1847 CDBG - Goldsboro Front Porch funding -
TRANsm[TTAL MEMORANDUM
To: City Clerk
: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order ❑ Mayor's signature
❑ Final Plat(original mylars) ❑ Recording
❑ Letter of Credit ❑ Rendering
❑ Maintenance Bond ® Safe keeping (Vault)
❑ Ordinance
❑ Performance Bond
❑ Resolution
Once completed,please:
❑ Return original
❑ Return copy
Special Instructions:
Please retain for the CDBG Community Development File—Agreement between the COS and
Goldsboro Front Porch for funding of the Youth Empowerment and Leadership Development
Academy
Please advise if you have any questions regarding the above.
Thank you!
Andrew Thomas 6/6/2017
From Date
\\SVCH-Omnicast\USERS\mcrayn\Templates\City Clerk Transmittal Memo.doc
AGREEMENT BETWEEN CITY OF SANFORD
AND
GOLDSBORO FRONT PORCH COUNCIL,INC.
FOR
FUNDING OF THE YOUTH EMPOWERMENT AND LEADERSHIP
DEVELOPMENT ACADEMY
THIS AGREEMENT made and entered this day of May 2017, 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 "Contractor") whose address is 1213 Historic Goldsboro Boulevard, Sanford,
Florida 32771.
Witnesseth:
Whereas, the City recognizes the benefit that are provided by the Contractor to the City through
its programs and services to the community and the general citizenship; and
Whereas, the City recognizes the Contractor's goal of promoting the civic interests and well-
being of the citizens in the Sanford area; and
Whereas, the Contractor has applied for funding from the City to support its mission, civic
interests and advance the public welfare of the City; and
Whereas, the Contractor and the City desire to enter into this Agreement whereby the City will
provide the Contractor with 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). Scope of Services
The contractor, in a manner satisfactory to City shall perform or cause to be performed all
services as implied, described, referred to or governed by Exhibit A, the General Scope
of Services, attached hereto and incorporated herein by reference. All work shall be
completed in compliance with all applicable City of Sanford Codes and Ordinances and
in a satisfactory and proper manner as determined by the City Manager's Office. Such
services shall be performed, except as otherwise specifically stated herein, by persons or
instrumentalities solely under the dominion and control of Contractor. The services to be
provide are as follows
• Provide leadership skills, character education, culture enrichment and overall life
skills for fifty youth ages 16-19 who are high school students that reside in the
City of Sanford or adjoining neighborhoods;
• Development and submit a detailed outline of the 24 hour 4-day training 21 days
prior to the start of the training;
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GFPC—YEIDA Summer Program 2017
• Provide job readiness, career development and a paid work experience of 20
hours per week for 8 weeks for the fifty students ;
• Provide a cultural educational day trip for the fifty students;
• Develop partnerships with local government, businesses, non-profits and faith
based organizations in the community to provide work sites for the fifty students;
• Assume full responsibility for the 10 youth being compensated through the City
grant to include maintaining time sheets and payroll processing;
• In collaboration with CareerSource of Central Florida provide day-to-day
supervision and administrative oversight of the 50 youth;
• Conduct a kickoff event for the summer employment program and at the
conclusion of the program a ceremony to recognize the students, their parents and
businesses that participated in the program; and
• Prepare and submit a closeout report within 30-days of the completion of the
program.
(b). Levels of Accomplishment—Goals and Performance Measures
The Contractor agrees the funding will be used for the Youth Empowerment and
Leadership Development Academy (YELDA) program. The Program will provide ten
(10) high school students in the City of Sanford 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 the employability of the students
• Prepare students for entering the work force and or college
• Increase parental involvement in the student's education life
• Increase students financial competency
• Reduce youth's negative contact with law enforcement and the juvenile justice
system
(c). Performance Monitoring
The City will monitor the performance of the Contractor against goals and performance
standards as stated above. Contractor performance as determined by the City will
constituted noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the Contractor within a reasonable period of time after being
notified by the City, contract suspension or termination procedures will be initiated.
I. TIME OF PERFORMANCE
This is a one-time grant. Future grants for future terms may be awarded to the Contractor
by the City, but there is no guarantee relative to future funding and the City accepts no
obligations to future funding.
Services of the Contractor shall start on the 1" day of May, 2017 and end on the 30th day
of September, 2017. The Term of this Agreement and provisions herein shall be extended
to cover any additional time period during which the Contractor remains in control of
City funds or other assets, including program income.
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GFPC—YELDA Summer Program 2017
II. BUDGET
See Exhibit `B" 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 Contractor 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 Contractor. The budget may
be modified without an amendment to the 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 Thirty Thousand dollars ($30,000.00). The funds will be
appropriated from the City of Sanford general funds. Such funds shall be provided in
accordance with the agreed upon payment schedule and documentation, see Exhibit `B".
Expenses for general administration shall be paid against the line item budgets specified
in Section VII Administrative Requirements Subpart C-2 Payment Procedures and in
accordance with performance. Payments may be contingent upon certification of the
Contractor'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 CONTRACTOR:
Vernon McQueen
Chairperson of the Board of Directors
Goldsboro Front Porch council, Inc.
1213 Historic Goldsboro Blvd
Sanford, Florida 32771
V. SPECIAL CONDITIONS
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The Contractor shall maintain its non-profit status with the appropriate agencies, federal,
state and local for the duration of this agreement.
The Contractor shall provide a written annual report to the City within thirty (30) days of
the completion of the City fiscal year, September 30th. 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
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
h. Complete Performance Measures on returning student
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/worksites
b. Sample job description for students
d. A course 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 Contractor 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 Contractor agrees to carry out each activity in compliance
with all Federal Laws and regulations in subpart K of these regulations as applicable. The
Contractor further agrees to utilize funds available under this Agreement as stipulated in
the attachment.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The Contractor 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 Contractor is an independent contractor.
C. Hold Harmless
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The Contractor 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 Contractor 's performance or nonperformance of the services or
subject matter called for in this Agreement.
D. Worker's Compensation
The Contractor shall provide Worker's Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
E. Insurance &Bonding
The Contractor 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 Contractor shall comply with the bonding and insurance requirements of
24 CFR 84.31 and 84.48, Bonding and Insurance
F. Grantee Recognition
The Contractor 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 Contractor
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 Contractor 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 Contractor 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 Contractor.
H. Suspension or Termination
In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if
the Contractor 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 other City
guidelines, policies or directives as may become applicable at any time.
2. Failure, for any reason, of the Contractor to fulfill in a timely and proper
manner its obligations under this Agreement;
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3. Ineffective or improper use of funds provided under this Agreement ; or
4. Submission by the Contractor 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 Contractor 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
The Contractor 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 Contractor 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 Contractor 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 Contractor 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 City's final annual
performance and evaluation report of the project. 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
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The Contractor 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 Contractor 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 Contractor 's responsibilities
with respect to services provided under this contract, is prohibited by the
Contractor 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 Contractor'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 Contractor has control
over City funds, including program income.
6. Audits &Inspections
All Contractor 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 Contractor within 30 days after receipt by the
Contractor. Failure of the Contractor 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 Contractor expends $500,000 or more in Federal
awards in its fiscal year, the Contractor 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 Contractor 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
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accordance with the guidelines established by OMB Circular A-133 as
revised. An audit of the Contractor 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 Contractor 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 Contractor expends
less than $500,000 in Federal awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions of OMB A-133, as
revised, the cost of the audit must be paid from non-Federal resources (i.e.
the cost of such an audit must be paid from Contractor resources obtained
from other than Federal entities).
iv. The Contractor acknowledges that the City is funding the Agreement with
City general funds.
C. Reporting and Payment Procedures
1. Program Incentive
The Contractor shall report monthly all program income (as defined at 24
CFR 570.500(a) generated by activities carried out with City funds made
available under this contract. The use of program income by the Contractor
shall comply with the requirements set forth at 24 CFR 570.504. By way of
further limitations the Contractor 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 City is not
program income and shall be remitted promptly to the City.
2. Payment Procedures
The city will pay to the Contractor funds available under this Agreement based upon
information submitted by the Contractor 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 Contractor, 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
Contractor 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
Contractor.
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3. Progress ss Reports
The Contractor shall submit Progress Reports to the City in the form, content
and frequency as required by the City.
D. Travel
1. Travel
The Contractor 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
The Contractor agrees to comply with local and state civil rights ordinances
and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title
I of the Housing and Community Development Act of 1974 as amended,
Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and
Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107
and 12086.
2. Nondiscrimination
The Contractor 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 Contractor 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
Contractor 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 Contractor 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 Contractor
to assist in the formulation of such program. The Contractor 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)
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The Contractor 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
Contractor 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 Contractor shall furnish and cause each of its own Contractor s or sub-
contractors to furnish all information and reports required hereunder and will
permit access to its books, records and accounts by the City 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 Contractor 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 Contractor'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 Contractor will, in all solicitation for advertisements for employees
placed by or on behalf of the Contractor, state that it is an Equal Opportunity
or Affirmative Action employer.
6. Subcontract Provisions
The Contractor 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 Contractor s or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Contractor 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.
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2. Labor Standards
The Contractor 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 Contractors 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 Contractor 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
Contractor and any of the Contractor's Contractors and sub-
contractors. Failure to fulfill these requirements shall subject the City,
the Contractor and any of the Contractor's Contractors and
subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is
provided. The Contractor certifies and agrees that no contractual or
other disability exists that would prevent compliance with these
requirements.
The Contractor 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. "
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The Contractor further agrees to ensure that opportunities for
training and employment arising in connection with a housing
rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project are
given to low- and very low-income persons residing within the
metropolitan area in which the CDBG —funded project is located;
where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in
which the project is located, and to low-and very low-income
participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including
reduction and abatement of lead-based paint hazards), housing
construction or other public construction project to business concerns
that provide economic opportunities 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 Contractor certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these
requirements.
b) Notifications
The Contractor 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 Contractor 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 Contractor 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 Contractor shall not assign or transfer any interest in this Agreement
without the prior written consent of the City thereto; provided, however, that
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claims for money due or to become due to the Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents
engaged in the award and administration of contracts supported by
public funds.
b) No employee, officer or agent of the Contractor shall participate in the
selection, or in the award, or administration of, a contract supported by
public funds if a conflict of interest, real or apparent, would be
involved.
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c) No covered persons who exercise or have exercised any functions or
responsibilities with respect to City—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 City-assisted activity, or
with respect to the proceeds from the City-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 Contractor, or any designated
public agency.
5. Lobbying
The Contractor hereby certifies that:
a) No public 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 City 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 Contractor s 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.
Page 14 of 17
GFPC—YELDA Summer Program 2017
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
8. Religious Activities
The Contractor agrees that funds provided under this Agreement will not be
utilized for inherently religious activities prohibited by 24 CFR 570.2000), such
as worship, religious instruction, or proselytization.
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Contractor 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 Contractor 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 Contractor 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
Page 15 of 17
GFPC—YELDA Summer Program 2017
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 Contractor 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.
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 Contractor 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 Contractor 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 Contractor with respect to this Agreement.
In Witness Whereof, the Parties have duly signed, sealed and delivered this agreement
as of the date last signed
Page 16 of 17
GFPC—YELDA Summer Program 2017
Attest: City of Sanford, Florida
Gyn
tha-Porter Norton N.�B�O��ftfte, JCity Clerk Q (3 City Mana
Approved a to form-Yrid Legality:
Date:
li L. o squ,re _
ity Attorney
Signed, sealed and delivered in the presence of:
Attest: Goldsboro Front Porch Council, Inc.
f LI
,. _....__._.._..
` By -
Willie Hooks,Vice Chairman Vernon Mc)u+, Chairman
&iL�) Date: �' 1
AlgerMiller, Secretary �—
F
r
Willie King, Treasurer
Page 17 of 17
GFPC—YELDA Summer Program 2017
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