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2014-072 CDR: 2014 AUG -4 AM 6: 54 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY Contract Number 15DB-OH-06-45-02-N 44 CFDA Number 14 228 Rule Chapter 73C-23,Florida Administrative Code Effective June 6,2010 FFY 2013 FEDERALLY-FUNDED SUBGRANT AGREEMENT Neighborhood Revitalization THIS AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity, with headquarters in Tallahassee,Florida (hereinafter referred to as "DEO"or the "Department"),and the City of Clermont(hereinafter referred to as the"Recipient") THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS A The Recipient represents that it is fully quahfied and eligible to receive these grant funds to provide the services identified herein,and B The Department has received these grant funds from the State of Florida,and has the authority to subgrant these funds to the Recipient upon the terms and conditions below,and C The Department has statutory authority to disburse the funds under this Agreement THEREFORE, the Department and the Recipient agree to the following (1) Scope of Work The Recipient shall perform the work in accordance with the Program Budget,Attachment A of this Agreement,the Activity Work Plan,Attachment E of this Agreement,and the Florida Small Cities Community Development Block Grant(CDBG) FFY20Z3Application for Funding submitted by the Recipient on March 12,2014,including future amendments to this Subgrant Agreement that are agreed upon by both parties (2) Incorporation of Laws, Rules,Regulations and Policies The Recipient and the Department shall be governed by applicable State and Federal laws,rules and regulations,including those identified in Attachment B and G Rev 6/20/2014 1 (3) Period of Agreement This Agreement shall begin upon execution by both parties,and shall end 24 months after the last signed date,unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division Director approves such extension (4) Modification of Contract Either party may request modification of the provisions of this Agreement Changes which are agreed upon shall be vand only when in writing, signed by each of the parties,and attached to the original of this Agreement (5) Records (a) As applicable,Recipient's performance under this Agreement shall be subject to the federal OMB Circular No A-102, Common Rule: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(53 Federal Register 8034) or 2 CFR 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals, and Other Nonprofit Organizations,and either 2 CFR 225, Cost Principles for State,Local and Indian Tribal Governments,2 CFR 220, Cost Principles for Educational Institutions,or 2 CFR 230, Cost Principles for Non-Profit Organizations (b) Representatives of DEO,the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the federal government and their duly authorized representatives shall have access to any of Recipient's books,documents,papers,and records,including electronic storage media,as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions (c) Recipient shall maintain books,records,and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement (d) Recipient will provide a financial and comphance audit to DEO,if applicable,and ensure that all related party transactions are disclosed to the auditor (e) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all contractors and consultants paid from funds under this Agreement, for a period of six years from the date this Agreement is final closed The Recipient shall ensure that audit working papers are available upon request for a period of six years from the date this Agreement is final closed,unless extended in writing by the Department The six-year period may be extended for the following exceptions Rev 6/20/2014 2 1 If any litigation,claim or audit is started before the six-year period expires,and extends beyond the six-year period, the records shall be retained until all litigation,claims or audit findings involving the records have been resolved 2 Records for the disposition of non-expendable personal property valued at$5,000 or more at the tune it is acquired shall be retained for six years after final disposition 3 Records relating to real property acquired shall be retained for six years after the closing on the transfer of title (f) The Recipient shall maintain all records and supporting documentation for the Recipient and for all contractors and consultants to be paid from funds provided under this Agreement,including documentation of all program costs,in a form sufficient to determine compliance with the requirements and objectives of the Program Budget-Attachment A-and all other applicable laws and regulations (g) The Recipient,its employees or agents,including all contractors and consultants to be paid from funds provided under this Agreement,shall allow access to its records at reasonable times to representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the federal government and their duly authorized representatives "Reasonable" shall ordinarily mean during normal business hours of 8 00 a m to 5 00 p m,local time,on Monday through Friday (h) To the extent that it does not conflict with federal regulations, the Recipient shall transfer, at no cost to DEO, all public records upon completion or termination of this Agreement,and destroy any duplicate public records that are exempt or confidential and exempt from pubhc records disclosure requirements All electronic records shall be provided to DEO in a DEO-compatible format (i) The Recipient shall include the aforementioned audit and record keeping requirements in all approved contracts and assignments (6) Audit Requirements (a) Review the Audit Requirements listed in Attachment H of this contract For local government fiscal years beginning after December 26,2014,a recipient will not have to have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised,unless it expends$750,000 or more in Federal awards during its fiscal year (b) The requirements listed in Attachment H,Part II State Funded,are not applicable to this subgrant agreement which is a Federal pass-through award (c) Within sixty(60) days of the close of the fiscal year,on an annual basis, the recipient shall electronically submit a completed Audit Compliance Certification (a version of this certification is attached hereto as Attachment I) to audit @deo myflorida com Recipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e g,contracts,grants,memorandums of understanding,memorandums of agreement,economic incentive award agreements,etc) between DEO and the Recipient Rev 6/20/2014 3 This form is in addition to the audit certification memo that must be sent to the Department if an audit is not required because the local government spent less than$500,000 ($750,000 for fiscal years starting after December 26,2014) in Federal funds during a fiscal year (d) In addition to the submission requirements listed in Attachment H,each recipient should send an electronic copy of its audit report or certification memo (available on the CDBG website)by June 30 following the end of each fiscal year,in which it had an open CDBG subgrant to its grant manager at the following address to ensure that it does not incur audit penalty points Email Mona Wood @deo myflonda com (7) Reports (a) The Recipient shall provide the Department with quarterly reports and a close-out report These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement,in addition to any other information requested by the Department (b) Quarterly reports are due to the Department no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report The ending dates for each quarter of the program year are March 31,June 30,September 30 and December 31 (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement,whichever first occurs (d) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable to the Department,the Department may withhold further payments until they are completed or may take other action as stated in Paragraph (11) Remedies "Acceptable to the Department"means that the work product was completed in accordance with the Program Budget, Attachment A of this Agreement,the Activity Work Plain,Attachment E of this Agreement,and the Application for Funding submitted by the Recipient (e) The Recipient shall provide additional program updates or information that may be required by the Department (f) The Recipient shall provide additional reports and information identified in Attachment C (8) Monitoring The Recipient shall monitor its performance under this Agreement,as well as that of its contractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time penods,and other performance goals are being achieved A review shall be done for each function or activity in Attachment A to this Agreement,and reported in the quarterly report Rev 6/20/2014 4 In addition to reviews of audits conducted in accordance with paragraph(6) above,monitoring procedures may include,but not be limited to,on-site visits by Department staff,limited scope audits,and/or other procedures The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department In the event that the Department determines that a limited scope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit The Recipient further agrees to comply and cooperate with any inspections,reviews,investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General In addition,the Department will monitor the performance and financial management by_the Recipient throughout the contract term to ensure timely completion of all tasks (9) Liability (a) Unless the Recipient is a State agency or subdivision,as defined in Section 768 28,Florida Statutes (FS),the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department,but is an independent contractor (b) Any recipient which is a state agency or subdivision,as defined in Section 768 28,FS,agrees to be fully responsible for its negligent or torttous acts or omissions which result in claims or suits against the Department,and agrees to be hable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768 28,FS Nothing herein is intended to serve as a waiver of sovereign immunity by any recipient to which sovereign immunity applies Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract (10) Default If any of the following events occur("Events of Default"),all obligations on the part of the Department to make further payment of funds shall,if the Department elects,terminate and the Department has the option to exercise any of its remedies set forth in Paragraph (11) However,the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming hable to make any further payment (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect,or if the Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement, Rev 6/20/2014 5 (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement,and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect,incomplete or insufficient information, (d) If the Recipient has failed to perform and complete in timely fashion any of its obhgations under this Agreement (11) Remedies If an Event of Default occurs,then the Department shall,upon 30 calendar days written notice to the Recipient and upon the Recipient's failure to cure within those 30 days,exercise any one or more of the following remedies,either concurrently or consecutively (a) Terminate this Agreement,provided that the Recipient is given at least 30 days prior written notice of such termination The notice shall be effective when placed in the United States, first class mail,postage prepaid,by registered or certified mail-return receipt requested,to the address set forth in Paragraph(13) herein, (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement, (c) Withhold or suspend payment of all or any part of a request for payment, (d) Require that the Recipient refund to the Department any monies used for inehgible purposes under the laws,rules and regulations governing the use of these funds (e) Exercise any corrective or remedial actions,to include but not be limited to 1 Request additional information from the Recipient to determine the reasons for or the extent of non-comphance or lack of performance, 2 Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3 Advise the Recipient to suspend,discontinue,or refrain from incurring costs for any activities in question,or 4 Require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be inehgible, (f) Exercise any other rights or remedies which may be otherwise available under law (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient,it will not affect, extend or waive any other right or remedy of the Department,or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient Rev 6/20/2014 6 (12) Termination (a) The Department may terminate this Agreement reement for cause with 30 days written notice Cause can include misuse of funds,fraud,lack of compliance with applicable rules,laws and regulations, failure to perform in a timely manner,and refusal by the Recipient to permit public access to any document, paper,letter,or other material subject to disclosure under Chapter 119,FS,as amended (b) The Department may terminate this Agreement for convenience or when it determines,in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds,by providing the Recipient with 30 calendar days prior written notice (c) The Parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination The Recipient will cancel as many outstanding obligations as possible Costs incurred after receipt of the termination notice will be disallowed The Recipient shall not be relieved of hability to the Department because of any breach of Agreement by the Recipient The Department may,to the extent authorized by law,withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined (13) Notice and Contact (a) All notices provided under or pursuant to this Agreement shall be in writing,either by hand delivery,or first class,certified mail, return receipt requested,to the representative identified below at the address set forth below or said notification attached to the original of this Agreement (b) The name and address of the grant manager for this Agreement is Mona Wood,Government Operations Consultant II Florida Small Cities CDBG Program Department of Economic Opportunity 107 East Madison Street—MSC 400 Tallahassee,Florida 32399-6508 Telephone (850) 717-8408—Fax (850) 922-5609 Email Mona Wood @deo myflonda com (c) The name and address of the Local Government Project Contact for this Agreement is Mr James Kinzler,Director of Environmental Services City of Clermont Post Office Box 120219 Clermont,Florida,34712-0219 Telephone (352) 241-0178- Fax (352) 241-0542 Email jkinzler @clermontfl org Rev 6/20/2014 7 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement,notice of the name,title and address of the new representative will be provided as stated in (13)(a) above (14) Contracts If the Recipient contracts any of the work required under this Agreement,a copy of the signed contract must be forwarded to the Department for approval The Recipient agrees to include in the contract(i) that the contractor is bound by the terms of this Agreement, (n) that the contractor is bound by all apphcable state and federal laws and regulations, (in) that the contractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this � g P Agreement,to the extent allowed and required by law,and (iv) provisions addressing bid,payment,and performance bonds and liquidated damages The Recipient shall document in the quarterly report the contractor's progress in performing its work under this Agreement For each contract,the Recipient shall report to the Department as to whether that contractor,or any subcontractors hired by the contractor,is a minority vendor,as defined in Section 288 703,FS (15) Terms and Conditions This Agreement contains all the terms and conditions agreed upon by the parties (16) Attachments (a) All attachments to this Agreement are incorporated as if set out fully (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control,but only to the extent of the conflict or inconsistency (c) This Agreement has the following attachments (check all that are apphcable) ® Exhibit 1 —Funding Sources ® Attachment A—Program Budget ® Attachment B—Program Statutes and Regulations ® Attachment C—Reports ® Attachment D—Warranties and Representations ® Attachment E—Activity Work Plan ® Attachment F—Program,Category Specific,and Special Conditions ® Attachment G—Civil Rights Compliance Assurance ® Attachment H—Audit Requirements ® Attachment I—Audit Compliance Certification ® Attachment J—eCDBG Access Authorization Form Rev 6/20/2014 8 (17) Funding/Consideration (a) The funding for this Agreement shall not exceed$700,000.00, subject to the availability of funds (b) The Recipient agrees to expend funds in accordance with the Program Budget,Attachment A, of this Agreement,and the Application for Funding (c) All funds shall be requested in the manner prescribed by the Department The authorized signatory for the Recipient set forth on the eCDBG Access Authorization Form,Attachment J,to this Agreement,must approve the submission of each Request for Funds (RFFs) on behalf of the Recipient (d) Pursuant to 24 CFR 570 489(b),pre-agreement costs reflected in the Recipient's Application for Funding as originally submitted that relate to preparation of the Application for Funding are considered eligible costs and may be reimbursed to the Recipient,if they are otherwise in compliance with all other requirements of the Agreement (e) Funds expended for otherwise ehgible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their ehgibility,fundabihty,or addition to the Agreement, or a separate letter authorizing such costs,are ineligible for funding with CDBG funds If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting, the State Chief Financial Officer,or under subparagraph(19)(h) of this Agreement,all obhgations on the part of the Department to make any further payment of funds shall terminate,and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department (18) Repayments (a) The Recipient and its contractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period,however,pursuant to 24 CFR 570 489(b)reimbursement can be requested for eligible application preparation costs that were listed in the Recipient's Application for Funding (b) In accordance with Section 215 971,FS,the Recipient shall refund to DEO any balance of unobhgated funds which has been advanced or paid to Recipient (c) The Recipient shall refund to DEO all funds paid in excess of the amount to which Recipient or its contractors are entitled under the terms and conditions of this Agreement (d) All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of the"Department of Economic Opportunity"and mailed directly to the Department at the following address Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 400 Tallahassee,Florida 32399-6508 Rev 6/20/2014 9 In accordance with Section 215 34(2),FS,if a check or other draft is returned to the Department for collection,Recipient shall pay to the Department a service fee of 15 00 or five percent (5%) of th P P Y p $ the face P ( ) amount of the returned check or draft,whichever is greater (19) Mandated Conditions (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations,and materials submitted or provided by the Recipient in this Agreement,in any later submission or response to a Department request,or in any submission or response to fulfill the requirements of this Agreement All of said information,representations,and materials are incorporated by reference The inaccuracy of the submissions or any material changes shall,at the option of the Department and with 30 days written notice to the Recipient,cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient (b) This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County If any provision of this Agreement is in conflict with any applicable statute or rule,or is unenforceable,then the provision shall be null and void to the extent of the conflict, and shall be severable,but shall not invalidate any other provision of this Agreement (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement (d) This Agreement may be executed in any number of counterparts,any one of which may be taken as an original (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 United States Code (USC) Section 12101 et seq) and the Florida Civil Rights and Fair Housing Acts (sections 760 01 —760 37,FS),which prohibit discrimination by public and private entities on the basis of disability in employment,public accommodations,transportation,state and local government services,and telecommunications (f) A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier, subcontractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of$25,000 00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list (g) Any Recipient which is not a local government or state agency,and which receives funds under this Agreement from the federal government,certifies, to the best of its knowledge and belief, that it and its principals Rev 6/20/2014 10 1 Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by a federal department or agency, 2 Have not,within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public (federal,state or local) transaction or contract under public transaction,violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property, 3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission of any offenses enumerated in paragraph 19(g)2 of this certification,and 4 Have not within a 5-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement In addition,the Recipient shall send a completed Form SC-37, Certification Regarding Debarment, Suspension,And-Other Responsibility Matters—Primary Covered Transactions,to the Department for each prime contractor that the Recipient plans to hire under this Agreement The form must be received by the Department before the Recipient enters into a contract with the respective prime contractor (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modification in accordance with Chapter 216,FS,or the Florida Constitution (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof 0) Any bills for travel expenses shall be submitted in accordance with Section 112 061,FS (k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount (1) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286 011,FS) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board All of these meetings shall be publicly noticed,open to the public, and the minutes of all the meetings shall be public records,available to the public in accordance with Chapter 119,FS (20) Lobbying Prohibition (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency Rev 6/20/2014 11 (b) The Recipient certifies,by its signature to this Agreement, that to the best of his or her knowledge and behef 1 No Federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient,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 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 will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" 3 The Recipient shall require that this certification be included m the award documents for all subawards (including subcontracts,subgrants, and contracts under grants,loans,and cooperative agreements) and that all subrecipients shall certify and disclose This certification is a material representation of fact upon which rehance 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 31 USC 1352 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 (21) Copyright,Patent and Trademark Any and all Patent Rights accruing under or in connection with the performance of this agreement are hereby reserved to the State of Florida. Any and all Copyrights accruing under or in connection with the performance of this agreement are hereby transferred by the Recipient to the State of Florida. • (a) If the Recipient has a pre-existing patent or copyright,the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement,or in any way connected with it,the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida If any books,manuals, films,or other copyrightable material are produced, the Recipient shall notify the Department Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida Rev 6/20/2014 12 (c) Within 30 days of execution of this Agreement,the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed Failure to disclose will indicate that no such property exists The Department shall then,under Paragraph(b),have the right to all patents and copyrights which accrue during performance of the Agreement (22) Legal Authorization. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement (23) Public Record Responsibilities (a) Recipient must notify DEO,both by e-mail and first class mail,within one (1) business day from receipt of all request(s) for pubhc records,as a public record is defined in Section 119 011,Florida Statutes In accordance with Chapter 119 of the Florida Statutes,Recipient shall be responsible for responding to all public records requests per the cost structure provided for records made or received by Recipient in conjunction with this Agreement,unless the records are exempt from section 24(a) of Article I of the State Constitution and Section 119 07(1),Florida Statutes Notice of public records requests received by the Recipient shall be e-mailed to PRRequest @deo myflorida corn and mailed to Public Records Coordinator Department of Economic Opportunity 107 East Madison Street Tallahassee,Florida 32399 Office (850) 245-7140 (b) This Agreement may be terminated by DEO for refusal by the Recipient to comply with Florida's public records laws or to allow public access to any non-exempt public record made or received by the Recipient in conjunction with this Agreement (24) Employment Eligibility Verification (a) Executive Order 11-116, signed May 27,2011,by the Governor of Florida,requires DEO contracts in excess of nominal value to expressly require Recipient to 1 Un117e the U S Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the Agreement term,and, Rev 6/20/2014 13 2 Include in all prime contracts under this Agreement, the requirement that contractors and subcontractors performing work or providing services pursuant to this Agreement uti]»e the E-Verify system to verify the employment eligibility of all new employees hired by the contractors and subcontractors during the term of the contract (b) E-Verify is an Internet-based system that allows an employer,using information reported on an employee's Form I-9,Employment Eligibility Verification,to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding(MOU),the responsibilities and elections of federal contractors, however,may vary, as stated in Article II D 1 c of the MOU There is no charge to employers to use E-Verify The Department of Homeland Security's E-Verify system can be found at http//www dhs gov/files/programs/gc_1185221678150 shtm (c) If Recipient does not have an E-Verify MOU in effect,Recipient must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement Rev 6/20/2014 14 State of Florida Department of Economic Opportunity Federally Funded Subgrant Agreement Signature Page Contract Number 15DB-OH-06-45-02-N 44 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,month,and year set forth below City of Clermont Department of Econo is Opportunity ' 1 By ,. Date 7 .4„A 1 k Date uthrized Signature) / / o,qBy (Authoriz d Signa re)' Name Harold Turville,Jr Name - LC%A/1'1 «U ScvD,P a ! rg Title Mayor Title - Federal Tax ID# 596000290 b�' ��/ ��✓is�o�/�f G1JA'//17C1�,��7y�ei/uOin� DUNS# 937993855 Approved as to form and legal sufficiency, subject only to the full and proper execution by the parties Office of the General Counsel Department of Economic Opportunity By CL Approved Date B/z4i/rf Rev 6/20/2014 15 Exhibit- 1 Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Agency: U S Department of Housing and Urban Development Catalog of Federal Domestic Assistance Community Development Block Grants/State's Title: Program and Non-entitlement Grants in Hawaii Catalog of Federal Domestic Assistance#: 14 228 Award Amount: $700,000 00 Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1 The Recipient shall perform the obligations in accordance with 24 Code of Federal Regulations, Subpart I, Sections 570 480—570 497 2 The Recipient shall be governed by the Federal Laws, rules and regulations identified zn Attachments B and K of this Agreement 3 The Recipient shall be governed by Sections 290 0401-048,Florida Statutes, 4 The Recipient shall perform the obligations zn accordance with Chapter 73C-23, Florida Administrative Code, the Program Budget, Attachment A of this Agreement, the Activity Work Plan, Attachment I of this Agreement, and Program, Category Specific, and Special Conditions,Attachment J of this Agreement State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: N/A Matching Resources for Federal Programs: N/A Subject to Section 215.97,Flonda Statutes: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE Section 400(d) of OMB Circular A-133, as revised, and, Section 215 97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 to be provided to the Recipient Rev 6/20/2014 16 Attachment A Program Budget Rev 6/20/2014 17 v o a a� .. o cl o a 7h 0 z ea cu , r. a o U �, a � t 0 8 CI v Cr) N 9 •a 0 O O 0 Z 0 c,i 0 0 0 0 •n � CO O ° 'O o,. 0 ea v s- Q mi O w ,i tn.r 5 O M ': CL CU F�1 ea C 0 0 cc E,� �, 0 0 0 S. 0 z � � 000 o - o .0 o cn o v Cl) ° m C 0 -1 al E V �h a-� 00 00 00 0 b ea CL l./ 0 0 0 0 00 ea • ++ W p o 0 0 0 CU N E � o 00 q a1i OA U . . .a 0 -0 � ym= 14:2.t. E `d E M V' Y3 E f0 w p O +o+ M(NI E L y co H 0 © oo O is R en L U H CA 0. 00 a r. - U rts a Q ;E c u , Q o o v a) L L 0 v �1 a E 0 of y 7 f0 l y • +, lam+ V o co C Q V CO o cn E g ti o 4 z o E a, a. o 0 E a a x u U v d 0 o o a 4-, W C a a b u = . a e n a' 0 o D a a E 0 p U a., S C U 3 5 °' a .5 E a Q o 04 .. ea 0 u Ci. W D .a °m 0 O u o u U N cl • y 0 = a .-. (N en 7 ,fl V• N •wL) 5 — M C' C y O vl W z N O O LT. .y Cl) > Attachment B State and Federal Statutes and Regulations By signature of this Agreement,the local government hereby certifies that it will comply with the following applicable federal and state requirements: State and Federal Statutes and Regulations 1 Community Development Block Grant,24 CFR 17 Preservation of Archaeological and Historical Part 570,Subpart I, Data Act of 1966, 2 Florida Small and Minority Business Act, §288 702- 18 Florida Coastal Zone Protection Act,§161 52- 288 714,Florida Statutes, 161 58,F S, 3 Administrative Requirements for Grants,24 CFR 19 Reservoir Salvage Act, Part 85, 20 Safe Drinking Water Act of 1974,as amended, 4 Local Government Comprehensive Planning and 21 The Federal Water Pollution Control Act of 1972, Land Development Regulation Act,Chapter 163, as amended (33 USC,§1251 et seq), Florida Statutes, 22 Clean Water Act of 1977, 5 Title I of the Housing and Community 23 Davis—Bacon Act—sets requirement for paying Development Act of 1974,as amended, prevailing wages on federally funded projects, 6 Treasury Circular 1075 regarding drawdown of 24 Contract Work Hours and Safety Standards Act of CDBG funds, 1962,40 USC §327 et seq, 7 Sections 290 0401-290 048,Florida Statutes, 25 The Solid Waste Disposal Act,as amended by the 8 Chapter 73C-23,Florida Administrative Code, Resource Conservation and Recovery Act of 1975 9 CDBG Technical Memorandums, (42 USC, §6901 et seq), 10 HUD Circular Memorandums applicable to the 26 Architectural Barriers Act of 1968,42 USC 4151, Small Cities CDBG Program, 27 Cost-Effective Energy Conservation Standards, 11 Single Audit Act of 1984, 24 CFR Part 39, 12 Environmental Review Procedures 24 CFR Part 58, 28 Federal Fair Labor Standards Act,29 USC,§201 et 13 Environmental Criteria and Standards 24 CFR Part seq, 51, 29 Uniform Relocation Assistance and Real Property 14 Floodplain/Wetland Management 24 CFR Part 55 Acquisition Policies Act of 1970,P L, 100-17,and and Executive Orders 11988(Floodplain 49 CFR Part 24, Management) and 11990 (Protection of Wetlands), 30 Copeland Anti-Kickback Act of 1934, 15 National Environmental Policy Act of-1969 and 31 Hatch Act of 1939,as amended, other provisions of law which further the purpose 32 Title IV Lead-Based Paint Poisoning Prevention Act of this act, (42 USC, §1251 et seq), 16 National Historic Preservation Act of 1966 (Public 33 OMB Circulars A-87,A-102,A-122,and A-133,as Law 89-665) as amended and Protection of revised, Historic Properties (24 CFR Part 800) and other 34 Section 102 of the Department of Housing and provisions of law which further the purpose of this Urban Development Reform Act of 1989 and 24 act, CFR Part 12 Rev 5/20/2014 19 Attachment C Reports The following reports must be completed and submitted to the Department in the time frame indicated Failure to timely file these reports constitutes an event of default,as defined in Paragraph(10) of this Agreement 1 The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually The form must reflect all contractual activity for the period If no activity has taken place during the reporting period,the form must indicate"no activity" 2 A Quarterly Progress'Report must be submitted to the Department 15 days after the end of the quarter on the report form provided by the Department April 15,July 15,October 15 and January 15 3 The Administrative Closeout Package must be submitted to the Department 45 days after the Agreement termination date 4 In accordance with OMB Circular A-133,revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and submitted to-the Department no later than nine months from the end of the Recipient's fiscal year If the Recipient did not meet the audit threshold,a certification must be provided to the Department no later than nine months from the end of the Recipient's fiscal year 5 The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements 6 Request for Funds must be submitted as required by the Department of Economic Opportunity and as scheduled on Attachment E—Activity Work Plan Rev 6/20/2014 20 Attachment D Warranties and Representations Financial Management Recipient's financial management system must include the following (1) Accurate,current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays,income and interest (3) Effective control over and accountability for all funds, property and other assets Recipient shall safeguard all assets and assure that they are used solely for authorized purposes (4) Comparison of expenditures with budget amounts for each Request for Payment (RFF) Whenever appropriate, financial information should be related to performance and unit cost data (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement (6) Cost accounting records that are supported by backup documentation Competition All procurement transactions shall be done in a manner to provide open and free competition The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade In order to ensure excellent contractor performance and eliminate unfair competitive advantage,contractors that develop or draft specifications, requirements, statements of work,and invitations for bids and/or requests for proposals shall be excluded from competing for such procurements Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,considering the price,quality and other factors Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient Any and all bids or offers may be rejected if there is a sound,documented reason [See 24 CFR§85 36(d)(2)(n)E] Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts No employee,officer,or agent shall participate in the selection,award,or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved Such a conflict would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in the firm selected for an award The officers, employees,and agents of the Recipient shall neither solicit nor accept gratuities, favors,or anything of monetary value from contractors or parties to subcontracts The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,employees,or agents of the Recipient Rev 6/20/2014 21 Business Hours The Recipient shall have its offices open for business,with the entrance door open to the public,and at least one employee on site at all reasonable times for business "Reasonable" shall be construed according to circumstances,but ordinarily shall mean normal business hours of 8 00 a m to 5 00 p m,local time,Monday through Friday Licensing and Permitting All contractors or employees hired by the Recipient shall have all current hcenses and permits required for all of the particular work for which they are hired by the Recipient Rev 6/20/2014 22 Attachment E Activity Work Plan Rev 6/20/2014 23 ■ Tr o 0 ^ O O O O O O O O O O O O .a O O O O O o o O O O O O o v ca y b ate+ o O O O O O 0 0 0 0 0 0 y ah da y 0 - <5.) 44 O O O O O 0 0 0 © O ,y+ © A O s O O O O O O o N C4 a V} 0 '"" N 0 0 N in 04 E Els).b a 0 . d o o Z $ 'o v o 0 0 0 0 0 0 0 0 0 0 0 0J iw 0 0 0 0 0 0 0 0 0 0 0 0 en 44 uti v A 0 0 0 0 0 0 0 0 0 0 0 0 � o 0 0 0 0 ill .n 0 �n o 0 Eft m o' p co" r- in" • ��jj v. in r N- M M z 0 W VW E fu .b O �'~., 'En O ++ CCI O` U 2 b MI a v �� y '' Q a) LT. �l �l - +. 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W -, I� 6 O O E � 1. • 2 R v s W U V ct u L u o s � v, P C i) U 1., Zt -T1 E a b V° cz o "CI O .. x o 0 0 Uj 0 U Q a, U U U a, o V °i \ o N o m W o N v1 ° Q 2 i w C \ \ \ o O w o a o a: C FG 'O P� u o in °o U A O V Ua ;? N in ' y O ,� o a o A. as a 5 ° ao"i C C a, a) V a p C QJ r�� y yym o ��+ 34 0 y O U c�a c�a �a CI 40.Ztt E` (V U y s o C O O A C C C C co O ti s S U Qo to /0 0 a a v n° = -ay -o Q. ,.n A 4. li m a �-, Q a, at x+ U U U U -C b CI o � fi q Q u C g C a, a) v� C Ct N Ct C O w W 0 bA p Li U C C C C 0 v v v w bC a" U U U U v Q Y. N ,n ttl >, 7 7 7 N N in in in .7 .7 .0 tj" U U C '- is b e r 0 0 0 o r o 0 co CO t' t W o V o CO u z :: ad• U A ' o a, 1-, x Q la. y C 0 0 o N 0 0 0 0 0 0 0 0 0 CC Z Attachment F Program, Category Specific, and Special Conditions Program Conditions 1 The Recipient shall demonstrate that progress is being made in completing project activities in a timely fashion Within 180 days of the subgrant award,the Recipient shall complete the following activities a Submit the environmental assessment to the Department for review, b Request approval for all professional service contracts, c Submit an initial Request for Funds (RFF) for administrative services,if applicable, d Request a wage decision(s) for apphcable construction activities if points were received on the application for Readiness to Proceed, e For Housing Rehabilitation subgrants,a list of applicants for assistance shall be developed and a copy provided to the Department,and f For Commercial Revitalization subgrants,if facades are to be renovated,a hst of businesses that will be assisted shall be developed and a copy provided to the Department If the Recipient does not comply with all applicable criteria hsted above,a justification for the delay and a plan for timely accomplishment must be submitted to the Department The Department shall rescind any subgrant for which the Recipient has not completed activities a-f hsted above unless it can provide adequate justification for the delay 2 The Recipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget/activity line items as defined on Attachment A(Program Budget) and Attachment E (Activity Work Plan) 3 No costs may be incurred prior to the effective date of this Agreement,except for those eligible apphcation preparation costs outlined in the original Small Cities CDBG Application for Funding submitted to the Department,unless pre-agreement costs were approved in writing by the Department 4 The Recipient shall request approval of all professional services contracts that will be reimbursed with CDBG funds Copies of the following documents must be provided to the Department for review a When publication of the RFP is used as a means of solicitation, a copy of the advertisement, including an affidavit of publication, b A list of entities to whom a notification of the request for proposals was provided by mail or fax (if applicable), c For engineering contracts,a list of firms that submitted a proposal(only if short-listing procedure was used), d Completed short-listing evaluation/ranking forms,including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used), - e Completed and signed final evaluation/ranking forms, f Commission minutes approving contract award, Rev 6/20/2014 25 g Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals), h The proposed contract, i Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $150,000, j If a protest was filed,a copy of the protest and documentation of resolution, k A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds$25,000 Additionally, the Recipient shall not enter into a contract to be paid with CDBG funds based on a sole source or single proposal procurement without prior written approval from the Department Failure to secure prior written approval shall relieve the Department of any obligation to fund the said procurement contract Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient,and 1 If a regional planning council or local government is performing administration services,the Recipient shall submit only a copy of the contract and cost analysis information The Department will either approve the procurement or notify the Recipient that the procurement cannot be approved because it violates State, federal or local procurement guidelines The Recipient must notify the Department in writing no later than ninety(90) days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non- CDBG funds to pay for professional services 5 Prior to the obligation or disbursement of any funds,except for administrative expenses for all subgrants other than Economic Development subgrants,not to exceed$5,000,and for Economic Development Grants,not to exceed$8,000,but in any case,no later than 90 days from the effective date of this Agreement,the Recipient shall complete the following a Submit and obtain the Department's approval of the documentation required in paragraph 3 above for any professional services contract The Recipient proceeds at its own risk if more than the specified amount is incurred before the Department approves the procurement If the Department does not approve the procurement of a professional services contract, the local government will not be able to use CDBG funds for that contract beyond$5,000 ($8,000 for Economic Development) b Comply with procedures set forth in 24 CFR Part 58,Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 CFR Section 1500-1508,National Environmental Policy Act Regulations When this condition has been fulfilled to the satisfaction of the Department,the Department will issue a Notice of Removal of Environmental Conditions 6 The Recipient shall obtain approval from the Department pnor to requesting CDBG funds for engineering activities and costs which are additional engineering as defined in Rule 73C-23 0031(1), Florida Administrative Code 7 Should the recipient undertake any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including notice to property owners of his or her rights under URA,invitation to accompany the appraiser,all appraisals,offer to the owner,acceptance,contract for sale, statement of settlement costs,copy of deed, waiver of rights (for donations),as applicable The documentation shall be submitted prior to completing the acquisition(closing) so that the Department can determine whether remedial action may be needed Rev 6/20/2014 26 8 The Recipient shall,prior to the disbursement of any CDBG administrative funds exceeding$15,000, provide to the Department a copy of all engineering specifications and construction plans,if required, for the activities described in the Agreement The Recipient shall also furnish the Department,prior to sohcitmg bids or proposals,a copy of bid documents for services and/or materials to provide those services and/or materials for construction activities when the bids are expected to exceed$25,000 Additionally,the Recipient shall not pubhsh any request for bids for construction purposes or distribute bid packages until the Department has provided its written acceptance of the engineering specifications, construction plans,and bid documents 9 For each procured construction contract in Neighborhood Revitalization,Commercial Revitahzation and Economic Development projects for which CDBG funding will be requested, the Recipient shall submit the following procurement documents a A copy of the bid advertisement,including an affidavit of pubhcation, b Documentation of the Recipient's efforts made to inform minority-and woman-owned businesses of the opportunity to bid on the construction contract, c A copy of the bid tabulation sheet, d A copy of the engineer's recommendation to award, e A letter requesting sole source approval,if applicable, f A copy of the bid bond(5%of the bid price) for the prime contractor(s) selected to do the work, and, g Completed copies of the following forms • Bidding Information and Contractor Eligibility—Form SC-51, • Certification Regarding Debarment,Suspension,And Other Responsibility Matters (Primary Covered Transactions)—Form SC-37, • Section 3 Participation Report (Construction Prime Contractor)—Form SC-52, • Certification Regarding Debarment,Suspension,Inehgibihty and Voluntary Exclusion (Subcontractor)—Form SC-38,if applicable, • Section 3 Participation Report(Construction Subcontractor) —Form SC-53,if applicable, and, • Documentation for Business Claiming Section 3 Status—Form SC-54,if applicable 10 For each Commercial Revitalization,Economic Development and Neighborhood Revitalization RFF that includes reimbursement of construction costs,the recipient shall provide a copy of the American Institute of Architects (AIA) form G702,Application and Certification for Payment,or a comparable form approved by the Department,signed by the contractor and inspection engineer,and a copy of form G703,Continuation Sheet,or a comparable form approved by the Department For each Housing Rehabilitation RFF that includes construction costs,the recipient shall provide a copy of AIA form G702,or a comparable form approved by the Department, signed by the contractor and the local building inspector or housing specialist and a copy of form G703,or a comparable form approved by the Department 11 When the Recipient issues the Notice to Proceed to the contractor(s),copies of the following documents shall be sent to the Department a Notice to Proceed, b The contractor's performance bond (100%of the contract price),and c The contractor's payment bond (100%of the contract price) Rev 6/20/2014 27 12 The Recipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 CFR Section 570 487(b)(4) 13 All leveraged funds shall be expended concurrently and, to the extent feasible,proportionately with the expenditure of CDBG funds for the same activity The Recipient shall document the expenditure of leveraged funds required for the points claimed in the application as it may have been amended through the completeness process and as reflected on Attachment A of this Agreement Except for the CDBG portion of the cost of post-administrative closeout audits,all funds claimed for leverage shall be expended after the date of site visit and prior to subnussion of the administrative closeout 14 The resulting product of any activity funded under this Agreement as amended shall be ineligible for rehabilitation or replacement with CDBG funds for a period of five (5) years 15 A deed restriction shall be recorded on any real property or facility,excluding easements,acquired with CDBG funds This restriction shall limit the use of that real property or facility to the use stated in the sub-grant application and that title shall remain in the name of the Recipient Such deed shall be made a part of the public records in the Clerk of Court of the county in which the real property is located Any future disposition of that real property shall be in accordance with 24 CFR 85 31 Any future change of use shall be in accordance with 24 CFR 570 489(1) 16 For structures constructed prior to 1978,the Recipient shall provide that appropriate abatement procedures will be undertaken should lead-based paint be found on a structure scheduled for rehabilitation in whole or in part with CDBG funds and that the owners and/or occupants of the building will be advised a The property may contain lead-based paint, b The hazards of lead-based paint, c The symptoms and treatment of lead poisoning, d The precautions to be taken to avoid lead-based paint poisoning(including maintenance and removal techniques for eliminating such hazards), e The need for and availability of blood lead-level screening for children under seven years of age,and 17 The Recipient shall comply with the historic preservation requirements of 24 CFR 58 17 and the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 18 Pursuant to Section 102(b),Public Law 101-235,42 USC Section 3545,the Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which would require that updates be prepared The Recipient must disclose a All developers,contractors,consultants,and engineers involved in the apphcation or in the planning, development,or implementation of the project or CDBG funded activity,and b Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or ten percent (10%) of the grant,whichever is less 19 A final Form HUD 2880,if required, shall be provided to the Department with the request for administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout Rev 6/20/2014 28 f 20 Conflicts of Interest relating to procurement shall be addressed pursuant to 24 CFR 570 489(g) Conflicts of interest relating to acquisition or disposition of real property,CDBG financial assistance to beneficiaries,businesses,or other third parties,or any other financial interest,whether real or perceived, shall be addressed pursuant to 24 CFR 570 489(h) 21 Any payment by the Recipient using CDBG funds for acquisition of any property,right-of-way,or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by the Department prior to distribution of the funds Should the Recipient fail to obtain Department pre-approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG funds 22 The Recipient shall take photographs or video of all activity locations prior to initiating any construction As the construction progresses,additional photography or videography shall document the ongoing improvements Upon completion of construction,final documentation of the activity locations will be provided to the Department with administrative closeout documents 23 If an activity is designed by an engineer,architect,or other licensed professional,it shall be certified upon completion by a licensed professional as meeting the specifications of the design,as may have been amended by change orders The date of completion of construction shall be noted as part of the certification This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package 24 If necessary, the Recipient shall retain sufficient administration funds to ensure Internet access,including email, for the duration of the contract,including any time extensions If the Recipient does not already have a computer designated to the person responsible for grant oversight,which is located in the program office and capable of Internet access, administrative funds may be used as needed to obtain,at reasonable cost, a computer to allow Internet access Category Specific Conditions for Neighborhood Revitalization Grants Only 1 If the Recipient is undertaking the installation of water lines with CDBG funds for the purpose of fire protection,those lines shall only be converted to a potable water distribution system if the housing units of all low-and moderate-income families in the service area are hooked up to the potable water system at no cost to low-and moderate-income households These hookups must be accomplished prior to or concurrent with conversion of the water lines to a potable water distribution system 2 Recipients are responsible for verifying and maintaining documentation verifying that households receiving direct benefit,in the form of hookups to potable water and/or sewage collection lines,meet program requirements regarding the low-to-moderate income national objective The homeowner files must be maintained locally and at a mumnum contain the following a. The name of the owner,the address of the property, and family size, b The method and source documentation used to verify household income, C. Documentation that the income of the household is below Section 8 income limits based on family size, d The method and source documentation used to verify of home ownership,and e If rental property is involved,an acceptable five-year written agreement with the owner(s) related to affordability and subsequent rate increases The Information must be maintained for review and verification during on-site monitoring visits Rev 6/20/2014 29 3 The following data shall be provided for each activity at administrative closeout [For activities that provided indirect benefit(i e,road paving,water and sewer improvements, parks, fire protection),beneficiary data shall be provided for all residents of the households being served For activities that provided direct benefit(i e,utility hookups,housing rehabilitation, temporary relocation), beneficiary data shall be provided based solely on the head of household a The number of females and female heads of households,the number of handicapped persons, the number of elderly persons, b The number LMI and VII beneficiaries proposed and actually served,and c The racial demographics (White,African American,Asian,American Indian or Alaskan Native, Native Hawanan/Pacific Islander,American Indian or Alaskan Native and White,Asian and White, African American and White,American Indian/Alaskan Native and African American,other multi- racial or Hispanic) of all indirect beneficiaries and of heads of households for direct beneficiaries,and d Name of each head of household,owner, and address of each housing unit rehabilitated with CDBG funds,the date the construction was completed on the housing unit,and the amount of CDBG funds spent on that housing unit Special Conditions 1 The City shall update and adopt an Affirmative Action Plan that includes procedures for soliciting minority and women business participation in CDBG-funded activities A copy of the revised adopted Plan must be provided to the Department prior to the obligation or disbursement of any funds,except for administrative expenses,not to exceed five thousand dollars ($5,000),but in any case, no later than 90 days from the effective date of this Agreement 2 The City shall revise and adopt an,EEO Ordinance or Resolution that includes "genetics"as one of the EEO protective classes A copy of the revised adopted Ordinance or Resolution must be provided to the Department prior to the obligation or disbursement of any funds,except for administrative expenses,not to exceed five thousand dollars ($5,000),but in any case,no later than 90 days from the effective date of this Agreement 3 The City shall complete its self-evaluation for each building or facility owned and operated by the Town that is regularly used by the public,and,if applicable,develop a transition plan that specifies a schedule to correct any deficiencies and provide copies to the Department when completed A copy of the self-evaluation and transition plan,if applicable,must be provided to the Department prior to the obligation or disbursement of any funds,except for administrative expenses,not to exceed five thousand dollars ($5,000),but in any case, no later than 90 days from the effective date of this Agreement Rev 6/20/2014 30 f Attachment G Civil Rights Compliance Assurance Fair Housing As a condition for the receipt of Small Cities Community Development Block Grant funds,each recipient must certify that it will"affirmatively further fair housing"in its community A recipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions hsted below Each recipient shall do the following 1) Have in place a fair housing resolution or ordinance that covers all federally protected classes [race, color,familial status,handicap, national origin,religion,and sex], 2) Publish quarterly a phone number that people can call to ask fair housing questions or register a complaint, 3) Designate an employee who is available Monday through Friday during regular business hours to receive fair housing calls, 4) Estabhsh a system to record the following a) The nature of the calls, b) The actions taken in response to the calls,and c) The results of the actions taken,and d) The end results of referrals to other agencies,when applicable, 5) Conduct at least one fair housing activity each quarter Identical activities shall not be conducted in consecutive quarters (See examples below),and 6) Display a fair housing poster in the CDBG Office (This does not count as a fair housing activity) The fair housing contact person is expected to have received training so that they can handle fair housing phone inquiries or to refer the inquiries to the appropriate people/agencies Records maintained by the contact will help the community do the following • Define where discriminatory practices are occurring, • Help the community measure the effectiveness of its outreach efforts,and • Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments Examples of fair housing activities include the following • Making fair housing presentations at schools,civic clubs,and neighborhood association meetings, • Manning a booth and distributing fair housing materials at libraries, health fairs,community events, yard sales,and church festivals,and • Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company employees,insurance agents,and apartment complex owners Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity Placing a few posters in public buildings does not meet the requirement for a fair housing activity Recipients shall document their fair housing activities by keeping photographs, newspaper articles,sign-in sheets and copies of handouts in their CDBG project file and include information about the activities in the comment section of each quarterly report Rev 6/20/2014 31 ti __ Equal Employment Opportunity As a condition for the receipt of Small Cities Community Development Block Grant funds,each recipient must certify that it and the contractors that it hires with CDBG funds will abide by the Equal Employment Opportunity Laws of the United States A recipient shall demonstrate its commitment to abide by the laws through the actions listed below Each recipient shall do the following 1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors from discrimination in hiring, promotion,discharge,pay,fringe benefits,job training,classification,referral, and other aspects of employment,on the basis of race,color,religion,sex,national origin,disability,age,or genetics, 2) Publish quarterly a phone number that residents can call to ask equal employment opportunity questions or register a complaint, 3) Designate an employee who is available Monday through Friday during regular business hours to receive equal employment opportunity calls,and 4) Establish a system to record the following a) The nature of the calls, b) The actions taken in response to the calls, and c) The results of the actions taken, Each recipient shall maintain a list of certified minority-owned business enterprises (MBE) and women- owned business enterprises (WBE) that operate in its region The recipient shall use this list to solicit companies to bid on CDBG-funded construction activities and shall provide a copy of the list to the prime contractor to use when it hires subcontractors The Department of Management Services maintains a list of certified minority-and women-owned businesses that can be used to develop a local MBE/WBE list at the following website https //vendorstrator dms myflorida com/directory Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of Small Cities Community Development Block Grant funds,each recipient must certify that it provides access to all federally funded activities to all individuals,regardless of handicap A recipient shall demonstrate its commitment to abide by the laws through the actions listed below Each recipient shall do the following 1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment,or c) Is regarded as having such an impairment, 2) Publish a phone number that residents can call to ask questions or register a complaint related to Section 504 or the Americans with Disabilities Act, 3) Designate an employee who is available Monday through Friday during regular business hours to receive calls,and 4) Establish a system to record the following a) The nature of the calls, b) The actions taken in response to the calls,and c) The results of the actions taken Rev 6/20/2014 32 The Section 504 prohibitions against discrimination(See 45 CFR Part 84) apply to service availability, accessibility,delivery,employment,and the administrative activities and responsibilities of organizations receiving Federal financial assistance A recipient of Federal financial assistance may not,on the basis of disability • Deny qualified individuals the opportunity to participate in or benefit from federally funded programs,services,or other benefits, • Deny access to programs,services,benefits or opportunities to participate as a result of physical barriers,or • Deny employment opportunities,including hiring,promotion,training,and fringe benefits,for which they are otherwise entitled or qualified The ADA (Tide II,28 CFR Part 35,and Tide III, 28 CFR Part 36)prohibits discrimination on the basis of disability in employment,State and local government,public accommodations,commercial facilities, transportation,and telecommunications To be protected by the ADA,one must have a disability or have a relationship or association with an individual with a disability Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding Tide II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs,services,and activities (e g public education, employment,transportation,recreation,health care,social services,courts,voting,and town meetings) State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings They also must relocate programs or otherwise provide access in inaccessible older buildings,and communicate effectively with people who have hearing,vision,or speech disabilities Title III covers businesses and nonprofit service providers that are public accommodations,privately operated entities offering certain types of courses and examinations,privately operated transportation,and commercial facilities Public accommodations are private entities who own,lease,lease to,or operate facilities such as restaurants,retail stores,hotels,movie theaters,private schools,convention centers,doctors' offices,homeless shelters, transportation depots,zoos, funeral homes,day care centers,and recreation facilities including sports stadiums and fitness clubs Transportation services provided by private entities are also covered by Title III Section 3 - Economic Opportunities for Low- and Very Low-Income Persons Each recipient shall encourage its contractors to hire qualified low and moderate income residents for any job openings that exist on CDBG-funded projects in the community The recipient and its contractors shall keep records to document the number of low and moderate income people who are hired to work on CDBG-funded projects The number of low and moderate income residents who are hired to work of the project shall be reported in the comment section of the quarterly report The following clause from 24 CFR Part 135 38 is required to be included in CDBG-funded contracts of $100,000 or more Section 3 Clause. A The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC§1701u (Section 3) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall, to the greatest extent feasible,be directed to low- and very low-income persons,particularly persons who are recipients of HUD assistance for housing B The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,which implement Section 3 As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations Rev 6/20/2014 33 C The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each,and the name and location of the person(s) taking apphcations for each of the positions,and the anticipated date the work shall begin D The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135,and agrees to take appropriate action,as provided in an apphcable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135 The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135 E The contractor will certify that any vacant employment positions,including training positions, that are filled (1) after the contractor is selected but before the contract is executed,and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135 F Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts G With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act(25 USC 450e) also applies to the work to be performed under this contract Section 7(b) requires that to the greatest extent feasible(i) preference and opportunities for training and employment shall be given to Indians,and (u) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b) Rev 6/20/2014 34 Civil Rights Regulations As a condition for the receipt of Small Cities Community Development Block Grant funds,each recipient must certify that it will abide by the following Federal laws and regulations 1 Title VI of the Civil Rights Act of 1964—Prohibits discrimination by government agencies that receive Federal funding, 2 Title VII of the Civil Rights Act of 1964—prohibits employment discrimination on the basis of race, color,religion,sex,or national origin, 3 Title VIII of the Civil Rights Act of 1968—as amended (the Fair Housing Act of 1988), 4 24 CFR§570 487(b)—Affirmatively Furthering Fair Housing, 5 24 CFR§570 490(b)—Recordkeeping Requirements, 6 24 CFR§570 606(b)—Relocation assistance for displaced persons at URA levels, 7 Age Discrimination Act of 1975, 8 Executive Order 12892—Fair Housing, 9 Section 109 of the Housing and Community Development Act of 1974—No person shall be excluded from participation in,denied benefits of,or subjected to discrimination under any program or activity receiving CDBG funds because of race,color,religion,sex or national origin, 10 Section 504 of the Rehabilitation Act of 1973 and 24 CFR Part 8,which prohibits discrimination against people with disabilities, 11 Executive Order 11063—Equal Opportunity in Housing, 12 Executive Order 11246—Non-discrimination,and 13 Section 3 of the Housing and Urban Development Act of 1968,as amended—Employment/Training of Lower Income Residents and Local Business Contracting I hereby certify that the City of Clermont shall comply with all of the provisions and Federal regulations hsted in this attachment Date % 's0/90/ (Authorized Signature) Name Harold Turville,Jr Title Mayor Rev 6/20/2014 35 Attachment H Audit Requirements The administration of resources awarded by DEO to the recipient may be subject to audits and/or monitoring by DEO as described in this section Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215 97, F S,as revised (see`-`AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by DEO staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by DEO In the event DEO determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by DEO staff to the recipient regarding such audit The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer(CFO) or Auditor General Audits Part I: Federally Funded This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised 1 In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December 31,2003) or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised Exhibit 1 to this agreement indicates Federal resources awarded through DEO by this agreement In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,including Federal resources received from DEO The determination of amounts of Federal awards expended`should be in accordance with the guidelines estabhshed by OMB Circular A- 133,as revised An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,will meet the requirements of this part 2 In connection with the-audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133,as revised 3 If the recipient expends less than$300,000 ($500,000 for fiscal years ending after December 31, 2003)in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,is not required In the event that the recipient expends less than$300,000 ($500,000 for fiscal years ending after December 31,2003)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular 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 the recipient resources obtained from other than Federal entities) 4 Although the audit provisions of OMB Circular A-133 ordinarily do not apply to for-profit sub recipients,in the ease of Federal funding provided by the U S Department of Health and Human Services,Circular A-133 does apply See 45 CFR 74 26 for further details Rev 6/20/2014 36 5 A web site that provides links to several Federal Single Audit Act resources can be found at http//harvester census gov/sac/sainfo html Part II: State Funded This part is applicable if the recipient is a non-state entity as defined by Section 215 97(2),Florida Statutes 1 In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year of such recipient (for fiscal years ending September 30,2004 or thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215 97,F S,apphcable rules of the Department of Financial Services,and Chapters 10 550(local governmental entities) or 10 650 (nonprofit and for-profit organizations),Rules of the Auditor General Exhibit 1 to this agreement indicates state financial assistance awarded through DEO by this agreement In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from DEO,other state agencies, and other non-state entities State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements 2 In connection with the audit requirements addressed in Part II,paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215 97(8),Florida Statutes This includes submission of a financial reporting package as defined by section 215 97(2),Florida Statutes,and Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for-profit organizations),Rules of the Auditor General 3 If the recipient expends less than$500,000 in state financial assistance in its fiscal year(for fiscal years ending September 30,2004 or thereafter), an audit conducted in accordance with the provisions of section 215 97,Florida Statutes,is not required In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215 97,F S,the cost of the audit must be paid from the non-state entity's resources (i e,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities) 4 Additional information regarding the Florida Single Audit Act can be found at http//www myflonda com/fsaa/statutes html Part III: Other Audit Requirements N/A Part IV: Report Submission 1 Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by Part I of this agreement shall be submitted,when required by Section 320 (d), OMB Circular A-133,as revised,by or on behalf of the recipient directly to each of the following at the address indicated A DEO at each of the following addresses Electronic copies (preferred) Audit(a,deo myflonda com or Rev 6/20/2014 37 Paper (hard copy) Department Economic Opportunity MSC# 130,Caldwell Building 107 East Madison Street Tallahassee, Fl 32399-4126 B The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised (the number of copies required by Sections 320 (d)(1) and (2),OMB Circular A-133,as revised,should be submitted to the Federal Audit Clearinghouse) at the following address http//harvester census gov/fac/collect/ddeindex html C Other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (f),OMB Circular A-133,as revised 2 Pursuant to Section 320 (f),OMB Circular A-133,as revised,the recipient shall submit a copy of the reporting package described in Section 320(c), OMB Circular A-133,as revised and any management letter issued by the auditor,to DEO at each of the following addresses Electronic copies (preferred) Auditadeo myflorida corn or Paper(hard copy) Department Economic Opportunity MSC# 130,Caldwell Building 107 East Madison Street Tallahassee,Fl 32399-4126 3 Copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following A DEO at each of the following addresses Electronic copies (preferred) Audit @deo myflorida corn or Paper (hard copy) Department Economic Opportunity MSC# 130,Caldwell Building 107 East Madison Street Tallahassee,Fl 32399-4126 B The Auditor General's Office at the following address Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Email Address flaudgen localgovtna,aud state fl us 4 Copies of reports or the management letter required by Part III of this agreement shall be submitted by or on behalf of the recipient directly to Rev 6/20/2014 38 A DEO at each of the following addresses N/A 5 Any reports,management letter,or other information required to be submitted to DEO pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,and Chapters 10 550 (local governmental entities)or 10 650 (nonprofit and for-profit organizations),Rules of the Auditor General,as apphcable 6 Recipients,when submitting financial reporting packages to DEO for audits done in accordance with OMB Circular A-133 or Chapters 10 550 (local governmental entities) or 10 650(non-profit and for- profit organizations),Rules of the Auditor General, should indicate the date that the reporting package was dehvered to the recipient in correspondence accompanying the reporting package Part V: Record Retention 1 The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5)years from the date the audit report is issued,or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer,and shall allow DEO,or its designee,CFO,or Auditor General access to such records upon request In addition,if any htigation,claim,negotiation, audit,or other action involving the records has been started prior to the expiration of the controlling period as identified above,the records shall be retained until completion of the action and resolution of all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer The recipient shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request for a period of five (5) years from the date the audit report is issued,unless extended in writing by DEO Rev 6/20/2014 39 Attachment I Audit Compliance Certification Rev 6/20/2014 40 :tM' Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audit@deo.myfiorida.com. Recipient City of Clermont FEIN 596000290 Recipient's Fiscal Year October 1 thru September 30 Contact Name James Iinzler Contact's Phone 352-241-0178 Contact's Email. jkinzler @clermontfl org 1 Did the Recipient expend state financial assistance, during its fiscal year, that it received under any agreement(e g, contract,grant, memorandum of agreement,memorandum of understanding, economic incentive award agreement, etc) between the Recipient and the Department of Economic Opportunity (DEO)7 ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2 Did the Recipient expend$500,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year ❑ Yes ❑ No If yes, the Recipient certifies that it will timely comply with all applicable state single or project- specific audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2 Did the Recipient expend federal awards,during its fiscal year, that it received under any agreement (e g, contract,grant,memorandum of agreement,memorandum of understanding, economic incentive award agreement,etc) between the Recipient and DEO7 ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this certification Did the Recipient expend$500,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes, the Recipient certifies that it will timely comply with all applicable single or program- specific audit requirements of OMB Circular A-133, as revised. By signing below, I certify, on behalf of the Recipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Rev 6/20/2014 41 Attachment J eCDBG Access Authorization Form Rev 6/20/2014 42 DEODepartment of Economic Opportunity—Small Cities Community Development Block Grant Program —_— Attachment J—eCDBG Access Authorization Form 6/20/2014 Submit an original eCDBG Access Authorization Form with each copy of the contract. Use the tab key to move between form fields when completing the form electronically. Recipient Name Contract Number Funding Source ®Small Cities CDBG City of Clermont 15DB-OH-06-45-02-N44 El DRI ❑NSP Mailing Address(Street or P 0 Box) P 0 Box 120219 City,State,and Zip Code Clermont,Florida 34712-0219 Recipient's DUNS# 937-99-3855 Recipient's FEID# 59-6000290 Note A maximum of two employees of the Recipient can be authorized to access eCDBG for this contract The individuals listed below have been designated to access eCDBG on behalf of the Recipient listed above for the purpose of subnutting Requests for Funds(RFFs) and required reports The eCDBG website address is—http//www deoecdbg com If you need to update the names of the individuals who are authorized to access eCDBG for this contract,submit a copy of SC-55,eCDBG Access Authorization Update Form,to the Department CDBG Program Phone Number (850)717-8405 Primary User's Name ^/ii/ir Date Joseph Van Zile Signs e Title Finance Director E-mail Address JVanZile @clermont org Secondary User's Name ��,,,// Date "'AP? James Kinzler /// Signature Title Director of Environmental Services E-mail Address JKinzler @clermontfl org As the Chief Elected Official of the Recipient,I certify that the above individuals are authorized to submit RFF's and reports through eCDBG on behalf of the Recipient. Name Harold Turville,Jr Date A3 Title Mayor ignatu e Additional Payment Information for Processing Requests for Funds ® Check here if the Recipient utilizes Electronic Funds Transfer(EFT) from the State of Florida ® Check here if the Recipient will be working on a reimbursement basis ❑ If this signature authority form pertains to a housing rehabilitation grant,check here if your local government will use an escrow account for housing activities CDBG payments to local governments using EFT are automatically deposited in the local government's general account If the account is interest bearing,the CDBG funds must be transferred to a non-interest bearing account You can check the status of your deposit at the Comptroller's website http//flair dbf state fl us/ Local governments not recewing EFT,and not working on a reimbursement basis,must establish a non-interest bearing account Provide account information for the financial institution(insured by FDIC)below All signatures on the account must be bonded Name of Financial Institution Account Number Address Telephone Number ( ) - City,State and Zip Code L i Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY September 10,2014 Certified Mail—Return Receipt Requested The Honorable Harold Turville,Jr. City of Clermont P. O. Box 120219 Clermont, Florida 34712 Re: Transmittal of Executed Subgrant Agreement Small Cities Community Development Block Grant (CDBG) Program Contract Number: 15DB-OH-06-45-02-N44 Dear Mayor Turville: We are pleased to return the City's executed CDBG Subgrant Agreement with the Department of Economic Opportunity(DEO). The contract must be retained as part of the official CDBG file and made available for public review upon request. Please note the following: • The FFY 2013 Subgrant Agreement includes many changes from previous years, including new Attachments H and I and revised language in Attachments F and J. Please make sure that everyone working on the project has reviewed to contract language • Do not incur or obligate more than$5,000 in expenses until the City has completed an environmental review of the project and received a release of funds notice from the Department. The City may incur up to$5,000 in administrative costs to cover the environmental review and other start-up activities. • The City's contract contains performance-related conditions (Attachment F)that must be met before funds for construction may be drawn Program Condition 1 lists activities that must be completed within 180 days award date. Program Condition 9 is new and requires Recipients to submit their construction procurement documents to the Department for desk monitoring and approval prior to awarding the construction contract. Program Condition 10 is new and requires Recipients to provide documentation with all Requests for Funds that include reimbursement of construction costs. Please review the contract and begin the process of meeting applicable program, category and special conditions. Florida Department of Economic Opportunity I Caldwell Building 1 107 E Madison Street I Tallahassee,FL 32399 866.FLA.2345 I 850 245 7105 I 850 921 3223 Fax wwwflondaiobs org I www twitter com/FLDEO I wwwfacebook.com/FLDEO An equal opportunity employer/program Auxiliary aids and services are available upon request to individuals with disabilities All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711 The Honorable Harold Turville,Jr September 10, 2014 Page 2 of 2 • The Subgrant Agreement also contains important information on reports and forms that must be submitted periodically. (See Attachment C.) A user ID and password will be assigned to each employee authorized to access eCDBG on Attachment J. All Requests for Funds, Minority Business Enterprise (MBE) reports and Section 3 reports must be submitted through eCDBG. The Quarterly Status Report and Closeout forms are accessed through the Small Cities CDBG web page. • The Department cannot process a payment request for less than$5,000 unless it is the final Request for Funds being submitted before closeout. We look forward to working with the City and will provide technical assistance upon request. If you have questions about your subgrant, please contact Mona Wood, Government Operations Consultant II,at (850)717-8408 or at Mona.Wood @deo.myflorida.com. Sincerely, C4,9 411 494 Roger J. Doherty, CLEP Planning Manager Small Cities CDBG Program RJD/mw Enclosures cc: Mr James Kinzler, Director of Environmental Services, City of Clermont Mr. Fred Fox, President, Fred Fox Enterprises