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1953 Goldsboro Front Porch (copy)TRANSMITrAL 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): F-1 Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution El Once completed, please: ❑ Return original ❑ Return copy EJ Special Instructions: F] Mayor's signature ❑ Recording ❑ Rendering Z Safe keeping (Vault) Agreement between the City of Sanford and the Goldsboro Front Porch Council re: The Goldsboro's Farmers Market Please advise if you have any questions regarding the above. Thank you! -30-4-0 From Date \\SVCH-Omnicast\USERS\mcrayn\Tcmplates\City Clerk 'l-ransmittal Memo.doc 10 CITY OF SANFORD/GOLDSBORO FRONT PORCH COUNCIL, INC. GOLDSBORO FARMERS MARKET AGREEMENT This Agreement made and entered this �40j day of July, 2018 (notwithstanding the date of signature hereof) 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 benefits 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 is a partner in the Goldsboro Transformation Plan and.support its mission, civic interests and advance the public welfare of the City; and Whereas, the Goldsboro community is a designated "food desert" by the USDA; and Whereas, the Goldsboro farmers market was identified as a doing while planning initiative in the Goldsboro Choice Neighborhood Initiative; and Whereas, the funds for the services to be rendered has been set -a -side in the Goldsboro Choice Neighborhoods Initiative budget; and Whereas, the Contractor and the City desire to enter into this Agreement whereby the City shall 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: SECTION 1. SCOPE OF SERVICES. (a). The Contractor, in a manner satisfactory to City, shall perform or cause to be performed all services as implied, described, referred to as set forth in this Section. (b). All work shall be completed in compliance with all applicable City codes and ordinances and in a satisfactory and proper manner as determined by the City Manager, or designee(s). Such services shall be performed, except as otherwise specifically stated herein, by persons or instrumentalities solely under the dominion and control of Contractor. (c). The services to be provided are as follows: (1). The Contractor shall use the funds to continue to stabilize the Goldsboro farmers market inthe Goldsboro community to increase access to fresh fruits and vegetables. 11 Page (2). The Caiftwtor shall pwmote the Goldsboro farmers market as an economic development opportunity for the Goldsboro community, where local residents sell their own grown produce for its community. (3). The Contractor shall subcontract with Florida Department of Health Department in Seminole County to retain the current part-time Goldsboro farmers market coordinator to coordinate the Goldsboro farmers market activities. (4). The Contractor shall develop a partnership with neighborhood growers, crafters, novelty Contractors and other appropriate licensed Contractors to participate in the Goldsboro farmers market: (i). Assist with Goldsboro farmers market promotion activities. (ii). Secure needed supplies. (iii). Prepare sales and client reports. (iv). Set up and break down the Goldsboro farmers market. (5). The Contractor shall finalize negotiations with Allen Chapel AME Church for the use of its parking lot at 1226 Historic Goldsboro Boulevard one afternoon a week to host the Goldsboro farmers market; (6). The Contractor shall establish an advisory committee to assist with identifying best practices for the Goldsboro farmers market and screening of vendors; and (7). Prepare and submit a closeout report within 30 -days of the completion of the program. SECTION 2. LEVELS OF ACCOMPLISHMENT; GOALS AND PERFORMANCE MEASURES AND MONITORING. (a). The Contractor shall be use all funding for the Goldsboro farmers market. The objective of the Goldsboro farmers market is to increase access to locally grown fresh and affordable healthy foods. (b). Performance measures shall be as follows: (1). Complete transfer of ownership of the Goldsboro farmers market to the Contractor with all operations, administration and control being assumed by the Contractor. (2). Finalize agreement with Allen Chapel AME Church for the use of its parking lot (located at 1226 Historic Goldsboro Boulevard) by the Contractor and securing ground treatment for the lot in accordance with sound development standards and principles. 2 1 f ' ,, g, e, (3). Increasing the number of local vendors at the Goldsboro farmers market, focusing on those selling fruits, vegetables and healthy food options. (4). Continue to work towards obtaining EBT/SNAP benefits for patrons of the Goldsboro farmers market. (5). Assist potential vendors with obtaining the proper licensing to participate in the Goldsboro farmers market. (6). Increase customer traffic and patronage at the Goldsboro farmers market. (7). Continue to build upon and improve marketing efforts for the benefit of the Goldsboro farmers market. (8). Creation of an advisory council to support the Goldsboro farmers market. (c). The City shall monitor the performance of the Contractor against goals and performance standards as stated above, Contractor performance as determined by the City shall constituted noncompliance with this Agreement. If action to correct 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 shall be initiated. SECTION 3. TIME OF PERFORMANCE. (a). 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. (b). Services of the Contractor shall start on July 1, 2018 (notwithstanding the date of signature hereof) and end on the September 30, 2018. (c). 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. SECTION 4. BUDGET. (a). The Exhibit to this Agreement constitutes the binding budget of the Contractor with the funds provided by the City to the Contractor. 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. (b). 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. 3 1 f" (? g e SECTION S. PAYMENT; FUNDING. (a). It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed the total sum of Twelve Thousand Seven Hundred Dollars ($12,700.00.). (b). The funds shall be appropriated from the City match funds for the Goldsboro Choice Neighborhood Initiative. Such funds shall be provided in accordance with the agreed upon payment schedule and documentation as determined by the City. I (c). 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. SECTION 6. NOTICES. (a). Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. (b). Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. (c). 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. (1). As to City: Norton N. Bonaparte Jr. City Manager City Hall 300 North Park Avenue Sanford, Florida 32771 (2). As to Contractor: Vernon McQueen Chairperson of the Board of Directors Goldsboro Front Porch council, Inc. 1213 Historic Goldsboro Boulevard Sanford, Florida 32771 4 SECTION 7. SPECIAL CONDITIONS. (a). The Contractor shall maintain its non-profit status with the appropriate agencies, -federal, state and local for the duration of this agreement. (b). The Contractor shall provide a written annual report to the City within 30 days of the completion of the City fiscal year, September 30th. The report shall include but not limited to the following information: (1). Summary of the program performances and highlights to include: (2). How the program was advertised and where. (3). Process to advertise and recruit Contractors. (4). How many vendors applied for the program. (5). How vendors were screened and selected. (6). The criteria used to select vendors. (7). Challenges the program encounter and how they were addressed. (8). Estimated number of patrons each week. (9). A list of vendors participating in at Goldsboro farmers market by name and address. (10). Sample of agreements with vendors participating. (11). Verification of hold harmless agreements with vendors. (12). A financial report in a form approved by the City. SECTION 8. GENERAL CONDITIONS. (a). The Contractor shall 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 shall carry out each activity in compliance with all Federal Laws and regulations in subpart K of these regulations as applicable. The Contractor shall utilize funds available under this Agreement as stipulated in the attachment. (b), 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. (c). 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. (d). 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. (e). The Contractor shall provide Worker's Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. (f). 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. (g). The Contractor shall ensure recognition of the role of the City in providing services through this Agreement as required by the City. All activities, facilities and interns utilized pursuant to this Agreement shall be prominently label as to funding source; In addition, the Contractor shall include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. (h). 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. (i). 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 shall be incorporated only by written amendment signed by both City and Contractor. 0). 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: 6 1 11 a Ig e,, (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; (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. (k). 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 shall not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. SECTION 9. ADMINISTRATIVE REQUIREMENTS. (a). Financial Management. (1). Accounting Standards. The Contractor shall comply with 24 CFR 84.21-28 and shall 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,- Public Records. (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 affill description of each activity undertaken; and (ii). Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28. (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, 7 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 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. (i). 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 shall constitute a violation of this contract and may result in the withholding of future payments. (ii). 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 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, shall meet the requirements of this part. 8 (iii). In connection with the audit requirements of the City imposed by various requirements, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. (iv). 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). (v). The Contractor acknowledges that the City is funding the Agreement with City general funds. (7). Public Records. (i). IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTE'S, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK. AVENUE, SANFORD, FLORIDA 32771, TRACLHOUCHIN a7SANFORDFL.GOV. (ii). In order to comply with Section 119.0701, Florida Statutes, public records laws, the Contractor must: (A). Deep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (B). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (C). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (D). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. . :; t (iii). If the Contractor does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement. (iv). Failure by the Contractor to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. The Contractor shall promptly provide the City with a copy of any request to inspect or copy public records in possession of the Contractor and shall promptly provide the City with a copy of the Contractor's response to each such request. (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 shall 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 shall be made for eligible expenses actually incurred by the Contractor, and not to exceed actual cash requirements. Advance payments shall be documented with copy of checks, time sheets, invoices and receipts. Payments shall 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 Linder this contract for costs incurred by the City on behalf of the Contractor. (3). Progress Reports. The Contractor shall submit Progress Reports to the City in the form, content and frequency as required by the City. (d). Travel. The Contractor shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this Agreement. SECTION 10. PERSONNEL & PARTICIPANT CONDITIONS. (a). Civil Rights. (1). Compliance. The Contractor shall 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 1.968 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. 10 1 f, 2 C, (2). Nondiscrimination. The Contractor shall 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 shall 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. (4). Affirmative Action. (i). 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. (ii). Women — and Minority —Owned Businesses (W/MBE). The Contractor shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this 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. (iii). Access to Records. The Contractor shall furnish and cause each of its own contractors or subcontractors to furnish all information and reports required hereunder and shall 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. (iv). Notifications The Contractor shall. send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Contractor's commitment's hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 111 P, �_'l "_, - (v). Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The Contractor shall, 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. (vi). Subcontract Provisions. The Contractor shall include the provisions of this Agreement relating to Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions shall be binding upon each of its own Contractor s or subcontractors. (b). 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. (2). Labor Standards. The Contractor shall 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. The Contractor shall comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and implementing regulations 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. t3). "Section 3" Clause. (i). 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 subcontractors. 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 shall 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 Contractor shall 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. (ii). Notifications. The Contractor shall provide 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. (iii). Subcontracts. The Contractor shall include this Section 3 clause in every subcontract and shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Contractor shall 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 shall not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (c). 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 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. (i). 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 13 1 P (ii). Monitoring. The Contractor shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. (iii). 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. (iv). 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. (v). Hatch Act. The Contractor shall not use funds provided, nor personnel employed, under this Agreement 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. (vi). Conflict of Interest. The Contractor shall 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. (BI). 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. (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. (d). Lobbying. The Contractor hereby certifies that: (1). No public appropriated funds have been paid or shall 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 14 1 1 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; (2). If any funds other than Federal appropriated funds have been paid or shall 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 shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (3). It shall 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 contractors shall certify and disclose accordingly: (4). 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. (e). Copyright. If this Agreement results in any copyrightable material or inventions, the City and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes (f). Religious Activities. The Contractor agrees that funds provided under this Agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. SECTION 11. ENVIRONMENTAL CONDITIONS; HISTORICAL PRESERVATION. (a). Air and Water. The Contractor shall comply with the following requirements insofar as they apply to the performance of this Agreement: (1). Clean Air Act, 42 U.S.C., 7401, et seq. (2). 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; 15 1 P �-i o (3). 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 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 shall 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. SECTION 12. 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. SECTION 13. 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. 161 P SECTION 14. 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. SECTION 15. 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. Attest: City of Sanford, Florida By: Traci Houchin SNF n N. Bona e, Jr. City Clerk�S ager o 11 Approved as to form and Legality: h ! �- r ki ,7 . o uire-T 18'7' City Attorney Attest: Willie Hooks, Vice Chairman Algeri Miller, Secretary C� Willie King, Treasurer Goldsboro Front Porch Council, Inc. By -- Vernon McQu e n, Chairman Date: 171 Page �.