1659 CDBG/HUD- Goldsboro Front Porch, Inc. /0/
HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT BETWEEN CITY OF SANFORD
AND
GOLDSBORO FRONT PORCH COUNCIL INC.
FOR
CDBG PUBLIC SERVICES GRANT
THIS AGREEMENT made and entered this27Yf'day of M1*014, between the City of Sanford,
Florida (herein called the "City") a Florida Municipal Corporation whose address is City Hall,
300 North Park Avenue, Sanford, Florida 32771 and Goldsboro Front Porch Council Inc. (herein
called the "Subrecipient") whose address is 1213 Historic Goldsboro Boulevard Sanford,
Florida 32771.
Witnesseth:
Whereas, the City has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act),
Public Law 93-383; and
Whereas, the City recognizes the benefit that are provided by the Subrecipient to the City
through its programs and services to the community and the general citizenship; and
Whereas, the City recognizes the Subrecipient's goal of promoting the civic interests and well-
being of the citizens in the Sanford area; and
Whereas, the Subrecipient has applied for funding from the City to support its mission, civic
interests and advance the public welfare of the City; and
Whereas, the Subrecipient and the City desire to enter into this Agreement whereby the City will
provide the Subrecipient with grant funding as set forth herein
Now, Therefore, in consideration of the promises contained herein and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
(a). The Subrecipient certifies that the activity carried out under this Agreement will meet
HUD National Objective of; providing services that benefit low and moderate income
Limited Clientele. The services to be provide are as follows
• Provide leadership skills, character education, culture enrichment and overall life
skills for forty high-school and first year college students;
• Provide job readiness, career development and a paid work experience for forty
high-school and first year college students ;
• Provide an educational and career trip for the students
• Develop partnerships with local government and businesses in the community to
provide work sites for the forty students;
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GFPC—YELDA Program 2013-2014 Agreement
• Recruit mentors to mentor the students;
• Conduct an event at the conclusion of the program to recognize the students, their
parents and businesses that participated in the program; and
• Prepare an assessment of the performances Measures for year one and two of the
program.
(b). Levels of Accomplishment—Goals and Performance Measures
The Subrecipient agrees the grant funding will be used for the Youth Empowerment and
Leadership Development Academy (YELDA) program. The Program will provide forty-
three (43) low and moderate income high school and first year college students in the
CDBG target area of Goldsboro with leadership skills, character education,job readiness,
work experience, cultural enrichment, money management, career development and
overall life skills to assist them in becoming caring, productive and contributing members
of society.
Performance Measures:
• Raise education performance of the students
• Prepare students for entering the work force and or college
• Increase students study habits
• Increase parental involvement in the student's education life
• Increase student's graduation rate
(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.
TIME OF PERFORMANCE
This is a one-time grant. Future grants for future terms may be awarded to the
Subrecipient by the City, but there is no guarantee relative to future funding and the City
accepts no obligations to future funding.
Services of the Subrecipient shall start on the 1st day of June, 2013 and end on the 30`h
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.
II. BUDGET
See Appendix "A" Scope of Services and budget. Any costs charged to grant must be
specified and detailed. In addition, the City may require a more detailed budget
breakdown than the one contained herein, and the Subrecipient shall provide such
supplementary budget information in a timely fashion in the form and content prescribed
by the City. Any amendments to the budget must be approved in writing by both the City
and the Subrecipient. The budget may be modified without an amendment to the
Agreement.
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GFPC—YELDA Program 2013-2014 Agreement
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the City under
this Agreement shall not exceed Fifty-Three Thousand Forty dollars ($53,040.00). The
funds will be appropriated from the Department of Housing and Urban Development
Community Development Block Grant 2013-2014 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.
IV. 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 CITY:
Norton N. Bonaparte Jr.
City Manager
City Hall
300 North Park Avenue
Sanford, Florida 32771
As to SUBRECIPIENT:
Vernon McQueen
Chairperson of the Board of Directors
1213 Historic Goldsboro Blvd
Sanford, Florida 32771
V. SPECIAL CONDITIONS
The Subrecipient shall maintain its non-profit status with the appropriate agencies,
federal, state and local for the duration of this agreement.
The Subrecipient shall provide a written annual report to the City within thirty (30) days
of the completion of HUD fiscal year, September 30`h. The report shall include but not
limited to the following information:
a. Summary of the program performances and highlights to include;
a. How the program was advertised and where
b. Process to advertise and hire program coordinator
c. How many students applied for the program
d. How students were screened and selected and
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GFPC—YELDA Program 2013-2014 Agreement
e. The criteria used to select students
f. Number of returning students from prior years
g. Challenges the program encounter and how they were addressed
b. A list of youth participating in the program by name, address, grade level, age,
gender, race , and ethnicity;
a. Sample of work agreement/contract with the students
c. A list of work sites with addresses and nature of work experience;
a. Sample Agreement with business
b. Sample job description for students
d. A workshop curriculum and schedule of specific class/workshop topic and
instructor;
a. Location of classes/workshops
b. Attendance at each session
e. A financial report
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulation
concerning Community Development Block Grants (CDBG) OMB administrative
policies and procedures. The Subrecipient agrees to carry out each activity in compliance
with all Federal Laws and regulations in subpart K of these regulations as applicable. The
Subrecipient further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
B. "Independent 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
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GFPC—YELDA Program 2013-2014 Agreement
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
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.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
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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
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
six (6) 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
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GFPC—YELDA Program 2013-2014 Agreement
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 close-out
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,
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.
i. In the event that the Subrecipient expends $500,000 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, will
meet the requirements of this part.
ii. 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.
iii. If the Subrecipient expends less than $500,000 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 in Federal awards in its fiscal year and elects
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GFPC—YELDA Program 2013-2014 Agreement
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).
iv. The Subrecipient acknowledges that the City is funding the Agreement
with Federal grant funding with Catalog of Federal Domestic Assistance#
14.218.
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. 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. Advance payments will be documented
with copy of checks, time sheets, invoices and receipts. 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
available under this contract for costs incurred by the City on behalf of the
Subrecipient.
3. Progress Reports
The Subrecipient shall submit regular Progress Reports to the City in the
form, content and frequency as required by the City.
D. Travel
1. Travel
The Subrecipient shall obtain written approval from the City for any travel
outside the metropolitan area with funds provided under this Agreement.
VIII. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
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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
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
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GFPC—YELDA Program 2013-2014 Agreement
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.
5. 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
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
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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;
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
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GFPC—YELDA Program 2013-2014 Agreement
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
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
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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
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
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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.
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
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GFPC—YELDA Program 2013-2014 Agreement
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.
IX. 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.
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.
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GFPC—YELDA Program 2013-2014 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.
X. 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.
XI. 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.
XII. 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.
XIII. 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
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GFPC—YELDA Program 2013-2014 Agreement
Attest: City of Sanford, Florida
By:
-eynthierPeAer- Norton N. Bdna arte, Jr.
1J City Clerk City Manager—
.`-4l_ BMA_ __ Date: 07. //
1 li'L' rt, Esquire
City Attorney 2tAbj/1 ill'62?
Signed, sealed and delivered in the presence of:
Attest: Goldsb ro Front Porch Council Inc.
By
Willie soks, Vice Chairm• Vernon McQu en, Chairman
/' Z
Date: 5722
lgerin/ iller, Secretary
jf",.- VL
Willie King,Ty 11117 r
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GFPC—YELDA Program 2013-2014 Agreement
Appendix A
BUDGET FOR GOLDSBORO FRONT PORCH COUNCIL, INC. - YELDA
PROGRAM
2014 — 2015 Program Year
$53,040.00 Allocation for 43 Students
LINE ITEM FUNDS
43 Students Wages (Stipend) $41,769.00
Educational trip and career day trip (Bus, $1,350.00
insurance and food for 43 students plus 4
chaperons )
End of program Awards event (facility, $ 450.00
refreshments, and awards.
Insurance for students $ 600.00
Sub-Total $44,196.00
Admin Cost 20% $8,839.20
Total Budget $53,035.20
Detailed listing that itemize how these line items will be utilized
Students Wages/Stipend -$41,796.00—Forty-three students working 12 hours per week for 9 weeks at
$9.00 per hour
Student educational and Career Day Trips-$1350.00—Day trip to an area college/university and a day
trip to a major business in the greater Sanford area
End of program Awards event- $450.00—End of program awards and recognition event for students,
parents and businesses
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GFPC—YELDA Program 2013-2014 Agreement
Educ.Trips/Training- $1,350.00- Educational/Cultural trips will be planned for the students.
(TBD)
Students will participate in a minimum of two (2)trainings (TBD)
Insurance for Students-$600- This insurance is required for students that will be participating in the
program
Total Direct Cost+$44,196.00
Administration -20% $8,839.20- Administration dollars will be used to cover indirect cost in the
program e.g.
Program Coordinator
Program Assistant
Booking/payroll expenses
Office Supplies/postage
Building supplies/maintenance
Telephone/communication
Copying/Printing
Equipment lease and maintenance
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GFPC—YELDA Program 2013-2014 Agreement