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1624 CDBG - Goldsboro West Side Comm Historical Soc 187779 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): n Development Order I I Mayor's signature Final Plat (original mylars) n Recording n Letter of Credit n Rendering Maintenance Bond 171 Safe keeping (Vault) n Ordinance n Performance Bond Resolution Once completed, please: I I Return original n Return copy Special Instructions: Please retain for the CDBG Community Development File—HUD Community Development CDBG Agreement between the City of Sanford and Goldsboro West Side Community Historical Association Inc. for CDBG Economic Development Grant Please advise if you have any questions regarding the above. Thank you! Andrew Thomas c,� 11/15/2013 From ()L- Date \\SVCH-Omnicast\USERS\mcrayn\Templates\City Clerk Transmittal Memo.doc HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANFORD AND GOLDSBORO WEST SIDE COMMUNITY HISTORICAL ASSOCIATION,INC. FOR CDBG ECONOMIC DEVELOPMENT GRANT THIS AGREEMENT made and entered this �g day of 2013 by and between the City of Sanford, Florida (herein called the "City") a Florida Municipal Corporation whose address is City Hall, 300 North Park Avenue, Sanford, Florida 32771 and Goldsboro West Side Community Historical Association, Inc. (hereinafter called the "Subrecipient") whose address is 1213 Historic Goldsboro Avenue, 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 a decent and safe community facility to archive, maintain and discriminate historical information to the public on the history of the City of Goldsboro, Florida, from its' inception in 1891, to its annexation into the City of Sanford, Florida in Goldsboro Westside Community Historical Association 1-21 CDBG Economic Development Grant Agreement 10.8.13 1911. The museum will illustrate the struggle the residents of the City of Goldsboro encountered as the second all Negro Township in the State of Florida in obtaining their civil rights. (2). Provide outreach and educational services that support various charitable organizations in the Goldsboro Community focusing on social and human services needs regardless of race, creed, color, sex or age; and (3). Provide outreach services to the community focusing on the social economic health concerns that plague the Goldsboro and Georgetown communities. (4). Provide workshops, trainings and seminars to promote the history of Goldsboro; and educate the community on civil rights and social justice struggles that part of Sanford's history. (b). Levels of Accomplishment—Goals and Performance Measures. The Subrecipient agrees the grant funding shall be used for the purpose of replacing the air conditioning unit at Goldsboro Welcome Center located at 1216 Historic Goldsboro Boulevard. Also, to replace the awning and extend the front porch at The Goldsboro Museum located at 1211 Historic Goldsboro Boulevard. The goal of the Goldsboro Westside Community Historical Association is to preserve the history of the Goldsboro community and educate the greater Sanford community on the history of the civil rights struggles encountered. (c). Performance Monitoring The City will monitor the performance of the Subrecipient activities against the goals and performance standards as stated above. Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE. (a). This is a one-time grant. The City may award future grants for future terms to the Subrecipient, but there is no guarantee relative to future funding and the City accepts no obligations to future funding. (b). Services of the Subrecipient shall start on the 1st day of, July, 2013 and end on the 30th day of September 2014. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of Community Development Block Grant (CDBG) funds or other CDBG assets, including, but not limited to,program income. III. BUDGET. See Attachment "A" the detailed for Scope of Services and budget. Any indirect costs charged to grant must be specified and detailed. In addition, the City may require a more Goldsboro Westside Community Historical Association 2-21 CDBG Economic Development Grant Agreement 10.8.13 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 Ten Thousand Dollars $10,000.00. The funds will be appropriated from the HUD CDBG 2011-2012 allocation. Such funds shall be provided upon execution of this Agreement. If appropriate, 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: Francis Oliver Executive Director Goldsboro Westside Community Historical Association, Inc. 1211 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. Goldsboro Westside Community Historical Association 3-21 CDBG Economic Development Grant Agreement 10.8.13 (b). The Subrecipient shall provide a written annual report to the City within 45 days of the completion of HUD fiscal year, September 30. The report shall provide the following information: (1). Methods used to promote the program. (2). Copy of literature promoting the Welcome Center and Museum. (3). A list of individuals utilizing the Welcome Center and Museum to include date, name, address and contact information (4). A list of individuals that volunteer at the Welcome Center and Museum along with the hours worked and value of services. (5). A list of organizations and groups that visit the facilities and our outreach services is provided to. (6). A list of special events sponsored by the Welcome Center or Museum to promote the history of Goldsboro; educate the community on civil rights and social justice. (7). Pictures depicting before and after the work to be done on the facilities. 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 conta in ed in this Agreement is intended to, or shall be construed in any manner, er 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 Goldsboro Westside Community Historical Association 4-21 CDBG Economic Development Grant Agreement 10.8.13 of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. (d). Hold Harmless. The Subrecipient shall hold harmless, defend and indemnify the City, its officers, officials, agents and employees from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services called for in this Agreement as well as any activity or subject matter related to this Agreement in any way. (e). Workers' Compensation. The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. (f). Insurance & Bonding. (1). The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City. (2). The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. (g). City Recognition. The Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement to the satisfaction of the City's Public Information Officer. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient shall include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. (h). Amendments. (1). The parties may amend this Agreement at any time provided that any such amendment makes specific reference to this Agreement, and is executed in writing, signed by a duly authorized representative of each party and approved by the City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. (2). The City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and Subrecipient. Goldsboro Westside Community Historical Association 5-21 CDBG Economic Development Grant Agreement 10.8.13 (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. Goldsboro Westside Community Historical Association 6-21 CDBG Economic Development Grant Agreement 10.8.13 (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 Goldsboro Westside Community Historical Association 7-21 CDBG Economic Development Grant Agreement 10.8.13 is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian; provided, however,that the requirements of controlling Federal law shall be applicable in all circumstances and, in the event that Federal law does not preempt State law,the laws of Florida relating to public records shall apply. (5). 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). Goldsboro Westside Community Historical Association 8-21 CDBG Economic Development Grant Agreement 10.8.13 (D). The Subrecipient acknowledges that the City is funding this Agreement with Federal grant funding with Catalog of Federal Domestic Assistance #14.218. (E). The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Subrecipient audits and OMB Circular A-133. (c). Reporting and Payment Procedures. (1). Program Income. The Subrecipient shall report monthly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations,the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to the City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the City. (2). Indirect Costs. If indirect costs are charged, the Subrecipient shall develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City. (3). Payment Procedures. The City will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. The City in accordance with advance fund and program income balances available in Subrecipient accounts will adjust payments. In addition, the City reserves the right to liquidate funds available under this Agreement for costs incurred by the City on behalf of the Subrecipient. (4). Progress Reports. The Subrecipient shall submit regular Progress Reports to the City in the form, content, and frequency as required by the City. (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 Goldsboro Westside Community Historical Association 9-21 CDBG Economic Development Grant Agreement 10.8.13 as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement. (2). OMB Standards. Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials,property, or services in accordance with the requirements of 24 CFR 84.40-48. (3). Travel. The Subrecipient shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this Agreement. (e). Use and Reversion of Assets. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable,which include but are not limited to the following: (1). The Subrecipient shall transfer to the City any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. (2). Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000.00 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until 5 years after expiration of this Agreement [or such longer period of time as the City deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the City. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. (3). In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be: (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. Goldsboro Westside Community Historical Association 10-21 CDBG Economic Development Grant Agreement 10.8.13 IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT. The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2)that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Subrecipient also agrees to comply with applicable City ordinances, resolutions and policies concerning the displacement of persons from their residences. X. PERSONNEL & PARTICIPANT CONDITIONS. (a). Civil Rights. (1). Compliance. The Subrecipient agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973,the Americans with Disabilities Act of 1990,the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. (2).Nondiscrimination. The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974, as amended. are still applicable. (3). Land Covenants. This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subrecipient shall cause or require a 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. Goldsboro Westside Community Historical Association 11-21 CDBG Economic Development Grant Agreement 10.8.13 (4). Section 504. The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The City shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. (b).Affirmative Action. (1). Approved Plan. The Subrecipient agrees that it shall be committed to carry out pursuant to the City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The City shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. (2). Women- and Minority-Owned Businesses (W/MBE). The Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. (3). Access to Records. The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and shall permit access to its books, records and accounts by the City, HUD or its agent, 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. Goldsboro Westside Community Historical Association 12-21 CDBG Economic Development Grant Agreement 10.8.13 (5). Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. (6). Subcontract Provisions. The Subrecipient shall include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions shall be binding upon each of its own subrecipients or subcontractors. (c). Employment Restrictions. (1). Prohibited Activity. The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. (2). Labor Standards. (A). The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act(18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. (B). The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than 8 units, all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this 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. Goldsboro Westside Community Historical Association 13-21 CDBG Economic Development Grant Agreement 10.8.13 (3). "Section 3" Clause. (A). Compliance. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the City, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the City, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by this Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. (B). The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located. " (C). The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the 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. Goldsboro Westside Community Historical Association 14-21 CDBG Economic Development Grant Agreement 10.8.13 (b).Notifications. The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (c). Subcontracts. The Subrecipient shall include this subcontractor clause in every subcontract and shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient shall not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and shall not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (d). Conduct. (1). Assignability. The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto;provided, however,that claims for money due or to become due to the Subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. (2). Subcontracts. (A). Approvals. 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. Goldsboro Westside Community Historical Association 15-21 CDBG Economic Development Grant Agreement 10.8.13 (D). Selection Process. The Subrecipient shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. (3). Hatch Act. The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15, Title V, U.S.C. (4). Conflict of Interest. (A). The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to)the following: (i). The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. (ii).No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent,would be involved. (iii). No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted 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; Goldsboro Westside Community Historical Association 16-21 CDBG Economic Development Grant Agreement 10.8.13 (ii). If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (iii). It shall require that the language of the lobbying certification below be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: (iv). Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. (6). Copyright. If this Agreement results in any copyrightable material or inventions, the City and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. (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; Goldsboro Westside Community Historical Association 17-21 CDBG Economic Development Grant Agreement 10.8.13 (C). Environmental Protection Agency regulations pursuant to 40 CFR Part 50, as amended. (b). Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). (c). Lead-Based Paint. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead- based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing, risk assessment,treatment and/or abatement may be conducted. (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. Goldsboro Westside Community Historical Association 18-21 CDBG Economic Development Grant Agreement 10.8.13 XIII. SECTION HEADINGS AND SUBHEADINGS. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIV. WAIVER. The City's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the City and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Subrecipient with respect to this Agreement. In Witness Whereof, the Parties have duly signed, sealed and delivered this Agreement as of the date last signed. Attest: City of Sanfo' Florida By: Cynthia Porter Norton IMFI,Srte, Jr. City Clerk City Manager Date: N641 &, Zoe3 • .prove. as to form and a;ality: Wiliam L. Colbert - City Attorney ,j f✓ ") to / f/ I Signed, sealed and delivered in the presence of: Attest: Goldsboro Westside Community Historical Association,Inc. By fit� 1 Alg e Miller, Vice Chairman Francis ver Chairman OinA/202-) / j e Date: (Jr. An O';;: - tary Sy ster Franklin, Treasurer Goldsboro Westside Community Historical Association 19-21 CDBG Economic Development Grant Agreement 10.8.13 Attachment"A" Project Description: to increase the visibility and utilization of the Historic Goldsboro Museum and the Goldsboro Welcome Center through the intended in improvements. The Welcome Center and the Museum are cornerstones located on Historic Goldsboro Boulevard and will be instrumental in the revitalization of Boulevard as a vibrant business district. Scope of Services to be provided by the Program: (1). Provide a decent and safe community facility to archive, maintain and discriminate historical information to the public on the history of the City of Goldsboro, Florida, from its' inception in 1891, to its annexation into the City of Sanford, Florida in 1911. The museum will illustrate the struggle the residents of the City of Goldsboro encountered as the second all Negro Township in the State of Florida in obtaining their civil rights. (2). Provide outreach and educational services that support various charitable organizations in the Goldsboro Community focusing on social and human services needs regardless of race, creed, color, sex or age. (3). Provide outreach services to the community focusing on the social economic health concerns that plague the Goldsboro and Georgetown communities. (4). Provide workshops, trainings and seminars to promote the history of Goldsboro and educate the community on civil rights and social justice struggles that part of Sanford's history. Goldsboro Westside Community Historical Association 20-21 CDBG Economic Development Grant Agreement 10.8.13 Goldsboro Westside Community Historical Association, Inc. CDBG Budget Budget Line Quantity Amount Patio Awing approximately 26'-6"wide X 2' Drop X 8' Projection 1 $2,792.00 Installation of 4.0 Ton Heat Pump 9with 7.5 KW Heat Strip) 1 $6,925.00 Miscellaneous repairs and cost increase associated with the equipment N/A $283.00 to be purchased TOTAL $10,000.00 Goldsboro Westside Community Historical Association 21-21 CDBG Economic Development Grant Agreement 10.8.13