
awards in its fiscal year, the Subrecipient must have a single or program specific
audit conducted in accordance with the provisions on OMB Circular A -133, as
revised. In determining the Federal awards expended in its fiscal year, the
Subrecipient shall consider all sources of federal awards, including Federal
resources received from the City of Sanford. The determination of amounts of
Federal awards expended should be in accordance with the guidelines
established by OMB Circular A -133 as revised. An audit of the Subrecipient
conducted by the Auditor General in accordance with the provision of OMB
Circular A -133 as revised, shall meet the requirements of this part.
(B). In connection with the audit requirements addressed in Section B Subsection
6., paragraph i, the recipient shall fulfill the requirements relative to auditee
responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
(C). If the Subrecipient expends less than $500,000.00 in Federal awards in its
fiscal year, an audit conducted in accordance with the provisions of OMB A -133,
as revised is not required. In the event that the Subrecipient expends less than
$500,000.00 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB A -133, as revised, the cost
of the audit must be paid from non - Federal resources (i.e. the cost of such an
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 8 -23
audit must be paid from Subrecipient resources obtained from other than Federal
entities).
(D). The Subrecipient acknowledges that the City is funding this Agreement with
Federal grant funding with Catalog of Federal Domestic Assistance #14.218.
(E). The Subrecipient hereby agrees to have an annual agency audit conducted
in accordance with current City policy concerning Subrecipient audits and OMB
Circular A -133.
(c). Reporting and Payment Procedures.
(1). Program Income.
The Subrecipient shall report monthly all program income (as defined at 24 CFR
570.500(a)) generated by activities carried out with CDBG funds made available
under this Agreement. The use of program income by the Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this Agreement and shall reduce requests for additional
funds by the amount of any such program income balance on hand. All
unexpended program income shall be returned to the City at the end of the
contract period. Any interest earned on cash advances from the U.S. Treasury
and from funds held in a revolving fund account is not program income and shall
be remitted promptly to the City.
(2). Indirect Costs.
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the City for approval, in a form
specified by the City.
(3). Payment Procedures.
The City will pay to the Subrecipient funds available under this Agreement based
upon information submitted by the Subrecipient and consistent with any
approved budget and City policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the Subrecipient, and not to exceed actual cash requirements. The City in
accordance with advance fund and program income balances available in
Subrecipient accounts will adjust payments. In addition, the City reserves the
right to liquidate funds available under this Agreement for costs incurred by the
City on behalf of the Subrecipient.
(4). Progress Reports.
The Subrecipient shall submit regular Progress Reports to the City in the form,
content, and frequency as required by the City.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 9 -23
(d). Procurement.
(1). Compliance.
The Subrecipient shall comply with current City policy concerning the purchase of
equipment and shall maintain inventory records of all non - expendable personal
property as defined by such policy as may be procured with funds provided
herein. All program assets (unexpended program income, property, equipment,
etc.) shall revert to the City upon termination of this Agreement.
(2). OMB Standards.
Unless specified otherwise within this Agreement, the Subrecipient shall procure
all materials, property, or services in accordance with the requirements of 24
CFR 84.40 -48.
(3). Travel.
The Subrecipient shall obtain written approval from the City for any travel outside
the metropolitan area with funds provided under this Agreement.
(e). Use and Reversion of Assets.
The use and disposition of real property and equipment under this Agreement
shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR
570.502, 570.503, and 570.504, as applicable, which include but are not limited
to the following:
(1). The Subrecipient shall transfer to the City any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination.
(2). Real property under the Subrecipient's control that was acquired or
improved, in whole or in part, with funds under this Agreement in excess of
$25,000.00 shall be used to meet one of the CDBG National Objectives pursuant
to 24 CFR 570.208 until 5 years after expiration of this Agreement [or such
longer period of time as the City deems appropriate]. If the Subrecipient fails to
use CDBG- assisted real property in a manner that meets a CDBG National
Objective for the prescribed period of time, the Subrecipient shall pay the City an
amount equal to the current fair market value of the property less any portion of
the value attributable to expenditures of non -CDBG funds for acquisition of, or
improvement to, the property. Such payment shall constitute program income to
the City. The Subrecipient may retain real property acquired or improved under
this Agreement after the expiration of the five -year period.
(3). In all cases in which equipment acquired, in whole or in part, with funds
under this Agreement is sold, the proceeds shall be program income (prorated to
reflect the extent to that funds received under this Agreement were used to
acquire the equipment). Equipment not needed by the Subrecipient for activities
under this Agreement shall be:
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 10 -23
(A). transferred to the City for the CDBG program; or
(B). retained after compensating the City an amount equal to the current fair
market value of the equipment less the percentage of non -CDBG funds used to
acquire the equipment.
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE - FOR -ONE
HOUSING REPLACEMENT.
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the
requirements of 24 CFR 570.606(c) governing the Residential Anti - displacement
and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the
requirements in 24 CFR 570.606(d) governing optional relocation policies. The
Subrecipient shall provide relocation assistance to displaced persons as defined
by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition,
rehabilitation, demolition or conversion for a CDBG- assisted project. The
Subrecipient also agrees to comply with applicable City ordinances, resolutions
and policies concerning the displacement of persons from their residences.
X. PERSONNEL & PARTICIPANT CONDITIONS.
(a). Civil Rights.
(1). Compliance.
The Subrecipient agrees to comply with local and state civil rights ordinances
and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil
Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the
Housing and Community Development Act of 1974, as amended, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063, and Executive Order
11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
(2). Nondiscrimination.
The Subrecipient agrees to comply with the non - discrimination in employment
and contracting opportunities laws, regulations, and executive orders referenced
in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-
discrimination provisions in Section 109 of the Housing and Community
Development Act of 1974, as amended. are still applicable.
(3). Land Covenants.
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of
1964 (P. L. 88 -352) and 24 CFR 570.601 and 570.602. In regard to the sale,
lease, or other transfer of land acquired, cleared or improved with assistance
provided under this Agreement, the Subrecipient shall cause or require a
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 11-23
covenant running with the land to be inserted in the deed or lease for such
transfer, prohibiting discrimination as herein defined, in the sale, lease or rental,
or in the use or occupancy of such land, or in any improvements erected or to be
erected thereon, providing that the City and the United States are beneficiaries of
and entitled to enforce such covenants. The Subrecipient, in undertaking its
obligation to carry out the program assisted hereunder, agrees to take such
measures as are necessary to enforce such covenant, and shall not itself so
discriminate.
(4). Section 504.
The Subrecipient agrees to comply with all Federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
which prohibits discrimination against the individuals with disabilities or
handicaps in any Federally assisted program. The City shall provide the
Subrecipient with any guidelines necessary for compliance with that portion of
the regulations in force during the term of this Agreement.
(b). Affirmative Action.
(1). Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
City's specifications an Affirmative Action Program in keeping with the principles
as provided in President's Executive Order 11246 of September 24, 1966. The
City shall provide Affirmative Action guidelines to the Subrecipient to assist in the
formulation of such program. The Subrecipient shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds.
(2). Women- and Minority -Owned Businesses (W /MBE).
The Subrecipient shall use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum
practicable opportunity to participate in the performance of this Agreement. As
used in this Agreement, the terms "small business" means a business that meets
the criteria set forth in section 3(a) of the Small Business Act, as amended (15
U.S.C. 632), and "minority and women's business enterprise" means a business
at least 51% owned and controlled by minority group members or women. For
the purpose of this definition, "minority group members" are Afro - Americans,
Spanish- speaking, Spanish surnamed or Spanish- heritage Americans, Asian -
Americans, and American Indians. The Subrecipient may rely on written
representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
(3). Access to Records.
The Subrecipient shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder and shall
permit access to its books, records and accounts by the City, HUD or its agent,
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 12 -23
or other authorized Federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and provisions stated herein.
(4). Notifications.
The Subrecipient shall send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or worker's representative of the Subrecipient's
commitments hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5). Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement.
The Subrecipient shall, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
(6). Subcontract Provisions.
The Subrecipient shall include the provisions of Paragraphs X.A, Civil Rights,
and B., Affirmative Action, in every subcontract or purchase order, specifically or
by reference, so that such provisions shall be binding upon each of its own
subrecipients or subcontractors.
(c). Employment Restrictions.
(1). Prohibited Activity.
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; inherently
religious activities; lobbying; political patronage; and nepotism activities.
(2). Labor Standard
(A). The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis -Bacon Act, as amended, the provisions of
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all
other applicable Federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement. The
Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at
29 CFR Part 5. The Subrecipient shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such
documentation shall be made available to the City for review upon request.
(B). The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than 8 units, all contractors
engaged under contracts in excess of $2,000.00 for construction, renovation or
repair work financed in whole or in part with assistance provided under this
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 13 -23
Agreement, shall comply with Federal requirements adopted by the City
pertaining to such contracts and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7
governing the payment of wages and ratio of apprentices and trainees to journey
workers; provided that, if wage rates higher than those required under the
regulations are imposed by state or local law, nothing hereunder is intended to
relieve the Subrecipient of its obligation, if any, to require payment of the higher
wage. The Subrecipient shall cause or require to be inserted in full, in all such
contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
(3). "Section 3" Clause.
(A). Compliance.
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and
all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided
under this Agreement and binding upon the City, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the City, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns,
to those sanctions specified by this Agreement through which Federal assistance
is provided. The Subrecipient certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
(B). The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts executed
under this Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD 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). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low -
and very low- income residents of the project area, and that
contracts for work in connection with the project be awarded to
business concerns that provide economic opportunities for low- and
very low - income persons residing in the metropolitan area in which
the project is located."
(C). The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing construction, or
other public construction project are given to low- and very low- income persons
residing within the metropolitan area in which the CDBG- funded project is
located; where feasible, priority should be given to low- and very low- income
persons within the service area of the project or the neighborhood in which the
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 14 -23
project is located, and to low- and very low- income participants in other HUD
programs; and award contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead -based paint hazards),
housing construction, or other public construction project to business concerns
that provide economic opportunities for low- and very low- income persons
residing within the metropolitan area in which the CDBG- funded project is
located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low- income residents within the
service area or the neighborhood in which the project is located, and to low- and
very low- income participants in other HUD programs.
(D).The Subrecipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
(b). Notifications.
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker's
representative of its 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.
(c). Subcontracts.
The Subrecipient shall include this subcontractor clause in every subcontract and
shall take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. The
Subrecipient shall not subcontract with any entity where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR
Part 135 and shall not let any subcontract unless the entity has first provided it
with a preliminary statement of ability to comply with the requirements of these
regulations.
(d). Conduct.
(1). Assignability.
The Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the City thereto; provided, however, that
claims for money due or to become due to the Subrecipient from the City under
this Agreement may be assigned to a bank, trust company, or other financial
institution without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the City.
(2). Subcontracts.
(A). Approvals.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 15 -23
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written consent of the
City prior to the execution of such agreement.
(B). Monitoring.
The Subrecipient shall monitor all subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow -up actions
taken to correct areas of noncompliance.
(C). Content.
The Subrecipient shall cause all of the provisions of this Agreement in its entirety
to be included in and made a part of any subcontract executed in the
performance of this Agreement.
(D). Selection Process.
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition
basis in accordance with applicable procurement requirements. Executed copies
of all subcontracts shall be forwarded to the City along with documentation
concerning the selection process.
(3). Hatch Act.
The Subrecipient agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15, Title V, U.S.C.
(4). Conflict of Interest.
(A). The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and
570.611, which include (but are not limited to) the following:
(i). The Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged in the
award and administration of contracts supported by Federal funds.
(ii). No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal
funds if a conflict of interest, real or apparent, would be involved.
(iii). No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG- assisted activities, or who are in a position
to participate in a decision - making process or gain inside information with regard
to such activities, may obtain a financial interest in any contract, or have a
financial interest in any contract, subcontract, or agreement with respect to the
CDBG- assisted activity, or with respect to the proceeds from the CDBG- assisted
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 16 -23
activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1) year
thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed
official of the City, the Subrecipient, or any designated public agency.
(5). Lobbying.
(A). The Subrecipient hereby certifies that:
(i). No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence 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 into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement;
(ii). 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 agency, 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 shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; and
(iii). It shall require that the language of the lobbying certification below 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:
(iv).
Lobbying Certification
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,
U.S. C., Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000.00 and not
more than $100,000.00 for each such failure.
(6). Copyright.
If this Agreement results in any copyrightable material or inventions, the City
and /or grantor agency reserves the right to royalty -free, non - exclusive and
irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 17 -23
(7). Religious Activities.
The Subrecipient agrees that funds provided under this Agreement shall not be
utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as
worship, religious instruction, or proselytization.
XI. ENVIRONMENTAL CONDITIONS.
(a). Air and Water.
(1). The Subrecipient agrees to comply with the following requirements insofar as
they apply to the performance of this Agreement:
(A). Clean Air Act, 42 U.S.C., 7401, et seq.;
(B). Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq.,
as amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in Section 114 and Section
308, and all regulations and guidelines issued thereunder;
(C). Environmental Protection Agency regulations pursuant to 40 CFR Part 50,
as amended.
(b). Flood Disaster Protection.
In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an
area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
(c). Lead -Based Paint.
The Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35,
Subpart B. Such regulations pertain to all CDBG- assisted housing and require
that all owners, prospective owners, and tenants of properties constructed prior
to 1978 be properly notified that such properties may include 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 and the advisability and availability of blood lead level
screening for children under seven. The notice should also point out that if lead -
based paint is found on the property, abatement measures may be undertaken.
The regulations further require that, depending on the amount of Federal funds
applied to a property, paint testing, risk assessment, treatment and /or abatement
may be conducted.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 18 -23
(d). Historic Preservation.
(1). The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,
Advisory Council on Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this Agreement.
(2). In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty years
old or older or that are included on a Federal, State, or local historic property list.
The Subrecipient shall work closely with the City's assigned personnel involving
any and all historic preservation matters and issues.
XII. SEVERABILITY.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS.
The section headings and subheadings contained in this Agreement are included
for convenience only and shall not limit or otherwise affect the terms of this
Agreement.
XIV. WAIVER.
The City's failure to act with respect to a breach by the Subrecipient does not
waive its right to act with respect to subsequent or similar breaches. The failure
of the City to exercise or enforce any right or provision shall not constitute a
waiver of such right or provision.
XV. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the City and the
Subrecipient for the use of funds received under this Agreement and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written between the City and the Subrecipient with
respect to this Agreement.
In Witness Whereof, the Parties have duly signed, sealed and delivered this
Agreement as of the date last signed.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 19 -23
Attest:
Q&Az I ZOA
Janet Dougherty
City Clerk
Approved as to forr) end Legality:
William L. Colbert
City /` �OYF ACA �
City Attorney �
Signed, sealed and delivered in the presence of:
Attest:
AlizabDarwick, 1St Vice President
City of nford Florida
By:
Norton arte, Jr.
City Manager
Date: • 9 • ��
Meals on Wheels Etc.,
Inc.
By:
Kip Bea am, President
Date:
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 20 -23
Attachment "A"
Project Description:
Housing Rehabilitation Program for Seniors
1) Develop written material outlining the program (Brochure /Fact sheet)
a) Press Release announcing the start of the Program
b) Information of the program placed on City Website
2) Maximum to be spend per unit $6,000
3) Repairs to be considered under the program
a) Roofs
b) Gutters
c) Windows
d) Doors
e) Insulation
f) Weather stripping
g) Wall, floor and ceiling damaged by leaking roofs
h) Smoke detectors
i) Other repairs based on consultation with CDBG Office (i.e. siding,
painting)
4). Criteria for the Program:
a) Age: 60 and over or disabled
b) Live in Goldsboro or Georgetown (80% of applicants)
c) Low - and - moderate income household
d) Owner occupied
e) Single family unit
f) No liens on the property
g) No code violations on property
h) Property insured
i) Property is not in foreclosure
j) Commit to retaining the property for required period (5 years)
k) Qualify for assistance under the weatherization Assistance Program
5). Services to be perfumed
a) Receive and screen application
b) Interview applicants
c) Income certify applicants (using HUD income and assets income and
exclusion guidelines
d) In collaboration with homeowner conduct site assessment of repair
e) Maintain a pool of license roofing contractors
f) Assign and monitor contractors
g) Insure inspections of completed work
h) Meet with homeowner and contractor to review work completed and obtain
homeowners satisfaction and sign off on work.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 21 -23
i) Meet with Contractor and complete paperwork confirming the completion
of the project and homeowners satisfaction with the work
a. Clarify warranty on the work with the homeowner
j) Submit invoices and back -up documentation on each house to the City of
Sanford for payment.
Note: The City of Sanford will be responsible for the lien and title search. Also the
City will be responsible for completion of the environmental review of record
check list.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 22 -23
Attachment "B"
Meals on Wheels Etc Inc.
Housing Rehabilitation Program for Seniors
CDBG Budget
Line Item
Funding
Details
Level
25 Houses @ $6,000.00
$150,000.00
Direct cost associated with the repair
and or replacement of roofs or other
minor energy efficiency repairs
performed on a senior eligible property;
this does not include the cost of title and
lien searches or environmental review
Administration and
$27,000.00
Coordinator's salary, office supplies,
Program Planning 18%
copies, telephone, fax, toner, copying
paper, duplication, postage, advertising,
training materials etc and oversight of
contractors
Total
$177,000.00
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 23 -23
HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AGREEMENT BETWEEN THE CITY OF SANFORD
AND
MEALS ON WHEELS AND ETC INC.
FOR �(p,
HOUSING REHABILITATION GRANT
. /D_
THIS AGREEMENT made and entered this 4_ day of ,y013 by and
between the City f Sanford, Florida herein called the "City") a orida Municipal
Y ( Y) p
Corporation whose address is City Hall, 300 North Park Avenue, Sanford, Florida
32771 and Meals on Wheels, Etc. Inc. (hereinafter called the "Subrecipient ")
whose address is 2801 S financial Court, Sanford, Florida 32773.
Witnesseth:
Whereas, the City has applied for and received funds from the United States
Government under Title I of the Housing and Community Development Act of
9974, as amended, Public Law 93 -383; and
Whereas, the City recognizes the benefits that are provided by the Subrecipient
to the City through its programs and services to the community and the general
citizenship; and
Whereas, the City recognizes the Subrecipient's status as a non - profit
organization and acknowledges the Subrecipient's commitment to the Sanford
community; and
Whereas, the City recognizes the Subrecipient's goal of promoting the civic
interests and well -being of the citizens in the Sanford area; and
Whereas, the Subrecipient has applied for funding from the City to support its
mission, civic interests and advance the public welfare of the City; and
Whereas, the Subrecipient and the City desire to enter into this Agreement
whereby the City will provide the Subrecipient with grant funding as set forth
herein.
Now, Therefore, in consideration of the promises contained herein and for good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
I. GENERAL TERMS AS TO PERFORMANCE.
(a). The Subrecipient certifies that the activities carried out under this Agreement
will meet United States Department of Housing and Urban Development (HUD)
National Objective of providing services that will benefit low and moderate
income persons and households. The services to be provided are as follows:
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 1 -23
(1). To assist 26 seniors in the Goldsboro and Georgetown neighborhoods
with needed roof repairs and replacement and other minor weatherization and
energy efficiency repairs as needed to their homes.
(2). Conduct intakes, verify residency and ownership, income - certify applicants,
inspect and verify scope of work to be performed at house with homeowner,
assign contractor, and inspect finished work.
(3). The maximum assistance is $6,000.00 per household. In extenuating
circumstances with the approval of City staff the allocation for a specific house
may exceed the $6,000.
(b). Levels of Accomplishment — Goals and Performance Measures.
The Subrecipient agrees the grant funding shall be used for roof repairs and
replacement and other minor energy efficiency improvements to a minimum of 26
single - family units that are owner occupied by low and moderate income
households. The goal of the program is to help low and moderate income
households with the burden of energy cost while improving the health, safety and
comfort of the residents. A description of the scope of services that can be
preformed under the program and the criteria for participation in the program is
contained in Attachment "A ".
(c). Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and
performance standards as stated above. Substandard performance as
determined by the City will constitute noncompliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient
within a reasonable period of time after being notified by the City, contract
suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE.
(a). This is a one -time grant. The City may award future grants for future terms to
the Subrecipient, but there is no guarantee relative to future funding and the City
accepts no obligations to future funding.
(b). Services of the Subrecipient shall start on the 1s' day of, January 2013 and
end on the 30th day of September 2014. The term of this Agreement and the
provisions herein shall be extended to cover any additional time period during
which the Subrecipient remains in control of Community Development Block
Grant (CDBG) funds or other CDBG assets, including, but not limited to, program
income.
III. BUDGET.
See Attachment "A" the detailed for Scope of Services and budget. Any indirect
costs charged to grant must be specified and detailed. In addition, the City may
require a more detailed budget breakdown than the one contained herein, and
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 2 -23
the Subrecipient shall provide such supplementary budget information in a timely
fashion in the form and content prescribed by the City. Both the City and the
Subrecipient must approve any amendments to the budget in writing.
IV. PAYMENT.
It is expressly agreed and understood that the total amount to be paid by the City
under this Agreement shall not exceed $177,000. The funds will be appropriated
from the HUD CDBG 2010 -2011 and 2011 -2012 allocations. Such funds shall be
provided upon execution of this Agreement. Expenses for general administration
shall be paid against the line item budgets specified in Paragraph II and in
accordance with performance. Payments may be contingent upon certification of
the Subrecipient's financial management system in accordance with the
standards specified in 24 Code of Federal Regulations (CFR) 84.21.
V. NOTICES.
(a). Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile
or other electronic means. Any notice delivered or sent as aforesaid shall be
effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written
notice.
(b). Communication and details concerning this Agreement shall be directed to
the following representatives:
As to the CITY:
Norton N. Bonaparte, Jr.
City Manager
City Hall
300 North Park Avenue
Sanford, Florida 32771
As to the SUBRECIPIENT:
Sherry Fincher
Executive Director
Meals on Wheels Etc Inc.
2801 Financial Court
Sanford, Florida 32771
VI. SPECIAL CONDITIONS.
(a). The Subrecipient shall maintain its non - profit status with the appropriate
agencies, federal, state and local for the duration of this Agreement.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 3 -23
(b). The Subrecipient shall provide a written annual report to the City within 45
days of the completion of HUD fiscal year, September 30. The report shall
provide the following information:
(1). Methods used to promote the program.
(2). Copy of literature promoting the program.
(3). A list of all applicants approved and not approved.
(4). A detailed list of households and repairs for which funding was supported by
this grant.
(5). Procurement process for selection of contractors.
(6). Verification of income level of households assisted.
(8). Active waiting list of eligible applicants at close of program year.
VII. GENERAL CONDITIONS.
(a). General Compliance.
The Subrecipient agrees to comply with the requirements of Title 24 CFR Part
570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including, but not limited to,
Subpart K, except that:
(1) the Subrecipient does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604; and
(2) the Subrecipient does not assume the recipient's responsibility for initiating
the review process under the provisions of 24 CFR Part 52.
(b). Compliance With Controlling Law.
The Subrecipient also agrees to comply with all other applicable Federal, State
and local laws, rules, ordinances, regulations and policies governing the funds
provided under this Agreement as well as any action taken or to be taken under
this Agreement in any way whatsoever. The Subrecipient further agrees to utilize
funds available under this Agreement to supplement rather than supplant funds
otherwise available.
(c). "Independent Contractor ".
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer /employee
between the parties. The Subrecipient shall at all times remain an "independent
contractor" with respect to the services to be performed under this Agreement.
The City shall be exempt from payment of all Unemployment Compensation,
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 4 -23
FICA, retirement, life and /or medical insurance and Workers' Compensation
Insurance, as the Subrecipient is an independent contractor.
(d). Hold Harmless.
The Subrecipient shall hold harmless, defend and indemnify the City, its officers,
officials, agents and employees from any and all claims, actions, suits, charges
and judgments whatsoever that arise out of the Subrecipient's performance or
nonperformance of the services called for in this Agreement as well as any
activity or subject matter related to this Agreement in any way.
(e). Workers' Compensation.
The Subrecipient shall provide Workers' Compensation Insurance coverage for
all of its employees involved in the performance of this Agreement.
(f). Insurance & Bonding.
(1). The Subrecipient shall carry sufficient insurance coverage to protect contract
assets from loss due to theft, fraud and /or undue physical damage, and as a
minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the City.
(2). The Subrecipient shall comply with the bonding and insurance requirements
of 24 CFR 84.31 and 84.48, Bonding and Insurance.
(g). City Recognition.
The Subrecipient shall ensure recognition of the role of the City in providing
services through this Agreement to the satisfaction of the City's Public
Information Officer. All activities, facilities and items utilized pursuant to this
Agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient shall include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
(h). Amendments.
(1). The parties may amend this Agreement at any time provided that any such
amendment makes specific reference to this Agreement, and is executed in
writing, signed by a duly authorized representative of each party and approved
by the City's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the City or Subrecipient from its obligations
under this Agreement.
(2). The City may, in its discretion, amend this Agreement to conform with
Federal, state or local governmental guidelines, policies and available funding
amounts, or for other reasons. If such amendments result in a change in the
funding, the scope of services, or schedule of the activities to be undertaken as
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both the City and Subrecipient.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 5 -23
(i). Suspension or Termination.
(1). In accordance with 24 CFR 85.43, the City may suspend or terminate this
Agreement if the Subrecipient materially fails to comply with any terms of this
Agreement, which include (but are not limited to), the following:
(A). Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
(B). Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement;
(C). Ineffective or improper use of funds provided under this Agreement; or
(D). Submission by the Subrecipient to the City reports that are incorrect or
incomplete in any material respect.
(E). In accordance with 24 CFR 85.44, this Agreement may also be terminated
for convenience by either the City or the Subrecipient, in whole or in part, by
setting forth the reasons for such termination, the effective date, and, in the case
of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the City determines that the remaining portion of the award
will not accomplish the purpose for which the award was made, the City may
terminate the award in its entirety.
(2). The City may terminate this Agreement for convenience at any time and
should the City announce a cause for termination that later is determined not to
exist, such termination shall be deemed to have occurred for convenience.
VIII. ADMINISTRATIVE REQUIREMENTS.
(a). Financial Management.
(1). Accounting Standards.
The Subrecipient agrees to comply with 24 CFR 84.21 -28 and agrees to adhere
to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs
incurred.
(2). Cost Principles.
The Subrecipient shall administer its program in conformance with Office of
Management and Budget (OMB) Circulars A -122, "Cost Principles for Non - Profit
Organizations," or A -21, "Cost Principles for Educational Institutions," as
applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 6 -23
(b). Documentation and Record Keeping.
(1). Records to be Maintained.
The Subrecipient shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506 that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
(A). Records providing a full description of each activity undertaken,
(B). Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance,
(C). Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
(D). Financial records as required by 24 CFR 570.502, and 24 CFR 84.21 -28;
and
(E). All other records necessary to document compliance with Subpart K of 24
CFR Part 570.
(2). Retention.
The Subrecipient shall retain all financial records, supporting documents,
statistical records, and all other records pertinent to this Agreement for a
minimum period of 4 years. The retention period begins on the date of the
submission of the City's annual performance and evaluation report to HUD in
which the activities assisted under this Agreement are reported on for the final
time. Notwithstanding the above, if there is litigation, claims, audits, negotiations
or other actions that involve any of the records cited and that have started before
the expiration of the 4 -year period, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of the 4-
year period, whichever occurs later.
(3). Client Data.
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available to the City's monitors
or their designees for review upon request.
(4). Disclosure.
The Subrecipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not
directly connected with the administration of the City's or Subrecipient's
responsibilities with respect to services provided under this Agreement, is
prohibited by the Subrecipient unless written consent is obtained from such
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 7 -23
person receiving service and, in the case of a minor, that of a responsible
parent/guardian; provided, however, that the requirements of controlling Federal
law shall be applicable in all circumstances and, in the event that Federal law
does not preempt State law, the laws of Florida relating to public records shall
apply.
(5). Closeouts.
The Subrecipient's obligation to the City shall not end until all closeout
requirements are completed. Activities during this closeout period shall include,
but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the City), and determining
the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has
control over CDBG funds, including program income.
(6). Audits and Inspections.
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the City, grantor agency, and the Comptroller General
of the United States or any of their authorized representatives, at any time during
normal business hours, as often as deemed necessary, to audit, examine, and
make excerpts or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the Subrecipient within 30 days after receipt by
the Subrecipient. Failure of the Subrecipient to comply with the above audit
requirements shall constitute a violation of this Agreement and may result in the
withholding of future payments.
(A). In the event that the Subrecipient expends $500,000.00 or more in Federal
awards in its fiscal year, the Subrecipient must have a single or program specific
audit conducted in accordance with the provisions on OMB Circular A -133, as
revised. In determining the Federal awards expended in its fiscal year, the
Subrecipient shall consider all sources of federal awards, including Federal
resources received from the City of Sanford. The determination of amounts of
Federal awards expended should be in accordance with the guidelines
established by OMB Circular A -133 as revised. An audit of the Subrecipient
conducted by the Auditor General in accordance with the provision of OMB
Circular A -133 as revised, shall meet the requirements of this part.
(B). In connection with the audit requirements addressed in Section B Subsection
6., paragraph i, the recipient shall fulfill the requirements relative to auditee
responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
(C). If the Subrecipient expends less than $500,000.00 in Federal awards in its
fiscal year, an audit conducted in accordance with the provisions of OMB A -133,
as revised is not required. In the event that the Subrecipient expends less than
$500,000.00 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB A -133, as revised, the cost
of the audit must be paid from non - Federal resources (i.e. the cost of such an
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 8 -23
audit must be paid from Subrecipient resources obtained from other than Federal
entities).
(D). The Subrecipient acknowledges that the City is funding this Agreement with
Federal grant funding with Catalog of Federal Domestic Assistance #14.218.
(E). The Subrecipient hereby agrees to have an annual agency audit conducted
in accordance with current City policy concerning Subrecipient audits and OMB
Circular A -133.
(c). Reporting and Payment Procedures.
(1). Program Income.
The Subrecipient shall report monthly all program income (as defined at 24 CFR
570.500(a)) generated by activities carried out with CDBG funds made available
under this Agreement. The use of program income by the Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this Agreement and shall reduce requests for additional
funds by the amount of any such program income balance on hand. All
unexpended program income shall be returned to the City at the end of the
contract period. Any interest earned on cash advances from the U.S. Treasury
and from funds held in a revolving fund account is not program income and shall
be remitted promptly to the City.
(2). Indirect Costs.
If indirect costs are charged, the Subrecipient shall develop an indirect cost
allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the City for approval, in a form
specified by the City.
(3). Payment Procedures.
The City will pay to the Subrecipient funds available under this Agreement based
upon information submitted by the Subrecipient and consistent with any
approved budget and City policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the Subrecipient, and not to exceed actual cash requirements. The City in
accordance with advance fund and program income balances available in
Subrecipient accounts will adjust payments. In addition, the City reserves the
right to liquidate funds available under this Agreement for costs incurred by the
City on behalf of the Subrecipient.
(4). Progress Reports.
The Subrecipient shall submit regular Progress Reports to the City in the form,
content, and frequency as required by the City.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 9 -23
(d). Procurement.
(1). Compliance.
The Subrecipient shall comply with current City policy concerning the purchase of
equipment and shall maintain inventory records of all non - expendable personal
property as defined by such policy as may be procured with funds provided
herein. All program assets (unexpended program income, property, equipment,
etc.) shall revert to the City upon termination of this Agreement.
(2). OMB Standards.
Unless specified otherwise within this Agreement, the Subrecipient shall procure
all materials, property, or services in accordance with the requirements of 24
CFR 84.40 -48.
(3). Travel.
The Subrecipient shall obtain written approval from the City for any travel outside
the metropolitan area with funds provided under this Agreement.
(e). Use and Reversion of Assets.
The use and disposition of real property and equipment under this Agreement
shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR
570.502, 570.503, and 570.504, as applicable, which include but are not limited
to the following:
(1). The Subrecipient shall transfer to the City any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination.
(2). Real property under the Subrecipient's control that was acquired or
improved, in whole or in part, with funds under this Agreement in excess of
$25,000.00 shall be used to meet one of the CDBG National Objectives pursuant
to 24 CFR 570.208 until 5 years after expiration of this Agreement [or such
longer period of time as the City deems appropriate]. If the Subrecipient fails to
use CDBG- assisted real property in a manner that meets a CDBG National
Objective for the prescribed period of time, the Subrecipient shall pay the City an
amount equal to the current fair market value of the property less any portion of
the value attributable to expenditures of non -CDBG funds for acquisition of, or
improvement to, the property. Such payment shall constitute program income to
the City. The Subrecipient may retain real property acquired or improved under
this Agreement after the expiration of the five -year period.
(3). In all cases in which equipment acquired, in whole or in part, with funds
under this Agreement is sold, the proceeds shall be program income (prorated to
reflect the extent to that funds received under this Agreement were used to
acquire the equipment). Equipment not needed by the Subrecipient for activities
under this Agreement shall be:
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 10 -23
(A). transferred to the City for the CDBG program; or
(B). retained after compensating the City an amount equal to the current fair
market value of the equipment less the percentage of non -CDBG funds used to
acquire the equipment.
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE - FOR -ONE
HOUSING REPLACEMENT.
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the
requirements of 24 CFR 570.606(c) governing the Residential Anti - displacement
and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the
requirements in 24 CFR 570.606(d) governing optional relocation policies. The
Subrecipient shall provide relocation assistance to displaced persons as defined
by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition,
rehabilitation, demolition or conversion for a CDBG- assisted project. The
Subrecipient also agrees to comply with applicable City ordinances, resolutions
and policies concerning the displacement of persons from their residences.
X. PERSONNEL & PARTICIPANT CONDITIONS.
(a). Civil Rights.
(1). Compliance.
The Subrecipient agrees to comply with local and state civil rights ordinances
and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil
Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the
Housing and Community Development Act of 1974, as amended, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063, and Executive Order
11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
(2). Nondiscrimination.
The Subrecipient agrees to comply with the non - discrimination in employment
and contracting opportunities laws, regulations, and executive orders referenced
in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-
discrimination provisions in Section 109 of the Housing and Community
Development Act of 1974, as amended. are still applicable.
(3). Land Covenants.
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of
1964 (P. L. 88 -352) and 24 CFR 570.601 and 570.602. In regard to the sale,
lease, or other transfer of land acquired, cleared or improved with assistance
provided under this Agreement, the Subrecipient shall cause or require a
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 11 -23
covenant' running with the land to be inserted in the deed or lease for such
transfer, prohibiting discrimination as herein defined, in the sale, lease or rental,
or in the use or occupancy of such land, or in any improvements erected or to be
erected thereon, providing that the City and the United States are beneficiaries of
and entitled to enforce such covenants. The Subrecipient, in undertaking its
obligation to carry out the program assisted hereunder, agrees to take such
measures as are necessary to enforce such covenant, and shall not itself so
discriminate.
(4). Section 504.
The Subrecipient agrees to comply with all Federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
which prohibits discrimination against the individuals with disabilities or
handicaps in any Federally assisted program. The City shall provide the
Subrecipient with any guidelines necessary for compliance with that portion of
the regulations in force during the term of this Agreement.
(b). Affirmative Action.
(1). Approved Plan.
The Subrecipient agrees that it shall be committed to carry out pursuant to the
City's specifications an Affirmative Action Program in keeping with the principles
as provided in President's Executive Order 11246 of September 24, 1966. The
City shall provide Affirmative Action guidelines to the Subrecipient to assist in the
formulation of such program. The Subrecipient shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds.
(2). Women- and Minority -Owned Businesses (W /MBE)
The Subrecipient shall use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum
practicable opportunity to participate in the performance of this Agreement. As
used in this Agreement, the terms "small business" means a business that meets
the criteria set forth in section 3(a) of the Small Business Act, as amended (15
U.S.C. 632), and "minority and women's business enterprise" means a business
at least 51% owned and controlled by minority group members or women. For
the purpose of this definition, "minority group members" are Afro - Americans,
Spanish- speaking, Spanish surnamed or Spanish- heritage Americans, Asian -
Americans, and American Indians. The Subrecipient may rely on written
representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
(3). Access to Records.
The Subrecipient shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder and shall
permit access to its books, records and accounts by the City, HUD or its agent,
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 12 -23
or other authorized Federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and provisions stated herein.
(4). Notifications.
The Subrecipient shall send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or worker's representative of the Subrecipient's
commitments hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5). Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement
The Subrecipient shall, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
(6). Subcontract Provisions.
The Subrecipient shall include the provisions of Paragraphs X.A, Civil Rights,
and B, Affirmative Action, in every subcontract or purchase order, specifically or
by reference, so that such provisions shall be binding upon each of its own
subrecipients or subcontractors.
(c). Employment Restrictions.
(1). Prohibited Activity.
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; inherently
religious activities; lobbying; political patronage; and nepotism activities.
(2). Labor Standards.
(A). The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis -Bacon Act, as amended, the provisions of
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all
other applicable Federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement. The
Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at
29 CFR Part 5. The Subrecipient shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such
documentation shall be made available to the City for review upon request.
(B). The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than 8 units, all contractors
engaged under contracts in excess of $2,000.00 for construction, renovation or
repair work financed in whole or in part with assistance provided under this
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 13 -23
Agreement, shall comply with Federal requirements adopted by the City
pertaining to such contracts and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7
governing the payment of wages and ratio of apprentices and trainees to journey
workers; provided that, if wage rates higher than those required under the
regulations are imposed by state or local law, nothing hereunder is intended to
relieve the Subrecipient of its obligation, if any, to require payment of the higher
wage. The Subrecipient shall cause or require to be inserted in full, in all such
contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
(3). "Section 3" Clause.
(A). Compliance.
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and
all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided
under this Agreement and binding upon the City, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the City, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns,
to those sanctions specified by this Agreement through which Federal assistance
is provided. The Subrecipient certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
(B). The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts executed
under this Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD 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). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low -
and very low - income residents of the project area, and that
contracts for work in connection with the project be awarded to
business concerns that provide economic opportunities for low- and
very low - income persons residing in the metropolitan area in which
the project is located."
(C). The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing construction, or
other public construction project are given to low- and very low- income persons
residing within the metropolitan area in which the CDBG- funded project is
located; where feasible, priority should be given to low- and very low- income
persons within the service area of the project or the neighborhood in which the
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 14 -23
project is located, and to low- and very low- income participants in other HUD
programs; and award contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead -based paint hazards),
housing construction, or other public construction project to business concerns
that provide economic opportunities for low- and very low- income persons
residing within the metropolitan area in which the CDBG- funded project is
located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low- income residents within the
service area or the neighborhood in which the project is located, and to low- and
very low- income participants in other HUD programs.
(D).The Subrecipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
(b). Notifications.
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker's
representative of its 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.
(c). Subcontracts.
The Subrecipient shall include this subcontractor clause in every subcontract and
shall take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. The
Subrecipient shall not subcontract with any entity where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR
Part 135 and shall not let any subcontract unless the entity has first provided it
with a preliminary statement of ability to comply with the requirements of these
regulations.
(d). Conduct.
(1). Assignability.
The Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the City thereto; provided, however, that
claims for money due or to become due to the Subrecipient from the City under
this Agreement may be assigned to a bank, trust company, or other financial
institution without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the City.
(2). Subcontracts.
(A). Approvals.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 15 -23
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written consent of the
City prior to the execution of such agreement.
(B). Monitoring.
The Subrecipient shall monitor all subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow -up actions
taken to correct areas of noncompliance.
(C). Content.
The Subrecipient shall cause all of the provisions of this Agreement in its entirety
to be included in and made a part of any subcontract executed in the
performance of this Agreement.
(D). Selection Process.
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition
basis in accordance with applicable procurement requirements. Executed copies
of all subcontracts shall be forwarded to the City along with documentation
concerning the selection process.
(3). Hatch Act.
The Subrecipient agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15, Title V, U.S.C.
(4). Conflict of Interest.
(A). The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and
570.611, which include (but are not limited to) the following:
(i). The Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged in the
award and administration of contracts supported by Federal funds.
(ii). No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal
funds if a conflict of interest, real or apparent, would be involved.
(iii). No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG- assisted activities, or who are in a position
to participate in a decision - making process or gain inside information with regard
to such activities, may obtain a financial interest in any contract, or have a
financial interest in any contract, subcontract, or agreement with respect to the
CDBG- assisted activity, or with respect to the proceeds from the CDBG- assisted
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 16 -23
activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1) year
thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed
official of the City, the Subrecipient, or any designated public agency.
(5). Lobbying.
(A). The Subrecipient hereby certifies that:
(i). No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence 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 into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement;
(ii). 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 agency, 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 shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; and
(iii). It shall require that the language of the lobbying certification below 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:
(iv).
Lobbying Certification
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,
U.S. C., Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000.00 and not
more than $100, 000.00 for each such failure.
(6). Copyright.
If this Agreement results in any copyrightable material or inventions, the City
and /or grantor agency reserves the right to royalty -free, non - exclusive and
irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 17 -23
(7). Religious Activities.
The Subrecipient agrees that funds provided under this Agreement shall not be
utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as
worship, religious instruction, or proselytization.
XI. ENVIRONMENTAL CONDITIONS.
(a). Air and Water.
(1). The Subrecipient agrees to comply with the following requirements insofar as
they apply to the performance of this Agreement:
(A). Clean Air Act, 42 U.S.C., 7401, et seq.;
(B). Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq.,
as amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in Section 114 and Section
308, and all regulations and guidelines issued thereunder;
(C). Environmental Protection Agency regulations pursuant to 40 CFR Part 50,
as amended.
(b). Flood Disaster Protection.
In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an
area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
(c). Lead -Based Paint.
The Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35,
Subpart B. Such regulations pertain to all CDBG- assisted housing and require
that all owners, prospective owners, and tenants of properties constructed prior
to 1978 be properly notified that such properties may include 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 and the advisability and availability of blood lead level
screening for children under seven. The notice should also point out that if lead -
based paint is found on the property, abatement measures may be undertaken.
The regulations further require that, depending on the amount of Federal funds
applied to a property, paint testing, risk assessment, treatment and /or abatement
may be conducted.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 18 -23
(d). Historic Preservation.
(1). The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,
Advisory Council on Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this Agreement.
(2). In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty years
old or older or that are included on a Federal, State, or local historic property list.
The Subrecipient shall work closely with the City's assigned personnel involving
any and all historic preservation matters and issues.
XII. SEVERABILITY.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS.
The section headings and subheadings contained in this Agreement are included
for convenience only and shall not limit or otherwise affect the terms of this
Agreement.
XIV. WAIVER.
The City's failure to act with respect to a breach by the Subrecipient does not
waive its right to act with respect to subsequent or similar breaches. The failure
of the City to exercise or enforce any right or provision shall not constitute a
waiver of such right or provision.
XV. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the City and the
Subrecipient for the use of funds received under this Agreement and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written between the City and the Subrecipient with
respect to this Agreement.
In Witness Whereof, the Parties have duly signed, sealed and delivered this
Agreement as of the date last signed.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 19 -23
Attest: �City of S rd, Floridi
By:
anet Dougherty Norto N. Bonap e, Jr.
City Clerk City Ma a
Date: g• 7� • �-�
Approved as wX6xl-- lity:
i iam L. Co
City Attorney ZA
Signed, sealed and"de vered in the presence of:
Attest: Meals on Wheels Etc.,
Inc.
By:
Elizabeth 1 s Vice President Kip ea , Presl ent
I
Date:
Mar ' Ro6ian, 2 'ce President
n,
Rick Blystone,
rer
ry
Meals on Wheels ETC Rooting Replacement and Repair Program for Seniors 20 -23
Attachment "A"
Project Description:
Housing Rehabilitation Program for Seniors
1) Develop written material outlining the program (Brochure /Fact sheet)
a) Press Release announcing the start of the Program
b) Information of the program placed on City Website
2) Maximum to be spend per unit $6,000
3) Repairs to be considered under the program
a) Roofs
b) Gutters
c) Windows
d) Doors
e) Insulation
f) Weather stripping
g) Wall, floor and ceiling damaged by leaking roofs
h) Smoke detectors
i) Other repairs based on consultation with CDBG Office (i.e. siding,
painting)
4). Criteria for the Program:
a) Age: 60 and over or disabled
b) Live in Goldsboro or Georgetown (80% of applicants)
c) Low - and - moderate income household
d) Owner occupied
e) Single family unit
f) No liens on the property
g) No code violations on property
h) Property insured
i) Property is not in foreclosure
j) Commit to retaining the property for required period (5 years)
k) Qualify for assistance under the weatherization Assistance Program
5). Services to be perfumed
a) Receive and screen application
b) Interview applicants
c) Income certify applicants (using HUD income and assets income and
exclusion guidelines
d) In collaboration with homeowner conduct site assessment of repair
e) Maintain a pool of license roofing contractors
f) Assign and monitor contractors
g) Insure inspections of completed work
h) Meet with homeowner and contractor to review work completed and obtain
homeowners satisfaction and sign off on work.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 21 -23
i) Meet with Contractor and complete paperwork confirming the completion
of the project and homeowners satisfaction with the work
a. Clarify warranty on the work with the homeowner
j) Submit invoices and back -up documentation on each house to the City of
Sanford for payment.
Note: The City of Sanford will be responsible for the lien and title search. Also the
City will be responsible for completion of the environmental review of record
check list.
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 22 -23
Attachment "B"
Meals on Wheels Etc Inc.
Housing Rehabilitation Program for Seniors
CDBG Budget
Line Item
Funding
Details
Level
25 Houses @ $6,000.00
$150,000.00
Direct cost associated with the repair
and or replacement of roofs or other
minor energy efficiency repairs
performed on a senior eligible property;
this does not include the cost of title and
lien searches or environmental review
Administration and
$27,000.00
Coordinator's salary, office supplies,
Program Planning 18%
copies, telephone, fax, toner, copying
paper, duplication, postage, advertising,
training materials etc and oversight of
contractors
Total
$177,000.00
Meals on Wheels ETC Roofing Replacement and Repair Program for Seniors 23 -23