1647 CDBG/HUD Rescue Outreach Mission grant L
PF04,
In
TRANSMITTAL MEMORANDUM .a,.!
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 n Mayor's signature
Final Plat(original mylars) I I Recording
n Letter of Credit Rendering
Maintenance Bond 15<1 Safe keeping(Vault)
Ordinance
Performance Bond
Resolution
II
Once completed,please:
n 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 Rescue Outreach Mission of Central Florida,
Inc. for CDBG facilities improvement grant.
Please advise if you have any questions regarding the above.
Thank you
Andrew Thomas 3/25/14
From Date
\\SVCH-Omnicast\USERS\mcrayn\Templates\City Clerk Transmittal Memo.doc
HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AGREEMENT BETWEEN CITY OF SANFORD
AND
RESCUE OUTREACH MISSION OF CENTRAL FLORIDA,INC.
FOR
CDBG FACILITIES IMPROVEMENT GRANT
THIS AGREEMENT made and entered as of the 1 st day of January, 2014 (notwithstanding the
date of execution by the parties), 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 Rescue Outreach Mission of Central Florida, Inc. (herein called the
"Subrecipient"),whose address is 1701 Historic Goldsboro Boulevard Sanford,Florida 32771.
Witnesseth:
Whereas, the City has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act),
Public Law 93-383; and
Whereas, the City recognizes the benefit that are provided by the Subrecipient to the City
through its programs and services to the community and the general citizenship; and
Whereas, the City recognizes the Subrecipient's goal of promoting the civic interests and well-
being of the citizens in the Sanford area; and
Whereas, the Subrecipient has applied for funding from the City to support its mission, civic
interests and advance the public welfare of the City; and
Whereas,the Subrecipient and the City desire to enter into this Agreement whereby the City will
provide the Subrecipient with grant funding as set forth herein
Now, Therefore, in consideration of the promises contained herein and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
I. SCOPE OF AGREEMENT AND SERVICES PROVIDED
(a). The Subrecipient certifies that the activity carried out under this Agreement will meet
HUD National Objective of providing services that benefit low and moderate income
limited clientele and homeless individuals. The services to be provide are as follows
• Renovations, improvements and expansion of the Subrecipient's homeless
residential facility located at 1701 Historic Goldsboro Boulevard;
• Expanding residence space by 10 beds or more, to include plumbing, electrical
and flooring improvements,
• Site improvements and landscaping to grounds; and
• Expanding office space for client case management/counseling and other essential
direct services
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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(b). Levels of Accomplishment—Goals and Performance Measures
The Subrecipient agrees that the grant funding will be used for renovation and expansion
of the Subrecipient's 2 shelters; a men's shelter that has accommodations of 48 beds and
a women's shelter which houses both women and children and accommodate up to 36
individuals. The Subrecipient's homeless facility also has 2 kitchens and provides 3
meals a day 7 days a week for the homeless and needy in the City of Sanford. Through
the variety of comprehensive services provided,the Subrecipient strives to move clients -
whether individuals or families -out of crisis and onto the path of self-sufficiency.
Performance Measures:
• The number of individuals and families sign in and use the resources and facilities
of the Subrecipient;
• The number of individuals/meals served in he programs of the Subrecipient;
• The number of individuals/families assisted through the support services provide
by the Subrecipient;
• The number of individuals/families assisted with finding employment and to.
move into permanent housing; and
• The Subrecipient's partnership with employment agencies
(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
constituted noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the Subrecipient within a reasonable period of time after
being notified by the City, contract suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
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.
Services of the Subrecipient shall start on the 1St day of January, 2014 and end on the 30th
day of September, 2014. The Term of this Agreement and provisions herein shall be
extended to cover any additional time period during which the Subrecipient remains in
control of CDBG funds or other assets,including program income.
III. BUDGET
See attachment"A" for 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 Seventy Thousand Dollars ($70,000.00). The funds will
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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be appropriated from the Department of Housing and Urban Development Community
Development Block Grant 2011-2012 allocation. Such funds shall be provided in
accordance with the agreed upon payment schedule and documentation. Expenses for
general administration shall be paid against the line item budgets specified in Paragraph
II and in accordance with performance. Payments may be contingent upon certification of
the Subrecipient's' financial management system in accordance with the standards
specified in 24 CFR 84.21.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery
or sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified
by subsequent written notice.
Communication and details concerning this contract shall be directed to the following
contract representatives:
As to the City:
Norton N. Bonaparte, Jr.
City Manager
City Hall
300 North Park Avenue
Sanford, Florida 32771
As to the Subrecipient:
Andrew J. Powell
Executive Director
1701 Historic Goldsboro Boulevard
Sanford,Florida 32771
VI. SPECIAL CONDITIONS
The Subrecipient shall maintain its non-profit status with the appropriate agencies,
federal, state and local for the duration of this agreement.
The Subrecipient shall provide a written annual report to the City within 30 days of the
completion of HUD fiscal year, September 30t. The report shall include, but not be
limited to, the following information:
a. Summary of the program performances and highlights to include;
a. Scope and cost of work completed;
b. Number of individuals assisted by the Subrecipient during the past
year;
c. How the expansion of the facilities enhanced the services of the
Subrecipient;
d. List of services provide by the Subrecipient;
e. Number of individuals utilizing the Subrecipient's facilities on a daily
bases; and
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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f. The number of individuals successfully assisted by the Subrecipient
with becoming self-sufficient.
b. A financial report and inventory of equipment purchased
VII. GENERAL CONDITIONS
(a). General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulation
concerning Community Development Block Grants (CDBG) OMB administrative
policies and procedures. The Subrecipient further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available.
(b). "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as crating or establishing the relationship of employer/employee between the parties.
The Subrecipient shall at all times remain an"independent contractor"with respect to the
services to be performed under this Agreement. The City shall be exempt from payment
of all Unemployed Compensation, FICA, retirement, life and/or medical insurance and
Workers' Compensation Insurance, as the Subrecipient is an independent contractor.
(c). Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the City, it's officials, agents
and employees from any and all claims, actions, suits, charges and judgments whatsoever
that arise out of the Subrecipient's performance or nonperformance of the services or
subject matter called for in this Agreement.
(d). Worker's Compensation
The Subrecipient shall provide Worker's Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
(e). Insurance&Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
blanket fidelity bond covering all employees in an amount equal to cash advances from
the Grantee. The Subrecipient shall comply with the bonding and insurance requirements
of 24 CFR 84.31 and 84.48,Bonding and Insurance
(f). Grantee Recognition
The Subrecipient shall insure recognition of the role of the City in providing services
through this Agreement. All Activities, facilities and interns utilized pursuant to this
Agreement shall be prominently label as to funding source; In addition, the Subrecipient
will include a reference to the support provided herein in all publications made possible
with funds made available under this Agreement.
(g). Amendments
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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The City or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
City's governing body. Such amendments shall not invalidate this Agreement, nor relieve
or release the City or Subrecipient from its obligations under this Agreement.
The City may, in its discretion amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both City and Subrecipient.
(h). Suspension or Termination
In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if
the Subrecipient materially fails to comply with any terms of this Agreement, which
include (but are not limited to), the following:
1. Failure to comply with any of the rules, regulations or provisions referred
to herein, or such statutes, regulation, executive orders, and HUD
guidelines,policies or directives as may become applicable at any time.
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the City reports that are incorrect or
incomplete in any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for
convenience by either the City or the Subrecipient in whole or in part by setting forth the
reasons for such termination, the effective date, and,in the case of partial termination,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.
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 OMB
Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21,
"Cost Principles for Educational Institutions," as applicable. These principles
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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shall be applied for all costs incurred whether charged on a direct or indirect
basis.
(b). Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506 that are pertinent to the activities to be funded under
this Agreement. Such records shall include but not be limited to:
i. Records providing a full description of each activity undertaken;
ii. Financial records as required by 24 CFR 570.502, and 24 CFR
84.21-28; and
2. Retention
The Subrecipient shall retain all financial records, supporting documents,
statistical records, and all other records pertinent to the Agreement for a period of
four (4) years. The retention period begins on the date of the submission of the
City's annual performance and evaluation report to HUD in which the activities
assisted under the Agreement are reported on for the final time. Notwithstanding
the above, if there is litigation, claims, audits, negotiations or other action that
involve any of the records cited and that have started before the expiration of the
actions and resolution of all issues, or the expiration of the four year period
whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available to City monitors or
their designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under this contract
is private and the use or disclosure of such information, when not directly
connected with the administration of the City's or Subrecipient's responsibilities
with respect to services provided under this contract, is prohibited by the
Subrecipient unless written consent is obtained from such person receiving
service and in the case of a minor, that of a responsible parent/guardian; provided
however, that the requirements of controlling Federal law shall be applicable in
all circumstances and, in the even that Federal Law does not preempt State law,
the laws of Florida relating to public records shall apply.
5. Close-outs
The Subrecipient's obligation to the City shall not end until all closeout
requirements are completed. Activities during this close out period shall include
but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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program income balances, and accounts receivable to the City), and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has
control over CDBG funds, including program income.
6. Audits &Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the City, grantor agency, and the Comptroller General
of the United States or any of their authorized representatives, at any time during
normal business hours, as often as deemed necessary, to audit, examine, and make
excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports
must be fully cleared by the Subrecipient within 30 days after receipt by the
Subrecipient. Failure of the Subrecipient to comply with the above audit
requirements will constitute a violation of this contract and may result in the
withholding of future payments. 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 Incentive
The Subrecipient shall report monthly all program income (as defined at 24
CFR 570.500(a) generated by activities carried out with CDBG funds made
available under this contract. The use of program income by the Subrecipient
shall comply with the requirements set forth at 24 CFR 570.504. By way of
further limitations the Subrecipient may use such income during the contract
period for activities permitted under this contract and shall reduce requests for
additional funds by the amount of any such program income balance on hand.
All unexpended program income shall be returned to the City at the end of the
contract period. Any interest earned on cash advances from the U.S. Treasury
and from funds held in a revolving fund account is not program income and
shall be remitted promptly to the City.
2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the City for approval, in a
form specified by the City.
3. Payment Procedures
The city will pay to the Subrecipient funds available under this Agreement based
upon information submitted by the Subrecipient and consistent with any approved
budget and City policy concerning payments.With the exception of certain advances,
payments will be made for eligible expenses actually incurred by the Subrecipient,
and not to exceed actual cash requirements.Payments will be adjusted by the City in
accordance with advance fund and program income balances available in
Subrecipient accounts. In addition, the City reserves the right to liquidate funds
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available under this contract 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.
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. In all cases in which equipment acquired, in whole or in part, with
funds under this Agreement is sold, the proceeds shall be program
income (prorated to reflect the extent to that funds received under this
Agreement were used to acquire the equipment). Equipment not
needed by the Subrecipient for activities under this Agreement shall be
(a) transferred to the City for the CDBG program or (b) retained after
compensating the City [an amount equal to the current fair market
value of the equipment less the percentage of non-CDBG funds used
to acquire the equipment].
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IX. PERSONNEL &PARTICIPANT CONDITIONS
(a), Civil Rights
1. Compliance
The Subrecipient agrees to comply with local and state civil rights ordinances
and with Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the
Civil Rights Act of 19689 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 contract opportunities laws, regulations, and executive orders
referenced in 24 CFR 570.607, as revised by Executive Order 13279. The
applicable non-discrimination provisions in Section 109 of the HCDA are still
applicable.
3. 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.0 794), 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 will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum •
practicable opportunity to participate in the performance of this contract. As
used in this contract the terms "Small Business" means a business that meets
the criteria set forth in section 3(a) of the Small Business Act, as amended (15
U.S.C. 632) and "minority and women's business enterprise" means a
business at least fifty-one (51) percent owned and controlled by minority
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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group members or women. For the purpose of this definition, "minority group
members" are African-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 sub-
contractors to furnish all information and reports required hereunder and will
permit access to its books, records and accounts by the City,HUD or its agent,
or other authorized Federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or worker's representative of the Subrecipient's
commitment's hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
S. Equal Employment Opportunity and Affirmative Action(EEO/AA) Statement
The Subrecipient will, in all solicitation for advertisements for employees
placed by or on behalf of the Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VII A, Civil
Rights, and VIII B, Affirmative Action, in every subcontract or purchase
order, specifically or by reference, so that such provisions will be binding
upon each of its own subrecipients or subcontractors.
(c). Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities;
inherently religious activities; lobbying; political patronage; and nepotism
activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act is amended, the provision 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
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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Agreement. Their Subrecipient agrees to comply with the Copeland Anti-Kick
Back Act (18 U.S.C. 874 et seq.) and its implementing regulation 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.
3. "Section 3" Clause
a) Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968,
as amended and as implemented by the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the
execution of this contract, shall be a condition of the Federal financial
assistance provided under this contract and binding upon the City, the
Subrecipient and any of the Subrecipient's subrecipients and sub-
contractors. Failure to fulfill these requirements shall subject the City,
the Subrecipient and any of the Subrecipient's subrecipients and
subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is
provided. The Subrecipient certifies and agrees that no contractual or
other disability exists that would prevent compliance with these
requirements.
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 locate."
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;
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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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 to low-and very low- income
residents within the service area or the neighborhood in which the
project is located, and to low- and very low-income participants in
other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these
requirements.
b) Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contact or understanding if any, a notice advising
said labor organization or worker's representative, of its commitments
under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
c) Subcontracts
The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of
regulations issued by the grantor agency. The Subrecipient will not
subcontract with any entity where it has notice or knowledge that the
latter has been found in violation of the regulations under 24 CFR Part
135 and will not let any subcontract unless the entity has first provided
it with a preliminary statement of ability to comply with the
requirements of these regulations.
(d). Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the City thereto; provided, however, that
claims for money due or to become due to the Subrecipient from the City
under this contract may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the City.
2. Subcontracts
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a) Approvals
The Subrecipient shall not enter into any subcontracts with any agency
or individual in the performance of this contract without the written
consent of the City prior to the execution of such an agreement
b)Monitoring
The Subrecipient will monitor all subcontracted services on a regular
basis to assure contract compliance. Results of monitoring efforts shall
be summarized in written reports and supported with documented
evidence of follow-up actions taken to correct areas of noncompliance.
c)Content
The Subrecipient shall cause all of the provisions of this contract in its
entirety to be included in and made a part of any subcontract executed
in the performance of this Agreement.
d) Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open
competition basis in accordance with applicable procurement
requirements. Executed copies of all subcontracts shall be forwarded to
the Grantee along with documentation concerning the selection process.
3. Hatch Act
The Sub Recipient agrees that no funds provided, nor personnel employed
under this Agreement, shall be in any way or to any extent engaged in the
conduct of political activities in violation of Chapter 15 of Title V of the
U.S.C.
4. Conflict of Interest
The Sub Recipient agrees to abide by the provisions of 24 CFR 84.42 and
570.611,which include(but are not limited to)the following:
a) The Subrecipient shall maintain a written code or standards of conduct
that shall govern the performance of its officer, employees or agents
engaged in the award and administration of contracts supported by
Federal funds.
b) 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.
c) 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
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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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
The Subrecipient hereby certifies that:
a) 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 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;
b) 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 will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions; and
c) It will require that the language of paragraph(d) of this certification 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:
d) 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 and not more than $100,000 for
each such failure.
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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7. Copyright
If this contract results in any copyrightable material or inventions, the City and/or
grantor agency reserves the right to royalty-free, non-exclusive and irrevocable
license to reproduce, publish or otherwise use and to authorize others to use, the
work or materials for governmental purposes
8. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be
utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such
as worship, religious instruction, or proselytization.
X. ENVIRONMENTAL CONDITIONS
(a). Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply
to the performance of this Agreement:
- Clean Air Act, 42 U.S.C.,7401, et seq.;
- Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in said Section 114 and
Section 308, and all regulations and guidelines issued thereunder;
- Environmental Protection Agency(EPA) regulations pursuant to 40 CFR Part
50, as amended
(b). Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified
by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
(c). Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint
Regulations at 24 CFR 570.608, and 24CFR 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.
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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(d). Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, state, or local historic property list.
XI SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
XII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this agreement.
XIII. WAIVER
The City's failure to act with respect to a breach by the Subrecipient does not waive its
right to act with respect to subsequent or similar breaches. The failure of the City to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
XIV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the City and the Subrecipient
for the use of funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written
between the Grantee and the Subrecipient with respect to this Agreement.
In Witness Whereof, the Parties have duly signed, sealed and delivered this agreement
as of the date last signed
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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Attest: City of S anfard,Florida
C\e-A-Le--
6 B y: N
Cynthia Porter Norton N.Bonaparte,-Jr.
City Clerk City Manager
Approv-d as to feataltt Legal t .
,�I-C��`,�MIO %/ Date:
/ William L. Colbe ,Es•
City Attorney k/O7 '� �- 645-0
Signed,sealed and delivered in the presence of:
Re: u: Outreach Mission of Central
orida i c.
AIL
Julia Star ing;Vice Chairman J - '='ckaryo is, C airman
Date:
Scott Nelson,Treasurer
Rescue Outreach Mission of Central Florida CDBG 12.20.13
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Attachment A
Scope of Work and Budget
The scope of work included in the site development package for the Rescue Outreach Mission
Addition and Renovation project includes the installation of erosion and sediment control,
protection of endangered trees and shrubs, demolition of a drainage flume and some sidewalks,
clearing, grubbing and grading in the building addition and site improvement areas, installation
of storm drainage piping, relocation of playground equipment and surrounding wood fence,
installation of sub-base course and asphalt for three new parking spaces,installation of
associated pavement striping,wheel stops and signage, construction of new concrete sidewalks
and pads, installation of an ornamental mental fence,modification of the irrigation system, and
installation of sod and landscaping.
Total Cost=$70,000.00
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gig COLLAGE COST SUMMARY
(, G ,: , T R U C i I C R
PROJECT- RESCUE OUTREACH MISSION SITE WORK
LOCATION- SANFORD,FLORIDA
SQUARE FEET--12,265
ESTIMATOR- LEE CORCORAN DATE- 12-Dec-13
COST LABOR MATERIAL/SUB
CODE DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL TOTAL COST
DIV-1 GENERAL CONDITIONS
01211 PROJECT SUPERINTENDENT 2 WKS 1,800 3,600 0 0 3,600
DIV-2 SITEWORK = •
02120 SITE DEMOLITION 1 LS 0 0 5,000 5,000
02200 SITE GRADING 1 LS 0 0 10,000 10,000
02612 PARKING SUBBASE&BASE 1 LS 0 0 2,500 2,500
02626 ASPHALT PAVING 1 LS 0 0 2,500 2,500
02632 SITE CONCRETE WALKS 1 LS 0 0 2,000 2,000
02671 PARKING SIGNS&STRIPING 1 LS 0 0 250 250
02710 WOOD FENCE&GATE 1 LS 0 0 700 700
02850 IRRIGATION 1 LS 0 0 1,000 1,000
02715 ORNAMENTAL METAL FENCE 1 LS 0 0 19,737 19,737
02830 SOD 1 LS 0 0 7,000 7,000
02810 LANDSCAPING 1 LS 0 0 5,000 5,000
02810 RELOCATE PLAYGROUND 1 LS 0 0 5,829 5,829
COST SUMMARY
SUBTOTAL 65,116
18100 OVERHEAD&PROFIT(7.5%) 4,884
TOTAL #REFI $ 70,000
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