2204 Goldsboro Front Porch Council Agreementitf Lud�l/
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TRANSMITTAL, 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):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
❑ . Performance Bond
❑ Resolution
El
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
❑
Mayor's signature
❑
Recording
❑
Rendering
®
Safe keeping (Vault)
City of Sanford & Goldsboro Front Porch Council Inc. CDBG Economic Development Sub
recipient Agreement Grant Program Year 2019-2020
Please advise if you have any questions regarding the above.
Thank you!
Sheena Britton 3/5/2020
From Date
\\SVCH-Omnicast\USERS\mcrayn\Templates\City Clerk Transmittal Memo.doe
CITY OF SANFORD AND GOLDSBORO FRONT PORCH COUNCIL, INC.
COMMUNITY DEVELOPMENT BLOCK GRANT
ECONOMIC DEVELOPEMENT SUBRECIPIENT AGREEMENT
GRANT PROGRAM YEAR 2019-2020 /�
THIS AGREEMENT is made and entered into this day of ie(g 2020
between GOLDSBORO FRONT PORCH COUNCIL, INC., a not-for-profit corporation
organized under the laws of the State of Florida, whose principal address is 1213 Historic
Goldsboro Boulevard, Sanford, Florida 32771, hereinafter referred to as "SUBRECIPIENT", and
City of Sanford, a political subdivision of the State of Florida, whose address is 300 N Park
Avenue, Sanford, Florida 32771, hereinafter referred to as "CITY"
WITNESSETH:
WHEREAS, the City of Sanford ("CITY') has previously heretofore made application,
submitted a plan for receipt of Community Development Block Grant ("CDBG") Program funds
and entered into a contract for receipt of funding from the United States Department of Housing
and Urban Development ('HUD "), pursuant to Title I of the Housing and Community
Development Act of 1974, as amended, hereinafter referred to as the "Act", and 24 C.F.R. Part
570, ("Regulations"); and
WHEREAS, pursuant to 24 C.F.R. 570.201(e), CDBG funds may be used for the provision of
economic development including, but not limited to, small business development, new and
improved job opportunities, new or expanded goods and services and other special economic
development activities; and
WHEREAS, CITY has adopted certain CDBG Program goals, fully described in the 2015- 2019
City of Sanford Consolidated Plan ("CP"), including, but not limited to, the provision of
economic development, growth of small business and expansion of goods and services in district 2
of the City of Sanford; and
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WHEREAS, SUBRECIPIENT is a community-based agency that provides community
development services to microenterprise business, organizations and economically eligible
residents residing in the City of Sanford and that are members of households whose income falls
at or below eighty percent (80%) of the area median income guidelines; 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, to accomplish CITY's adopted CDBG goals, the CITY desires to enter into an
agreement with SUBRECIPIENT to render expanded services and goods to a community
designated "food desert" by the United States Department of Agriculture (USDA), as more
particularly described in Exhibit A to this Agreement; and
WHEREAS, CITY and SUBRECIPIENT have determined and certify this use of funds has
been developed to provide an essential public purpose, and meets CDBG Program National
Objectives by operating a Farmers Markey to provide fresh produce and other healthy products for
residents from low- and moderate -income eligible residents of Goldsboro neighborhood of the
City of Sanford; and
WHEREAS, the CITY and SUBRECIPIENT desire to enter into this agreement whereby the
CITY will provide SUBRECIPIENT with grant funding as set forth herein this Agreement, not to
exceed the amount of TWENTY- TWO THOUSAND TWO HUNDRED AND NO/ l 00THS
DOLLARS ($22,200.00).
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations
contained in this Agreement and other good and valuable consideration, the receipt and sufficiency
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of which are hereby acknowledged, the parties agree as follows:
Section 1. Recitals.
The above recitals are true and correct and form a material part of the agreement upon which
the parties have relied.
Section 2. Definitions.
(a) "CDBG Administrator" means the Community Relations and Neighborhood
Engagement Director or the CDBG Program Manager acting through and on behalf of the
Director or their designee.
(b) "City Approval " means written approval by the City Manager or the City
Commission, as necessary.
(c) "CDBG regulations" mean 24 C.F.R. Part 570, as this regulation may be amended
from time to time.
(d) "Low Income" means gross household income that does not exceed fifty percent
(50%) of the median family income within the Orlando Metropolitan Statistical Area during the
term of this Agreement.
(e) 'Moderate Income" means gross household income that does not exceed eighty
percent (80%) of the median family income within the Orlando Metropolitan Statistical Area
during the term of this Agreement.
Section 3. Scope of Services.
SUBRECIPIENT, in a manner satisfactory to CITY, will perform or cause to be performed all
services as implied, described, referred to, or governed by the Scope of Services, attached to this
Agreement as Exhibit A and incorporated by reference (the "Scope of Services"). All services
must 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 of Sanford Community Relations
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and Neighborhood Engagement Unit. Such services must be performed, except as otherwise
specifically stated in this Agreement, by persons or instrumentalities solely under the dominion
and control of SUBRECIPIENT.
Section 4. Term.
The term of this Agreement commences on October 1, 2019 and ends on September 30, 2020,
the date of signature by the parties notwithstanding, unless earlier terminated as provided in
this Agreement. The requirements set forth in Sections 7, 12, 13, 14 and 15 of this Agreement will
survive the term of this Agreement as a whole.
Section 5. Consideration and Limitation of Costs.
For and in consideration of the services rendered by SUBRECIPIENT and its compliance with
CDBG regulations, CITY will pay SUBRECIPIENT for the services described in the Scope of
Services an amount up to, but not exceeding TWENTY-TWO THOUSAND TWO HUNDRED
AND N0/100 DOLLARS ($22,200.00).
Section 6. Billing and Payment.
(a) Payments to SUBRECIPIENT by CITY will be on a monthly invoice basis, unless
specified in a payment schedule in Exhibit A, and will be contingent upon SUBRECIPIENT's
timely submittal of acceptable documentation to CITY on or before the fifteenth (15th) day of
each month during the term of this Agreement.
(b) SUBRECIPIENT will submit a completed Request for Payment Form, as attached
hereto and incorporated herein as Exhibit B, as a precondition for CITY to initiate the payment
process. Such Form will be submitted to the CITY's Community Relations and Neighborhood
Engagement Office with a letter of transmittal on SUBRECIPIENT's letterhead, signed by its
Executive Director.
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(c) Initial installment to SUBRECIPIENT will be as soon as practicable; provided,
however, that SUBRECIPIENT has performed services in full compliance with this Agreement,
CDBG regulations, and applicable laws, rules and regulations payment will be made by CITY
to SUBRECIPIENT within thirty (30) days of receipt of acceptable documentation; provided,
however, that SUBRECIPIENT has performed services in full compliance with this
Agreement, CDBG regulations, and applicable laws, rules, and regulations.
(d) 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.
Section 7. Reporting.
(a) SUBRECIPIENT must submit a Program Performance Report, in the format
attached to this Agreement as Exhibit B-1 and incorporated by reference to CITY by the
fifteenth (15th) day of each month during the term of this Agreement delineating the following:
(1) a listing of objectives and projected service levels;
(2) statistics representing achievements and services provided, including, if
applicable, the number of clients served and the number of programs and activities;
(3) statistics showing the cumulative achievements and services provided to date;
(4) the percent of projections achieved to date; and
(5) a narrative of assessment progress toward accomplishing goals and assessments
under this Agreement. This assessment must be in paragraph form and include such information
as the general progress of SUBRECIPIENT, any problems relating to the services provided
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pursuant to this Agreement that might exist for SUBRECIPIENT, and special comments on
particular Program components.
(b) SUBRECIPIENT must submit a financial report to CITY on or before the
fifteenth (15th) day of each month during the term of this Agreement reflecting total
SUBRECIPIENT receipts and expenditures as set forth in a profit and loss statement acceptable
to CITY.
(c) SUBRECIPIENT must submit additional information as required by CITY to
assess Program effectiveness.
(d) SUBRECIPIENT must submit verification that each business assisted by
SUBRECIPIENT with funding derived under this Agreement qualifies as a microenterprise
business and the as a Low- or Moderate -Income household. This report must be updated for any
new additions or deletions to the list of clients assisted by SUBRECIPIENT but need not include
verification for current clients already being served for which such documentation has already
been provided. Notwithstanding the foregoing, SUBRECIPIENT shall recertify all assisted
households amlually for continued eligibility.
(e) SUBRECIPIENT must provide to CITY on or before March 15, 2020, a
Quarterly Progress Report summarizing the amount of funds obligated and expended for each
household assisted, in the format attached to this Agreement as Exhibit D and incorporated by
reference.
(f) SUBRECIPIENT must submit such additional information as required by CITY
to assess Program effectiveness.
Section 8. Unavailability of Funds.
This Agreement is subject to funding availability.
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If the CI;IY learns that funding from the Federal Government cannot be obtained or continues,
this Agreement may be terminated immediately, at the option of CITY, by written notice of
termination to SUBRECIPIENT as provided in this Agreement. CITY will not be obligated to pay
for any services provided or costs incurred by SUBRECIPIENT after SUBRECIPIENT has
received notice of termination. In the event there are any unused or returned CDBG funds,
SUBRECIPIENT shall promptly refund those monies to CITY or otherwise use those funds as
CITY directs. CITY has the final authority as to the availability of funds and how available funds
will be allocated.
Section 9. Compliance with Laws and Regulations.
In providing all services pursuant to this Agreement, SUBRECIPIENT must comply with
applicable Federal laws, rules, and regulations (Specifically, 24 C.F.R. Part 570) State and local
statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such
services, including those now in effect and subsequently adopted. Any violation of any statutes,
laws, rules, or regulations will constitute amaterial breach of this Agreement and will entitle CITY
to terminate this Agreement immediately upon delivery of written notice of tei7nination to
SUBRECIPIENT as provided for in this Agreement.
Section 14. Amendment to Agreement.
This Agreement may be amended by mutual agreement of the parties by adoption and execution
of a written instrument of equal dignity with this Agreement.
Section 11. Management Assistance.
The City Administrator or designee will be reasonably available to SUBRECIPIENT to provide
guidance on CDBG regulations, but this guidance may not be construed as giving legal advice
to SUBRECIPIENT or relieving SUBRECIPIENT from any duties or obligations set forth in this
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Agreement.
Section 12. Maintenance of Records.
(a) SUBRECIPIENT must, at a minimum, maintain all records required by applicable
Federal, State and local laws, regulations, and procedures.
(b) SUBRECIPIENT must maintain all records, accounts, and property and personnel
records as deemed necessary by Florida law and CITY, or otherwise typical in sound business
practices to assure proper accounting of CDBG funds and compliance with this Agreement.
These records shall include Program records, financial records, Program administration records,
equal opportunity and fair housing records, affirmative marketing, client data, income
determination records, debarment and suspension certifications, conflict of interest prohibition
documentation, and any other records necessary to ensure proper accounting and monitoring
of CDBG funds.
(c) All records of whatsoever type or nature required by this Agreement must be
available for inspection and copying in accordance with Chapter 119, Florida Statutes, as that
statute may be amended from time to time. CITY has the right to obtain and inspect any audit
pertaining to this Agreement made by any Federal, State, or local agency. SUBRECIPIENT
must retain records and supporting documentation related to this Agreement for a minimum of
five (5) years after resolution of the final audit and in accordance with Florida law, but if litigation
ensues from any matter arising pursuant to this Agreement, these records must be maintained
until the litigation is concluded, even if longer than five (5) years.
Section 13. Audit Requirements.
(a) Pursuant to 24 C.F.R. Part 2400, SUBRECIPIENT is subject to the audit
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requirements contained in 24 C.F.R. Part 200 ("Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards')
(b) If SUBRECIPIENT expends more than Seven Hundred Fifty Thousand and No/
100 Dollars ($750,000.00) in Federal funds in an operating year from this and other Federal
grants, including from other governmental jurisdictions, SUBRECIPIENT will, at its own cost
and expense, have an independent audit conducted for that year. The audit will be completed,
and a copy furnished to CITY within thirty (30) days after receipt of the auditor's report(s),
unless a longer period is agreed to in advance by CITY.
(c) SUBRECIPIENT is liable for reimbursement to CITY if the audit shows that
the entire funds disbursed hereunder, or any portion thereof, were not expended in accordance
with the conditions of this Agreement and the applicable regulations. SUBRECIPIENT will
reimburse CITY within thirty (30) days after CITY has notified S U B RE C I P I EN T o f such
non-compliance. Said reimbursement w i 11 not preclude CITY from taking any other action
as provided in this Agreement, or as may be provided by Federal or State law.
(d) If expenditures do not exceed Seven Hundred. Fifty Thousand and No/ 100
Dollars ($750,000.00) during a one (1) year period, SUBRECIPIENT will submit to CITY,
within one hundred eighty (180) days after the end of SUBRECIPIENT's fiscal year, and
otherwise, upon request by CITY, audited financial statements, which must comply with
Generally Accepted Accounting Principles (GAAP), covering the entire term of this
Agreement. I f S UBRECIPIENT fails to provide its audited financial statements within the one
hundred eighty (180) day time period referenced above then SUBRECIPIENT (will be in
default under this Agreement. Notwithstanding the foregoing, CITY, consultation with
CITY, may grant SUBRECIPIENT an extension of one hundred eighty (180) days to provide
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its audited financials, but such extension will be solely at CITY's discretion.
(e) For purposes of this Agreement, an operating or audit year is the equivalent to
SUBRECIPIENT's fiscal year. The determination of when Grant Funds are expended is based on
when the activity related to the expenditure occurs.
(f) SUBRECIPIENT records with respect to any matters covered by this Agreement
must be made available to CITY and the Comptroller General of the United States, or any
other 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.
Section 14. Liability.
Except for payments specifically set forth in this Agreement, CITY will not be liable to any
person, firm, entity, or corporation who contracts with or who provides goods or services to
SUBRECIPIENT in connection with the services SUBRECIPIENT performs under this
Agreement, or for debts or claims of any type whatsoever accruing to such parties against
SUBRECIPIENT. This Agreement does not create a contractual relationship, either express or
implied, between CITY and any other person, firm, entity, or corporation supplying any work,
labor, services, goods, or materials to SUBRECIPIENT as a result of services or payments
provided under this Agreement.
Section 15. Indemnification.
(a) Subject to Section 15(c) below, SUBRECIPIENT will hold harmless and indemnify
CITY from and against any and all liability, loss, claims, damages, costs, attorney's fees and
expenses of whatsoever kind, type, or nature which CITY may sustain, suffer or incur or be
required to pay by reason of the following: loss of any monies paid to SUBRECIPIENT or
whosoever resulting out of SUBRECIPIENT 's fraud, defalcation, dishonesty, or failure of
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SUBRECIPIENT to comply with applicable laws or regulations; any act or omission of
SUBRECIPIENT in the performance of this Agreement or any part of this Agreement; a
judgment over and above the limits provided by the insurance required under this Agreement
or as may otherwise result in any way or instance whatsoever arising from this Agreement.
(b) In the event that any action, suit or proceeding is brought against CITY upon
any alleged liability arising out of this Agreement, or any other matter relating to this Agreement,
CITY will promptly provide notice in writing of such any action, suit or proceeding to
SUBRECIPIENT by registered or certified mail addressed to SUBRECIPIENT at the address
provided in this Agreement. Upon receiving such notice, SUBRECIPIENT, at its own expense
and to the extent permitted by law, will diligently defend against such action, suit or
proceeding and take all action necessary or proper to prevent the issuance of a judgment against
CITY. CITY will cooperate to a reasonable extent in SUBRECIPIENT's defense of any such
action, suit, or proceeding.
(c) The parties further agree that nothing contained in this Agreement will be construed
or interpreted as denying to any party any remedy or defense available to such parties under
the laws of the State of Florida. The provisions of Section 768.28, Florida Statutes, as that
statute may be amended from time to time, governs all matters of tort liability and limitations
on damages as to CITY and nothing in this Agreement will be construed as a waiver of the
sovereign immunity or of the limits on damages beyond the amount expressed in that statute.
Section 16. Insurance.
(a) SUBRECIPIENT will procure and maintain throughout the term of this Agreement,
on behalf of itself, CITY, the insurance specified on and as required by the Exhibit C. attached
to and incorporated in this Agreement by reference. All insurance must be from responsible
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companies duly authorized to do business in the State of Florida.
(b) SUBRECIPIENT will ensure that CITY and its Board of CITY Commissioners
are named as additional insured parties as to the actions of SUBRECIPIENT, its employees,
agents, assigns, and subcontractors performing or providing materials or services to
SUBRECIPIENT during the performance of this Agreement, on (i) all auto liability policies and
general liability policies required to be obtained by the SUBRECIPIENT pursuant to this
Agreement , and (ii) all other insurance policies required by this Agreement where such an
endorsement is available in the industry. All such insurance policies must also contain a
severability of interests provision. Every insurance policy must provide thirty (30) days prior
written notice to CITY of any cancellation, intent not to renew, or reduction in the policy
coverage.
(c) SUBRECIPIENT must ensure that the insurance requirements imposed on all
vendors, contractors, and agents conform to and comply with this Agreement and applicable
Federal, State, and local regulations.
Section 17. Nan -Assignability.
No party may assign this Agreement nor any interest in this Agreement without the prior written
consent of the other party.
Section 18. Headings.
All articles and descriptive headings of paragraphs in this Agreement are provided for
convenience only and will not affect the construction or interpretation of this Agreement.
Section 19. Termination.
This Agreement may be terminated for reasons of enforcement or convenience or other good
cause by CITY. Notice of termination will be delivered to the other party as provided for in this
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Agreement.
Section 20. Breach of Agreement.
(a) Any failure to comply with the terms of this Agreement will constitute a breach of
this Agreement. In the event of a breach by SUBRECIPIENT, CITY will have the option to
terminate or suspend this Agreement and to seek the remedies allowed in this Agreement.
(b) Should any of the funds paid by the CITY pursuant to this Agreement be misused
or misappropriated by SUBRECIPIENT, such occurrence will be an event of default under
this Agreement. These funds will be immediately due and payable to the CITY. CITY may send
a letter demanding payment of said monies which may be recorded in the Official Land
Records of Seminole County, Florida so as to constitute a lien on any and all of SUBRECIPIENT's
personal property to the extent allowed by law, as provided in Section 23 of this Agreement.
Section 21. Use and Reversion of Assets.
Within thirty (3 0) days following the expiration, cancellation, or termination of this Agreement,
SUBRECIPIENT will transfer to CITY any Grant Funds on hand at the time of expiration or
termination and any accounts receivable attributable to the use of Grant Funds.
Section 22. Recapture of Grant Funds.
In the event that SUBRECIPIENT receives Program Income, as defined in 24 C.F.R. §570.500,
for the services rendered under this Agreement, at the end of the Program year,
SUBRECIPIENT, in accordance with 24 C.F.R. §570.503(b)(3) and 24 C.F.R. §570.504(c), will
remit all Program income balances to the CITY.
Section 23. Enforcement of Agreement and Remedies. Upon determination that a breach has
occurred, CITY reserve all legal and equitable rights to enforce this Agreement or recover any
monies paid to SUBRECIPIENT pursuant to this Agreement. Specifically, and additionally,
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CITY will have the following available remedies:
(a) immediately terminate this Agreement with or without notice;
(b) reallocate the remaining uncommitted funds toward another program or toward
CITY fund;
(c) withhold issuance of any further funds, regardless of whether such funds have
been encumbered by SUBRECIPIENT;
(d) demand SUBRECIPIENT immediately repay any monies expended in accordance
with this Agreement;
(e) require specific performance of this Agreement;
(f) demand payment or performance or both from the surety, if applicable;
(g) impose a lien upon any and all of SUBRECIPIENT's monetary or other personal
property. To create such a lien, CITY will send a letter to SUBRECIPIENT demanding refund of
any monies expended to SUBRECIPIENT pursuant to this Agreement. Said letter will be recorded
in the Public Records of Seminole County, Florida and, to the extent allowed by law, will
thereafter constitute a lien upon SUBRECIPIENT' s real and personal property; or
(h) initiate a suit in law or equity in a court of competent jurisdiction obtain any
available remedy.
Section 24. Evaluation.
(a) SUBRECIPIENT agrees that CITY will be responsible for monitoring and
evaluating all aspects of the services provided under this Agreement. CITY will have access to
and be able to make copies and transcriptions of such records as may be necessary in the
determination of CITY, HUD, or the State of Florida to accomplish this obligation, subject
to State and Federal confidentiality requirements.
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(b). In order to properly monitor and evaluate SUBRECIPIENT's performance under
this Agreement, CITY will make on-site inspections as often as it deems necessary. Further,
SUBRECIPIENT will submit an activity report with each reimbursement request which details
the progress made to date toward the completion of the activities authorized under the Scope
of Services. Failure by SUBRECIPIENT to assist CITY in its monitoring and evaluation efforts,
including SUBRECIPIENT's refusal to allow CITY to conduct the on-site inspections and
have access to SUBRECIPIENT's records, or failure to submit the activity reports as required may
result in the imposition of sanctions as specified in this Agreement.
Section 25. Waiver.
CITY's failure to act with respect to a breach by SUBRECIPIENT does not waive CITY's
right to act with respect to subsequent or similar breaches. The payment or acceptance of fees
for any period after a default will not be deemed a waiver of any right or acceptance of defective
performance.
Section 26. Certification Regarding Lobbying.
SUBRECIPIENT certifies by its signature to this Agreement, that to the best of its knowledge
and belief:
(a) No federal appropriated funds have been paid or will be paid by or on behalf of
the undersigned 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 the awarding of any contract, the making of any grant,
the making of any loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment, or modification of any contract, grant, loan, or cooperative
agreement.
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(b) If any funds, other than CDBG 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 in connection with this Agreement, SUBRECIPIENT will promptly prepare and
submit Federal OMB Form SF -LLL ("Disclosure of Lobbying Activities") in accordance with
its instructions.
Section 27. Conflict of Interest.
SUBRECIPIENT agrees to abide by the codes of conduct provisions in 24 C.F.R. Part 200 and
24 C.F.R. Part 2400. Additionally,
(a) SUBRECIPIENT agrees that no member of the governing body of the locality
in which SUBRECIPIENT is situated, no other public official of such locality or localities, and
no person, unless expressly permitted by the State, who is an employee, agent, consultant, officer,
or elected or appointed official of SUBRECIPIENT, and who exercises or has exercised any
functions or responsibilities with respect to CDBG assisted activities, or who is in a position
to participate in a decision making process or gain inside information with regard to such
activities, may obtain a financial interest or benefit from the CDBG assisted activity, or have
any interest in any contract, subcontract, or agreement with respect to this Agreement, or with
respect to the proceeds under this Agreement, either for himself or herself or for those with
who he or she has family or business ties, during his or her tenure or for one (1) year thereafter.
(b) SUBRECIPIENT represents that it presently has no interest, and will not acquire
any interest, financial or otherwise, direct or indirect, nor engage in any business transaction
or professional activity or incur any obligation of any nature which would conflict in any
manner with the performance of the scope of service required under this Agreement.
(c) SUBRECIPIENT warrants to CITY that no gifts or gratuities have been or will
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be given to any CITY employee or agent, directly or indirectly, to obtain this Agreement.
(d) SUBRECIPIENT will not engage in political activities that promote or oppose
specific candidates.
Section 28. Procurement.
(a) SUBRECIPIENT will procure all materials, property, or services in accordance
with the requirements of 24 C.F.R. §§200.217-200.326.
(b) A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity.
Additionally, pursuant to CITY policy, aconviction ofapublic entity crime may cause the rejection
of a bid, offer, or proposal. CITY may make inquiries regarding alleged convictions of public
entity crimes or Federal contract disbannent. The unreasonable failure of a bidder, offeror, or
proposer to promptly supply information in connection with an inquiry may be grounds for
rejection of a bid, offer, proposal, or reply.
Section 29. Anti-discrimination/Equal Employment Opportunity.
SUBRECIPIENT agrees to comply with all State, Federal, and local laws, rules and regulations,
ordinances, and executive orders prohibiting or relating to discrimination. SUBRECIPIENT
agrees that it will not discriminate against any employee, applicant for employment for work,
or any eligible person receiving services under this Agreement, because of race, color, religion,
sex, age, national' origin, disability, sexual orientation, or gender identity. SUBRECIPIENT shall
take affirmative steps to ensure that applicants are employed, employees are treated during
employment and eligible persons receive such services without regard to race, color, religion,
sex, age, national origin, disability, sexual orientation,or gender identity.
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Section 30. Affirmative Action.
(a) Affirmative Action Plan. SUBRECIPIENT agrees it will be committed to carry out
an Affirmative Action Plan. The intention of the Plan will be to increase the participation of
minorities and women in the workplace analysis demonstrates their underrepresentation, meaning
that there are fewer minorities and women than would be expected given the numbers of
minorities and women qualified to hold the positions available. Federal regulations require
affirmative action plans to include an equal opportunity policy statement, an analysis of the
current work force, identification of under -represented areas, the establishment of reasonable,
flexible goals and timetables for increasing employment opportunities, specific action -oriented
programs to address problem areas, support for community action programs, and the establishment
of an internal audit and reporting system.
(b) Minority and Women and Minor Owned Businesses ( MBE/ WBE).
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 Agreement. "Small business" means abusiness that meets the criteria set forth
in Section 3(a) of the Small Business Act, as amended (15 U.S.C. §632). "Minority and women's
business enterprise" means a business at least fifty-one percent (51 %) owned and controlled
by minority group members or women.
Section 31. Drug Free Workplace.
SUBRECIPIENT will administer in good faith a policy designed to maintain a drug-free
workplace.
Section 32. Environmental Review.
SUBRECIPIENT further agrees that it will supply CITY, when applicable, with all available and
relevant information necessary for CITY to perform any required environmental review pursuant
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to HUD regulations.
Section 33. Independent Contractor.
Nothing contained in this Agreement is intended to or will in any way be construed to create
or establish the relationship of employer/employee between the parties. SUBRECIPIENT will
at all times remain an "independent contractor" with respect to services to be performed under
this Agreement. SUBRECIPIENT certifies its understanding that CITY is not required to
withhold any Federal income tax, Social Security tax, State and local tax, to secure workers
compensation insurance or employer's liability insurance of any kind, or to take any other action
with respect to insurance or taxes of SUBRECIPIENT or its employees.
Section 34. Severability.
If any one or more of the covenants or provisions of this Agreement is held to be contrary to
any express provision of law or contrary to the policy of express law, though not expressly
prohibited or against public policy, or is for any reason whatsoever held invalid, then such
covenants or provisions will be null and void, will be deemed separable from the remaining
covenants or provisions of this Agreement, and will in no way affect the validity of the remaining
covenants or provisions of this Agreement. Any responsibility of SUBRECIPIENT provided
under this Agreement will not be invalidated due to the expiration, termination, or cancellation of
this Agreement.
Section 35. Entire Agreement and Effect on Prior Agreement.
This Agreement and the Exhibits attached to it constitute the entire agreement between the parties
and supersede all oral agreements, previous discussions, negotiations, understandings and
agreements, if any, between the parties relating to the subject matter ofthis Agreement.
Section 36. Governing Law.
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This Agreement is governed by the laws of the State of Florida and the ordinances, resolutions,
and policies of CITY not prohibited thereby. The patties consent to venue in the Circuit Court
in and for Seminole County, Florida, as to State actions and the United States District Court for
the Middle District of Florida, Orlando Division, as to Federal actions.
Section 37. Notices. All notices which may be given pursuant to this Agreement must be in writing.
Whenever either party desires to give notice unto the other, notice will be sent to:
For CITY:
Norton N. Bonaparte, Jr.
City Manager
300 N. Park Avenue
Sanford, Florida 32771
For SUBRECIPIENT:
Vernon McQueen
Chairperson of the Board of Directors
Goldsboro Front Porch Council, Inc.
1213 Historic Goldsboro Boulevard
Sanford, Florida 32771
Either of the parties may change, by written notice as provided in this Agreement, the addresses
or persons for receipt of notice.
Section 38. Public Records Law.
(a) SUBRECIPIENT acknowledges CITY's obligations under Article 1, Section 24,
Florida Constitution and Chapter 119, Florida Statutes, as that statute may be amended from
time to time, to release public records to members of the public upon request. SUBRECIPIENT
acknowledges that CITY is required to comply with Article 1, Section 24, Florida Constitution
and Chapter 119, Florida Statutes, in the handling of the materials created under this
Agreement and that said statute controls over the terms of this Agreement. Upon CITY's
request, SUBRECIPIENT will provide CITY with all requested public records in
Page 20 of 24
SUBRECIPIENT' s possession or will allow CITY to inspect or copy the requested records within
a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida
Statutes.
(b) SUBRECIPIENT specifically acknowledges its obligations to comply with
Section 119.071, Florida Statutes, with regard to public records and must:
(1) keep and maintain public records that ordinarily and necessarily would be
required by CITY in order to perfonn the services required under this Agreement;
(2) provide the public with access to public records on the same terms and
conditions that 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;
(3) ensure public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law; and
(4) Upon termination of this Agreement, SUBRECIPIENT will transfer, at no cost
to CITY, all public records in possession of SUBRECIPIENT, or keep and maintain public
records required by CITY under this Agreement. If SUBRECIPIENT transfers all public
records to CITY upon completion of this Agreement, SUBRECIPIENT must destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If SUBRECIPIENT keeps and maintains the public records upon
completion of this Agreement, SUBRECIPIENT must meet all applicable requirements for
retaining public records. All records stored electronically must be provided to CITY, upon
request of CITY, in a format that is compatible with the information technology systems of
s
(c) Failure to comply with this Section will be deemed a material breach of this
Page 21 of 24
Agreement for which CITY may terminate this Agreement immediately upon written notice to
SUBRECIPIENT. SUBRECIPIENT may also be subject to statutory penalties as set forth in
Section 119. 10, Florida Statutes.
(d) IF SUBRECIPIENT HAS
QUESTIONS
REGARDING
THE
APPLICATION OF CHAPTER
119, FLORIDA
STATUTES,
TO
SUBRECIPIENTS DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, SUBRECIPIENT MAY CONTACT THE CITY OF
SANFORD COMMUNITY DEVELOPMENT OFFICE PROGRAM
MANAGER OLATUNJI Y. OYEWALE AT 407.562.2779 OR BY EMAIL
OLATUNJI.OYEWALE@SANFORDFL.GOV LOCATED AT 300 NORTH
PARK AVENUE, SANFORD, FLORIDA 32771.
Section 39. Disclaimer of Third -Party Beneficiaries.
This Agreement is made for the sole benefit of the parties and their respective successors and
assigns. It is not intended to and will not benefit any third party. No third party has any rights
under this Agreement or as a result of this Agreement or any right to enforce any provisions of
this Agreement.
Section 40. Conditions Precedent.
The parties to this Agreement represent to the other that they have done all things necessary as
conditions precedent to the execution of this Agreement.
Section 41. Authorization.
All parties represent to the others that such parties have authority under all applicable laws to enter
into an Agreement containing such covenants and provisions, and that the persons who have
Page 22 of 24
executed this Agreement are duly authorized and empowered to do so.
Section 42. Counterparts.
This Agreement may be executed in two (2) or more counterparts, each of which will be deemed
an original, but all of which together constitutes one and the same instrument.
Section 43. Exhibits and Other Incorporated Provisions.
All exhibits to this Agreement are incorporated into this Agreement as if fully set forth verbatim
into the body of this Agreement and all terms conditions and provisions set forth in the exhibits
shall be enforced and applied in the implementation of this Agreement. All goods or services to be
provided or performed by the SUBRECIPIENT shall, at a minimum, be in conformance with
commonly accepted industry and professional codes and standards, standards of the City, and the
laws of any and all Federal, State and local regulatory agencies or which, otherwise, have
jurisdiction over the goods or services. If the provision of goods or services relate to matters that
are subject to the standards of the United States Department of Housing and Urban Development,
the Federal Emergency Management Agency, the Federal Highway Administration, the Florida
Department of Transportation or a similar agency of government which provides funding to the
City or provides grants to the City; the SUBRECIPIENT shall ensure that it complies in all respects
with the rules, regulations and policies relating to such matters so as to ensure that the City is not
rejected for grants or denied a funding source. The SUBRECIPIENT shall be responsible for
keeping apprised of any changing laws, applicable to the goods or services to be performed under
this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly signed, sealed and delivered this
Agreement as of the date last signed.
[Signatures and attestations begin on the follmi ing page]
Page 23 of 24
Attest:
C* 90��o
Traci Houc ' ity Clerk, CMC, FCRM
Approved as to form and legal
CITY OF SANFORD
By:
Norton N. Bona > y Manager
Date: 7 . '3 -
Attest:
Patrice An erson, Secretary
[CORPORATE SEAL]
STATE OF FLORIDA)
COUNTY OF SEMINOLE
Goldsbro Front Porch Council, INC.
By:
Vernon McQu en, Chairman
Date: 2 /;!� n /;'
I HEREBY CERTIFY that on this day, before me, an officer duly aut7who
'ed to administer
oaths and take acknowledgments, personally appeared Vernon McQueen is personally
known to me or ❑ who produced as identification and
acknowledged before me that she executed the same. Sworn and subscribed before me by
by means of { physical presence or { } online notarization and who is personally
know by me on the —day of February, 2020, the said person did take an oath and was first duly
sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing
and that the statements and allegations contained herein are true and correct.
WITNESS my hand and official seal in the County and State last
1%C , A. D. 2020.
thi 6 -day of
Notary Public; State of Florida
(Affix Notarial Seal)
Page 24 of 24
;,.•�;R�'=
NICOLE J.OSBURN
°.�
Notary Public - State of Florida
• :
Commission : GG 152572
J''oc-�"`•,
My Comm, Expires Nov 24, 2021
,,,,.
Dcrdedtl•rour NatioralNotary Asar.
thi 6 -day of
Notary Public; State of Florida
(Affix Notarial Seal)
Page 24 of 24
EXHIBIT "A"
SCOPE OF SERVICES
Goldsboro Front Porch Council Incorporated
Economic Development
Section I. SERVICES TO BE RENDERED BY SUBRECIPIENT
l ef'J.11ue170Y4W:
(2) Develop a partnership with neighborhood growers, crafters, novelty vendors
and other appropriate licensed vendors to participate in the Goldsboro Farmers
Market;
(3) Maintain a relationship with Allen Chapel AME Church for the use of its
parking lot at 1226 Historic Goldsboro Boulevard one afternoon a week as the
site for the Goldsboro Farmers Market;
(4) Establish and maintain an advisory committee to assist with identifying best
practices for the Goldsboro Farmers Market, screening and diversity of
vendors;
(5) Conduct all educational workshops, classes and trainings in the community;
and
(6) Maintain program and financial records documenting the eligibility, services
as a result of the project funded in this Agreement. A record of the eligibility
of each vendor and a weekly tracking sheet to document attendance at the
Market
PROGRAM BUDGET
In its application for funding, the Subrecipient provided the following budget for the program:
Budget Categories
Project Costs
CDBG Funds
Subrecipient Funds
Program Personnel
$13,657.00
$13,657.00
$0
Program Occupancy
$1,200.00
$1,200.00
Program Operating/Expenditures
Reproduction/Printing
$300.00
$300.00
Vendor Stipends
$2,600.00
$2,600.00
Supplies
$250.00
$250.00
Marketing/Advertising
$900.00
$900.00
Equipment
$400.00
$400.00
Other
$800.00
$800.00
Subtotal
$21,108
$20,108
Admin/Management 10%
$2,011
$2,011
TOTAL
$22,119.00
$22,119.00
CDBG funds will reimburse Subrecipient for the expenses. Program personnel, Program Occupancy,
Operating cost, and Administrative/Management expenditures. Administrative and management
expenses include payroll processing, office space, telephone and insurance.
Appropriate and accurate records must be maintained for all expenditures made with CDBG
Funds. The above program budget details categories of expenditures for which supporting
documentation must be maintained throughout the records retention period noted in Section 12 of this
Agreement.
Page 2 of 16
Section II. PAYMENT SCHEDULE
For its performance under this Agreement, the Subrecipient will receive an amount not to exceed
Twenty -Two Thousand Two Hundred Dollars, ($22,200.00). The City will reimburse the
Subrecipient for allowable expenses, as determined by the City of Sanford.
All requests shall be on the Subrecipient's official letterhead on a monthly basis. Requests for
reimbursement must be submitted to the City of Sanford Community Development Block Grant
Office in the same format as Exhibit "B". All requests for payment must comply with the
requirements in Section 6 of this Agreement and the Scope of Service (Exhibit "A"). All requests
for payment must specify the line -item for which reimbursement is being requested. All requests must
be accompanied by copies of paid bills, copies of checks, staff timesheets, or other means of proving
work was completed. All requests must clearly document the time for which the Grant Funding is
being requested and paid for by Subrecipient. In the event Grant Funds are used for salaries, the
employee timesheet shall be in a format substantially similar to Exhibit "G", or in another format
that has been pre -approved by City of Sanford. In addition, monthly requests for payment must also
include a completed Exhibit `13-1" Performance Report. Request for payment must be submitted by
the 15`" of each month. Final requests for reimbursement must be made no later than fifteen
(15) days after the funding expenditure deadline defined in Section 6 of this Agreement.
Requests for reimbursement may be made electronically with signed digital copies of the above
mentioned documentation.
If City of Sanford Community Development office through its monitoring or review
determines that the Subrecipient has performed, or is performing below the specified number of
participants or Units of Service, the total consideration to be paid to the Subrecipient shall be subject
to a pro -rata reduction.
Section III. TIMELY EXPENDITURE OF FUNDS
CDBG funds must be spent in a timely manner as referenced in Section 13 (Audit
Requirements). Unless an alternative Expenditure Schedule has been approved in writing by County,
pursuant to "Exhibit F", funds must be expended at a minimum in the following manner:
(1) 100% by September 30, 2020
Section IV. PERFORMANCE MEASURES
The goals and objectives of the Subrecipient under this Agreement is to provide residents of
Goldsboro a farmers market centrally located in the neighborhood to make available fresh produce
and other healthy product to the resident.
Performance and Goals of the Program will be determined by the following indicators during
the term of the Agreement:
(1) Prepare marketing and promotional materials to promote the Markey in the
neighborhood.
Page 3 of 16
(2) Maintain a webpage or Facebook page and local newspaper to promote the
Market.
(3) Maintain a safe, descent and accessible site for the Market.
(4) Conduct two Community events to highlight the Market and increase
attendance.
(5) Conduct two surveys of patrons/customers to obtain feedback on what they
would like to see offered at the Market
(6) Increase the number of local vendors at the Market, focusing on vendors selling
fruits, vegetables and healthy food options to an average of five (5) per week.
(7) Increase the weekly visitor traffic to the Market fifty (50) by 15% by
September 30, 2020
(8) Continue to work towards obtaining EBT/SNAP benefits for patrons of the
Market.
(9) Submit quarterly or monthly payment requests and progress reports to ensure
the timely expenditure of activity funding and report on progress of each
participant.
(10) Record attendance at Market weekly and list of all vendors participating to
end on September 30, 2020
Section V. PROGRAM REPORTS
The Subrecipient shall submit to the City of Sanford within fifteen (15) days from the end of
each quarter, a Quarterly Progress Report in substantially the same format as set forth in Exhibit "D",
attached hereto and made a part hereof.
Delinquent Program report submissions may result in Subrecipient's payment request(s) being
withheld or termination of the agreement pursuant to Section 13 (Audit Requirements).
End Exhibit "A"
Page 4 of 16
EXHIBIT "B"
REQUEST FOR PAYMENT
2019-2020
SUBRECIPIENT: Goldsboro Front Porch Council, Inc.
PROGRAM NAME: Goldsboro Framer's Market
FOR THE MONTH OF:
FINANCIAL STATUS REPORT:
REQUEST NO:
Personnel Expenses:
Professional Staff, Support
$13,658.00
Staff and Payroll/Other
Program Occupancy:
Building lease/Rent,
$1,200.00
Maintenance, Utilities and
Insurance
Program
Operating/Program
Expenditures: Office
supplies, Direct Client
services, office
expenses/Computer,
$1,831
Communication, Printing,
Staff Travel, Volunteer
Expenses, Equipment
Lease/Maintenance and
Program Materials
Vendor Stipends
$2,600
Marketing/Advertising ( $900
Admin/Management 10% 1 $2011
TOTAL ( $22,200
*Funds may be transferred within the line items with approval from City of Sanford Community Development Office without an
amendment to this agreement.
I certify that the goods and/or services covered by this request have been provided to City of Sanford in accordance with the terms and
conditions of the contracts and are documented by the attachment(s).
AUTHORIZED SIGNATURE
Please attach documentation substantiating expenditures.
MIM
End Exhibit "B"
Page 5 of 16
EXHIBIT 66B-1"
PROGRAM PERFORMANCE REPORT
2019-2020
REPORT PERIOD:
PERCENTAGE OF CONTRACT COMPLETED:
STATUS OF GOALS AND OBJECTIVES:
Performance Measures
Proposed Outcome
Current Outcome
Maintain a webpage or Facebook
page and local newspaper to promote
the Market.
Conduct two Community events to
highlight the Market and increase
attendance
Conduct two surveys of
patrons/customers to obtain feedback
on what they would like to see
offered at the Market
Increase the number of local vendors
at the Market, focusing on vendors
selling fruits, vegetables and healthy
food options to an average of five (5)
per week.
Advisory Council to meet at a
minimum quarterly
Increase the weekly visitor traffic to
the Market fifty (50) by 15% by
September 30, 2020
COMMENTS:
End Exhibit "B-1"
Page 6 of 16
EXHIBIT "C"
INSURANCE REQUIREMENTS
Goldsboro Front Porch Council, Inc.
2019-2020
The following insurance requirements and limits of liability are required:
A. Worker's Compensation (as required by Florida statute) & Employers' Liability Insurance:
Employer's Liability N/A Limit Each Accident
N/A Limit Disease Aggregate
N/A Limit Disease Each Employee
B. Commercial General Liability Insurance:
General Aggregate $500,000.00
Products and Completed Operations N/A
Personal and Advertising Injury N/A
Each Occurrence $500,000.00
Fire Damage (any one fire) N/A
C. Business Automobile Liability Insurance "ANY AUTO" coverage: N/A
D. Other.
* Any required insurance marked with an * must include "Seminole County Board of County
Commissioners" as an Additional Insured, and this must be indicated on the insurance certificate.
End Exhibit "C"
Page 7 of 16
EXHIBIT "D"
QUARTERLY PROGRESS REPORTING
Goldsboro Front Porch Council, Inc.,
Goldsboro Farmer's Market
Program Year 2019-2020
Report quarters are as follows: (1) October I through December 31, (2) January I through March 31, (3)
April I through June 30'x', and (4) July 1 through September 30th by the 15'x' day of the month following the
quarter. Each recipient must submit a quarterly report though there has been no activity on the project, briefly
describing the circumstances
I. Please specify which Quarter is being reported: 1 ( ) 2 ( ) 3 ( X ) 4 ( )
Please specify the quarter report being submitted.
Describe the program accomplishments this quarter and cumulative to date: (% completion, national
objective met, etc.)
Page 1 of 2
Page 8 of 16
PROGRAM COSTS
FUNDS EXPENDED THIS
QUARTER
REMAINING BALANCE
OFFUNDS
PERCENTAGE
OF FUNDS
EXPENDED%
CDBG Allocation
$22,200.00
$
$
Other Funds
$0
Total Program Costs
$22,200.00
Describe the program accomplishments this quarter and cumulative to date: (% completion, national
objective met, etc.)
Page 1 of 2
Page 8 of 16
BENEFICIARY DATA (Income Categories, Race, Size, Assistance Provided)
The Program funded by this agreement shall benefit a clientele who are low income persons, and
have household income at or below 50% of the Area Medium Income (AMI).
RACE/ETHNICITY
Cumulative
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Total
(Enter number of households on each
line as applicable)
Number of
Households
/Hispanic
Number of
Households
/Hispanic
Number of
Households
/Hispanic
Number of
Households
/Hispanic
White
Black/African American
Black/African American & White
Asian
Asian & White
American Indian or Alaskan Native
American Indian, Alaskan & White
American Indian, Alaskan & Black
Native Hawaiian/Other Pacific
Islander
Other/Multi-Racial
TOTAL
FEMALE HEAD OF HOUSEHOLD
MEDIAN FAMILY INCOME
Extremely Low Income 0-30%
Low Income (30.1 - 50%)
TOTAL unduplicated served = (This number must equal the total racial categories above)
1 certify the information contained in this report is accurate and the program is operating according to the
terms, guidelines and requirements set, forth in the Subrecipient Agreement.
Authorized Signature:
Print Name:
E-mail Address:
Date:
Page 2 of 2
End Exhibit "D"
Page 9 of 16
EXHIBIT "E"
SEMINOLE COUNTY EQUAL OPPORTUNITY CLAUSE
AND THE OTHER APPLICABLE LAWS, STATUTES, ORDERS, ORDINANCES, AND
REGULATIONS
Goldsboro Front Porch Council„ INC.
2019-2020
EQUAL EMPLOYMENT OPPORTUNITY - APPLICABLE STATUTES, RDERS
AND REGULATIONS*
STATE
---- Florida Constitution, Preamble and Article 1, § 2 protect citizens from being deprived of inalienable rights because of race,
religion, national origin, or physical disability.
---- Florida Statutes § 112.042, requires nondiscrimination in employment by counties and municipalities, on the basis of race, color, national
origin, sex, handicap, or religion.
---- Florida Statutes § 112.043, prohibits age discrimination in employment.
---- Florida Statutes § 413.08, provides for rights of an individual with a disability and prohibits discrimination against persons with disabilities in
employment and housing accommodations.
---- Florida Statutes § 448.07, prohibits wage rate discrimination on the basis of sex.
---- Florida Civil Rights Act of 1992, Florida Statutes §§760.01- 760.11, as amended.
---- Florida Statutes §509.092, prohibits refusing access to public lodging on the basis of race, creed, color,
sex, physical disability or national origin.
---- Florida Statutes §725.07, prohibits discrimination on the basis of sex, marital status or race in loaning money, granting
credit or providing equal pay for equal services performed.
---- Florida Fair Housing Act, Florida Statutes §§760.20 - 760.37.
---- Florida Statutes §760.40, provides for the confidentiality of genetic testing.
---- Florida Statutes §760.50, prohibits discrimination on the basis of AIDS, AIDS-related complex, and HIV.
---- Florida Statutes §760.51, provides for remedies and civil penalties for violations of civil rights.
---- Florida Statutes §760.60, prohibits discriminatory practices of certain clubs.
---- Florida Statutes §760.80, provides for minority representation on boards, commissions, council, and committees.
FEDERAL
---- Section I of the Fourteenth Amendment to the United States Constitution, U.S. Const. amend. XIV, § 1.
---- Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.
---- Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., as amended by the Equal Employment Opportunity Acts of 1972 and
1975, the Civil Rights Act of 1991, P. L. 102-166, 105 Stat. 1071, and the Lilly Ledbetter Fair Pay Act of 2009. P. L. 111-2, 123 Stat. 5.
---- Civil Rights Act of 1866 and the Enforcement Act of 1870, 14 Stat. 27 and 16 Stat. 140, 42 U.S.C. § 1981.
---- Title VIII of the Civil Rights Act of 1968, Fair Housing Act, P. L. 90-284, 82 Stat. 73, 42 U.S.C. 3601 et seq.
---- Civil Rights Restoration Act of 1987, P. L. 100-259, 102 Stat. 28.
---- Civil Rights Act of 1991, P. L. 102-166, 105 Stat. 1071.
---- Equal Opportunity Regulations, 41 CFR § 60-1.4, as amended.
---- Standards for a Merit System of Personnel Administration, 5 CFR § 900.601 et seq.
---- Executive Order 11246, Equal Employment Opportunity, and its implementing regulations, including 41 CFR § 60-2 (Revised Order 4).
---- Rehabilitation Act of 1973, P. L. 93-112, 87 Stat. 355, as amended.
---- Interagency Agreement promulgated on March 23, 1973.
---- Executive Order 12250, Leadership and Coordination of Nondiscrimination Laws.
---- Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq., P. L. 90-202, as amended.
---- Age Discrimination Act of 1975, 42 U.S.C. § 6101 et seq., P. L. 94-135, 89 Stat. 728, as amended.
---- Older Americans Amendments of 1975, 42 U.S.C. § 3001 et seq., P. L. 94-135, 89 Stat 713.
---- Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as amended by the ADA Amendments Act of 2008,
P. L. 110-325, 122 Stat. 3553.
---- Vietnam Era Veterans' Readjustment Assistance Act of 1974, 38 U.S.C. § 4212, as amended.
---- Section 14001 of Consolidated Omnibus Budget Reconciliation Act of 1985, as amended.
---- State and Local Assistance Act of 1972, as amended.
---- Office of Management and Budget Circular A-102, Grants and Cooperative Agreements with State and Local Governments,
as amended.
---- Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 40 C.F.R. §§
5.100 -5.605.
---- Executive Order 13673, Fair Pay and Safe Workplaces.
Page 10 of 16
"The above are not intended to he as complete list of all aapapalicaable, local, state, or federal statutes, orders, rules or regulations,
as tile), army be amended t"a•om tulle-taa-tulle, or addedto (newly promulgated) from Halle -to -time, during the term lint' this
contract."
If applicable, and required by 41 CFR 60-1.4 or other federal law or regulation, during the performance
of this contract, the Project Sponsor (referred to in this Exhibit as "contractor"), agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will
take affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive considerations for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or
Page 11 of 16
vendor. The contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however-, That in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
End of Exhibit "E"
Page 12 of 16
EXHIBIT "F"
EXPENDITURE SCHEDULE
Program Year 2019-2020
AGENCY: Goldsboro Front Porch Council, Inc.
PROJECT: Goldsboro Farmer's market
FUNDING AMOUNT: $22,200.00
MONTH PROPOSED EXPENDITURE PERCENTAGE USED
October
November
December
January
February
March
April
May
June
July
August
September
TOTAL:
COMMENTS:
End Exhibit "F"
Page 13 of 16
EXHIBIT "G"
EMPLOYEE TIMESHEET
Goldsboro Front Porch Council, Inc.
Farmer's Market
2019-2020
EMPLOYEE NAME EMPLOYEE #
PAY PERIOD #
WEEK ONE
WORK ACTIVITY
PAYROLL
CODE
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Total
CDBG
001
OTHER
001
TOTAL
OVERTIME
002
VAC
003
SICK
004
HOLIDAY
005
OTHER (insert
code
SUBTOTAL
WEEK TWO
WORK ACTIVITY
PAYROLL
CODE
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Total
CDBG
001
OTHER
001
TOTAL
OVERTIME
002
VAC
003
SICK
004
HOLIDAY
005
OTHER (insert
code
SUBTOTAL
Grand Total
I do hereby certify that the hours included above that are wholly or partially paid with funds from the U.S. Department of Housing and Urban Development are
calculated based upon the actual time worked in that program.
FORWARD TO CITY OF SANFORD CDBG OFFICE NO LATER THAN 15 DAYS FOLLOWING MONTH'S END.
EMPLOYEE'S SIGNATURE
SUPERVISOR SIGNATURE
End Exhibit "G"
Page 14 of 16
EXHIBIT "H"
CDBG FAMILY ELIGIBILITY FORM
St. Johns River Festival of the Arts, Inc.
2017-2018
Household Information
Household name: Household size:
Household members (list):
Head of Household Demographic Information
White
Black/African American
Asian Asian & White
American Indian, Alaskan & White
Native Hawaiian/Other Pacific Islander
Head of Household Hispanic Ethnicity: YES
Income Information
Black/African American & White
American Indian or Alaskan Native
American Indian, Alaskan & Black
Other/Multi-Racial
Annual (gross) income (total of all household members): $
Participant Certification of Household Information and Income
NQ
I/we certify that this information is complete and accurate. I/we agree to provide, upon
request, documentation on all income sources to (Agency
Name).
Participant Signature
Date
WARNING:Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for
knowingly and willingly making false or fraudulent statements to any department of the United States
Government
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Agency Certification of Eligibility for the CDBG Program
The purpose of this form is to certify that (Participant Name), a resident of
Seminole County, residing at
(address) receives benefits under Community Development Block Grant (CDBG) Program.
To determine if program applicants are income -eligible, grantees have several options (please select one):
The annual income of this household has been examined and determined to be
below $ (income limit for the program for a family of
[household size]).
The participant household/person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of LMI household/person, such as Job Training Partnership Act
(JTPA) and welfare programs; or
Obtain a referral from a state, county or local employment agency or other entity
that agrees to refer individuals it determines to be LMI persons based on HUD's
criteria and agrees to maintain documentation supporting these determinations.
Presumed Benefit - activity benefits a clientele who are generally
presumed to be principally low- and moderate -income persons.
abused children battered spouses
elderly persons severely disabled adults
homeless persons illiterate adults
persons living MAIDS migrant farm workers
Certified by:
Signature of Agency Representative Date
Name (Print)
WARNING:Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for
knowingly and willingly making false or fraudulent statements to any department of the United States
Government
End of Exhibit "H"
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