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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 Page 10119 (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 Page 2 of 19 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 Page 3 of 19 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 Page 4 of 19 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 Page 5 of 19 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 Page 6 of 19 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 Rescue Outreach Mission of Central Florida CDBG 12.20.13 Page 7 of 19 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]. Rescue Outreach Mission of Central Florida CDBG 12.20.13 Page 8 of 19 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 Page 9 of 19 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 Page 10 of 19 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 Page 11 of 19 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 Rescue Outreach Mission of Central Florida CDBG 12.20.13 Page 12 of 19 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 Page 13 of 19 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 Page 14 of 19 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 Page 15 of 19 (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 Page 16 of 19 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 Page 17 of 19 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 Rescue Outreach Mission of Central Florida CDBG 12.20.13 Page 18 of 19 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 Rescue Outreach Mission of Central Florida CDBG 12,20.13 Page 19 of 19