1615 - CDBG Economic Dev Grant-Brothers Keepers i5
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TRANSMITTAL MEMORANDUM
MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s)noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order ❑ Mayor's signature
❑ Final Plat(original mylars) ❑ Recording
❑ Letter of Credit Rendering
❑ Maintenance Bond ® Safe keeping (Vault)
❑ Ordinance
❑ Performance Bond
❑ Resolution
II
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Please retain for the CDBG Community Development File—HUD Community Development
CDBG Agreement between the City of Sanford and Brothers Keepers
Please advise if you have any questions regarding the above.
Thank you!
Andrew Thomas - 10/30/2013
From Date
\\SVCH-Omnicast\USERS\mcrayn\Templates\City Clerk Transmittal Memo.doc
HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AGREEMENT BETWEEN THE CITY OF SANFORD
AND
BROTHERS KEEPERS,INC.
FOR
CDBG ECONOMIC DEVELOPMENT GRANT
THIS AGREEMENT made and entered this I Lith day of 9C f010eK, 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 Brothers Keepers, Inc. (hereinafter called the "Subrecipient") whose address is 1305
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,
Public Law 93-383; and
Whereas, the City recognizes the benefits that are provided by the Subrecipient to the
City through its programs and services to the community and the general citizenship; and
Whereas, the City recognizes the Subrecipient's status as a non-profit organization and
acknowledges the Subrecipient's commitment to the Sanford community; and
Whereas,the City recognizes the Subrecipient's goal of promoting the civic interests and
well-being of the citizens in the Sanford area; and
Whereas, the Subrecipient has applied for funding from the City to support its mission,
civic interests and advance the public welfare of the City; and
Whereas, the Subrecipient and the City desire to enter into this Agreement whereby the
City will provide the Subrecipient with grant funding as set forth herein.
Now, Therefore, in consideration of the promises contained herein and for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
I. GENERAL TERMS AS TO PERFORMANCE.
(a). The Subrecipient certifies that the activities carried out under this Agreement will
meet United States Department of Housing and Urban Development (HUD) National
Objective of providing services that will benefit low and moderate income persons and
households. The services to be provided are as follows:
(1). Provide services for the management of substance abuse and education for
affected family members.
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 1-21
(2). Provide a community based facility that promote and provide drug education, life
skills training and temporary shelter provisions for individuals affected by substance
abuse; and
(3). Serve as a one stop resource, referral and counseling center for low income persons
seeking information, education and assistance relative to substance abuse eradiation,
housing, community development, economic and business opportunities.
(b). Levels of Accomplishment—Goals and Performance Measures.
The Subrecipient agrees the grant funding shall be used for the repair of the roof at 1305
Historic Goldsboro Boulevard, Sanford, Florida 32771 which houses Brothers Keepers,
Inc. The goal of Brothers Keepers Inc is to impact the high substance abuse rate in the
Goldsboro area and improve the economic viability of the communities.
(c). Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance
standards as stated above. Substandard performance as determined by the City will
constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the Subrecipient within a reasonable period of time after
being notified by the City, contract suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE.
(a). This is a one-time grant. The City may award future grants for future terms to the
Subrecipient, but there is no guarantee relative to future funding and the City accepts no
obligations to future funding.
(b). Repairs to the building shall start on or after the 1st day of, July, 2013 and be
completed no later than the 31st day of December, 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 Community Development Block Grant (CDBG)
funds or other CDBG assets, including,but not limited to,program income.
III.BUDGET.
See Attachment "A" the detailed for Scope of Services and budget. Any indirect costs
charged to grant must be specified and detailed. In addition, the City may require a more
detailed budget breakdown than the one contained herein, and the Subrecipient shall
provide such supplementary budget information in a timely fashion in the form and
content prescribed by the City. Both the City and the Subrecipient must approve any
amendments to the budget in writing.
IV. PAYMENT.
It is expressly agreed and understood that the total amount to be paid by the City under
this Agreement shall not exceed Five Thousand Dollars $5,000.00. The funds will be
appropriated from the HUD CDBG 2011-2012 allocation. Such funds shall be provided
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 2-21
upon execution of this Agreement and the submission of appropriate invoices and or
receipts for materials and labor. Expenses for general administration shall be paid against
the line item budgets specified in Paragraph II and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in 24 Code of Federal
Regulations(CFR) 84.21.
V. NOTICES.
(a). Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile or other
electronic means. Any notice delivered or sent as aforesaid shall be effective on the date
of delivery or sending. All notices and other written communications under this
Agreement shall be addressed to the individuals in the capacities indicated below, unless
otherwise modified by subsequent written notice.
(b). Communication and details concerning this Agreement shall be directed to the
following representatives:
As to the CITY:
Norton N. Bonaparte, Jr.
City Manager
City Hall
300 North Park Avenue
Sanford, Florida 32771
As to the SUBRECIPIENT:
Oscar Redden,Jr.
Executive Director/Secretary of the Board
Brothers Keepers, Inc.
1305 Historic Goldsboro Blvd
Sanford, Florida 32771
VI. SPECIAL CONDITIONS.
(a). The Subrecipient shall maintain its non-profit status with the appropriate agencies,
federal, state and local for the duration of this Agreement.
(b). The Subrecipient shall provide a written report to the City by February 15, 2014. The
reports shall provide the following information:
(1). Methods used to promote the services of the Organization.
(2). Copy of literature promoting the organization and the services substance abuse
services provided.
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 3-21
(3). A list of individuals utilizing the services of the organization to include name,
address, age and contact information. (A form will be developed taking into consideration
the confidential nature of the services provide by the organization)
(4). A list of individuals that are referred to other agencies for assistance with substance
abuse. (Taking into consideration the confidential nature of the services)
(5). A list of individual that actually secure housing/shelter as a result of participating in
services at Brothers Keepers.
(7). A list of life skills trainings and workshops conducted and the attendance at each
event.
(8). A financial report detailing the cost of the roof and other repair to the building with
copies of permits for work that require permits and pictures showing before and after the
work was done.
VII. GENERAL CONDITIONS.
(a). General Compliance.
The Subrecipient agrees to comply with the requirements of Title 24 CFR Part 570 (the
U.S. Housing and Urban Development regulations concerning Community Development
Block Grants(CDBG)) including,but not limited to, Subpart K, except that:
(1) the Subrecipient does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604; and
(2) the Subrecipient does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52.
(b). Compliance With Controlling Law.
The Subrecipient also agrees to comply with all other applicable Federal, State and local
laws, rules, ordinances, regulations and policies governing the funds provided under this
Agreement as well as any action taken or to be taken under this Agreement in any way
whatsoever. The Subrecipient further agrees to utilize funds available under this
Agreement to supplement rather than supplant funds otherwise available.
(c). "Independent Contractor".
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The Subrecipient shall at all times remain an "independent contractor"with respect to the
services to be performed under this Agreement. The City shall be exempt from payment
of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and
Workers' Compensation Insurance, as the Subrecipient is an independent contractor.
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 4-21
(d). Hold Harmless.
The Subrecipient shall hold harmless, defend and indemnify the City, its officers,
officials, agents and employees from any and all claims, actions, suits, charges and
judgments whatsoever that arise out of the Subrecipient's performance or
nonperformance of the services called for in this Agreement as well as any activity or
subject matter related to this Agreement in any way.
(e). Workers' Compensation.
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
(f). Insurance&Bonding.
(1). The Subrecipient shall carry sufficient insurance coverage to protect contract assets
from loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the City.
(2). The Subrecipient shall comply with the bonding and insurance requirements of 24
CFR 84.31 and 84.48, Bonding and Insurance.
(g). City Recognition.
The Subrecipient shall ensure recognition of the role of the City in providing services
through this Agreement to the satisfaction of the City's Public Information Officer. All
activities, facilities and items utilized pursuant to this Agreement shall be prominently
labeled as to funding source. In addition, the Subrecipient shall include a reference to the
support provided herein in all publications made possible with funds made available
under this Agreement.
(h). Amendments.
(1). The parties may amend this Agreement at any time provided that any such
amendment makes specific reference to this Agreement, and is executed in writing,
signed by a duly authorized representative of each party and approved by the City's
governing body. Such amendments shall not invalidate this Agreement, nor relieve or
release the City or Subrecipient from its obligations under this Agreement.
(2). The City may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both the City and
Subrecipient.
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 5-21
(i). Suspension or Termination.
(1). In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement
if the Subrecipient materially fails to comply with any terms of this Agreement, which
include (but are not limited to),the following:
(A). Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or directives
as may become applicable at any time;
(B). Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner
its obligations under this Agreement;
(C). Ineffective or improper use of funds provided under this Agreement; or
(D). Submission by the Subrecipient to the City reports that are incorrect or incomplete in
any material respect.
(E). In accordance with 24 CFR 85.44, this Agreement may also be terminated for
convenience by either the City or the Subrecipient, in whole or in part, by setting forth
the reasons for such termination,the effective date, and, in the case of partial termination,
the portion to be terminated. However, if in the case of a partial termination, the City
determines that the remaining portion of the award will not accomplish the purpose for
which the award was made,the City may terminate the award in its entirety.
(2). The City may terminate this Agreement for convenience at any time and should the
City announce a cause for termination that later is determined not to exist, such
termination shall be deemed to have occurred for convenience.
VIII.ADMINISTRATIVE REQUIREMENTS.
(a). Financial Management.
(1). Accounting Standards.
The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
(2). Cost Principles.
The Subrecipient shall administer its program in conformance with Office of
Management and Budget (OMB) Circulars A-122, "Cost Principles for Non-Profit
Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable.
These principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 6-21
•
(b). Documentation and Record Keeping.
(1). Records to be Maintained.
The Subrecipient shall maintain all records required by the Federal regulations specified
in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement.
Such records shall include but not be limited to:
(A). Records providing a full description of each activity undertaken;
(B). Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
(C). Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
(D). Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
(E). All other records necessary to document compliance with Subpart K of 24 CFR Part
570.
(2). Retention.
The Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to this Agreement for a minimum period of 4
years. The retention period begins on the date of the submission of the City's annual
performance and evaluation report to HUD in which the activities assisted under this
Agreement are reported on for the final time. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records
cited and that have started before the expiration of the 4-year period, then such records
must be retained until completion of the actions and resolution of all issues, or the
expiration of the 4-year period,whichever occurs later.
(3). Client Data.
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address, income
level or other basis for determining eligibility, and description of service provided. Such
information shall be made available to the City's monitors or their designees for review
upon request.
(4). Disclosure.
The Subrecipient understands that client information collected under this Agreement is
private and the use or disclosure of such information, when not directly connected with
the administration of the City's or Subrecipient's responsibilities with respect to services
provided under this Agreement, is prohibited by the Subrecipient unless written consent
is obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian; provided, however, that the requirements of controlling
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 7-21
Federal law shall be applicable in all circumstances and, in the event that Federal law
does not preempt State law,the laws of Florida relating to public records shall apply.
(5). Closeouts.
The Subrecipient's obligation to the City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the City), and determining the custodianship of records. Not withstanding
the foregoing, the terms of this Agreement shall remain in effect during any period that
the Subrecipient has control over CDBG funds, including program income.
(6). Audits and Inspections.
All Subrecipient records with respect to any matters covered by this Agreement shall be
made available to the City, grantor agency, and the Comptroller General of the United
States or any of their authorized representatives, at any time during normal business
hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts
of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the
Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient
to comply with the above audit requirements shall constitute a violation of this
Agreement and may result in the withholding of future payments.
(A). In the event that the Subrecipient expends $500,000.00 or more in Federal awards in
its fiscal year, the Subrecipient must have a single or program specific audit conducted in
accordance with the provisions on OMB Circular A-133, as revised. In determining the
Federal awards expended in its fiscal year, the Subrecipient shall consider all sources of
federal awards, including Federal resources received from the City of Sanford. The
determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A-133 as revised. An audit of the Subrecipient
conducted by the Auditor General in accordance with the provision of OMB Circular A-
133 as revised, shall meet the requirements of this part.
(B). In connection with the audit requirements addressed in Section B Subsection 6.,
paragraph i, the recipient shall fulfill the requirements relative to auditee responsibilities
as provided in Subpart C of OMB Circular A-133, as revised.
(C). If the Subrecipient expends less than $500,000.00 in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB A-133, as revised is not
required. In the event that the Subrecipient expends less than $500,000.00 in Federal
awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB A-133, as revised, the cost of the audit must be paid from non-
Federal resources (i.e. the cost of such an audit must be paid from Subrecipient resources
obtained from other than Federal entities).
(D). The Subrecipient acknowledges that the City is funding this Agreement with Federal
grant funding with Catalog of Federal Domestic Assistance#14.218.
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 8-21
(E). The Subrecipient hereby agrees to have an annual agency audit conducted in
accordance with current City policy concerning Subrecipient audits and OMB Circular
A-133.
(c). Reporting and Payment Procedures.
(1). Program Income.
The Subrecipient shall report monthly all program income (as defined at 24 CFR
570.500(a)) generated by activities carried out with CDBG funds made available under
this Agreement. The use of program income by the Subrecipient shall comply with the
requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient
may use such income during the contract period for activities permitted under this
Agreement and shall reduce requests for additional funds by the amount of any such
program income balance on hand. All unexpended program income shall be returned to
the City at the end of the contract period. Any interest earned on cash advances from the
U.S. Treasury and from funds held in a revolving fund account is not program income
and shall be remitted promptly to the City.
(2). Indirect Costs.
If indirect costs are charged, the Subrecipient shall develop an indirect cost allocation
plan for determining the appropriate Subrecipient's share of administrative costs and
shall submit such plan to the City for approval, in a form specified by the City.
(3). Payment Procedures.
The City will pay to the Subrecipient funds available under this Agreement based upon
information submitted by the Subrecipient and consistent with any approved budget and
City policy concerning payments. With the exception of certain advances, payments will
be made for eligible expenses actually incurred by the Subrecipient, and not to exceed
actual cash requirements. The City in accordance with advance fund and program income
balances available in Subrecipient accounts will adjust payments. In addition, the City
reserves the right to liquidate funds available under this Agreement for costs incurred by
the City on behalf of the Subrecipient.
(4). Progress Reports.
The Subrecipient shall submit regular Progress Reports to the City in the form, content,
and frequency as required by the City.
(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.
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 9-21
(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:
(I). The Subrecipient shall transfer to the City any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the time of
expiration, cancellation, or termination.
(2). Real property under the Subrecipient's control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of$25,000.00 shall be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until 5 years
after expiration of this Agreement [or such longer period of time as the City deems
appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that
meets a CDBG National Objective for the prescribed period of time, the Subrecipient
shall pay the City an amount equal to the current fair market value of the property less
any portion of the value attributable to expenditures of non-CDBG funds for acquisition
of, or improvement to, the property. Such payment shall constitute program income to the
City. The Subrecipient may retain real property acquired or improved under this
Agreement after the expiration of the five-year period.
(3). In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold,the proceeds shall be program income (prorated to reflect the extent to
that funds received under this Agreement were used to acquire the equipment).
Equipment not needed by the Subrecipient for activities under this Agreement shall be:
(A). transferred to the City for the CDBG program; or
(B). retained after compensating the City an amount equal to the current fair market value
of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE
HOUSING REPLACEMENT.
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR
570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 10-21
under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d)
governing optional relocation policies. The Subrecipient shall provide relocation
assistance to displaced persons as defined by 24 CFR 570.606(b) (2)that are displaced as
a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-
assisted project. The Subrecipient also agrees to comply with applicable City ordinances,
resolutions and policies concerning the displacement of persons from their residences.
X. PERSONNEL & PARTICIPANT CONDITIONS.
(a). Civil Rights.
(1). Compliance.
The Subrecipient agrees to comply with local and state civil rights ordinances and with
Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of
1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act
of 1973, the Americans with Disabilities Act of 1990,the Age Discrimination Act of 1975,
Executive Order 11063, and Executive Order 11246 as amended by Executive Orders
11375, 11478, 12107 and 12086.
(2). Nondiscrimination.
The Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the Housing and Community Development Act of 1974, as
amended. are still applicable.
(3). Land Covenants.
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared or improved with assistance provided under this
Agreement, the Subrecipient shall cause or require a covenant running with the land to be
inserted in the deed or lease for such transfer, prohibiting discrimination as herein
defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any
improvements erected or to be erected thereon, providing that the City and the United
States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in
undertaking its obligation to carry out the program assisted hereunder, agrees to take such
measures as are necessary to enforce such covenant, and shall not itself so discriminate.
(4). Section 504.
The Subrecipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which
prohibits discrimination against the individuals with disabilities or handicaps in any
Federally assisted program. The City shall provide the Subrecipient with any guidelines
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 1 1-2 1
necessary for compliance with that portion of the regulations in force during the term of
this Agreement.
(b). Affirmative Action.
(I). Approved Plan.
The Subrecipient agrees that it shall be committed to carry out pursuant to the City's
specifications an Affirmative Action Program in keeping with the principles as provided
in President's Executive Order 11246 of September 24, 1966. The City shall provide
Affirmative Action guidelines to the Subrecipient to assist in the formulation of such
program. The Subrecipient shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds.
(2). Women-and Minority-Owned Businesses(W/MBE).
The Subrecipient shall use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement, the terms
"small business" means a business that meets the criteria set forth in section 3(a) of the
Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least 51% owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are
Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,
Asian-Americans, and American Indians. The Subrecipient may rely on written
representations by businesses regarding their status as minority and female business
enterprises in lieu of an independent investigation.
(3). Access to Records.
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors
to furnish all information and reports required hereunder and shall permit access to its
books, records and accounts by the City, HUD or its agent, or other authorized Federal
officials for purposes of investigation to ascertain compliance with the rules, regulations
and provisions stated herein.
(4). Notifications.
The Subrecipient shall send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or worker's
representative of the Subrecipient's commitments hereunder, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(5). Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement.
The Subrecipient shall, in all solicitations or advertisements for employees placed by or
on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action
employer.
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 12-21
(6). Subcontract Provisions.
The Subrecipient shall include the provisions of Paragraphs X.A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, specifically or by reference,
so that such provisions shall be binding upon each of its own subrecipients or
subcontractors.
(c). Employment Restrictions.
(1). Prohibited Activity.
The Subrecipient is prohibited from using funds provided herein or personnel employed
in the administration of the program for: political activities; inherently religious
activities; lobbying; political patronage; and nepotism activities.
(2). Labor Standards.
(A). The Subrecipient agrees to comply with the requirements of the Secretary of Labor
in accordance with the Davis-Bacon Act, as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal,
state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. The Subrecipient agrees to comply with the
Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of
the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain
documentation that demonstrates compliance with hour and wage requirements of this
part. Such documentation shall be made available to the City for review upon request.
(B). The Subrecipient agrees that, except with respect to the rehabilitation or construction
of residential property containing less than 8 units, all contractors engaged under
contracts in excess of$2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this Agreement, shall comply with
Federal requirements adopted by the City pertaining to such contracts and with the
applicable requirements of the regulations of the Department of Labor, under 29 CFR
Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees
to journey workers; provided that, if wage rates higher than those required under the
regulations are imposed by state or local law, nothing hereunder is intended to relieve the
Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted in full, in all such contracts subject to
such regulations, provisions meeting the requirements of this paragraph.
(3). "Section 3" Clause.
(A). Compliance.
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as
implemented by the regulations set forth in 24 CFR 135, and all applicable rules and
orders issued hereunder prior to the execution of this Agreement, shall be a condition of
the Federal financial assistance provided under this Agreement and binding upon the
City, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors.
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 13-21
Failure to fulfill these requirements shall subject the City, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns, to those
sanctions specified by this Agreement through which Federal assistance is provided. The
Subrecipient certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
(B). The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted
under a program providing direct Federal financial assistance from HUD
and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701). Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of the project
area, and that contracts for work in connection with the project be
awarded to business concerns that provide economic opportunities for
low- and very low-income persons residing in the metropolitan area in
which the project is located "
(C). The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public
construction project are given to low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority
should be given to low- and very low-income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low-income residents within the service area or
the neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs.
(D).The Subrecipient certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
(b). Notifications.
The Subrecipient agrees to send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, if
any, a notice advising said labor organization or worker's representative of its
commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 1 4-2 1
(c). Subcontracts.
The Subrecipient shall include this subcontractor clause in every subcontract and shall
take appropriate action pursuant to the subcontract upon a finding that the subcontractor
is in violation of regulations issued by the grantor agency. The Subrecipient shall not
subcontract with any entity where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR Part 135 and shall not let any subcontract
unless the entity has first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
(d). Conduct.
(1). Assignability.
The Subrecipient shall not assign or transfer any interest in this Agreement without the
prior written consent of the City thereto; provided, however, that claims for money due or
to become due to the Subrecipient from the City under this Agreement may be assigned
to a bank, trust company, or other financial institution without such approval. Notice of
any such assignment or transfer shall be furnished promptly to the City.
(2). Subcontracts.
(A). Approvals.
The Subrecipient shall not enter into any subcontracts with any agency or individual in
the performance of this Agreement without the written consent of the City prior to the
execution of such agreement.
(B). Monitoring.
The Subrecipient shall monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports
and supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
(C). Content.
The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of this
Agreement.
(D). Selection Process.
The Subrecipient shall undertake to ensure that all subcontracts let in the performance of
this Agreement shall be awarded on a fair and open competition basis in accordance with
applicable procurement requirements. Executed copies of all subcontracts shall be
forwarded to the City along with documentation concerning the selection process.
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 15-2 l
(3). Hatch Act.
The Subrecipient agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15, Title V, U.S.C.
(4). Conflict of Interest.
(A). The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611,
which include (but are not limited to)the following:
(i). The Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
(ii). No employee, officer or agent of the Subrecipient shall participate in the selection, or
in the award, or administration of, a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
(iii). No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to
participate in a decision-making process or gain inside information with regard to such
activities, may obtain a financial interest in any contract, or have a financial interest in
any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or
with respect to the proceeds from the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their tenure or for a
period of one (1) year thereafter. For purposes of this paragraph, a "covered person"
includes any person who is an employee, agent, consultant, officer, or elected or
appointed official of the City,the Subrecipient, or any designated public agency.
(5). Lobbying.
(A). The Subrecipient hereby certifies that:
(i). No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
(ii). If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, it shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 16-21
(iii). It shall require that the language of the lobbying certification below be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-grants,
and contracts under grants, loans, and cooperative agreements) and that all Subrecipients
shall certify and disclose accordingly:
(iv).
Lobbying Certification
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S.C. Any person who
Ails to file the required certification shall be subject to a civil penalty of
not less than $10,000.00 and not more than $100,000.00 for each such
Allure.
(6). Copyright.
If this Agreement results in any copyrightable material or inventions, the City and/or
grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or materials
for governmental purposes.
(7). Religious Activities.
The Subrecipient agrees that funds provided under this Agreement shall not be utilized
for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship,
religious instruction, or proselytization.
XI. ENVIRONMENTAL CONDITIONS.
(a). Air and Water.
(1). The Subrecipient agrees to comply with the following requirements insofar as they
apply to the performance of this Agreement:
(A). Clean Air Act,42 U.S.C. , 7401, et seq.;
(B). Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well
as other requirements specified in Section 114 and Section 308, and all regulations and
guidelines issued thereunder;
(C). Environmental Protection Agency regulations pursuant to 40 CFR Part 50, as
amended.
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 17-21
(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.
(d). Historic Preservation.
(1). The Subrecipient agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this Agreement.
(2). In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fifty years old or older or
that are included on a Federal, State, or local historic property list. The Subrecipient shall
work closely with the City's assigned personnel involving any and all historic
preservation matters and issues.
XII. SEVERABILITY.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS.
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 18-21
XIV. WAIVER.
The City's failure to act with respect to a breach by the Subrecipient does not waive its
right to act with respect to subsequent or similar breaches. The failure of the City to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
XV.ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the City and the Subrecipient
for the use of funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written
between the City and the Subrecipient with respect to this Agreement.
In Witness Whereof, the Parties have duly signed, sealed and delivered this Agreement
as of the date last signed.
Attest: City of Sanford,Florida
• Q B �
Cynthia Porter Norton i •: •.rte, Jr.
City Clerk City Manager
Date: /` •.Z• i3
Appr• +-d as to fornrmtdbLeg li :
,61 I 1
/i City Attorney /E
im
Signed, sealed and delivered in the presence of:
Attest: Brothers Keepers, Inc.
By'/ d �' 61-1 G i
Jacqueline Quinn, Vice Chairman Roslyn Re jPresidtat
Date: ! ‘/
_V__A=gZ
Oscar Redden . Secretary
argil , ,i/cA.,Atv,
.h,Oie Hanson, Treasurer
Brothers Keepers, Inc. CDBG Economic Development Grant Agreement 10.1.13 19-21
Attachment"A"
Project Description:
Repair of the roof and other minor exterior and interior repairs to include landscaping
improvements and facade improvements at 1305 Historic Goldsboro Blvd.
Scope of Services to be provided by the Program
Brothers Keepers, Inc. at its facility located at 1305 Historic Goldsboro Boulevard will
provide services to residents of Goldsboro to manage substance abuse and educate
affected family members.
(1). Provide services for the management of substance abuse and education for affected
family.
(2). Provide a community based facility that promote and provide drug education, life
skills training and temporary shelter provisions; and
(3). Serve as a one stop resource, referral and counseling center for low income persons
seeking information, education and assistance relative to substance abuse eradiation,
housing, community development, economic and business opportunities.
Brothers Keepers,Inc
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 20-21
Roof Repair and Minor Facility Improvements
CDBG Budget
Budget Line Quantity Amount
Roof Repair: remove paper roof and apply torch down roof complete 3,000
Misc: Building repairs and or landscape improvements 2,000
TOTAL $5,000.00 $5,000.00
Brothers Keepers,Inc. CDBG Economic Development Grant Agreement 10.1.13 21-21