1572 CDBG Harvest Time Int Rehab 1705 W 15th St •
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(INSERT YOUR DEPT. NAME HERE) 'r
TRANSMITTAL MEMORANDUM �7
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):
1 1 Development Order 1 Mayor's signature
1 1 Final Plat (original mylars) ❑ Recording
n Letter of Credit 1 1 Rendering
1 1 Maintenance Bond X Safe keeping (Vault)
n Ordinance ® CDBG Harvest Time International
Performance Bond Rehab 1705 W. 15 St.
Resolution
Once completed, please:
1 1 Return original
❑ Return copy
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
Sheena Britton /Andrew Thomas -- jiSt 5/2/2013
From Date
T: \Dept forms \City Clerk Transmittal Memo - 2009.doc
CNI
HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
C a
AGREEMENT BETWEEN CITY OF SANFORD �a
AND
HARVEST TIME INTERNATIONAL, INC.
FOR j)
HOUSING REHABILITATION GRANT
THIS AGREEMENT made and entered this day of , 2013 by and between the City of Sanford,
Florida (herein called the "City ") a Florida Municipal Corporation whose address is City Hall,
300 North Park Avenue, Sanford, Florida 32771 and Harvest Time International, Inc .
(hereinafter called the "Subrecipient ") whose address is 225 N. Kennel Road, Sanford Florida
32771.
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 (HCD Act), 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:
(a). The Subrecipient certifies that the activity carried out under this Agreement will meet
HUD National Objective of providing services that will benefit low and moderate income
persons and households. The services to be provided are as follows:
• Utilize the renovated property to address the needs of transitioning homeless
families for a period of ten (10) years from the completion date;
• Assist extremely low income, Low income and moderate income families with
decent, safe and affordable housing; and
• In collaboration with Sanford Rescue Outreach Mission take case managed
families living at the Sanford Rescue Outreach Mission and place them into
permanent /supportive housing.
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(b). Levels of Accomplishment — Goals and Performance Measures
The Subrecipient agrees the grant funding will be use for rehabilitating the property
located at 1705 West 15h Street, Sanford, Florida 32771; legal description LEG LOT
1 +2, ASSESSORS MAP OF LOTS 44 + $% BLK A MM SMITH 2 SUBD DB 107 PG
487, as stipulate in the attached work specifications. (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 Grantee 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.
I. TIME OF PERFORMANCE
This is a one -time grant. Future grants for future terms may be awarded to the
Subrecipient by the City, but there is no guarantee relative to future funding and the City
accepts no obligations to future funding.
Services of the Subrecipient shall start on the 1s day of, February 2013 and end on the
30 day of September 2013. 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 CDBG funds or other CDBG assets, including program income.
II. BUDGET
See attachment 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 the Subrecipient shall provide such
supplementary budget information in a timely fashion in the form and content prescribed
by the City. Any amendments to the budget must be approved in writing by both the City
and the Subrecipient.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the City under
this Agreement shall not exceed $21,050.00. The funds will be appropriated from the
Department of Housing and Urban Development Community Development Block Grant
2011 -2012 allocation. Such funds shall be provided within thirty (30) days after
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 CFR 84.21.
IV. NOTICES
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.
Communication and details concerning this contract shall be directed to the following
contract representatives:
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As to CITY:
Norton N. Bonaparte Jr.
City Manager
City Hall
300 North Park Avenue
Sanford, Florida 32771
As to SUBRECIPIENT:
John Murphy
President
225 N. Kennel Road
Sanford, Florida 32771
V. SPECIAL CONDITIONS
The Subrecipient shall maintain its non - profit status with the appropriate agencies,
federal, state and local for the duration of this agreement.
The Subrecipient shall provide a written annual report to the City within forty -five (45)
days of the completion of HUD fiscal year, September 30` The report shall provide the
following information:
a. A specific list of services provided to the community of Sanford for the prior
year
b. A specific list of activities and repairs for which funding was supported by this
grant.
c. Verification of income level of families assisted
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG)) including subpart K of
these regulations, 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. The Subrecipient also agrees to comply with all other
applicable Federal, state and local laws, regulations, and policies governing the funds
provided under this contract. The Subrecipient further agrees to utilize funds available
under this Agreement to supplement rather than supplant funds otherwise available.
B. "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, FICA, retirement, life and/or medical insurance and
Workers' Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the City, its officials, agents
and employees from any and all claims, actions, suits, charges and judgments whatsoever
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that arise out of the Subrecipient's performance or nonperformance of the services or
subject matter called for in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
E. Insurance & Bonding
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 Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR
84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the City in providing services
through this Agreement. All activities, facilities and items utilized pursuant to this
Agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein in all publications
made possible with funds made available under this Agreement.
G. Amendments
The City or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, 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.
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 Grantee and
Subrecipient.
H. Suspension or Termination
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:
1. 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;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect.
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,
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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.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accountin g 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 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.
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:
i. Records providing a full description of each activity undertaken;
ii. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
iii. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
iv. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21 -28;
and
v. 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 the Agreement for a period of
four (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 the 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
four -year period, then such records must be retained until completion of the
actions and resolution of all issues, or the expiration of the four -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 Grantee monitors
or their designees for review upon request.
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4. Disclosure
The Subrecipient understands that client information collected under this contract
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 contract, is prohibited by the
Subrecipient unless written consent is obtained from such 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. Close -outs
The Subrecipient's obligation to the City shall not end until all close -out
requirements are completed. Activities during this close -out 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 & 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 will constitute a violation of this contract and may result in the
withholding of future payments.
i. In the event that the Subrecipient expends $500,000 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, will meet the requirements of this part.
ii. 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.
iii. If the Subrecipient expends less than $500,000 in Federal
awards in its fiscal year, an audit conducted in accordance with the
provisions of OMB
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A -133, as revised is not required. In the event that the Subrecipient
expends less than $500,000 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 audit must be paid from Subrecipient
resources obtained from other than Federal entities).
iv. The Subrecipient acknowledges that the City is funding the Agreement
with Federal grant funding with Catalog of Federal Domestic Assistance #
14.218.
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 contract. 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 contract 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 Grantee.
2. Indirect Costs
If indirect costs are charged, the Subrecipient will 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. Payments will
be adjusted by the City in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the City reserves the
right to liquidate funds available under this contract for costs incurred by the
Grantee on behalf of the Subrecipient.
4. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the
form, content, and frequency as required by the Grantee.
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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 shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570.208 until five (5) years after expiration of this
Agreement [or such longer period of time as the Grantee 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 Grantee 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 (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].
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VIII. 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.
IX. 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 1
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 HCDA are still applicable.
3. Land Covenants
This contract 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 contract, the Subrecipient shall cause or require a 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 will 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
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with any guidelines necessary for compliance with that
Subrecipient wrt a y g ry portion of p p
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 will 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 contract. As used in this
contract, 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 fifty -one
(51) percent 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 will
permit access to its books, records and accounts by the City, HUD or its agent, or
other authorized Federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and provisions stated herein.
4. Notifications
The Subrecipient will 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 will, 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 will include the provisions of Paragraphs X.A, Civil Rights,
and B, Affirmative Action, in every subcontract or purchase order, specifically or
10 -17
by reference, so that such provisions will 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
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.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (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 contract, 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 contract, shall be a condition of the Federal financial
assistance provided under this contract 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 the 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.
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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."
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 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.
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 will include this Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by the
12 -17
grantor agency. The Subrecipient will 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 will 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 contract 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
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this contract without the written consent
of the City prior to the execution of such agreement.
b. Monitoring
The Subrecipient will 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 contract 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 insure 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 Grantee 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 of Title V of the U.S.C.
4. Conflict of Interest
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:
a. 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.
13 -17
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 and not
more than $100,000 for each such failure.
6. Copyright
If this contract 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.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be
utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such
as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply
to the performance of this Agreement:
- Clean Air Act, 42 U.S.C. , 7401, et seq.;
- 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 said Section 114 and
Section 308, and all regulations and guidelines issued thereunder;
- Environmental Protection Agency (EPA) 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.
15 -17
D. Historic Preservation
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.
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.
XI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
XII. 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.
XIII. 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.
XIV. 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 Grantee 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.
16 -17
City of Sanford, Florida '
f �s2e` -t,�` lk/1✓ % By: tad J t Dougherty Jeff Tri a 0
City Clerk Mayor
Approv ;j to •1 • Legali ii /
ARM JI . I Date: �l (A " -- ,.;c13 -- c13
17::'" : 7 Bert squire ! J
1
�, � , Attorney � / E �
Signed, sealed and delivered in the presence of:
Attest: Harvest Time International, Inc.
ac, 'iN - ' - _ ,/ _ -
By ent
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Mary H. ' u ; :,� ? Arthur J. Mu y, r.
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H.
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Andre Smoli a Secretary easure
1 -17
TO: William L. Colbert, City Attorney
Jeff Triplett, Mayor
Janet Dougherty, City Clerk
FROM: Andrew Thomas, Senior Project Manager
DATE: February 20, 2013
RE: Community Development Block Grant Funding for Harvest Time International to Rehabilitate
1705 W. 15 Street Sanford, Florida 32771.
On July 9, 2012 the City Commission approved (Commission Memo 12.107.E) the expenditure
of $21,050.00 from the Department of Housing and Urban Development CDBG one Year 2011-
2012 Annual allocation of $404,880 to fund restoration of 1705 W. 15th Street to provide
affordable safe and decent housing for low and moderate income person's or households.
Attached you will find the HUD Community Development Block Grant Program Agreement
between City of Sanford and Harvest Time International, Inc. for Housing Rehabilitation.
Please sign and return.
Thank you
iAl
1 di a* j " f °(?' C d
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p019, WS RM X
Item No.
—1877-4
CITY COMMISSION MEMORANDUM 1 2 -1 07.E
JULY 9, 2012 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Andrew Thomas Senior Project Manager
SUBMITTED BY: Norton N. Bonaparte Jr, City Manager
SUBJECT: Community Development Block Grant Funding for Harvest Time
International to rehabilitate 1705 West 15 Street Sanford, Florida
SYNOPSIS:
Approval of the expenditure of $21,050.00 from the Department of Housing and Urban
Development CDBG One -Year 2011 -2012 Annual allocation of $404,880 to fund restoration of
1705 West 15 Street to provide affordable safe and decent housing for low and moderate income
person's or households; is being requested.
FISCAL/STAFFING STATEMENT:
The U.S. Department of Housing and Urban Development (HUD) for Program Year 2011
(October 1, 2011 through September 30, 2012), has allocated $404,880 in CDBG funding for the
City of Sanford. Under the CDBG program the grantee has allocated $65,906.00 for Affordable
Housing Home Improvements.
This project has no fiscal impact on the City of Sanford financial status.
BACKGROUND:
Proposed CDBG activities for 2011 -2012 are consistent with the City of Sanford Five -Year 2010-
2014 Consolidated Plan and the primary objective of the Housing and Community Development Act
of 1974 as amended, the development of viable urban communities. The 2011 -2012 One -Year Action
Plan was approved by the City Commission on August 8, 2011 and was submitted to HUD. HUD
approved the 2011 -2012 City of Sanford Action Plan on October 11, 2011.
HUD primary objectives are accomplished by providing programs and activities that focus on decent
housing, sustainable living environments and expanded economic development opportunities for
persons of low and moderate income.
In addition to meeting the requirement of providing programs that support developing viable urban
communities, CDBG program activities must meet one of the three (3) HUD National Objectives
which are:
• Benefit low and moderate income (LMI) persons
• Aid in the prevention or elimination of slums or blight; and
• Meet a need having a particular urgency.
Under the CDBG regulations grantees may use funds to undertake a variety of rental housing
activities. As stated in the CDBG guidelines many communities struggle with providing decent
safe and sanitary affordable rental housing to their residents. CDBG funds can be used to acquire,
rehabilitate or construct rental housing. Since the project must benefit low and moderate income
residents, there are tenant income requirements and rent restrictions for the project.
• Rental Housing eligible Activities includes publicly or privately owned properties , and
eligible expenditure include:
o Labor, materials, and other rehabilitation cost;
o Energy efficiency improvements;
o Utility connections; and
o Landscaping, sidewalks and driveways when accompanied with other rehabilitation
needed on the property.
The above referenced parcel is located on the south side of 15 Street between South West Road
and Mulberry Avenue with an existing address of 1705 West 15 Street. . The property's parcel
identification Number is 35 -19 -30 -508- 0000 -0010. The legal description of the property is LEG
LOTS 1 +2, ASSESSORS MAP OF LOTS 44 + 45 BLK A MM SMITH 2 °a SUBD DB 107 PG
487
Harvest Time International acquired the property in 2011 from Seminole County. The property
was constructed in 2004 under the Seminole County HOME program. The property went into
foreclosure and was reacquired by Seminole County 2010. Seminole County donated the property
to Harvest Time International in May of 2010 with the deed restriction that the property is to be
used as (Affordable Housing) for very -low, low and moderate income persons for a period of 15
years. Harvest Time International in Collaboration with Rescue Outreach Mission will use the
property to address the needs of transitioning homeless families. This project will assist the
Sanford Rescue Mission in a "Phase II" program of taking case - managed families living at the
Mission and place them into permanent /supportive housing. The need for low income rental
housing for families transitioning from homeless back to mainstream is noted in the Seminole
County Community Conversation on Homelessness Study.
The grant amount of $21,050.00 will cover the cost of exterior repairs and painting, installation of
HVAC, kitchen appliances, plumbing, cabinets and vanities, flooring, windows, interior painting,
electrical, trim and hardware, and landscaping. Harvest Time International will be responsible for
all permit and impact fees associated with the rehabilitation of the property.
LEGAL REVIEW:
The City Attorney's office will assist in preparing a grant agreement upon approval by the City
Commission.
RECOMMENDATION:
It is staff's recommendation that the City Commission approve the expenditure of $21,050.00 for
housing rehabilitation for the property at 1705 West 15 Street with the funds being appropriated
from the Department of Housing and Urban Development Community Development Block Grant
(CDBG) 2011 -2012 allocation.
SUGGESTED MOTION:
"I move to approve a grant of $21,050.00 from the Department of Housing and Urban
Development Community Development Block Grant 2011 -2012 annual allocation to fund Harvest
Time International housing rehabilitation to property located at 1705 West 15 Street, Sanford,
Florida."
III
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