1580 Goldsboro Front Porch Council, Inc • Rip
—1877 - NI
TRANSMITTAL MEMORANDUM
MFMnRAKim IM 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):
1 Development Order Mayor's signature
n Final Plat (original mylars) 1 Recording
n Letter of Credit Rendering
1 I Maintenance Bond Fi Safe keeping (Vault)
n Ordinance
n Performance Bond
1 1 Resolution
1 1 Right of Entry Agreement
Once completed, please:
Return original
n Return copy
Special Instructions:
Please retain agreement for the HUD CDBG File ( YELDA)
Please advise if you have any questions regarding the above.
Thank you!
Andrew Thomas Senior Pro'ect Mana • er '7/ If c,Qv /Q
From Date
\ \SVCH- Omnicast \USERS\mcrayn \Templates \City Clerk Transmittal Memo.doc
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HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AGREEMENT BETWEEN CITY OF SANFORD
AND
GOLDSBORO FRONT PORCH COUNCIL INC.
FOR
CDBG PUBLIC SERVICES GRANT
THIS AGREEMENT made and entered this/7 day of 013, 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 Goldsboro Front Porch Council Inc. (herein
called the "Subrecipient ") whose address is 1213 Historic Goldsboro Boulevard 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 benefit 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 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 benefit low and moderate income
Limited Clientele. The services to be provide are as follows
• Provide leadership skills, character education, culture enrichment and overall life
skills for thirty -three high - school and first year college students;
• Provide job readiness, career development and a paid work experience for thirty -
three high- school and first year college students ;
• Develop partnerships with local government and businesses in the community to
provide work sites for the thirty-three students; and
• Recruit mentors to mentor the students
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(b). Levels of Accomplishment — Goals and Performance Measures
The Subrecipient agrees the grant funding will be used for the Youth Empowerment and
Leadership Development Academy (YELDA) program. The Program will provide thirty-
three (33) low and moderate income high school and first year college students in the
CDBG target area of Goi with leadership skills, character education, job readiness,
work experience, cultutal enrichment, money management, career development and
overall life skills to assist them in becoming caring, productive and contributing members
of society.
Performance Measures:
• Raise education erformance of the students
• Prepare students for entering the work force and or college
• Increase students study habits
• Increase parental involvement in the student's education life
• Increase student' graduation rate
(c). Performance Monito ing
The City will monitor the performance of the Subrecipient against goals and performance
standards as stated abo '' e. Substandard performance as determined by the City will
constituted 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 gr Int. 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 1 day of June, 2013 and end on the 30
day of September, 2013. The Term of this Agreement and provisions herein shall be
extended to cover any additional time period during which the Subrecipient remains in
control of CDBG funds or other assets, including program income.
II. BUDGET
See Appendix "A" Scope of Services and budget. Any 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. he budget may be modified without an amendment to the
Agreement.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the City under
this Agreement shall not exceed Thirty-Eight Thousand Five Hundred dollars
($38,500.00). The funds will be appropriated from the Department of Housing and Urban
Development Communi
tr
Development Block Grant 2012 -2013 allocation. Such funds
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shall be provided in !accordance with the agreed upon payment schedule and
documentation. Expense' for general administration shall be paid against the line item
budgets specified in Par graph II and in accordance with performance. Payments may be
contingent upon certifi ation of the Subrecipient's' financial management system in
accordance with the stan ' ards specified in 24 CFR 84.21.
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial coin rier, 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 nice.
Communication and det 'ls concerning this contract shall be directed to the following
contract representatives:
As to CITY:
Norton N. Bonaparte Jr.
City Man ger
City Hall
300 North Park Avenue
Sanford, lorida 32771
As to SUBRECIPIENT:
Vernon cQueen
Chairpers n of the Board of Directors
1213 Hist ric Goldsboro Blvd
Sanford, lorida 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 pfovide a written annual report to the City within thirty (30) days
of the completion of HUD fiscal year, September 30 The report shall include but not
limited to the following information:
a. Summary of the program performances and highlights to include;
a. How the program was advertised and where
b. Proce to advertise and hire program coordinator
c. How many students applied for the program
d. How students were screened, selected and the criteria used
e. Challenges the program encounter and how they were addressed
b. A list of yout participating in the program by name, address, grade level, age,
gender, race , d ethnicity;
a. Sample of work agreement/contract with the students
c. A list of work sites with addresses and nature of work experience;
a. Sampl Agreement with business
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b. Samplie job description for students
d. A course curriculum and schedule of specific class /workshop topic and
instructor;
a. Locati of classes /workshops
b. Attendance at each session
e. A financial report
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Pa-t 570 (the U.S. Housing and Urban Development regulation
concerning Community Development Block Grants (CDBG) OMB administrative
policies and procedures. The Subrecipient agrees to carry out each activity in compliance
with all Federal Laws and regulations in subpart K of these regulations as applicable. The
Subrecipient further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
B. " Independent Contracor"
Nothing contained in thi Agreement is intended to, or shall be construed in any manner,
as crating 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 Unemployed Compensation, FICA, retirement, life and/or medical insurance and
Workers' Compensation nsurance, as the Subrecipient is an independent contractor.
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C. Hold Harmless I
The Subrecipient shall h ld harmless, defend land indemnify the City, it's officials, agents
and employees from any and all claims, actions, suits, charges and judgments whatsoever
that arise out of the SArecipient's performance or nonperformance of the services or
subject matter called for in this Agreement. !
D. Worker's Compensation
The Subrecipient shall provide Worker's Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
E. Insurance & Bonding
The Subrecipient shall c y sufficient insurance coverage to protect contract assets from
loss due to theft, fraud d/or undue physical damage, and as a minimum shall purchase a
blanket fidelity bond co ering all employees; in an amount equal to cash advances from
the Grantee. The Subreci ient shall comply With the bonding and insurance requirements j
of 24 CFR 84.31 and 84. 8, Bonding and Insurance
F. Grantee Recognition
The Subrecipient shall insure recognition off the role of the City in providing services
through this Agreement. All Activities, facilities and interns utilized pursuant to this
Agreement shall be prominently label as to finding source; In addition, the Subrecipient
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will include a reference o the support provided herein in all publications made possible
with funds made available under this Agreenneent.
G. Amendments
The City or Subrecipient may amend this greement at any time provided that such
amendments make specific reference to thi Agreement, and are executed in writing,
signed by a duly authorized representative Pf each organization, and approved by the
City's governing body. uch amendments shall not invalidate this Agreement, nor relieve
or release the City or Su recipient from its obligations under this Agreement.
The City may, in its dis 4 retion amend this Agreement to conform with Federal, state or
local governmental gui 4 elines, policies and available funding amounts, or for other
reasons. If such amend ents result in a change in the funding, the scope of services or
schedule of the activitie to be undertaken a part of this Agreement, such modifications
will be incorporated onl by written amendment signed by both City and Subrecipient.
H. Suspension or Termination
In accordance with 24 C R 85.43, the City may suspend or terminate this Agreement if
the Subrecipient materi lly fails to comply with any terms of this Agreement, which
include (but are not limit d to), the following
1. Failure to comply with any of the rules, regulations or provisions referred
to her in, or such statutes, regulation, executive orders, and HUD
guidelines, policies or directives as may become applicable at any time.
2. Failure, for any reason, of the ubrecipient to fulfill in a timely and proper
manne its obligations unde this Agreement;
3. Ineffectiv or improper use of funds provided under this Agreement ; or
4. Submissi � n by the Subrecipient to the City reports that are incorrect or
incomplete in any material espect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for
convenience by either th City or the Subreci, ient in whole or in part by setting forth the
reasons for such terming ion, the effective date, and, in the case of partial termination, the
portion to be terminated. . However, if in t ze 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 Managemeit
1. Accounting Standards
The Subrecipient agrees to com with 24 CFR 84.21 -28 and agrees to
adhere to the accounting principlles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for
all costs incurred.
2. Cost principles
The Subrecipient shall administe its program in conformance with OMB
Circulars A -122, "Cost Principle for Non - Profit Organizations," or A -21,
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"Cost Principles for Educational nstitutions," as applicable. These principles
shall be applid for all costs incurred whether charged on a direct or indirect
basis.
B. Documentation and Record Keeping
1. Records to be Ma
The Subrecipient shall maintain all r ecords required by the Federal regulations
specified in 24 C R 570.506 that are Pertinent to the activities to be funded under
this Agreement. uch records shall include but not be limited to:
i. Records providing a full description of each activity undertaken;
ii. Fi ' ancial records as r quired by 24 CFR 570.502, and 24 CFR
8421 -28; and
2. Retention
The Subrecipient shall retain all mancial records, supporting documents,
statistical records, and all other recor I s pertinent to the Agreement for a period of
six (6) years. The retention period begins on the date of the submission of the
City's annual per and evalu report to HUD in which the activities
assisted under the Agreement are reported on for the final time. Notwithstanding
the above, if thee is litigation, claims, audits, negotiations or other action that
involve any of the records cited and twat have started before the expiration of the
the four year period
of issues, or the expiration of t
reso �ution o Y p
actions and p
whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for
services provide . Such data shall include but not be limited to, client name,
address, income 1 vel or other basis f9r determining eligibility, and description of
service provided. Such information shall be made available to City monitors or
their designees fo review upon request.
4. Disclosure
The Subrecipient understands that client information collected under this contract
is private and tire 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 co Federal law shall be applicable in
all circumstances and, in the even th t Federal Law does not preempt State law,
the laws of Florida relating to public r cords shall apply.
5. Close -outs
The Subrecipien 's obligation to t 6 City shall not end until all close -out
requirements are ompleted. Activitie during this close out period shall include
but are not limi ed to: making fin 1 payments, disposing of program assets
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(including the re rn of all unused materials, equipment, unspent cash advances,
program income alances, and accounts receivable to the City), and determining
the custodianshi of records. Notwi-hstanding the foregoing, the terms of this
Agreement shall remain in effect d ' g any period that the Subrecipient has
control over CD G funds, including rogram income.
6. Audits & Inspections
All Subrecipient records with respec to any matters covered by this Agreement
shall be made av ilable to the City, rantor agency, and the Comptroller General
of the United Sta es or any of their authorized representatives, at any time during
normal business ours, as often as de4med necessary, to audit, examine, and make
excerpts or trans ripts of all relevant data. Any deficiencies noted in audit reports
must be fully cl ared by the Subrecipient within 30 days after receipt by the
Subrecipient. Failure of the Subre ipient to comply with the above audit
requirements will constitute may ute a violat on of this contract and ma result in the
withholding of fu re payments.
i. In the ev nt that the Subreci ient expends $500,000 or more in Federal
awards in its fiscal year, the ubrecipient must have a single or program -
specific audit conducted in ccordance with the provisions on OMB
Circular A -133, as revised. In etermining the Federal awards expended in
its fiscal year, the Subrecipient shall consider all sources of federal
awards, i cluding Federal reources received from the City of Sanford.
The dete ination of amounts of Federal awards expended should be in
accordant 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 provisio of OMB Circular A -133 as revised, will
meet the requirements of this art.
ii. In conne I tion with the au it requirements addressed in Section B
Subsectio 6., paragraph i, e recipient shall fulfill the requirements
relative t auditee responsiblities as provided in Subpart C of OMB
Circular A -133, as revised.
iii. If the Subrecipient expends 1 ss than $500,000 in Federal awards in its
fiscal year, an audit conducte l in accordance with the provisions of OMB
A -133, a revised is not reuired. In the event that the Subrecipient
expends 1 ss than $500,000 in Federal awards in its fiscal year and elects
to have audit conducted in ccordance with the provisions of OMB A-
133, as r vised, the cost of the audit must be paid from non - Federal
resources (i.e. the cost of suci an audit must be paid from Subrecipient
resources obtained from other an Federal entities).
iv. The Subr cipient acknowledg s that the City is funding the Agreement
with Federal grant funding with Catalog of Federal Domestic Assistance #
14.218.
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C. Reporting and Payment Procedures
1. Program Incehtive
The Subrecipient shall report monthly all program income (as defined at 24
CFR 570.500 a) generated by ac l ivities carried out with CDBG funds made
available and r this contract. The use of program income by the Subrecipient
shall comply ith the requirements set forth at 24 CFR 570.504. By way of
further limita ions the Subrecipient may use such income during the contract
period for activities permitted and r this contract and shall reduce requests for
additional I ds by the amount of any such program income balance on hand.
All unexpend d program income hall be returned to the City at the end of the
contract perio . Any interest earn d on cash advances from the U.S. Treasury
and from funs held in a revolvi g fund account is not program income and
shall be remi ed promptly to the ity.
2. Payment Proc dures
The city will ay to the Subrecipiei t funds available under this Agreement based
upon informat n submitted by the Subrecipient and consistent with any approved
budget and Ci policy concerning payments. With the exception of certain advances,
payments will a made for eligible Txpenses actually incurred by the Subrecipient,
and not to exceed actual cash requirements. Advance payments will be documented
with copy of checks, time sheets, inv ices and receipts. Payments will be adjusted by
the City in accordance with advance fund and program income balances available in
Subrecipient a counts. In addition, the City reserves the right to liquidate funds
available and this contract for dosts incurred by the City on behalf of the
Subrecipient.
3. Pro ress Re rts
The Subrecip ent shall submit r gular Progress Reports to the City in the
form, content d frequency as recuired by the City.
D. Travel
1. Travel
The Subrecipient shall obtain written approval from the City for any travel
outside the metropolitan area with funds provided under this Agreement.
VIII. PERSONNEL & PAIITICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipi nt agrees to compl with local and state civil rights ordinances
and with Title VI of the Civil Righ s Act of 1964 as amended, Title VIII of the
Civil Rights ct of 19689 as aMended, Section 104(b) and Section 109 of
Title I of the ousing and Commity Development Act of 1974 as amended,
Section 504 o the Rehabilitation 4 ct of 1973, the Americans with Disabilities
Act of 1990, t e Age Discrimination Act of 1975, Executive Order 11063, and
Executive Or er 11246 as amende l by Executive Orders 11375, 11478, 12107
and 12086.
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2. Nondiscrimination
The Subreci D Tent agrees to c mply with the Non - discrimination in
employment aid contract opport ities laws, regulations, and executive orders
referenced in�24 CFR 570.607, revised by Executive Order 13279. The
applicable no - discrimination provisions in Section 109 of the HCDA are still
applicable.
3. Section 504
The Subrecip agrees to comply with all Federal regulations issued
pursuant to co pliance with Section 504 of the Rehabilitation Act of 1973 (29
U.S.0 794), which prohibits discrimination against the individuals with
disabilities or handicaps in any ederally assisted program. The City shall
provide the S brecipient with an guidelines necessary for compliance with
that portion o the regulations in f rce 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 Affirma ive Action Program in keeping with the
principles as rovided in Presiden 's Executive Order 11246 of September 24,
1966. The ity shall provide Affirmative Action guidelines to the
Subrecipient assist in the form lation of such program. The Subrecipient
shall submit I plan for an Affirm tive Action Program for approval prior to
the award of nds.
2. Women — and Minority —Owned B sinesses (W/MBE)
The Subrecipi will use its best efforts to afford small businesses, minority
business ent rprises, and wom n's business enterprises the maximum
practicable op ortunity to particip to in the performance of this contract. As
used in this c ntract the terms "S all 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 1 ast fifty -one (51) ercent owned and controlled by minority
group membeis or women. For th purpose of this definition, "minority group
members" are frican- American , Spanish- speaking, Spanish surnamed or
Spanish- heritalge Americans, Asian- Americans, and American Indians. The
Subrecipient may rely on written r-presentations by businesses regarding their
status as min rity and female bus ess enterprises in lieu of an independent
investigation.
3. Access to Records
The Subrecipi nt shall furnish and cause each of its own subrecipients or sub-
,
,
, contractors to furnish all informat • n and reports required hereunder and will
permit access o its books, records : d accounts by the City, HUD or its agent,
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for purposes or other auth rized Federal offici is fo purp of investigation to ascertain
investi g
compliance with the rules, regulat and provisions stated herein.
4. Notifications
The Subrecipient will send to ea h labor union or representative of workers
with which it has a collective argaining agreement or other contract or
understandin , a notice, to be provided by the agency contracting officer,
advising the labor union or worker's representative of the Subrecipient's
commitment' 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 solicitation for advertisements for employees
placed by o on behalf of the Subrecipient, state that it is an Equal
Opportunity r Affirmative Action employer.
6. Subcontract rovisions
The Subrecipient will include the provisions of Paragraphs VII A, Civil
Rights, and 'III B, Affirmative Action, in every subcontract or purchase
order, specify ally or by reference, so that such provisions will be binding
upon each of is own subrecipient or subcontractors.
C. Employment Restric ons
1. Prohibited Adtivity
The Subrecip ent is prohibited fro using funds provided herein or personnel
employed in the administration of the program for: political activities;
inherently re igious activities; to bying; political patronage; and nepotism
activities.
2. Labor Standards
The Subrecipient agrees to comp with the requirements of the Secretary of
Labor in accordance with the Da is -Bacon Act is amended, the provision of
Contract Wor Hours and Safety §tandards Act (40 U.S.C. 327 et seq.) and all
other applica le Federal, state d local laws and regulations pertaining to
labor stand ds insofar as thos acts apply to the performance of this
Agreement. T eir Subrecipient a ees to comply with the Copeland Anti -Kick
Back Act (18 U.S.C. 874 et seq.) Viand its implementing regulation of the U.S.
Department f Labor at 29 CFR Part 5. The Subrecipient shall maintain
documentatio that demonstra es compliance with hour and wage
requirements f this part. Such d cumentation shall be made available to the
City for revie upon request.
3. "Section 3" C ause
a) Compliance
Comp iance with the provi ions of Section 3 of the HUD Act of 1968,
as am nded and as implem nted by the regulations set forth in CFR
P age 24 l0 of l9
135,
d all applicable rul s and orders issued hereunder prior to the
execut on of this contract, hall be a condition of the Federal financial
assist ce provided under i his contract and binding upon the City, the
Subre ipient and any of the Subrecipient's subrecipients and sub -
contra tors. Failure to fultll these requirements shall subject the City,
the S brecipient and any of the Subrecipient's subrecipients and
subco tractors, their successors and assigns, to those sanctions
specif d by the Agreement through which Federal assistance is
provid d. The Subrecipienit certifies and agrees that no contractual or
other disability exists th t would prevent compliance with these
requir ments.
The S brecipient further grees to comply with these "Section 3"
requir ments and to ud the ng lan in all suontracts
execut d under this Agreement:
"The work to b performed under t his Agreement is a
project assisted�under a program followi p roviding direct
Federal financial incl assistance from H UD and is subject
to the requirem ?nts of Section 3 of the Housing and
Urban Development Act of 1968, as amended (12
U.S.C. 1701). S ction 3 requires that to the greatest
extent feasible portunities for training and
employment be given to low -and very low- income
residents of the }nroject area, and that contracts for
work in connec 'on with the project be awarded to
J business concer s that provide economic opportunities
for low- and ve low — income persons residing in the
metropolitan ar a in which the project is locate."
The u brecipient further agrees to ensure that opportunities for
training and employmen arising in connection with a housing
rehabilitation (including r duction and abatement of lead -based paint
hazard ), housing construction, or other public construction project are
given to low- and very low - income persons residing within the
metro olitan area in which the CDBG — funded project is located;
where feasible, priority sh 9 uld be given to low- and very low- income
person within the service area of the project or the neighborhood in
which the project is to ated, and to low -and very low - income
participants in other HU programs; and award contracts for work
undert en in connection with a housing rehabilitation (including
reduct'on and abatement of lead -based paint hazards), housing
constriction or other publi construction project to business concerns
that provide economic op ortunities to low -and very low- income
residents within the servi4 area or the neighborhood in which the
project is located, and to low- and very low- income participants in
other , D programs.
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The S brecipient certifies and agrees that no contractual or other legal
incap city exists that !would prevent compliance with these
requir ments.
b) Notifi ations
The ubrecipient agrees to send to each labor organization or
repres ntative of workers with which it has a collective bargaining
agree ent or other contac or understanding if any, a notice advising
said 1 bor organization or worker's representative, of its commitments
under this Section 3 clause and shall post copies of the notice in
consp cuous places avai able to employees and applicants for
emplo ment or training.
c) Subcontracts
The ubrecipient will ' elude this Section 3 clause in every
subco tract and will t ke appropriate action pursuant to the
subco tract upon a findi lg that the subcontractor is in violation of
regulations issued by the grantor agency. The Subrecipient will not
subcolFtract with any enti where it has notice or knowledge that the
latter has been found in vi � lation of the regulations under 24 CFR Part
135 and will not let any sup contract unless the entity has first provided
it with a preliminary s-atement of ability to comply with the
requir&ments of these regulations.
D. Conduct
1. Assignability
The Subrecip_ent shall not assig or transfer any interest in this Agreement
without the prior written consent f the City thereto; provided, however, that
claims for money due or to bec I me due to the Subrecipient from the City
under this contract may be assi ned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or
transfer shall be furnished prompt 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 an agreement
b) Monitorin
The Su will monitor all subcontracted services on a regular
basis to assure contract corr_pliance. Results of monitoring efforts shall
be s arized in written reports and supported with documented
evidenc of follow -up actions taken to correct areas of noncompliance.
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c) ConteJ
The Su recipient shall cau all of the provisions of this contract in its
entiretyj to be included in and made a part of any subcontract executed
in the p rformance of this Agreement.
d) Selection Process
The Subrecipient shall unde ake to insure that all subcontracts let in the
perfoiu�ance of this Agree ent shall be awarded on a fair and open
compet tion basis in a cordance with applicable procurement
require ents. Executed copes of all subcontracts shall be forwarded to
the Grahtee along with doc entation concerning the selection process.
3. Hatch Act
The Sub Rec'pient agrees that n• funds provided, nor personnel employed
under this A reement, shall be i i 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 Sub Rec}pient agrees to abi e by the provisions of 24 CFR 84.42 and
570.611, which include (but are nit limited to) the following:
a) The S brecipient shall ma tain a written code or standards of conduct
that shall govern the perfi rmance of its officer, employees or agents
engag d in the award ano administration of contracts supported by
Feder f1 funds.
b) Noe ployee, officer or agent of the Subrecipient shall participate in
the s lection, or in the award, or administration of, a contract
suppo ed by Federal fun• s if a conflict of interest, real or apparent,
would be involved.
c) No co ered persons who xercise or have exercised any functions or
respo sibilities with respect to CDBG— assisted activities, or who are in
a posi ion to participate i a decision - making process or gain inside
infornation with regard o such activities, may obtain a financial
intere t in any contract, or have a financial interest in any contract,
subcoljitract, or agreement vith respect to the CDBG- assisted activity,
or wit1i respect to the proc eds from the CDBG- assisted activity, either
for th mselves or those wth whom they have business or immediate
family ties, during their tenure or for a period of one (1) year
thereater. For purposes of this paragraph, a "covered person" includes
any p rson who is an em loyee, agent, consultant, officer, or elected
or app. inted official of th City, the Subrecipient, or any designated
public agency.
5. Lobbying
Page 13 of 19
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The Subrecipient ereby certifies that:
a) No Fe eral appropriated ds have been paid or will be paid, by or on
behal of it, to any person or influencing or attempting to influence an
office or employee of an agency, a Member of Congress, an officer
or employee of any age y, a Member of Congress, an officer or
emplo ee of Congress, or an employee of a Member of Congress in
conne , tion with the away ing of any Federal contract, the making of
any F deral grant, the m 'rig of any Federal loan, the entering into of
any c operative agreeme , and the extension continuation, renewal,
amendment, or modificati n of any Federal contract, grant, loan, or
coope ative agreement;
b) If any funds other than Fe eral appropriated funds have been paid or
will b paid to any person or influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer
or employee of Congress, r an employee of a Member of Congress in
connection with this Fed ral contract, grant, loan, or cooperative
agreement, it will com lete and submit Standard Form -LLL,
"Disclosure Form to Re ort Lobbying," in accordance with its
instructions; and
c) It will equire that the lang age of paragraph (d) of this certification be
includ in the award d cuments for all sub - awards at all tiers
(including subcontracts, s gib- grants, and contracts under grants, loans,
and cooperative agreeme s) and that all Subrecipients shall certify
and disclose accordingly:
d) Lobbying Certification
This dertification is a m terial representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certific tion 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 th required certification shall be subject to a
civil p nalty of not less th $10,000 and not more than $100,000 for
each s ch failure.
7. Copyright
If this contract reults in any copyrightable material or inventions, the City and/or
grantor agency reserves the right to royalty -free, non - exclusive and irrevocable
license to reprodice, publish or otherwise use and to authorize others to use, the
work or materials for governmental p oses
8. Religious Activities
The Subrecipient agrees that funds p ovided under this Agreement will not be
utilized for inherently religious activi ies prohibited by 24 CFR 570.200(j), such
as worship, religious instruction, or pr selytization.
Page 14 of 19
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IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees o comply with the f llowing requirements insofar as they apply
to the performance of this Agreement:
- Clean Air Act 42 U.S.C., 7401, et seq.;
- Federal Wate Pollution Control A as amended, 33 U.S.C., 1251, et seq., as
amended, 13 8 relating to inspection, monitoring, entry, reports, and
information, well as other requirements specified in said Section 114 and
Section 308, a all regulations and guidelines issued thereunder;
- Environmenta Protection Agency (EPA) regulations pursuant to 40 CFR Part
50, as amende
B. Flood Disaster Protection
In accordance with the x equirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the Subrecipient shall assure tl*tt for activities located in an area identified
by the Federal Emerge cy Management gency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a conditio of financial assist ce 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 57.608, and 24CFR Part 35, Subpart B. Such regulations pertain
to all CDBG- assisted blousing and require that all owners, prospective owners, and
tenants of properties constructed prior to 19 8 be properly notified that such properties
may include lead based paint. Such notificati n shall point out the hazards of lead based
paint and explain the symptoms, treatment d precautions that should be taken when
dealing with lead based p int poisoning and t e advisability and availability of blood lead
level screening for child en under seven. Th notice should also point out that if lead -
based paint is found or the property, abat ment measures may be undertaken. The
regulations further requi that, depending o the amount of Federal funds applied to a
property, paint testing, ri assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees t o comply with the istoric Preservation requirements set forth
in the National Historic reservation Act of 1 966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, dvisory Council on Historic Preservation
Procedures for Protection of Historic Properti s, insofar as they apply to the performance
of this agreement.
In general, this requires concurrence from th . 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 histo c property list.
X. SEVERABILITY
Page 15 of 19
If any provision of this greement is held inralid, the remainder of the Agreement shall
not be affected thereby d all other parts of this Agreement shall nevertheless be in full
force and effect.
XI. SECTION HEADINGS D SUBHEADINGS
The section headings and subheadings con ained in this Agreement are included for
convenience only and sh ll not limit or othe ise affect the terms of this agreement.
XII. WAIVER
The City's failure to act *th respect to a br ach by the Subrecipient does not waive its
right to act with respect to subsequent or s milar breaches. The failure of the City to
exercise or enforce any light or provision shall not constitute a waiver of such right or
provision.
XIII. ENTIRE AGREEMEN
This agreement constitutbs the entire agree between the City and the Subrecipient
for the use of funds r ceived under this A greement and it supersedes all prior or
contemporaneous comm ications and pro.osals, whether electronic, oral or written
between the Grantee and the Subrecipient wit respect to this Agreement.
In Witness Whereof, th Parties have duly igned, sealed and delivered this agreement
as of the date last signed
Attest: City of Sanford Florida
-1 4111W
a By:
;Janet Dougherty 67-d 7 —/3 Norton N. B • aparte, Jr.
City Clerk 1 ity Manage
A...roved . o form and Legali
Dat 7,V/70
' . 4 'Piam L. Colbert, Esquire
City A p N 4 lc 71
iI J1 r
Signed, sealed and delivered in t le presence of:
Attest: ' oldsborp Front Porch Council Inc. 6,/ Al I Y
IP
Willie Hooks, Vice Chairman Vernon McQuee , Chairman
Page 16
n ' "/ /� Date: 6/1/3
•
A geri filler, Secretary
Wil'�:!Tt; g , rea .
Page 17 of 19
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Appendix A
BUDGET FOR GOLDSBORO FRONT PORCH YELDA PROGRAM
$38,500 Allocation for 33 Students
LINE ITEM FUNDS
33 Students Wages (Stipend) $281,512.00
Project Coordinator $ 5,000.00
Program Assistant $ 1,000.00
Students Training /Educational Trips $ 1,000.00
Insurance for Students $ 500.00
Preparation of 990 Documents $ '500.00
Administration $ 1,500.00
Material etc. for Completion Program $ 488.00
Detailed listing that itemize how these line items will be utilized
Students Wages- $28,512 — Thirty Three (33) at $9 per hour for twelve (12) hrs per week = $3,564
ber week
3,564 for 8 weeks = $ 8,512.00 total allocation for students wages
Project Coordinator - $5,000- Coordinator will be paid 5,000 to manage the program. A Pay schedule
wil be determined. (We kly, Bi- Weekly, Monthly)
Program Assistant - $1,000- Assistant will provide sup ort to the program. Pay schedule TBD
Educ. Trips /Training - $1,000- Ed cational /Cultural trip will be planned for the students. (TBD)
Stu ents will participate in a minimum of two (2) trainings (TBD)
Insurance for Students - $500- Thi insurance is required for students that will be working
Preparation of YE 990 - $500 - Fe- paid to accountant for preparing 990 forms at the end of year
1
Page 18 of 19
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Administration — $1,500- Administration dollars wi I be used to administer the program (To
Inc�ude copying cost, cop�ring paper, telephone, general supplies
O ce cleaning, other cos necessary to operate the program.
Miscellaneous- $ 488- Th se dollars will be use purchase materials, etc. for the YE completion
cer-mony program.
Page 19 of 19
WS _ SM X
Item No.
= 18777 - 4
CITY COMMISSION MEMORANDUM 13-086
MAY 1, 2013 AGENDA (SPECIAL MEETING)
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Thomas George, Deputy City Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Community Development Block Grant (CDBG) Delegation Resolution
SYNOPSIS:
Authorization of a resolution relating to the approval and execution of contracts and other
necessary actions and matters relating to the City's Community Development Block Grant
(CDBG) Program is requested.
FISCALISTAFFING STATEMENT:
There is no fiscal impact to the City. This action will facilitate the implementation of the City's
CDBG Program in a normative but more expeditious manner.
BACKGROUND:
The City is in the process of implementing its CDBG Program under the Housing and Community
Development Act of 1974, as amended. The actions that need to be taken by the City are time - sensitive
and must be accomplished in an expeditious manner. These actions include, but are not limited to, the
procurement of goods and services by means of the approval and execution of contract documents.
This would be a full delegation of City Commission powers to the City Manager. However, the
resolution provides for adequate checks and balances with the City Clerk and City Attorney taking
necessary actions and, also, provides for an assurance that the applicable rules of ethics pertaining to
the matters are faithfully applied. The resolution also provides for the City Manager reporting to the
City Commission relative to the actions taken under the delegation of authority.
LEGAL REVIEW:
The City Attorney's Office has assisted in preparing this action for consideration by the City
Commission and has drafted the proposed resolution.
RECOMMENDATION:
It is staffs recommendation that the City Commission adopt the proposed resolution providing for
a delegation of authority to the City Manager.
SUGGESTED MOTION:
"I move to approve Resolution No. 2403."
Attachment: Proposed Resolution No. 2403.
Resolution No. 2403
A Resolution of the City of Sanford, Florida
relating to the delegation of authority to the City
Manager relative to management and
implementation of the requirements of the City's
Community Development Block Grant Program
including, but not limited to, powers relative to the
approval and execution of contracts; providing for
implementing administrative actions; providing
for a savings provision; providing for conflicts;
providing for severability and providing for an
effective date.
WHEREAS, the City Commission of the City of Sanford is involved in
many diverse activities as part of the City's operating as complex municipal
government including, but not limited, to the City's Community Development
Block Grant Program; and
WHEREAS, the City Commission of the City of Sanford is vested with
certain responsibilities and powers under the provisions of the City Charter of the
City of Sanford and the City Manager has other responsibilities and powers
under the provisions of the City Charter, and
WHEREAS, the City Commission of the City of Sanford desires to
empower and direct the City Manager to implement and manage the
requirements of the City's Community Development Block Grant Program and
to take other appropriate actions to ensure the smooth and efficient operation
and functioning of City government; and
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Whereas, Section 2.04 of the City Charter of the City of Sanford relates to
the general powers and duties of the City Commission and provides that "[a]II
powers of the City shall be vested in the Commission, except as otherwise
p rovided
by law or this charter, and the Commission shall provide for the
Y
exercise thereof and for the performance of all duties and obligations imposed on
City by law" and Section 3.04 of the City y y Y Charter of the City of Sanford relates
to the powers and duties of the City Manager and provides, in pertinent part that
"[t]he City Manager shall be the chief administrative officer of the City. The City
of all City
the Commission for the administration o y
Manager shall be responsible t t
affairs placed in his or her charge by or under this Charter "; and
Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing and adopting this Resolution; and
Whereas, the foregoing whereas clauses are hereby adopted as the
legislative and administrative findings of the City Commission.
Now, therefore, be it adopted and resolved by the City Commission
of the City of Sanford, Florida as follows:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Resolution the recitals (whereas clauses) to this Resolution.
(b). Although not a land development regulation, this Resolution is
consistent with the goals, objectives and policies of the Comprehensive Plan of
the City of Sanford.
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Section 2. Delegation to City Manager relating to City's Community
Development Block Grant Program.
(a). The City Manager is hereby authorized to administer all aspects of
the City's Community Development Block Grant Program within City of Sanford
municipal government including, but not limited to, the approval and execution of
diverse and various types of contracts relating to the implementation of the
Program.
(b). Notwithstanding the provisions of this Section, the City Manager
to submit
any matter
determine that it is desirable or appropriate y
may det
enumerated herein to the City Commission for action as deemed necessary.
(c). The City Manager shall report all actions taken under the provisions
of this Resolution to the City Commission as soon as practicable after taking
such actions.
(d). The City Manager shall ensure that all ethics laws are adhered to
during the course of procurement actions and activities taken in furtherance of
the implementation of this Resolution and the City's CDBG Program. The City
Attorney shall assist the City Manager in such adherence to high ethical
standards and actions.
Section 3. Future Implementing Actions.
(a). The City Manager is assigned the responsibility to take any and all
necessary administrative actions that may be desirable or necessary to
implement the provisions of this Resolution.
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(b). The City Clerk is hereby authorized to attest to the signature of and
to otherwise fully assist the City Manager in the implementation of this Resolution
approved the execution of diverse contract do cuments pp roved under the p rovisions
of this Resolution.
(c). The City Attorney is instructed to assist the City Manager in the
implementation of this Resolution.
Section 4. Conflicts.
All resolutions or p arts of resolutions in conflict with the provisions of this
Resolution are hereby repeated and rescinded.
Section 5. Savings.
The prior actions of the City of Sanford relating to the implementation of
the City's Community Development Block Grant Program, as well as all related
subject matters and processes, are hereby ratified and affirmed.
Section 6. Severabiility.
If any section, sentence, phrase, word, or portion of this Resolution is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word, or portion of this Resolution not otherwise determined to
be invalid, unlawful, or unconstitutional.
Section 7. Effective Date.
This Resolution shall take immediate effect upon enactment.
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� e g
Passed and adopted this 1 st day of May, 2013.
A ttest: City Commission of the City of
Sanford, Florida
y a aftd-K
Dougherty, City Cler Tripp• �, �IJeff r
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
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